Distorting information about a union that was fined up to 40 million VND

Quỳnh Chi |

The draft amendment to Decree 12/2022 introduced by the Ministry of Labor, Invalids and Social Affairs stipulates the level of penalty for the act of distorting information about trade union organizations.

Accordingly, the Draft amending Decree 12/2022 stipulates:

Amending and supplementing Clause 3, Article 53, Decree No. 12/2022/ND-CP are as follows:

"3. Fine from VND 20,000,000 to VND 40,000,000 for one of the following acts: Taking advantage of the establishment, joining or organization representing workers at the grassroots level to violate the law, infringe upon the legitimate rights and interests of agencies, organizations, enterprises and individuals; receive aid, sponsorship, receive technical support in violation of the law; information that is not true, incites, distorts, and defams the organization and trade union activities".

The draft amendment to Decree 12/2022 amends and supplements Clause 4, Article 35 of Decree No. 12/2022/ND-CP as follows:

"4. Remedial measures

Forcing employers to extend labor contracts and employment contracts that have been signed until the end of the term for employees who are members of the leadership board of the agency representing workers at the grassroots level, non-professional union officials who have expired their labor contracts and work contracts for violations specified in Point c, Clause 2 of this Article.

Amending and supplementing Point b Clause 1, Article 73 of Decree No. 12/2022/ND-CP as follows:

"b) Not allowing members of the leadership of the organization representing workers at the grassroots level, non-professional union officials to enjoy other guarantees in labor relations or in performing representative functions according to the provisions of law".

1. Amend and supplement Clause 3, Article 73 of Decree No. 12/2022/ND-CP as follows:

"3. Remedial measures

a) Force employers to pay salaries to members of the leadership of the organization representing workers at the grassroots level, non-professional union officials during the working period according to the provisions of law to perform the work of the organization representing workers at the grassroots level for the violation of the provisions of Point a, Clause 1 of this Article;

b) Forcing employers to ensure that members of the leadership of the organization representing workers at the grassroots level or non-professional union officials are entitled to other guarantees according to the provisions of law for violations specified in Point b, Clause 1 of this Article".

Amending and supplementing the names of Article 83 as follows:

"Article 38. Violating regulations on paying trade union funds and managing and using trade union funds"

13. Add Clause 2a after Clause 2, Article 38 of Decree No. 12/2022/ND-CP as follows:

"2a) Fine from VND 5,000,000 to VND 10,000,000 for management and use of trade union funds that are not in accordance with regulations".

Quỳnh Chi
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