How is the procedure for establishing a grassroots trade union regulated?is legal content that readers often need to check carefully before implementing it in practice. This article has been systematized by ANT Legal in an easy-to-understand manner, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
The order for establishing a grassroots trade union is specifically stipulated in Article 12 of Instruction 03/HD-TLD 2020 on the implementation of the Charter of Vietnam Trade Unions as follows:
(1) Campaign committee to establish a grassroots union
a. Where there is no grassroots trade union, workers who are union members or have not yet been union members can mobilize other workers to join the union and join forces to establish a grassroots trade union through the organization of a campaign committee.
b. During the process of the campaign committee mobilizing workers to join the union and establish a grassroots union, the members of the campaign committee appoint the head of the campaign committee and contact the nearest superior union for guidance, help and support.
c. When 05 or more people (including workers who are trade union members and workers who have applied to join the union) voluntarily join forces to establish a grassroots trade union, the head of the advocacy committee contacts the superior trade union for help in preparing and organizing a congress to establish a grassroots trade union.
(2) Congress establishes grassroots trade unions
a. Participants at the conference include:
– Campaign committee to establish grassroots trade unions.
– Employees working at the employer who are either union members or not yet have an application to join the Vietnam Trade Union.
– Representatives of the superior trade union, the employer and other components (if any) attend and witness the congress to establish the grassroots trade union.
b. The organization and administration of the congress to establish the grassroots trade union is carried out by the campaign committee; You can invite more union members and workers outside the campaign committee who are experienced and reputable to participate in running or serving as secretary of the congress.
c. The content of the congress to establish the grassroots trade union includes:
– Declaring the reason and introducing delegates.
– Report on the process of mobilizing workers to join the union and the preparation for establishing a grassroots union.
– Announcing the list of employees who have voluntarily applied to join the union.
– Declaration of establishment of grassroots trade union.
– A representative of the superior trade union speaks (if any).
– Employer’s statement (if any).
– Election of the grassroots trade union executive committee.
– Election of grassroots trade union president.
– Approve the operation plan of the grassroots trade union.
d. The election at the congress to establish the grassroots trade union is carried out by secret ballot, according to Section 8 of these Instructions. The election ballot at the congress to establish the union must have the signature of the head of the campaign committee to establish the grassroots union in the left corner, above the ballot.D. In places where, due to production and business conditions, it is impossible to convene all workers who have applications to join the union to attend the congress to establish the grassroots union, the campaign committee will organize the collection of personnel introduction ballots and distribute ballots to elect the executive committee and president of the grassroots union to union members in departments, divisions, groups, teams, workshops, and work groups; At the same time, carry out vote counting according to regulations and announce election results for all union members to know.
e. At the end of the congress to establish a grassroots trade union, the campaign committee hands over all congress records to the executive committee or the newly elected president, including a list of the campaign committee to keep records and documents to establish a grassroots trade union and grassroots trade union.
g. The campaign committee ended its mission after successfully organizing a congress to establish a grassroots trade union.
The establishment of a grassroots trade union must ensure compliance with the above order.
What purposes are grassroots trade union funds used for?
Pursuant to the provisions of Article 15 of Decision 174/QD-TLD 2020, grassroots trade union funds are used for the purpose of performing the following tasks and powers:
– Propagating and mobilizing union members and real workers present the Party’s policies and guidelines; State policies and laws, citizens’ obligations; policies and resolutions of the Trade Union.
– Represent, care for and protect the legitimate rights and interests of union members and workers according to the provisions of State law.
– Supervise or participate in supervising the implementation of policies, laws, internal rules, regulations, collective labor agreements and issues related to the legal and legitimate rights and interests of union members and employees according to the provisions of law.
– Coordinate with employers to develop and implement democratic regulations at the grassroots level; take care of material and spiritual life, improve qualifications and professional skills, improve working conditions and health care for workers; organize emulation movements, cultural and social activities.
– Organize the implementation of resolutions of trade unions at all levels, comply with the Charter of Vietnam Trade Union; Organize training and fostering of trade union members and officials; Manage and use union finances and assets in accordance with regulations; Carry out development and management of union members; build strong grassroots trade unions; Participate in building harmonious, stable and progressive labor relations in the workplace; building agencies, units, and enterprises for sustainable development; Participate in building a clean and strong Party and people’s government.
– The Presidium of the General Confederation provides detailed instructions on the duties and powers of each type of grassroots trade union.
Are grassroots unions allowed to use funds to carry out activities to care for the material and spiritual lives of workers?
Pursuant to the provisions in Clause 2, Article 13 of Instruction 03/HD-TLD 2020 on the duties and powers of grassroots trade unions at enterprises as follows:
“13.2. Enterprise trade unions
a. Enterprise trade unions include types of enterprises licensed to be established under the Enterprise Law.
b. Duties and powers of enterprise trade unions
– Propagate and mobilize union members and workers to implement the Party’s guidelines and policies, the State’s policies and laws, the tasks of the trade union organization and the internal rules and regulations of the enterprise; Actively study and practice to improve political, cultural, legal, scientific and technical, professional and professional qualifications.
– Representing the labor collective to negotiate, sign and supervise the implementation of the collective labor agreement; coordinate with employers or employer representatives to implement democratic regulations, open employee conferences, develop and sign regulations on coordination of activities; Guide employees to enter into labor contracts and employment contracts. Representing the labor collective to participate in resolving labor disputes, exercising the rights of the grassroots trade union, organizing and leading strikes in accordance with the law.
– Gathering and resolving the legal and legitimate thoughts and aspirations of union members and workers; organize dialogue between employees and employers; coordinate with employers to organize emulation movements and develop production and business; taking care of the material and spiritual lives of workers; Mobilize workers to participate in cultural, sports, social activities, support and help each other in their careers, in life, and fight to prevent social evils.
– Supervise the implementation of laws related to the rights and obligations of workers and trade unions; Participate in enterprise councils according to the provisions of law and enterprise charter; Participate in building salary scales, rules and regulations related to the rights and interests of employees; organize and manage the safety network, hygiene staff and supervise labor safety and hygiene, health care for workers in the enterprise.
– Development and management of union members; build strong grassroots trade unions and participate in building the Party.
– Manage and use trade union finances and assets in accordance with the law.”
It can be seen that, in case the enterprise where you work establishes a grassroots union, then the grassroots union is allowed to use funds to carry out activities to take care of the material and spiritual lives of workers.
Note on Applying Current Legal Regulations
This article belongs to the Business & M&A group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.
Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common Legal Risks to Note
- Applying legal instruments that have been amended, supplemented or replaced.
- Preparing an incomplete set of documents, materials or necessary evidence.
- Misunderstanding the conditions, procedure, timeline or competent authority.
- Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.
How Can ANT Legal Support You?
ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.
For prompt advice, you may contact a lawyer at 0966.475.966.
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