Decision 1617/QD-TLD 2014 Regulations on arrangement of full-time trade union officers at grassroots trade unions in enterprises in the non-state economic sector, foreign-invested enterprises, and non-business units promulgated by the Vietnam General Confederation of Labor

DECISION

ON ARRANGING FULLTIME TRADE UNION CADRES TO GRASSROOTS TRADE UNIONS IN NON-STATE ENTERPRISES, FOREIGN-INVESTED ENTERPRISES AND PUBLIC SECTOR ENTITIES

PRESIDIUM OF VIETNAM GENERAL CONFEDERATION OF LABOR

Pursuant to Law on Trade unions, the Charter of the Vietnamese Trade Union;

Pursuant to Decree No. 191/2013/ND-CP dated November 21, 2013 of the Government detailing on trade union finance;

Pursuant to Decree No 6a/NQ-TLD dated January 06, 2011 on “Continuing to renovate the contents, methods and enhance the quality of operation of grassroots trade unions"; Decree No. 4a/NQ-TLD dated June 24, 2014 on “Improving the efficiency of upper-level trade unions of grassroots trade unions to meet the requirements of workers’ movement and trade union activities in the new situation” of the Executive Committee of the Vietnam General Confederation of Labor;

Pursuant to Decision No. 272/QD-TLD dated March 07, 2014 of the Presidium of Vietnam General Confederation of Labor promulgating regulation on revenue, expenditure and management of internal trade union budget;

At the proposal of the Organizing Department, Socio-economic policy and Emulation Department and Financial Department,

HEREBY DECIDES

Article 1. The Regulation on arranging fulltime trade union cadres in non-state enterprises, foreign-invested enterprises and public sector entities is promulgated together with this Decision.

Article 2. This Decision takes effect on January 01, 2015 and replaces Decision No. 525/QD-TLD dated April 25, 2011 of the Presidium of Vietnam General Confederation of Labor.

Article 3: Departments of the Vietnam General Confederation of Labor, provincial confederations of labor, central industrial unions and the equivalent, trade unions of parent companies affiliated to the General Confederation; upper-level trade unions of grassroots trade unions and grassroots trade unions in non-state enterprises, foreign-invested enterprises and public sector entities shall implement this Decision.

REGULATION

ON ARRANGING FULLTIME TRADE UNION CADRES IN GRASSROOTS TRADE UNIONS IN NON-STATE ENTERPRISES, FOREIGN-INVESTED ENTERPRISES AND PUBLIC SECTOR ENTITIES
(Issued together with Decision No. 1617/QD-TLD dated December 31, 2014 by the Presidium of Vietnam General Confederation of Labor)

Chapter I.

GENERAL PROVISIONS

Article 1. Scope

This Decision stipulates the arrangement of fulltime trade union cadres and the salary and allowance regimes of fulltime trade union cadres working in grassroots trade unions of non-state enterprises, foreign-invested enterprises and public sector entities.

Article 2. Regulated entities

1. Grassroots trade unions in non-state enterprises, foreign-invested enterprises and public sector entities (hereinafter referred to as “enterprises and units”) under regulations of the Charter of Vietnamese Trade Union.

2. Fulltime trade union cadres in grassroots trade unions, including:

a) Fulltime trade union cadres arranged by competent trade union in grassroots trade unions in a limited period.

b) Employees of enterprises, units arranged to be in charge of regular tasks of grassroots trade unions and paid by such trade unions.

c) Employees of enterprises, units elected by the congress or conference of grassroots trade unions , arranged to be in charge of regular tasks of grassroots trade unions and paid by their enterprises, units.

3. The upper-level trade unions of grassroots trade unions which are allowed to implement this Decision are: the confederations of labor of districts, towns, provincial cities (hereinafter referred to as “confederations of labor of districts”); the trade unions of industrial parks, export processing zones, economic zones and hi-tech parks (hereinafter referred to as “trade unions of industrial parks”); the trade unions of parent companies and the trade unions of local branches.

