CHAPTER XIII
Article 153.
1- Six months at the latest after this Labour Code takes effect
for the operating business where. no trade union Organisation has been set up and
also six months at the latest after a newly created business becomes op erational for
newly created businesses, the provincial federation of trade unions must set up a
provisional trade union Organisation at the business to represent and protect the rights
and interests of the labourers and the collective of labourers.
2- The opearations of the provisional trade unions shall he
defined by the Government in coordination with the Vietnam General Federation of Labour.
Article 154.
I-
Once a trade union is set up according to the Trade Union Law and the Trade Union Statute
the labour user must recognize it.
2- The labour user must closely cooperate with and create
favourable condition for the trade union to oprateaccording to the regulations of
the Labour Code and the Trade Union Law.
3- The labour user is not allowed to discriminate against a
labourer for his activitied in founding a trade union or joining a trade union or, his
trade union activities. Neither is he allowed to use economic measures and other measures
to interfere in the Organisation and activities of the trade union.
Article 155.
1. The Labour user has the responsibility to ensure the necessary working means for the activities of the trade union.
2 The labourer working half time for the trade union may use part
of his time during the working time to look after trade union work and still receives his
full pay from the labour user. This amount Of time shall depend on the size of the
business and on the agreement between the labour user and the executivie committee of the
local tradeunion but must not be fewer than three working day,
3- The full time trade union worker is paid by the trade union
fund but enjoys all benefitsincluding trade union benefits community benefits like any
other Labourer in the business depending on the statute of the business or the Collective
accord.
4- When the labour user decidesto dismiss or unilaterally
terminate the Labour contract with a Labourer who is a member of the executive committee
of the local trade union, he must have the consent of this committee. If the concerned
person is president of this committee he must have the consent of the trade union of a
higher level.
Article 156.
The Vietnam General Federation of labour and trade unions at all
levels shall join the State offices and representatives of the labour user in discussing
and settling questions concerning the labour relations. The General Ferderation and the
trade unions at all levels are entitled to set up service , agencies in employment
seeking, job teaching or training, mutual assistance, legal consultancy and community
welfare institutions for labourers, and other rights defied in the Trade Union Law and
this Code.
National Institute of Labour Protection of Vietnam-CIS/ILO Collaborating Center
Address: No 1. Yet Kieu Tel:8.250129 - 8.222949 Fax:(84.4) 8.246752 Email: NILP@Netnam.org.vn; VIBHLD@Netnam.vn