Fine of 30 million VND for discrimination against union officials

Quỳnh Chi |

The Ministry of Labor, War Invalids and Social Affairs has just announced a draft amendment to Decree 12/2022, which includes many provisions related to trade union organizations and officials.

Accordingly, the draft amendment to Decree 12/2022 (Draft) amends and supplements Clause 1, Article 36 of Decree No. 12/2022/ND-CP as follows:

"1. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed on employers who discriminate against employees, members of the management board of employee representative organizations at the workplace, or trade union officials for the reason of establishing, joining, or operating an employee representative organization, including one of the following acts:

a) Discrimination in terms of wages, bonuses, benefits, working hours, other rights and obligations in labor relations;

b) Request to join, not join or leave the organization representing employees at the facility, Vietnam Trade Union to be recruited, sign or renew labor contracts, work contracts;

c) Dismissal, labor discipline, unilateral termination of labor contracts, work contracts, non-renewal of labor contracts, work contracts or transfer of employees to other jobs;

d) Obstructing or causing difficulties related to work in order to weaken the activities of the organization representing employees at the facility;

d) Discrimination based on gender, ethnicity, religion, belief and other discrimination in labor;

e) False information aimed at discrediting the reputation and honor of union officials;

g) Promise or provide material or non-material benefits so that employees or union officials do not participate in union activities, stop working as union officials or act against the Union.

In addition, the Draft also amends and supplements Point a, Clause 1, Article 37 of Decree No. 12/2022/ND-CP as follows:

"a) Not paying salaries to members of the leadership board of the organization representing employees at the facility, and non-professional trade union officials during working hours as prescribed by law to perform the work of the organization representing employees at the facility".

Quỳnh Chi
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