LAW ON TRADE UNIONS(1)
In order to develop the law relating to trade unions in the socialist revolution,and to ensure the democratic rights and benefits of workers ;
borrow的用法Pursuant to articles10,32,83,86and106of the Constitution of the Socialist Republic of Vietnam ;
This law makes provisions in relation to the function, powers and obligations of a trade union.
CHAPTER I
GENERAL PROVISIONS
Article 1
1.A trade union is a large political and social organization of the working class voluntarily established under the leadership of the Vietname Communist Party.It reprents Vietname workers(workers),is part of the political system of Vietnam and brings the benefits of socialism to workers.
2.Vietname workers employed in the business and Production units of economic ctors, enterpris with foreign Owned capital,other Work.units,State bodies sad social Organizations (referred to as bodies,units,and organizations)are all entitled,within the framework of the trade union laws of Vietnam, to establish and join trade unions.
Any union established by workers in accordance with the provisions of the law shall be entitled to join trade union federation.
When a trade union is established it shall inform the government body or organization concerned in order that official relations may be established.
Obstruction and violation of the principles of voluntary recruitment to the organization and operation of a trade union and discriminatory treatment of workers who join and participate in a trade union are prohibited.
3. Each trade union from the local level upwards shall have the status of a legal entity.
The General Federation of Labour of Vietnam and Vietname trade union associations are entitled to join international trade union organizations which have like objectives.
Article 2.
1.Each trade union shall reprent and protect the rights and legitimate interests of the workers. It shall be responsible for liaising with the State in order to increa production,create jobs,and improve the standard of living of workers.
高一英语单词mp32.Each trade union shall reprent and organize workers by participating in the economic and social management of bodies,units,organizations,and the State.A trade union shall,within the limits of its function,exerci its power to control the activities of bodies,units and organizations in accordance with the provisions of the law.
3.Each trade union shall organize,educate and encourage workers to become masters of their country,perform the duties of citizens,and build and protect the socialism of the fatherland of Vietnam.
Article 3.
1,Each union shall,in carrying out its activities,abide by the Constitution and the law.State bodies and the heads of units and organizations shall obrve the rights of unions as independent entities and all other rights provided in this Law.
2.State bodies,and the heads of units,organizations,and unions shall together strengthen co-operation and relations in all activities with the aim of strengthening tho bodies,units,and organizations in order to build fine nation and to take ca of the interests of its workers.Where different opinions exist they shall be discusd and be the subject of negotiations in order that they may be resolved in accordance with the law.State bodies and heads of units and organizations shall be responsible for the creation of conditions necessary for the activities of unions.
3.The Council of Ministers shall,with the agreement of the General Federation of Labour of Vietnam,make specific provisions regulating relations and operations at all levels between State bodies and head of units, organizations and unions.
CHAPTER II
RIGHTS AND OBLIGATIONS OF TRADE UNIONS
Article 4.
1.Each union shall reprent and organize the State's workers in order to establish and carry out economic and social development programmes,policy,economic management and objectives, and p
olicy concerning the rights,obligations,and interests of workers.The President of the General Federation of Labour of Vietnam shall be entitled to attend the meeting of the Council of Ministers.Presidents of unions at all levels shall be entitled to attend the meetings of State. bodies,units,and organizations concerned when the matters being discusd at tho meetings relate to the rights, obligations, arid interests of workers. .
2.Each union shall promote the Constitution and laws,educate workers to follow and uphold the law,participate in the building of socialism,protect the fatherland,protect socialist property,and work with discipline, productivity,quality, and efficiency.
3.Unions at local levels shall,with bodies,units,arid organizations ensure that their right to take charge of a labour association carried out in accordance with provisions of the law.
4.Each union shall,with bodies,organizations,State run economic units,work units,and co-operatives organize a movement of competition within socialism in order to develop the potential of all workers and to achieve economic and social objectives.
Article 5.
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1.The General Federation of Labour of Vietnam shall be entitled to submit draft laws and ordinances to the Legislative asmbly and the State Council in relation to any matters which directly concern the rights, obligations, and interests of workers.
2.Each union shall co-operate with State bodies in order to develop jaws,policies,and regimes in relation to labour,wages Labour protection,and other social policies which relate directly to the rights, obligations, and interests of workers.
3.Each union shall be responsible for encouraging and inspecting the implementation of labour policy and regimes.
Article 6.
1.Each trade union shall co-operate with State bodies in rearching scientific applications and labour protection techniques and devising standard,and regulations for labour protection and industrial hygiene.
2.Each trade union shall educate workers to obrve,strictly,provisions on labour and protection of the environment.
3.Each trade union shall monitor the obrvance of labour protection laws.In the event that any sign of danger which might threaten the life of a workers is discovered within a work place,the trade union shall be entitled to request that the person responsible carry out immediately all measures necessary in order to ensure occupational safety,including where required,the suspension of operations.
4.Trade union reprentative/shall participate in the investigation of labour accidents.A trade union shall be entitled to request that State bodies or courts procute persons responsible for labour accidents in accordance with the provisions of the law.
