It is necessary to stipulate that trade unions have the "inherent" right to represent workers in lawsuits.

Participating in the discussion of this bill, Representative Duong Van Phuoc - Deputy Head of the National Assembly Delegation of Quang Nam province - assessed that the current Trade Union Law, enacted in 2012, has revealed many limitations after 12 years of implementation; it has not kept pace with the requirements of development and international economic integration. Therefore, amending the Trade Union Law is necessary.

According to delegate Duong Van Phuoc, the role of trade unions in representing and protecting the legitimate rights and interests of workers is very important.

However, in reality, there are many cases where businesses owe or evade social insurance contributions, but trade unions cannot file lawsuits due to regulations regarding the collection of authorization documents from individual employees.

Therefore, it is necessary to clearly stipulate in the law that: Trade unions are the "natural" representatives of workers to proactively protect their rights; if a worker's rights are violated, the trade union has the "natural" right to represent the worker in filing a lawsuit without needing authorization from the worker themselves.

Delegate Duong Van Phuoc agreed with the proposal to increase the mobilization of resources by trade union organizations in personnel work, in order to resolve practical difficulties regarding staffing and placement of trade union officials, and to meet the requirements of membership development in today's competitive environment.

To make this regulation feasible, delegates suggested that the drafting agency study the need for a unified regulation in the application process regarding the "framework" for the number of trade union officials/member ratio at both grassroots and higher-level trade unions, in order to avoid situations where the structure of trade union officials is not commensurate with the workload, tasks, and activities of the trade union.

The scene of the discussion in the Assembly Hall on the morning of June 18th.

Regarding ensuring the operating conditions of trade unions, delegate Duong Van Phuoc cited the 2013 Constitution, which stipulates that the Vietnam Trade Union is a socio-political organization of the working class and of laborers, representing laborers, caring for and protecting the legitimate rights and interests of laborers; participating in state management, socio-economic management; participating in inspection, auditing, and supervision of the activities of state agencies, organizations, units, and enterprises on issues related to the rights and obligations of laborers...

Thus, the Vietnam Trade Union is both a socio-political organization, fulfilling tasks assigned by the Party and the State, and an organization representing and protecting the rights of workers. In the current competitive environment for membership growth, it needs attention and support to continue to accompany and develop alongside the country in the new revolutionary period.

Regarding the management and use of 2% of trade union finances, delegate Duong Van Phuoc stated that this legitimate source of revenue for the Vietnam Trade Union is historical, established in 1957, and recognized by law. This funding has been used openly and transparently by the Vietnam Trade Union primarily to care for the lives of union members and workers at the grassroots level, and to support the activities of trade union officials and serve the activities of the trade union.

However, to ensure proactiveness and flexibility, and to facilitate trade unions in organizing activities effectively at the grassroots level and caring for the lives of workers, union members, and employees, the delegates proposed that the Government be tasked with specifying the ratio of trade union funds used between higher-level trade unions and grassroots trade unions and workers' organizations in enterprises, in order to ensure flexibility and fairness in financial revenue and expenditure in accordance with the law...

Source: https://baoquangnam.vn/can-quy-dinh-cong-doan-co-quyen-duong-nhien-dai-dien-nguoi-lao-dong-de-khoi-kien-3136573.html