Decree No. 118/SL of 1949 stipulates the establishment of Enterprise Committees at state-owned enterprises to ensure the rights and participation of workers and staff in production and business activities as well as enterprise management.
适用范围
Workers, staff, and management bodies of state-owned enterprises with twenty-five people or more.
要点
- Workers and staff of state-owned enterprises have the right to elect an Enterprise Committee (Article 1).
- The Enterprise Committee shall be established in enterprises with twenty-five workers or more, elected once a year (Article 2).
- The number of representatives of the Enterprise Committee depends on the scale and number of workers and staff in the enterprise (Article 5).
- The Enterprise Committee has the duty to contribute opinions on production organization, business operations, protect the enterprise during the resistance period, and improve living conditions for workers and staff (Article 7).
- The enterprise trade union may send a representative to participate in discussions at meetings of the Enterprise Committee but does not have voting rights (Article 10).
🌐 本文件的社会影响
- Enhance the role and benefits of workers in production and business activities.
- Help improve working conditions and living standards for workers.
- May create conflicts between the Enterprise Committee and the management body if there are disagreements.
- Strengthen internal management capabilities of the enterprise during the resistance period.
❓ 常见问题
Who is eligible to vote for the Enterprise Committee?
Workers and staff who have worked at the enterprise for three months or more, regardless of gender or nationality (Article 4).
How is the number of representatives of the Enterprise Committee determined?
Depending on the number of workers and staff in the enterprise, specifically from three to seven regular representatives and from two to three alternate representatives (Article 5).
What is the role of the trade union in the Enterprise Committee?
The enterprise trade union may appoint one representative to discuss and contribute opinions at meetings of the Enterprise Committee but does not have voting rights (Article 10).
What are the duties of the Enterprise Committee?
The Enterprise Committee is responsible for contributing opinions on production organization, business operations; protecting the enterprise during the resistance period, and improving working conditions for workers (Article 7).
When is the Enterprise Committee elected?
The Enterprise Committee is elected once a year (Article 2).
全文
DECREE
NUMBER: 118/SL DATE: OCTOBER 18, 1949
OF THE CHAIRMAN OF THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM
CHAIRMAN
THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM
Pursuant to Decree No. 29-SL dated March 12, 1947 and other decrees and regulations concerning transactions regarding employment between employers and workers,
At the request of the Minister of Labor,
Considering the current conditions of national economic activities,
In accordance with the resolution of the Council of Ministers,
After consultation with the Standing Committee of the National Assembly,
ISSUES THE DECREE:
Article 1- Workers and employees of state enterprises have the right to elect an Enterprise Committee according to the provisions set forth in this decree.
Article 2- The Enterprise Committee shall be established in state enterprises with twenty-five or more workers and employees. Elections shall take place annually.
Article 3- Such enterprises include:
- Factories, workshops, mines,
- Units of transportation agencies such as trains, ships, garages,
- Commercial units,
- Plantations, villages using regular workers, etc.
Article 4- All male and female workers and employees who have worked for three months in the enterprise shall have the right to vote.
Workers and employees aged eighteen or older shall have the right to run for election.
Directors, managers, and members of management boards and managerial positions shall have the right to vote but not to run for election.
Members of the Enterprise Committee whose term has ended may run for re-election.
Article 5- The number of members of the Enterprise Committee is determined as follows:
- Three regular and two alternate members in enterprises with twenty-five to one hundred workers and employees,
- Five regular and two alternate members in enterprises with one hundred and one to five hundred workers and employees,
- Seven regular and three alternate members in enterprises with five hundred and one workers and employees or more.
Article 6- At any time, if members of the Enterprise Committee or the entire Enterprise Committee lack competence and integrity, they may be dismissed by a majority vote of those entitled to vote.
, Clause 1, Clause 2 Article 7a of this Regulation. The Enterprise Committee shall have the following responsibilities:
a) Regarding production and business:
- To provide opinions and recommendations to the management authority on organizing the enterprise, setting production and business programs, increasing production levels, and improving technology,
- To assist the government in monitoring the financial use of the enterprise.
b) Protecting the enterprise during the resistance period:
To assist the management authority:
- To organize the protection of the enterprise, workers, and employees,
- To prevent internal spies and keep the confidentiality of the agency and production secrets.
c) Improving living conditions for workers and employees:
- To oversee the correct implementation of wage scales, grades, and salary scales,
- To organize and control common material and spiritual life,
- To oversee the implementation of internal rules.
d) Regarding rewards and punishments:
- To assist the management authority in matters of rewards and punishments.
Article 8- The Enterprise Committee may send representatives to attend meetings with the management authority whenever matters related to the responsibilities of the Enterprise Committee as stipulated in this decree are discussed.
The number of representatives is determined as follows:
- One representative for Enterprise Committees with three regular members,
- Two representatives for Enterprise Committees with five regular members,
- Three representatives for Enterprise Committees with seven regular members.
Article 9- In cases where the management authority disagrees with the Enterprise Committee, the opinion of the Enterprise Committee will be referred to the competent authority for decision.
Pending such decision, the decision of the management authority shall continue to be implemented.
Article 10- The enterprise trade union has the right to send a representative to attend meetings of the Enterprise Committee to discuss and provide opinions but without voting rights.
Article 11- Every six months, the representative of the management authority must inform the Enterprise Committee about the general operation of the enterprise.
Article 12- The procedures for electing the Enterprise Committee and the details of implementing the above provisions shall be specified in a decree issued by the Minister of Labor.
Article 13- The right of workers in private enterprises to elect an Enterprise Committee will be regulated by a subsequent decree.
Article 14- The Minister of Labor shall implement this decree.
Ho Chi Minh City
(Signed)
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