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To ensure a legal corridor and maximize the role of a socio-political organization in protecting the rights and interests of workers, the emergence of the Trade Union Law is essential and completely necessary.
The latest Trade Union Law in 2023, content of Law No. 12/2012/QH13 of the National Assembly
1. Introduction to the Current Trade Union Law.
2. What is a Trade Union according to the Trade Union Law?
3. Main content of the 2012 Trade Union Law.
1. Introduction to the Current Trade Union Law
- The 2012 Trade Union Law No. 12/2012/QH13, effective from January 01, 2013, is the latest Trade Union Law replacing the 1990 Trade Union Law.
- The 2012 Trade Union Law consists of 33 Articles in a total of 06 chapters. Compared to the 1990 Trade Union Law, it adds 02 chapters and 14 Articles.
- Scope of regulation of the Trade Union Law:
+ Regulations on the right to establish, join, and operate trade unions of workers;
+ Functions, powers, and responsibilities of the Trade Union;
+ Rights and responsibilities of trade union members;
+ Responsibilities of the state, state agencies, organizations, units, enterprises using labor towards the Trade Union;
+ Ensuring the operation of the Trade Union;
+ Resolving disputes and handling violations of the law on trade unions.
The relationship between the Trade Union Law and the Labor Law is fundamentally rooted in the primary subjects being workers and employers.
* Download the Trade Union Law 2012 HERE
What is a trade union organization? What is its role with workers?
2. What is a Trade Union according to the Trade Union Law?
- Article 1 of the 2012 Trade Union Law provides the definition of a trade union, stating that a trade union is:
+ The socio-political organization of the working class and laborers is voluntarily established;
+ It is a member in the political system of Vietnamese society;
+ It is under the leadership of the Communist Party of Vietnam;
+ It represents the workers, along with state agencies, economic and social organizations, to care for and protect the legitimate rights and interests of workers;
+ Participating in state management, socio-economic affairs;
+ Participating in inspection, examination, and supervision of the activities of state agencies, organizations, units, enterprises;
+ Propagating, mobilizing workers to improve their education level, professional skills, law compliance, and to build and protect the socialist Vietnamese Fatherland.
Thus, even in the definition of trade unions, their role, tasks, and significant importance in the labor sector and other fields are already evident, contributing significantly to safeguarding the rights of workers.
To participate in trade union organizations at all levels, workers need to pay annual union fees. Details on the fee amounts for members in state agencies, state-owned enterprises, and private enterprises.
3. Main Content of the 2012 Trade Union Law
Based on the basic content of the Trade Union Law, here are some notable new points of the 2012 Trade Union Law compared to the 1990 Trade Union Law:
- Chapter I: General provisions.
New Point: Clarification on the definition of trade unions, supplemented provisions on terminology explanation, trade union organization system.
- Chapter II: Rights, responsibilities of the trade union and trade union members.
New Point: Supplementing the rights, responsibilities of trade union members;
- Chapter III: Responsibilities of the State, agencies, organizations, enterprises towards the Trade Union. This is a new chapter added with 03 articles specifying regulations.
- Chapter IV: Ensuring the operation of the trade union.
New Point: Specifies more specifically for each area of specific assurance, for example, assurance regarding organization, officials; ensuring conditions for trade union activities;...
- Chapter V: Resolving disputes, handling violations of trade union laws. This is a new chapter added compared to the 1990 Trade Union Law.
Until now, the Trade Union Law 2012 is still effectively applied, and essentially, this organization in many enterprises has been able to fulfill its role and function in protecting the rights of workers. To gain more legal knowledge, readers can refer to other current legal documents such as the Cybersecurity Law, Labor Safety Law, Civil Servant Law, ...
