Proposal to add the right of union members to enjoy institutions invested by the union

Delegate Duong Van Phuoc - Deputy Head of the National Assembly Delegation of Quang Nam province gave comments on the draft Law on Trade Unions (amended). Photo: V.HIEU

This is a difficult and complex law, with high political and legal implications in the context of integration, requiring reasonable and harmonious resolution of many closely related issues. In addition, there are provisions in the draft law that can only be of a principled nature to comply with the provisions of the Labor Code and the drafting agency is currently seeking opinions from competent authorities for consideration and decision.

According to delegate Duong Van Phuoc, regarding prohibited acts, the regulation prohibits the acts of “Failure to pay union fees; late payment of union fees;...”; however, the draft law has not clearly defined what is “late payment” and “non-payment”, while these two contents are very difficult to determine and can easily be exploited to avoid responsibility.

Therefore, delegate Duong Van Phuoc proposed that the draft law should specify the period of time (3 months, 6 months,...) that is considered non-payment of union fees or late payment of union fees so that the law ensures strictness and convenience for units and enterprises in monitoring and fulfilling the obligation to pay these fees.

The Law on Labor Safety and Hygiene stipulates: “Every year, employers must organize health check-ups for employees at least once; employees doing heavy, toxic, dangerous or especially heavy, toxic, dangerous jobs, employees with disabilities, minor employees, and elderly employees must have health check-ups at least once every 6 months.”

To ensure the implementation of this provision in the revised Trade Union Law, delegates proposed regulations on the responsibility of trade unions in representing, caring for and protecting the legitimate rights and interests of trade union members and employees in supervising employers in organizing health check-ups for employees.

Article 11 stipulates the responsibility of the trade union as “Investing in the construction of social housing, cultural and sports facilities, and related technical infrastructure to serve union members and workers in accordance with the provisions of law”. However, Article 21 does not stipulate the rights of union members to enjoy cultural, sports facilities, and related technical infrastructure invested by the union. Therefore, the delegate proposed to add this right to the draft law.

Scene of the morning meeting on October 24.

Delegate Duong Van Phuoc said that currently the number of staff assigned to the union is small, while the number of union members, workers and employees is increasing, and the union base is constantly developing, so management is not guaranteed and does not meet the requirements of the task if there is no arrangement for more full-time union officials who are contract workers. In addition, the Vietnam General Confederation of Labor is given autonomy in managing the union's financial resources according to the provisions of law.

Therefore, to ensure the management and organization of trade union activities, delegates proposed that the draft law maintain the provision that the Vietnam General Confederation of Labor has the right to decide the number of full-time trade union officials who work under labor contracts in specialized trade union agencies and grassroots trade unions as in previous drafts.

Regarding the management and use of trade union finances, the draft law stipulates that “the General Confederation of Labor shall coordinate with the Government” when issuing standards and norms for trade union financial expenditures. Delegates said that this provision would increase procedures and cause difficulties for trade union activities, because the content and implementation methods are very difficult to implement.

Currently, the General Confederation still bases on the State's spending norms to develop criteria and issue financial norms within its organization based on Decree 191/2013/ND-CP of the Government. The results of the inspection, examination, and audit of trade union finances, and the summary report of 10 years of implementation of the Trade Union Law 2012 show that there are no problems in this matter.

Therefore, according to the delegate, it is appropriate to give the General Confederation the autonomy to make decisions and take responsibility for its decisions according to the provisions of law, in order to create initiative in trade union activities, in line with the policy of innovation in trade union organization and activities.

Source: https://baoquangnam.vn/quoc-hoi-thao-luan-ve-du-an-luat-cong-doan-sua-doi-de-xuat-bo-sung-quyen-cua-doan-vien-duoc-huong-thu-cac-thiet-che-do-cong-doan-dau-tu-3143200.html