On the morning of June 18, continuing the 7th Session of the 15th National Assembly, at the National Assembly House, under the chairmanship of National Assembly Chairman Tran Thanh Man, the National Assembly discussed in the hall the draft Law on Trade Unions (amended).
Participating in giving comments, National Assembly Deputy Mai Van Hai, Provincial Party Committee member, Deputy Head of the National Assembly Delegation of Thanh Hoa province agreed with the necessity of amending the Trade Union Law, which has a sufficient political, legal basis and practical implementation of the 2012 Law. After more than 10 years of implementing the Law, it has contributed to increasingly enhancing the role and position of trade union organizations, and the function of representing and protecting the legitimate and legal rights and interests of trade union units and workers has become increasingly effective. However, there are still many practical problems and shortcomings that need to be corrected to meet the operational requirements of trade union organizations in the new situation and international integration.
To contribute to the completion of the draft law, National Assembly Deputy Mai Van Hai has some opinions, which are: Article 5. Right to establish, join and operate trade unions. Accordingly, option 1 has 2 new points to expand trade union membership, which are: Clause 1. Workers without labor relations in Vietnam have the right to establish, join and operate in trade unions. Clause 2. Foreign workers working in labor-using units in Vietnam have the right to join and operate in Vietnamese trade unions.
These are new issues related to workers without labor relations in Vietnam (freelance) and foreign workers, expanding the scope of workers participating in trade unions to both improve the quality of trade union activities and better protect the rights of workers. However, delegate Mai Van Hai suggested that it is necessary to be cautious, consider and clarify a number of issues before considering this option: It is necessary to assess the specific impact of expanding the scope of trade union participation to foreigners, how it affects national security, as well as the contribution of foreign workers to the effectiveness of trade union activities.
It is necessary to assess very specifically the need to join a trade union for those who do not have a labor contract. In fact, most workers who do not have labor relations in the localities have little time to join local unions.
It is necessary to clarify the need for foreign workers to participate in trade unions in FDI enterprises as well as domestic invested enterprises; foreign workers are mostly business managers, experts, and high-quality workers; in reality, in some localities, some business owners have not really created favorable conditions for trade unions to operate, in terms of time, union fund debt, and other conditions for trade union activities.
It is recommended to study and specify the conditions and standards for workers without labor relations and foreign workers to participate in trade unions. In particular, it is necessary to clarify the feasibility of the regulations when encountering some "barriers" such as: Business owners do not create conditions; difficulties, disagreements, cultural differences, especially language differences... Furthermore, it is necessary to clarify that the Vietnam Trade Union is a political and social organization of the working class and Vietnamese workers, so is it appropriate to gather foreigners?
Regarding Article 8: The organizational system of Vietnam's trade unions, according to delegate Mai Van Hai, the organization system of Vietnam's trade unions is basically unified as in the draft, but he proposed to add at point c, clause 1 that trade unions on the basis of being established in high-tech zones. Because, Resolution 02 dated June 12, 2021 of the Politburo on innovation of organization and operation of Vietnam's trade unions in the new situation stated that it is necessary to improve the quality of grassroots trade unions and grassroots-level unions, including trade unions in industrial parks, export processing zones, economic zones, high-tech zones... Delegate Mai Van Hai proposed to add grassroots trade unions including trade unions in high-tech zones.
In Article 17. Social criticism of trade unions, according to delegate Mai Van Hai, this is also a newly regulated content, regulating the documents that need criticism, the content of criticism. But the specific mechanism of criticism has not been clearly regulated?
There are no regulations on the relationship and responsibilities of the agency that requests opinions related to the rights and interests of union members and workers who have requests or proposals for the union to preside over the response. If there are no specific regulations, the union organization will not be able to proactively implement them. If there is a document, it will request a response; if there is a document, it will not request, and the union will find it difficult to know.
It is necessary to stipulate the responsibility of State agencies requesting feedback in receiving and explaining feedback from trade unions.
In Article 29. Trade union finance, delegate Mai Van Hai agreed that the trade union fund paid by the business organization is equal to 2% of the salary fund as the basis for social insurance payment. But proposed Clause 2: In case the business encounters difficulties due to natural disasters, fires, epidemics and has to temporarily suspend production and business, leading to the inability to contribute trade union funds, it will be considered for exemption, reduction or temporary suspension of payment.
According to delegate Mai Van Hai, the regulation that only those who are unable to pay fees can consider exemption, reduction or suspension of payment is not timely to support businesses. Instead, it should be considered for businesses facing difficulties due to natural disasters, fires, and epidemics that have to reduce production, cut orders, and lay off workers. The level of difficulty should be regulated to consider exemption, reduction or suspension of payment to create conditions for businesses to overcome difficulties.
Quoc Huong
Source: https://baothanhhoa.vn/dbqh-mai-van-hai-tham-gia-gop-y-ve-du-an-luat-cong-doan-sua-doi-217101.htm
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