Article 7.
Each trade union shall liai with the bodies,units,and organizations concerned in order to create employment,organize training,and improve the professional standards,culture,and science and technology skills of workers. .
Article 8.
1.Each trade union shall participate in the formation of social policies and liai with the State body responsible for management of social insurance in accordance with the provisions of the law.
2.Each trade union shall,with the bodies,units,and organizations concerned,be responsible for organizing and taking care of the cultural life,sporting activities,recreation,and tourist activities of workers.
3.Each trade union at a local level shall,for the benefit of the workers,co-operate with the bodies,units,and organizations concerned in the management and u of the collective welfare fund.
Article 9.
1.Each trade union shall,within its function,monitor the obrvance of the laws on labour contracts,employment,retrenchment,wages,bonus,labour protection,social insurance and policies in relation to the rights, obligations and interests of workers.
2.Each trade union shall request that the heads of bodies,units,and organizations reply to all its questions and shall recommend measures to rectify deficiencies in the law,prevent offences being committed against the law, and deal with offenders.
3.Heads or bodies,units,and organizations shall reply to the trade union resolution within the time limits provided by the law.Reasons must be given in relation to any Trotters which remain outstanding.
Article 10
acca报名费用1.Each trade union shall,as the reprentative of the workers,request that the head of any bodies, units, and organizations concerned meet and answer all questions raid by the workers.
2.wirer necessary the trade union shall organize a discussion to be held between the workers and the head of the body,unit or organization concerned in order that any matters relating to the rights obligations, and interests of the workers may be resolved.
Article 11.
1.Trade unions at local levels shall reprent workers in signing collective labour agreements with directors of enterpris belonging to economic ctors and shall control the signing and performance of labour contracts.
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2.Trade unions shall,with State bodies,resolves the complaints and accusations made by workers in accordance with the law.
3.Trade unions shall reprent workers in negotiations with the head of bodies,units and organizations in order to resolve labour disputes within tho bodies,units,and organizations.A repre
ntative of the trade union shall attend and state his opinion at the hearing of labour disputes by an authorized organization or court.
4.A worker who is not a member of the trade union shall have the right to request that the executive committee of the trade union reprent and protect his rights and legitimate interests before a court, or the head of the body, unit of organization concerned.
Article 12.
1.State bodies,heads of units and organizations shall have discussions with their counterpart trade union before making any decisions'in relation to the rights,obligations,and interests of workers.
2.Before making any decisions in relation to salary,bonus or housing,or applying and disciplinary measures to force a worker to resign or to terininate a labour contract prior to its expiry,the director of a State run enterpri,or head of a State body or work unit shall discuss and agree upon the matter with the executive committee of the trade union.scored
exceptIn the event that both sides disagree on the matter concerned,they shall refer it to an authorized body or organization for resolution in the manner provided for in this article.Within thirty (30)days from the date of receipt of such a reference,the body or organization concerned shall reply.
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The Council of Ministers and General Federation of Labour of Vietnam.shall mike specific provisions on the process and procedures to a adopted in resolving matters when unanimous agreement is not reached between the trade union and the head of the body,unit or organization concerned.
Labour disputes shall be resolved in accordance with the law on resolution of labour disputes. 3.The matters of discussion and agreement between the General Federation of Labour of Vietnam and the Council of Ministers shall be decided in accordance with the rules pursuant to which their activities are co-ordinated.
Article 13.
The Council of Ministers shall,pursuant to the provisions of this Law and with the General Federation of Labour of Vietnam,make specific provisions on the right and responsibilities of the trade unions at local level.The provisions shall be consistent with the nature of each type of body,unit,organization,enterpri and co-operative which compri the various economic ctors.
runtimeexceptionCHAPTER III
GUARANTEES OF TRADE UNION ACTIVITIES
Article 14.
The heads of bodies,units,and organizations shall create favourable conditions and provide information to the trade union necessary for the performance of its functions,rights,and obligations
html documentThe Council of Ministers shall,with the agreement of the General Federation of Labour of Vietnam, made specific provisions on the matters.
Article 15.
1.Head of bodies,units,and organizations shall create favourable conditions for a worker to fulfill his responsibilities where he is elected to the executive committee of,or is requested to perform tasks by, a trade union.
2.Trade union officers who are not specially skilled for particular tasks shall be allowed a fixed period of time during working hours Vi perform their trade union duties.
The Council of Ministers and General Federation of Labour of Vietnam shall make specific provisions as to the time and conditions for activities to be carried out by such trade union officers.
3.The Gneral Federation of Labour of Vietnam shall make regulations on the number of officers requited for administration of a trade union.
The salary of trade union officers shall be stipulated,in accordance with general policy,by the General Federation of Labour of Vietnam and shall be paid out of trade union funds.
4.Any decision to dismiss,retrench or teminate the labour contract before expiry or transfer the job of a member of the executive committee of a trade union shall be agreed to by the executive committee of the trade union at the same level.Decisions made in relation to the chairman of the executive committee of a trade union shall be agreed to directly by a trade union of a higher
