Need to develop a Law on Labor Procedure
News from the Da Nang City Labor Federation on December 15 said: The first Da Nang Trade Union Congress, term 2025 - 2030 (taking place on December 12 and 13), recorded many recommendations from union members and workers sent to the Vietnam General Confederation of Labor.
Notable among them is the recommendation that in recent years, the situation of labor disputes has become more and more common, with an increasing trend, especially labor disputes related to social insurance, severance pay, and wages.
Currently, the legal regulations on collective and individual labor dispute settlement are stipulated in the 2019 Labor Code and the Civil Procedure Code, the steps of lawsuit procedures are still complicated, inadequate, and labor dispute settlement is still considered a civil dispute, the time to carry out procedures and the dispute settlement process is still long.
Therefore, it is recommended that the Vietnam General Confederation of Labor coordinate with the Supreme People's Court to develop a Law on Labor Procedure to submit to the National Assembly to unify regulations on procedures for resolving collective and individual labor disputes in the coming time.
The next recommendation is to currently, the list of heavy, toxic, and dangerous jobs according to the provisions of Circular 11/2020/TT-BLDTBXH dated December 11, 2020 of the Ministry of Labor, War Invalids and Social Affairs stipulates 12 job titles such as fabric- Lined workers; numbered workers; synchronous workers selling finished products; workers who are, fold, packaged; workers exchanging and selling finished products... in the industrial garment industry are no longer entitled to the heavy, toxic, and dangerous regime as before.
This makes the rights of workers most disadvantaged, which are workers working in the period from 1997 (the time Decision No. 1629/LDTBXH-QD dated December 26, 1996 of the Minister of Labor - Invalids and Social Affairs took effect) to the date of Circular 11/2020/TT-BLDTBXH dated December 11, 2020 took effect.
Union members and workers in Da Nang requested the Vietnam General Confederation of Labor to coordinate with competent authorities to review, survey, and review additional heavy, toxic, and dangerous work to ensure the rights of workers.
At the same time, it is recommended that the Vietnam General Confederation of Labor intervene so that the Ministry of Labor, War Invalids and Social Affairs (now the Ministry of Home Affairs) can recognize Official Dispatch No. 131/BHXH-CDCS dated January 15, 2002 of the General Director of Vietnam Social Insurance to resolve the pension regime for employees (currently, employees at some textile and garment enterprises working under the above period are not entitled to a 5-year early retirement regime (having worked in a heavy, toxic, dangerous profession for 15 years or more) because the Ministry of Labor, War Invalids and Social Affairs (now the Ministry of Home Affairs) did not recognize Official Dispatch No. 131/BHXHH-CDCS dated January 15, 2002 of the General Director of Vietnam Social Insurance).
Focus on investing in housing for workers
Union members and workers in Da Nang requested the Vietnam General Confederation of Labor to propose to the Government specific instructions on the right to proactively conduct supervision of trade unions according to the provisions of Article 16 of the 2024 Trade Union Law to improve the effectiveness of supervision activities of trade union organizations, promptly detect inadequacies and disputes, prevent strikes and collective work stoppages that are not in accordance with regulations.
Resolution No. 20-NQ/TW dated January 28, 2008 of the Party Central Committee (Term X) on continuing to build the Vietnamese working class in the period of accelerating industrialization and modernization of the country after more than 15 years of implementation and implementation of the resolution has had inappropriate contents.
To continue building the Vietnamese working class in the new development stage, it is recommended that the General Confederation of Labor make recommendations to the Politburo and the Secretariat to summarize Resolution No. 20-NQ/TW and issue a new resolution to build a truly strong working class, meeting the new development requirements of the country.
Another problem is that currently the labor force in small and medium enterprises and informal labor is very large, to gather this force into trade unions.
Propose to issue specific policies to support the establishment of trade unions in small and micro enterprises, FDI enterprises, and trade unions - where trade unions are difficult to access; have mechanisms to support operating expenses and training grassroots trade union officials to improve negotiation skills, dialogue and protect union members.
Propose that the Vietnam General Confederation of Labor pay attention to prioritizing resources and focusing on investing in housing for workers in industrial parks, contributing to promoting the One million social housing apartments project for low-income people and industrial park workers in the period of 2021-2030 according to Decision No. 338/QD-TTg dated April 3, 2023 of the Prime Minister.
