Article 28 of the Trade Union Law (amended) stipulates the guarantees for trade union officials as follows:
1. In case the labor contract or employment contract expires and the employee is a non-professional union official who is still in the union term, the labor contract or employment contract shall be extended until the end of the union term.
2. Employers are not allowed to unilaterally terminate labor contracts, work contracts, dismiss, force employees to quit or transfer them to other jobs without the written consent of the immediate superior union. In case of failure to reach an agreement, the two parties must report to the competent authority or organization. After 30 days from the date of notification to the competent authority or organization, the employer has the right to decide and is responsible for its decision.
3. In case an employee who is a part-time union official is terminated by the employer from his/her labor contract, employment contract, forced to quit or illegally dismissed, the Trade Union has the responsibility to request the competent state agency to intervene or to represent him/her by law in initiating a labor lawsuit at the Court to protect the legitimate rights and interests of the union official, except in cases where the union official refuses.
In case they cannot return to their old job, the non-professional union staff will be supported by the Union to find a new job and during the period of job interruption, they will be supported with money from the union's financial resources according to the regulations of the Vietnam General Confederation of Labor.
According to Article 4 of the Law on Trade Unions (amended), a non-professional trade union official is a person elected by trade unions at all levels or appointed by a competent trade union authority to the position of deputy head of a trade union group or higher to concurrently hold the work of the trade union organization.
Article 25 of the current Trade Union Law stipulates the following guarantees for trade union officials:
1. In case the labor contract or employment contract expires and the employee is a non-professional union official who is still in office, the labor contract or employment contract will be extended until the end of the term.
2. The employer shall not unilaterally terminate the labor contract, employment contract, dismiss, force to quit or transfer the work of a non-professional union official without the written consent of the Executive Committee of the grassroots trade union or the Executive Committee of the trade union at the level directly above the grassroots level. In case of failure to reach an agreement, the two parties must report to the competent authority or organization. After 30 days from the date of reporting to the competent authority or organization, the employer shall have the right to decide and shall be responsible for its decision.
3. In case an employee who is a part-time union official is terminated by an agency, organization or enterprise, forced to quit or illegally dismissed, the Trade Union has the responsibility to request the competent state agency to intervene; if authorized, the Trade Union shall represent the employee in filing a lawsuit in court to protect the legitimate rights and interests of the union official; at the same time, support in finding new employment and provide allowances during the period of employment interruption according to the regulations of the Vietnam General Confederation of Labor.
