Decree No. 43/2013/NĐ-CP detailing the implementation of Article 10 of the Trade Union Law on the rights and responsibilities of trade unions in representing and protecting the legitimate and just interests of workers.

DECREE

Detailed Implementation Regulation of Article 10 of the Trade Union Law concerning the rights and responsibilities of trade unions in representing and protecting the legitimate and reasonable rights and interests of workers

After reaching consensus with the Vietnam General Confederation of Labor, the Government promulgates this Decree to provide detailed implementation regulations for Article 10 of the Trade Union Law regarding the rights and responsibilities of trade unions in representing and protecting the legitimate and reasonable rights and interests of workers.

This Decree stipulates the rights and responsibilities of trade unions in representing and protecting the legitimate and reasonable rights and interests of workers.

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Trade Union Law dated June 20, 2012;

Decree No. 07/2021/NĐ-CP

1. Trade union organizations at all levels within the trade union system as prescribed in Article 7 of the Trade Union Law.

Article 1. Scope of application

2. Civil servants, public officials, workers, and employees (collectively referred to as workers).

Article 2. Applicability

3. Employers, agencies, and organizations related to the exercise of the rights and responsibilities of trade unions in representing and protecting the legitimate and reasonable rights and interests of workers.

The rights and responsibilities of trade unions in guiding and advising workers on their rights and obligations when entering into and performing labor contracts and employment contracts with employers.

The grassroots trade union at the employer's unit has the right and responsibility to guide and advise workers on the following issues:

Article 3. 1. Forms, principles, types of contracts, contents of contracts, rights and obligations of the parties regarding information provision, probationary period, training period, and related matters when entering into labor contracts and employment contracts;

2. Obligations to perform work according to the contract, procedures, formalities, rights and obligations of the parties in cases of transferring workers to other jobs, temporary suspension, and resumption of labor contracts and employment contracts;

3. Procedures, formalities, and policies for workers when changes, supplements, termination of labor contracts and employment contracts occur.

The rights and responsibilities of trade unions in representing groups of workers in collective bargaining, signing, and supervising the implementation of collective labor agreements.

1. Grassroots trade unions at enterprises, agencies, and organizations employing workers under labor contracts have the following rights and responsibilities:

Article 4. a) Collecting information, compiling proposals on matters related to the legitimate and reasonable rights and interests of workers; requesting employers to engage in collective bargaining in enterprises, agencies, and organizations;

c) Publicizing collective labor agreements to workers; supervising the implementation of collective labor agreements in enterprises, agencies, and organizations; requesting employers to comply strictly with collective labor agreements; requesting resolution of collective labor disputes when employers fail to fully implement or violate collective labor agreements in accordance with labor laws.

2. Industry-level trade unions exercise the rights and responsibilities as stipulated in Clause 1 of this Article in representing groups of workers in collective bargaining, signing, and supervising the implementation of industry-level collective labor agreements.

b) Representing the collective of workers to negotiate and sign collective labor agreements; amending, supplementing, and extending the term of collective labor agreements in accordance with labor laws;

The rights and responsibilities of trade unions in participating with employers in establishing and supervising the implementation of wage scales, job standards, remuneration systems, bonus systems, and labor regulations.

Grassroots trade unions at employers' units have the following rights and responsibilities:

Article 5. 1. Organizing to collect opinions, consolidating workers' opinions, participating in writing with employers in the establishment, issuance, amendment, and supplementation of wage scales, job standards, remuneration systems, bonus systems, and labor regulations in accordance with labor laws;

2. Organizing supervision over the implementation of wage scales, job standards, remuneration systems, bonus systems, and labor regulations; proposing amendments and supplements to wage scales, job standards, remuneration systems, bonus systems, and labor regulations to employers.

The rights and responsibilities of trade unions in engaging in dialogue with employers to resolve issues related to the rights and obligations of workers.

1. Collecting information, compiling proposals on matters related to the legitimate and reasonable rights and interests of workers; requesting employers to organize workplace dialogues in accordance with labor laws;

Article 6. 2. Conducting regular or ad hoc dialogues with employers; coordinating with employers to organize Workers' Conferences and Civil Servants' Conferences in accordance with the law;

2. Organizing supervision over the implementation of wage scales, job standards, remuneration systems, bonus systems, and labor regulations; proposing amendments and supplements to wage scales, job standards, remuneration systems, bonus systems, and labor regulations to employers.

3. Supervising the implementation of resolutions of Workers' Conferences, Civil Servants' Conferences, agreements reached through workplace dialogues, and grassroots democratic regulations in accordance with the law.

The rights and responsibilities of trade unions in organizing legal counseling activities for workers.

All levels of trade unions have the right and responsibility to organize legal counseling activities for workers on the contents prescribed by labor laws, civil servant laws, social insurance laws, health insurance laws, trade union laws, and other relevant laws concerning the rights and legitimate and reasonable interests of workers through the activities of various levels of trade unions.

Article 7. The rights and responsibilities of trade unions in participating with competent authorities in resolving labor disputes.

1. Grassroots trade unions have the right to request in writing from competent authorities to resolve labor disputes in accordance with the prescribed procedures and formalities under the law.

Article 8. 2. Grassroots trade unions have the following responsibilities:

a) Guiding and supporting workers in resolving individual labor disputes when requested by workers; representing workers in the process of resolving individual labor disputes upon authorization by workers;

b) Participating in mediation sessions for individual labor disputes at the request of labor mediators.

3. Higher-level trade unions have the following responsibilities:

b) Participate in the session to resolve individual labor disputes at the request of the labor mediator.

