Decree No. 43/2013/ND-CP of May 10, 2013, elaborate the implementation of article 10 of the Law on Trade Union on the rights and obligations of the trade union to represent and protect the lawful rights and interests of employees

DECREE

ELABORATE THE IMPLEMENTATION OF ARTICLE 10 OF THE LAW ON TRADE UNION ON THE RIGHTS AND OBLIGATIONS OF THE TRADE UNION TO REPRESENT AND PROTECT THE LAWFUL RIGHTS AND INTERESTS OF EMPLOYEES

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Trade Union dated June 20, 2012;

At the request of the Minister of Labor, War Invalids and Social Affairs;

After reaching an agreement with Confederation of Labor, the Government issues a Degree on the implementation of Article 10 of the Law on Trade Union on the rights and obligations of the trade union to represent and protect the lawful rights and interests of employees,

Article 1. Scope of regulation

This Decree specifies the the rights and obligations of the trade union (hereinafter referred to as the union) to represent and protect the lawful rights and interests of employees

Article 2. Subjects of application

1. The unions at all level in the union system as prescribed in Article 7 of the Law on Trade Union.

2. Officials, workers and employees (hereinafter referred to as employees)

3. Employers and organizations relating the rights and obligations of the union to represent and protect the lawful rights and interests of employees.

Article 3. Rights and obligations of the union to provide employees with guidance and advices on their rights and responsibilities when concluding labor contracts with employers.

The grassroots union of an employing organization (hereinafter referred to as grassroots union) is entitled and obliged to provide employees with guidance and advices on:

1. The methods, principles, types of contracts, contract contents, rights and obligations of both parties to provide information, probation period, internship period, and the relevant issues when concluding labor contracts;

2. The responsibility to do the works according to contracts, the procedure, rights and obligations of both parties when assign other tasks to employees, the cases in which the labor contract is suspended, and the cases in which employees are reemployed when such suspension period is over;

3. The order, procedure, and policies when the labor contract is amended or terminated.

Article 4. Rights and obligations of the union to negotiate, sign, and supervise the implementation of collective labor agreements on behalf of the whole staff

1. The grassroots unions of organizations that sign labor contracts with employees have the following rights and obligations:

a) Collect information and suggestions relating to the lawful interests of employees; request the employer to enter into a collective negotiation;

b) Negotiate and conclude collective labor agreement on behalf of the whole staff; amend, extend the collective labor agreement as prescribed by the laws on labor;

c) Spread the collective labor agreement among employees; supervise the implementation of the collective labor agreement within the organization; request the employee to comply with the collective labor agreement; request the resolution of collective labor disputes when the employer fails to comply with or violates the collective labor agreement as prescribed by the laws on labor.

2. The rights and obligations of sectoral unions to negotiate, conclude collective labor agreements and supervise its implementation on behalf of the whole staff are similar to those of grassroots unions as prescribed in Clause 1 of this Article.

Article 5. Rights and obligations of the union to cooperate with the employer establishing and supervising the implementation of the wage scale, the payroll, the labor norms, the regulations on wage payment, bonus, and labor regulations.

The grassroots union has the following rights and obigations:

1. Collect opinions of employees, cooperate with the employer in establishing, issuing, amending the wage scale, the payroll, the labor norms, the regulations on wage payment and bonus, and labor regulations as prescribed by the laws on labor;

2. Supervise the implementation of the wage scale, the payroll, the labor norms, the regulations on wage payment and bonus, and labor regulations as prescribed by the laws on labor; request the employer to amend the wage scale, the payroll, the labor norms, the regulations on wage payment and bonus, and labor regulations as prescribed by the laws on labor.

Article 6. Rights and obligations of the union to discuss with the employer about the resolution of issues relating to rights and obligations of employees

The grassroots union has the following rights and obigations:

1. Collect information and suggestions relating to the lawful interests of employees; request the employer to hold discussions at works as prescribed by the laws on labor.

2. Hold periodic or unscheduled discussions with the employer; cooperate with the employer to hold Employee Conventions or Official Conventions as prescribed by law.

3. Supervise the implementation of the Resolutions of Employee Conventions, Official Conventions, and the agreements reached in the discussions at work, and the principles of democracy at work as prescribed by law.

Article 7. Rights and obligations of the union to provide legal advices for employees

The unions at all level are entitled and obliged to provide employees with advices on the laws on labor, officials, social insurance, health insurance, the union, and other laws relating to the lawful rights and interests of employees.

Article 8. Rights and obligations of the union to cooperate with organizations and individuals competent to resolve labor disputes

1. The grassroots union is entitled to request organizations and individuals competent to resolve labor disputes to comply with the order and procedure as prescribed by law.

