On November 27th, with 443 out of 456 National Assembly delegates voting in favor, the National Assembly passed the amended Law on Trade Unions.
Chairwoman of the National Assembly's Social Affairs Committee, Nguyen Thuy Anh, presented the report explaining, receiving feedback, and revising the draft Law on Trade Unions (amended) before the National Assembly voted to approve the draft law.
Accordingly, regarding the right to establish, join, and operate trade unions (Article 5), the Standing Committee of the National Assembly believes that: Trade unions are "large-scale socio -political organizations of the working class and laborers," placed under the leadership of the Party. Therefore, the establishment, joining, and operation of trade unions must be regulated in a strict, consistent, and unified manner within the legal system, while also ensuring the attraction of workers and workers' organizations in enterprises to participate in trade unions and meeting the requirements of international integration and the practical demands of the development process. Responding to the opinions of National Assembly deputies, the Standing Committee of the National Assembly directed the revision of Article 5 of the draft Law concerning the establishment and joining of trade unions by Vietnamese workers and the joining of trade unions by foreign citizens. At the same time, the Standing Committee of the National Assembly requested the Vietnam General Confederation of Labor to promptly develop comprehensive solutions to promote the nature, role, and responsibilities of trade union members and trade union organizations in the new era, as suggested by National Assembly deputies.
According to the draft Law: Vietnamese workers have the right to establish, join, and operate trade unions; foreign workers working in Vietnam under labor contracts of 12 months or more are allowed to join and operate trade unions at the grassroots level; the establishment, joining, and operation of trade unions shall comply with the provisions of the Charter of the Vietnam Trade Union, this Law, and other relevant laws.
Regarding the suggestion to tighten regulations on the conditions for foreign workers to join trade unions, the Standing Committee of the National Assembly found that: Clause 5, Article 4 stipulates that "Trade union officials are Vietnamese citizens who are elected, recruited, appointed, or designated to perform the tasks of the trade union organization," including full-time and part-time trade union officials. Foreign workers, upon joining a trade union, are not allowed to run for or be nominated as trade union officials and can only participate in trade union activities at the grassroots level.
Clause 7 of Article 10 also prohibits "Abusing trade union rights to violate the law, infringe upon the interests of the State, and the legitimate rights and interests of agencies, organizations, units, enterprises, and individuals." Clause 3 of Article 5 stipulates that "The establishment, membership, and operation of trade unions shall be carried out in accordance with the provisions of the Charter of the Vietnam Trade Union, this Law, and other relevant legal provisions."
Based on the above analysis, according to the Standing Committee of the National Assembly, the conditions for voluntary participation, agreement with the principles and objectives of the Trade Union, or the period of residence in Vietnam will be specifically stipulated in the Charter of the Vietnam Trade Union and guided by the Vietnam General Confederation of Labor . Therefore, the Standing Committee of the National Assembly requests the National Assembly to retain the provisions as in the draft Law.
Regarding the accession of workers' organizations in enterprises to the Vietnam Trade Union (Article 6), taking into account the opinions of delegates, the proposals of the drafting agency, and the opinions of the Government, to ensure uniformity and consistency in the direction of the entire trade union system, the Standing Committee of the National Assembly directed the revision to add the authority of central and equivalent industry trade unions in recognizing workers' organizations in enterprises joining the Vietnam Trade Union in Clause 2 and to revise Clause 3 of Article 6.
At the same time, the Standing Committee of the National Assembly requested the Vietnam General Confederation of Labor to: unify direction and provide specific guidance, and have appropriate solutions in the process of organizing the implementation; supplement the regulations in the Charter of the Vietnam Trade Union regarding the conditions, standards, and procedures for rigorously verifying the legality and compliance with the law of the representative organization of workers in enterprises, as well as the qualifications and conditions of members when joining the Trade Union.
Regarding the suggestion to clarify the legal status of workers' organizations in enterprises upon joining the Vietnam Trade Union, specifically whether such organizations must be dissolved, reorganized, or have their position, functions, and duties changed, the Standing Committee of the National Assembly found that: Point a, Clause 3, Article 6 clearly stipulates that upon joining the Vietnam Trade Union, the organization automatically ceases to operate as a workers' organization in the enterprise and no longer exists; Clause 4, Article 6 provides a principle and assigns the Vietnam General Confederation of Labor to guide the implementation of workers' organizations joining the Trade Union in enterprises; the content mentioned by the National Assembly representative will also be detailed by the Government in accordance with Clause 2, Article 172 of the 2019 Labor Code. Therefore, the Standing Committee of the National Assembly requests the National Assembly to retain the provisions as in the draft Law.
"Regarding the supervision by the Trade Union (Article 16), in response to the opinions of National Assembly deputies, in order to make the provisions of the draft Law clear, coherent, easy to understand, easy to implement, and to avoid misinterpreting the supervision by the Trade Union as supervision with the nature of state power, while ensuring consistency and uniformity in the legal system (including the Law on the Implementation of Democracy at the Grassroots Level), the Standing Committee of the National Assembly has directed the revision of Article 16 in clauses 1 and 2, point b of clause 5, point e of clause 6, and point e of clause 7 to make them clearer, more coherent, and easier to understand," Ms. Anh explained.
Source: https://daidoanket.vn/nguoi-nuoc-ngoai-lam-viec-tai-viet-nam-co-hop-dong-lao-dong-tu-du-12-thang-tro-len-duoc-gia-nhap-cong-doan-10295357.html
Comment (0)