4. The Confederation of Labor of provinces and centrally-affiliated cities (hereinafter referred to as "provincial confederations of labor”), central industrial unions and the equivalent, and trade unions of parent companies affiliated to the General Confederation.

Article 3. Requirements for arranging fulltime trade union cadres in grassroots trade unions

1. The arrangement of a fulltime trade union cadre shall be made with the own volition of the assigned person and the agreement with the employer.

2. Upper-level trade unions and grassroots trade unions shall have sufficient funding for salary and allowance payment of their fulltime trade union cadres in accordance with regulations of the Vietnam General Confederation of Labor.

3. If a grassroots trade union in an enterprise, unit prescribed in Clause 1, Article 2 of this Decision has 1000 members who are subject to social insurance, such trade union is allowed to arrange one fulltime trade union cadre who shall be paid in accordance with regulations of using the financial budget of the trade union. As for grassroots trade unions with more than 1000 members, for each additional 1500 member such trade unions are allowed to arrange one fulltime trade union cadre. The maximum cadres for a trade union shall not exceed 7 cadres and the salary of such cadres shall be paid from the financial budget of the trade unions. If a grassroots trade union has a sufficient funding and the number of cadres required is higher than the number prescribed in this clause, such trade union shall reach an agreement with the employer and propose the provincial confederations of labor, central industrial unions and the equivalent to consider for approval.

4. As for grassroots trade unions which have fewer than 1000 members and require fulltime trade union cadres, if their enterprises, units agree to pay the cadres with their funding, the upper-level trade unions shall consider recognizing such cadres in conformity with regulations.

Article 4. Competence, order, procedures for arranging fulltime trade union cadres in grassroots trade unions

1. The Vietnam General Confederation of Labor shall manage the quantity of fulltime trade union cadres arranged by trade unions at levels in grassroots trade unions.

2. In case of fulltime trade union cadres arranged by the upper-level trade unions in accordance with regulations prescribed in point a, clause 2, Article 2 of this Decision, after reaching the agreement on the workplace of the fulltime trade union cadres with the employers, provincial confederations of labor, central industrial unions and the equivalent shall decide the arrangement or authorize the upper-level trade unions to consider for decision.

3. In case of employees of enterprises, units prescribed in point b, clause 2, Article 2 of this Decision, after reaching the agreement with the employers, grassroots trade unions shall propose the provincial confederations of labor, central industrial unions and the equivalent or the authorized upper-level trade unions to consider approving or signing the ordinary labor contracts, public employee’s labor contracts with such employees.

4. In case of fulltime trade union cadres paid by enterprises, units as prescribed in point c, clause 2, Article 2 of this Decision, grassroots trade unions shall reach agreement with the employers and propose the upper-level trade unions to recognize the cadres.

Article 5. Tasks, powers, commendation, disciplining, relief of duty or dismissal of fulltime trade union cadres

1. The tasks and powers of a fulltime trade union cadre in a grassroots trade union are prescribed in regulations of the Charter of Vietnamese Trade Union and current regulations of the Vietnam General Confederation of Labor.

2. The evaluation, commendation, disciplining, relief of duty or dismissal of a fulltime trade union cadre shall be conducted by the competent authority which approved or arranged the cadre in the grassroots trade union in accordance with regulations of law and the Vietnam General Confederation of Labor.

3. As for fulltime trade union cadres who are employees working in enterprises, units as prescribed in point b, clause 2, Article 2 of this Decision, when such employees resign as cadres in grassroots trade unions not due to violations of discipline, the upper-level trade unions, the grassroots trade unions shall reach agreement with the employers to arrange a new job or give such cadres the priority of recruitment of upper-level trade unions if possible and such cadres shall enjoy the salary of the new position in accordance with current regulations.

Chapter II.

SALARY REGIME AND BENEFITS OF FULLTIME TRADE UNION CADRES IN GRASSROOTS TRADE UNIONS

Article 6. Salary regime of fulltime trade union cadres

1. Fulltime trade union cadres who are arranged by the upper-level trade unions as prescribed in point a, clause 2, Article 2 of this Decision shall be paid in accordance with regulations of the Government and the General Confederation. The provincial confederations of labor, central industrial unions and the equivalent or authorized upper-level trade unions shall consider providing monthly allowance for arranged cadres, which shall not exceed the region-based minimum wages applied to the enterprises, units that such cadres are working in.

