National Assembly Delegate Vo Manh Son (Thanh Hoa National Assembly Delegation) gives comments on the draft Law on Trade Unions (amended)

On the morning of October 24, at the National Assembly House, continuing the 8th Session Program, under the chairmanship of National Assembly Chairman Tran Thanh Man, the National Assembly held a plenary discussion in the hall on the draft Law on Trade Unions (amended).

Participating in giving comments on the legal status of the Vietnam Trade Union (in Article 1 of the draft Law), National Assembly Deputy Vo Manh Son, Provincial Party Committee member, Chairman of the Thanh Hoa Provincial Labor Federation, said that Article 1 of the draft Law is a particularly important provision, creating a basis for specifying the rights and responsibilities according to the fields of operation of the Vietnam Trade Union in the following chapters, creating a legal corridor for the Trade Union to effectively perform its statutory functions. Basically, the content in Article 1 is inherited from the current Trade Union Law, with technical adjustments and ensuring compatibility and consistency with the provisions of the 2013 Constitution, especially Articles 9 and 10.

However, in this Article, delegates are still concerned when the draft Law continues to use the phrase "together with state agencies, economic organizations, social organizations" in caring for and protecting the legitimate and legal rights and interests of workers; because: First, Article 10 of the 2013 Constitution clearly stipulates that "Trade Unions... care for and protect the legitimate and legal rights and interests of workers". Second, although in our country's practice, Trade Unions are not the only entities that care for and protect the legitimate rights and interests of workers; however, the provision that Trade Unions "together with" may reduce the role and blur the image of Trade Unions in performing the core functions of their organizations. Delegates suggest further consideration of this issue.

Regarding the right to join trade unions of foreign workers (Article 5 of the draft Law). This is an issue that has received attention from public opinion and many National Assembly deputies, who spoke and discussed at the 7th session. Delegate Vo Manh Son agreed that the draft Law has added the right to join trade unions of foreign workers, for the following reasons: Firstly, in the context of increasingly deep international integration, Vietnam has participated in new-generation free trade agreements, signed and participated in dozens of important multilateral and bilateral agreements, such as CPTPP, EVFTA, UKVFTA... According to statistics of the Ministry of Labor - Invalids and Social Affairs, by the end of 2023, there will be about 136,800 foreigners working in Vietnam; this labor source contributes to improving social labor productivity, promoting rapid economic growth; creating human resources to meet the needs of foreign investors in Vietnam, contributing to training local human resources through osmotic interaction. The draft Law on Trade Unions (amended) allowing foreign workers to join Vietnamese Trade Unions is suitable to the context and practical needs of foreign workers in Vietnam and ensures the institutionalization of the Party's policies, ensuring synchronous compatibility in the legal system.

Second, allowing foreign workers to join trade unions as the draft law is recognizing is an important provision to protect their legitimate and legal rights and interests and is also consistent with the 1996 United Nations International Convention on Civil and Political Rights to which Vietnam is a member, which states the right to join trade unions to protect one's interests.

Third, the addition of this provision contributes to creating equality between Vietnamese and foreign workers in Vietnam; increases Vietnam's reputation in ensuring human rights, ensuring fairness between domestic and foreign workers.

Clause 2, Article 6 of the draft Law on Trade Unions stipulates that the Labor Confederation of provinces and centrally run cities has the authority to recognize the joining of the Vietnam Trade Union of employees' organizations at enterprises, which is "omitting" a number of other important entities (at the same level) as the Labor Confederation of provinces and centrally run cities, which are central and equivalent industry trade unions in recognizing employees' organizations at enterprises joining the Vietnam Trade Union.

Research on the organizational system, functions and tasks of the Vietnam Trade Union shows that: Central industry trade unions, group and general company trade unions under the General Confederation are level 2 trade unions (equivalent to provincial and municipal labor federations) under the Vietnam Trade Union system, organized by industry and sector, which is the development trend of trade unions in the world and a development orientation of the Vietnam Trade Union according to Resolution No. 02-NQ/TW dated June 12, 2021 of the Politburo. According to the provisions of labor law, employee organizations at enterprises can be established in enterprises under the system under the management of provincial and municipal labor federations or central industry trade unions and equivalent. Therefore, it is recommended to supplement the authority of the central and equivalent industry trade unions in recognizing the organization of workers at enterprises to join the Vietnam Trade Union to ensure unity and synchronization in the direction of the entire trade union system, helping the organization of workers at enterprises have the right to choose the local trade union or the industry trade union and equivalent to join. In reality, there will be an organization of workers at enterprises operating in the industry trade union; this organization wants to join the Vietnam Trade Union in this industry, if the dossier is sent to the provincial or municipal labor federation for appraisal, the industry trade union's right to appraise to allow membership will be taken away.

In addition, if only the recognition authority is prescribed for the Labor Federation of provinces and centrally-run cities, it may lead to the view that the right to join the industry trade union of the organization of workers at the enterprise is restricted.

Quoc Huong

Source: https://baothanhhoa.vn/dbqh-vo-manh-son-doan-dbqh-thanh-hoa-gop-y-ve-du-thao-luat-cong-doan-sua-doi-228486.htm