3. The higher-level trade union shall have the following responsibilities:

a) Participate with competent authorities in resolving collective labor disputes in accordance with the provisions of labor laws;

b) Support grassroots trade unions in exercising their rights and responsibilities as stipulated in Clause 2 of this Article.

Article 9. The rights and responsibilities of trade unions in making representations to state agencies with authority to consider and resolve when the legitimate and just interests of collective workers or individual workers are violated

c) Publicizing collective labor agreements to workers; supervising the implementation of collective labor agreements in enterprises, agencies, and organizations; requesting employers to comply strictly with collective labor agreements; requesting resolution of collective labor disputes when employers fail to fully implement or violate collective labor agreements in accordance with labor laws.

a) Make representations to state agencies with authority and higher-level trade unions to consider and resolve when the legitimate and just interests of collective workers or individual workers are violated;

b) Engage in negotiations with employers to resolve when the legitimate and just interests of collective workers are violated according to the requirements of state agencies with authority and higher-level trade unions; implement the resolution of collective labor disputes in accordance with labor laws.

2. Grassroots trade unions at administrative agencies, public institutions have the following rights and responsibilities:

a) Make representations to the heads of agencies, units to consider and resolve when the legitimate and just interests of collective workers or individual workers are violated;

b) Make representations to state agencies with authority and higher-level trade unions to consider and resolve if they do not accept the decision of the head of the agency, unit or if the deadline has expired and the head of the agency, unit has not resolved the request regarding the legitimate and just interests of collective workers.

Article 10. The rights and responsibilities of trade unions in representing collective workers to initiate lawsuits before courts when the legitimate and just interests of collective workers are violated; represent individual workers to initiate lawsuits before courts when the legitimate and just interests of individual workers are violated and authorized by the workers

2. Organizing supervision over the implementation of wage scales, job standards, remuneration systems, bonus systems, and labor regulations; proposing amendments and supplements to wage scales, job standards, remuneration systems, bonus systems, and labor regulations to employers.

1. Represent collective workers to initiate lawsuits before courts when the legitimate and just interests of collective workers are violated in accordance with the law;

2. Represent individual workers to initiate lawsuits before courts if authorized by the workers to resolve individual labor disputes in accordance with the law.

Article 11. The rights and responsibilities of trade unions in representing collective workers and individual workers in litigation in labor, administrative, and corporate bankruptcy cases

2. Organizing supervision over the implementation of wage scales, job standards, remuneration systems, bonus systems, and labor regulations; proposing amendments and supplements to wage scales, job standards, remuneration systems, bonus systems, and labor regulations to employers.

1. Represent collective workers in litigation in labor, administrative, and corporate bankruptcy cases in accordance with the law to protect the legitimate and just interests of collective workers;

2. Represent individual workers in litigation if authorized by the workers to protect the legitimate and just interests of individual workers in labor, administrative, and corporate bankruptcy cases in accordance with the law.

Article 12. The rights and responsibilities of trade unions in organizing and leading strikes

Grassroots trade unions at enterprises, agencies, organizations employing workers under labor contracts have the following rights and responsibilities:

1. Solicit opinions from collective workers to organize strikes in accordance with labor laws;

2. Issue a strike decision and announce the start time of the strike;

3. Withdraw the strike decision if the strike has not yet commenced;

4. Organize strikes in accordance with labor laws;

5. Implement provisions prohibiting strikes, suspending, or stopping strikes in accordance with labor laws;

6. Request the court to declare the strike lawful in accordance with the law.

Article 13. The rights and responsibilities of higher-level trade unions directly above grassroots trade unions in representing and protecting the legitimate and just interests of workers

Higher-level trade unions directly above grassroots trade unions have the following rights and responsibilities:

1. Exercise the rights and responsibilities of grassroots trade unions as stipulated in Articles 3, 4, 5, 6, 8, 9, 10, 11, and 12 of this Decree in places where grassroots trade unions have not been established upon request by workers there;

2. Support grassroots trade unions in exercising their rights and responsibilities as stipulated in this Decree.

Article 14. The rights and responsibilities of higher-level trade unions

1. The General Confederation of Labor of Vietnam shall guide trade unions at all levels to exercise their rights and responsibilities in representing and protecting the legitimate and just interests of workers in accordance with this Decree based on the functions, tasks, and organizational structure of trade unions as stipulated in the Charter of the Vietnam Trade Union.

2. Provincial trade unions and central industry trade unions shall be responsible for guiding and supporting higher-level trade unions directly above grassroots trade unions and grassroots trade unions in exercising their rights and responsibilities in representing and protecting the legitimate and just interests of workers in accordance with this Decree.

Article 15. Responsibilities of employers, agencies, organizations, and individuals related

Employers, organizations representing employers, agencies, organizations, and individuals related shall have the responsibility to provide information, cooperate, and create favorable conditions for trade unions at all levels to exercise their rights and responsibilities in representing and protecting the legitimate and just interests of workers as stipulated in this Decree.

Article 16. Effectiveness

1. This Decree takes effect from July 1, 2013.

2. Decree No. 133/HĐBT dated April 20, 1991 of the Council of Ministers on guiding the implementation of the Trade Union Law and Decree No. 302/HĐBT dated August 19, 1992 of the Council of Ministers on the rights and responsibilities of grassroots trade unions in enterprises and agencies shall cease to be effective from the date this Decree takes effect.

Article 17. Responsibility for Implementation

The Minister, Heads of Ministries equivalent to Ministries, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.