2. The grassroots union is obliged to:

a) Provide guidance and support employees in resolving individual labor disputes at their request; participate in the resolution of individual labor disputes on the employees’ behalf when being authorized by employees;

b) Participate in the meetings about the resolution of individual labor disputes held by labor conciliators at their request.

3. The superior union is obliged to:

a) Cooperate with organizations and individuals competent to resolve collective labor disputes as prescribed by the laws on labor;

b) Assist the grassroots unions in fulfilling their obligations and exercising their rights as prescribed in Clause 2 of this Article.

Article 9. Rights and responsibilities of the union to request competent state authorities to consider and resolve when the lawful rights and interests of the whole staff or individual employees are violated

1. The grassroots unions of organizations that sign labor contracts with employees have the following rights and obigations:

a) Request competent state authorities and the superiors union to consider and settle when the lawful rights and interests of the whole staff or individual employees are violated

b) Negotiate with the employer when the lawful rights and interests of the whole staff of individual employees are violated at the request of competent state authorities and the superior union; resolve collective labor disputes as prescribed by the laws on labor.

2. The grassroots unions of administrative agencies have the following rights and obigations:

a) Request the director of the organization to consider and settle when the lawful rights and interests of the whole staff or individual employees are violated;

b) Request competent state authorities and the superiors union to consider and settle when decision made by the director of the organization is not satisfactory, or the director of the organization fails to comply with the request for the lawful rights and interests of the whole staff after the deadline.

Article 10. Rights and obligations of the union to file lawsuits on behalf of the whole staff when their lawful rights and interests are violated, to file lawsuits when the lawful rights and interests of individual employees is violated under the authorization of such employees.

The grassroots union has the following rights and obigations:

1. File lawsuits on behalf of the whole staff when their lawful rights and interests are violated;

2. File lawsuits on behalf of individual employees when being authorized by such employees to resolve individual labor disputes as prescribed by law.

Article 11. Rights and obligations of the union to represent the whole staff and individual employees in the lawsuits over labor, administration, and bankruptcy

The grassroots union has the following rights and obigations:

1. Represent the whole staff in the lawsuits over labor, administration, and bankruptcy as prescribed by law to protect their lawful rights and interests;

2. Represent individual employees in the lawsuits when being authorized by such employees to protect their lawful rights and interests in lawsuits over labor, administration, and bankruptcy;

Article 12. Rights and responsibilities of the union to call and organize strikes

The grassroots unions of organizations that sign labor contracts with employees have the following rights and obigations:

1. Seek opinions from the whole staff to call a strike as prescribed by the laws on labor;

2. Make the decision on the strike and announce the time when the strike begins;

3. Withdraw the decision on the strike if the strike does not take place;

4. Organize the strike as prescribed by the laws on labor;

5. Comply with the regulations on the cases in which strikes are prohibited, suspended, and terminated as prescribed by the laws on labor;

6. Request the Court to declare the strike to be legal as prescribed by law;

Article 13. Rights and obligations of the direct superior union to represent and protect the lawful rights and interests of employees

The direct superior union has the following rights and obligations:

1. The rights and obligations of internal unions as prescribed in Articles 3, 4, 5, 6, 8, 9, 10, 11 and 12 of this Decree in the organizations where grassroots unions are not established at the request of employees of those organizations;

2. Assist grassroots unions in fulfilling their obligations and exercising their rights as prescribed in this Decree.

Article 14. Rights and obligations of superior unions

1. Pursuant to functions, tasks, and organizational structure of the union in the union’s charter, Confederation of Labor shall guide the unions at all level to exercise the rights and fulfill the obligations to represent and protect the lawful rights and interests of employees as prescribed in this Decree.

2. Provincial unions and central unions shall provide guidance and support superior unions and grassroots unions in exercising their rights and fulfilling their obligations to represent and protect the lawful rights and interests of employees as prescribed in this Decree.

Article 15. Obligations of employers:

Employers, the organizations that represent employers, relevant organizations and individuals shall provide information, cooperate and enable the unions at all level to exercise their rights and fulfill their obligations to represent and protect the lawful rights and interests of employees as prescribed in this Decree.

Article 16. Effects

1. This Decree takes effect on July 01, 2013.

2. The Decree No. 133/HDBT dated April 20, 1991 of the Ministers’ Council on the instruction on the implementation of the Law on Trade Union, and the Decree No. 302/HDBT dated August 19, 1992 of the Ministers’ Council on the rights and obligations of grassroots unions are annulled from the effective date of this Decree.

Article 17. Responsibility for the implementation

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces are responsible for the implementation of this Decree./.