Date: 17 December 2021
Writers: Huy Nguyen & Thao Nguyen
During the process of working for employers, employees must comply with internal labor regulations to ensure work progress as well as enhance performance. If employees violate regulations and shall be subject to labor discipline in form of dismissal, the process of dealing with labor discipline shall be in accordance with the law, one of which is the participation of representatives of Grassroots Trade Union (“GTU”).
So how does Vietnamese law regulate such an issue? BLawyers Vietnam analyzed underneath.
1. Role of Grassroots Trade Union in labor relations
Trade Union is an organization that plays an important role in labor relations. Article 10 of the Constitution 2013 recognized that the Trade Union of Vietnam is a socio-political organization of the working class and employees, voluntarily established to represent employees, care for and protect the lawful and legitimate rights and interests of employees. In addition, the Constitution regulated that Trade Union can participate in inspection and supervision of the operations of enterprises regarding issues related to the rights and obligations of employees; and mobilize employees to learn to improve their professional qualifications and skills, abide by the law, and build and defend the Fatherland.
Article 1 of Law on Trade Union 2012 reaffirmed the position and role of the Trade Union. It shows that Trade Union has a particularly important position in Vietnamese law. The Trade Union can bridge the gap between employers and employees. It is a representative organization of employees, which protects lawful rights and interests of employees – disadvantaged party in labor relations
Furthermore, GTU’s rights and obligations are clarified at Labor Code 2019 Article 178 as follows:
- To be consulted for the establishment; supervise the implementation of the pay scale, payroll, labor rates, regulations on salary payment, rewards, internal labor regulations, and other issues related to the rights and interests of employees being their members;
- To represent employees in the course of settlement of complaints and individual labor disputes when authorized by employees; and
- Other rights and obligations provided by law.
2. Issues related to Grassroots Trade Union when dealing with labor discipline in form of dismissal
We stress some issues as follows:
Firstly, GTU must participate in the process of dealing with labor discipline in form of dismissal. Under Article 122.1.b of Labor Code 2019, the grassroots-level employees’ representative organization must participate in handling labor discipline. This means the participation of GTU is a condition that must be satisfied to conduct the disciplinary hearing.
Secondly, GTU must be informed about the disciplinary hearing on the dismissal. By law, employers must notify the GTU about the contents, time, location of the hearing, and information related to the full name of the employee who is disciplined at least 05 working days before the disciplinary hearing is held.
Thirdly, the minutes of the disciplinary hearing shall bear the signatures of the representative of GTU. The prevailing law provides that minutes of the disciplinary hearing shall be made in writing, ratified before the end of the hearing, and shall bear the signature of the representative of GTU who participates in the hearing. The regulation on the right to sign the minutes of the hearing proves the participation of GTU as well as shows the supervisory role of GTU in dealing with the dismissal labor discipline.
Fourthly, a disciplinary decision shall be sent to GTU. By law, the person having the power to take disciplinary actions shall issue a disciplinary decision on dismissal and send it to the representative of GTU who participates in the dismissal hearing.
Thus, if failing to comply with issues relating to GTU during the dismissal process, such dismissal decision could be considered a violation. See more some notes on illegal termination of labor contracts by employers and some notes on internal labor regulations under Vietnamese laws.
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