This morning (November 27), with the majority of delegates in favor, the National Assembly passed the Trade Union Law (amended).
One of the new points of the Trade Union Law (amended) compared to the current Trade Union Law is the addition of the right to join and operate trade unions at grassroots trade unions (without the right to establish or become trade union officials) of foreign workers working in Vietnam.
Specifically, Article 5 of the Law on Trade Unions (amended) stipulates the right to establish, join and operate trade unions as follows:
1. Vietnamese workers have the right to establish, join and operate trade unions.
2. Foreign employees working in Vietnam under a labor contract with a term of 12 months or more are allowed to join and participate in trade union activities at the grassroots trade union.
3. 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 legal provisions.
Presenting a summary report on the reception, explanation and revision of the draft Law on Trade Unions (amended), on this content, Ms. Nguyen Thuy Anh, Chairwoman of the National Assembly's Social Committee, said that during the discussion, there were opinions suggesting stricter regulations on the conditions for joining trade unions for foreign workers.
The Standing Committee of the National Assembly finds that Clause 5, Article 4 stipulates that “Trade union officials are Vietnamese citizens who are elected, recruited, appointed, and designated to perform the tasks of the Trade Union organization”, including full-time trade union officials and part-time trade union officials. Foreign workers who join the Trade Union are not allowed to run for election or receive nominations as trade union officials and can only participate in trade union activities at the grassroots trade union.
In addition, Clause 7, Article 10 also prohibits "Taking advantage of trade union rights to violate the law, infringe upon the interests of the State, the legitimate rights and interests of agencies, organizations, units, enterprises and individuals";
Clause 3, Article 5 stipulates: “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 legal provisions.”
Therefore, the conditions of voluntary membership, approval of the principles and purposes of the Trade Union or length of residence in Vietnam... will be specifically regulated in the Charter of the Vietnam Trade Union and specifically guided by the Vietnam General Confederation of Labor.
Speaking to a reporter from Lao Dong Newspaper, delegate Nguyen Hoang Bao Tran (Binh Duong Delegation) said that attracting foreign workers to work in Vietnam helps the Trade Union become more diverse in terms of culture, thinking, experience, skills and working style from other countries.
By joining the Vietnam Trade Union, they can share knowledge and skills to contribute to improving professional and management capacity in trade union organizations, contributing to improving international integration capacity and connecting domestic and foreign workers, creating conditions for learning and developing advanced operating models.
“Expanding the scope of union membership to include foreign workers will contribute to increasing the number of members. This will strengthen the collective strength that the union represents and the union’s ability to negotiate with employers, as well as enhance the voice of workers in domestic and international forums,” said the delegate.
In addition, when foreign workers join the Union, they will have an additional channel to protect their rights and contribute their opinions. This helps to build a more equal, harmonious and sustainable working environment between employees and employers.
The delegate added that expanding the right to join for foreign workers demonstrates the open, progressive and integrated development of the Vietnam Trade Union. This helps to enhance the prestige and image of the organization in the eyes of the international community.
