Overview of Labor Union in Vietnam
From the year of 1996, the democratic labor union was set up and the rights of labors are protected until now. Not only the organizations, but also the registration of individuals is recognized. In order to share the conveniences of the laws for labor union, it is required to submit the regulations of labor union and lists of managers. If there is no response from labor union within two months, the labor union is recognized be registered. For the registration of labor union, it is required at least eight members will attend and there are more than three committee members to be appointed.
The rights of labor union are as follows.
・ The organization of employees and labor union can choose the represents optionally and make the regulation and rules in the scope of laws and public order.
・ All of the members of labor union can do the management and operations with the necessary conditions. And foreigners can also manage the labor union satisfied the conditions.
・ It is free to attend and secede from the labor union.
・ If the labor union satisfies the regulations, it is possible to obtain the personality of corporation. As a corporation, it has the right to accuse to the court and acquire the assets or properties. And it also has the right to make agreements with other parties.
・ When the labor union breaks up, it is possible to allocate the assets based on the regulations of labor union. If there is no regulations related the allocation for labor union, it is necessary to obey the regulations of national assembly.
Overview of Labor Law in Vietnam
The concerned laws for labor in Vietnam are Labor Law (1997), Law of Social Security (2002). The Labor Law regulates the relationship of employment, salary, holidays and other labor standards. In addition, there are other details provisions regulated by government ordination, habits laws or international labor organization.
In the case of the establishment of company, it is necessary to submit application to Labor Office before the date of opening. However, if the employees are not more than eight, it is recognized to submit application within 30 days from the date of opening.
In the case of closure of company, it is required to submit application to Labor Office before the date of closure.
The purpose of labor contract is to regulate and decide the employment conditions between labors and employers. It is applicable for all of the employees in the corporation. The following regulations are prohibited in details.
・ The regulations inconsistent with laws
・ The decline of salary without the regulations of labor laws
・ The regulations interfere with the rights of paid vacation
・ The regulations interfere with the rights of females
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