2. Fulltime trade union cadres who are employees working in enterprises, units as prescribed in point b, clause 2, Article 2 of this Decision shall be paid the current salary and benefits (if any) under signed ordinary labor contracts, public employees’ labor contracts. In case a fulltime trade union cadre has his/her current salary higher than the limit prescribed in the financial regulation of the trade union, the grassroots trade union or the upper-level trade union shall reach an agreement with the employer on the employer’s supports.

3. Fulltime trade union cadres prescribed in point c, clause 2, Article 2 of this Decision shall be paid from the salary budget decided by the employers under the agreement with the grassroots trade unions.

4. When the minimum wages of enterprises, units are changed in conformity with regulations of the Government, the salary of the fulltime trade union cadres at the grassroots trade unions shall change like the salary of employees of such enterprises, units.

5. In addition to salary, fulltime trade union cadres at grassroots trade unions prescribed in clause 2, Article 2 of this Decision are entitled to benefits like those of employees working in enterprises, units in accordance with regulations of law and the enterprises, units.

6. Trade unions are encouraged to reach agreement with employers to pay the fulltime trade union cadres from the salary budget of enterprises.

Article 7. Pay raise regime

The pay raise of fulltime trade union cadres in grassroots trade unions shall be conducted as follows:

1. Salary of fulltime trade union cadres who are arranged by the upper-level trade unions as prescribed in point a, clause 2, Article 2 of this Decision shall be regularly raised or raised ahead of time in accordance with regulations of the Government and the General Confederation.

2. Salary of fulltime trade union cadres who are employees working in enterprises, units as prescribed in point b, clause 2, Article 2 of this Decision shall be regularly raised as those of employees at enterprises, units.

Article 8. Methods of salary payment and payables of fulltime trade union cadres

1. As for fulltime trade union cadres arranged by the upper-level trade unions as prescribed in point a, clause 2, Article 2 of this Decision, the trade unions at the directly higher level shall pay the salary and payables to such cadres.

2. As for fulltime trade union cadres who are employees working in enterprises, units as prescribed in point b, clause 2, Article 2 of this Decision, the grassroots trade unions shall pay the salary and payables to such cadres from the trade union’s financial budget.

3. As for fulltime trade union cadres who are employees working in enterprises, units as prescribed in point c, clause 2, Article 2 of this Decision, the salary and payables of such cadres are paid by the employers based on the agreement with the grassroots trade unions .

Chapter III

IMPLEMENTATION

Article 9: Provincial confederations of labor, central industrial unions and the equivalent, trade unions of parent companies affiliated to the General Confederation; upper-level trade unions prescribed in Clause 3, Article 2 of this Decision shall implement this Decision.

If a grassroots trade union has arrange its fulltime trade union cadre under Decision No. 525/QD-TLD dated April 25, 2011 and has sufficient funding for the salary payment of the cadre, such trade union shall continue to implement this Decision and make no change in the current salary of such cadre. In case of insufficient funding, the upper-level trade union, the grassroots trade union shall arrange or reach agreement with the employer and/or the authority which arranges the cadre to arrange other tasks for the cadre.

Article 10. The Financial Department of the General Confederation shall:

1. Instruct trade unions at levels to pay salary to their fulltime trade union cadres and settle the revenues and expenditures of grassroots trade unions.

2. Consolidate, research, and propose amendments to inadequacies of the regulations on the limit on funding for salary payment of fulltime trade union cadres working in grassroots trade unions.

Article 11. The Organizing Department of the General Confederation shall:

1. Provide guidance and supervise the arrangement of fulltime trade union cadres of grassroots trade unions.

2. Supervise the implementation of this Decision and make research, advise, propose to the Presidium of Vietnam General Confederation of Labor for consideration and amendment.

---------------

This document is handled by Vinas Doc. Document reference purposes only. Any comments, please send to email: [email protected]