Tiếng Việt
中文 (中国)
日本語
In a significant development of labor rights in Vietnam, the Vietnam General Confederation of Labor (VGCL) has proposed a draft of a revised law on trade unions that would extend trade union membership rights to foreign employees. This progressive amendment aims to replace the 2012 Law on Trade Unions and marks a substantial step towards the integration of international labor standards.
Key Eligibility Criteria
The draft law establishes specific criteria for foreign workers’ participation in trade unions:
- Must be citizens of foreign countries
- Currently employed in Vietnam
- Working under labor contracts with a minimum duration of 12 months
- Eligible for participation at the grassroots level
Scope and Limitations
While the proposed law significantly expands rights for foreign workers, it maintains certain restrictions:
- Foreign employees cannot serve as trade union representatives
- Article 4.5 of the draft explicitly requires trade union representatives to be Vietnamese citizens
The revised law substantially expands member rights beyond the seven existing rights in the 2012 Law. New rights include:
Authority to question trade union leadership:
- Can direct inquiries to the executive committee
- May question trade union president
Access to VGCL benefits:
- Welfare benefit policies
- Social housing access
- Lodging house rental opportunities
Recognition opportunities:
- Commendation for achievements in labor
- Rewards for production excellence
- Recognition for trade union activities
Additional rights as outlined in:
- Relevant laws
- Charter of the Vietnam Trade Union
The draft maintains key financial provisions while introducing flexibility:
- The contribution rate remains at 2% of the wage fund used for social insurance premium calculations
- New provisions for exemptions, reductions, or temporary postponements of trade union dues
- Specific criteria for financial relief measures
This proposed legislation represents a significant advancement in Vietnam’s labor laws, demonstrating the country’s commitment to creating an inclusive and equitable work environment for all employees, regardless of nationality.
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