General regulations on union membership subjects according to Instruction 38/HD-TLĐ
According to Instruction 38, the subjects of union membership include Vietnamese workers working in organizations and enterprises that employ laborers. The basic condition is that the workers are voluntary, agree to comply with the Charter of the Vietnam Trade Union and are willing to participate in union activities. In addition, the Instruction also clearly stipulates cases that are not eligible for membership, including those who have seriously violated the law or have committed acts contrary to the common interests of the union organization.
The rights of union members are clearly emphasized: to have their legal rights protected, to participate in the development of collective labor agreements, to have their material and spiritual lives taken care of, and to receive training and professional development. This is accompanied by the obligation to comply with the Charter, participate in union activities and pay full union dues.
The procedure for joining a trade union, according to the new guidelines, is strictly regulated, ensuring publicity and transparency. Workers submit applications for membership, the grassroots trade union organization reviews and makes a decision on admission within a certain period of time.
Expanding the scope: Foreign workers are officially allowed to join the union.
An important new point of Instruction 38/HD-TLĐ is the permission for foreign workers to join trade unions. Specifically, foreign workers working in Vietnam under labor contracts with a term of 12 months or more are entitled to apply to join a trade union.
This regulation applies to both employees in enterprises of various economic types, as well as in representative offices of foreign organizations and non-governmental organizations operating legally in Vietnam. The expansion of the admission subjects is consistent with the reality of socio-economic development, when the number of foreign employees working in Vietnam is increasing, especially in fields with high technical factors or specialized management.
The significance of allowing foreign workers to join unions
Allowing foreign workers to join trade unions not only expands the scope of representation and protection of workers, but also contributes to affirming the pioneering role of trade unions in the context of deep international integration. When joining a trade union, foreign workers have more channels to protect their legitimate rights, access information on regimes and policies, and receive support in issues arising in labor relations.
For businesses, foreign workers joining trade unions helps establish an equal, transparent and law-abiding working environment. It also contributes to limiting labor disputes and building a more sustainable corporate culture.
In particular, legally, this provision also demonstrates Vietnam's commitment to implementing international labor standards, such as Convention 87 and Convention 98 of the International Labor Organization (ILO), which Vietnam has participated in.
Some notes when implementing foreign labor recruitment
The implementation of admitting foreign workers into the trade union requires trade union organizations at all levels to pay attention to a number of issues. First, it is necessary to check the labor contract to confirm that the working period is at least 12 months. The admission dossier must ensure that all necessary information and documents are complete, and it is necessary to support foreign workers to clearly understand the rights and obligations of union members in the appropriate language if necessary.
In addition, the grassroots trade union should also coordinate with the enterprise's human resources department to organize propaganda sessions to disseminate information about the rights and roles of the trade union, creating the most favorable conditions for foreign workers to participate and operate effectively.
Conclude
Allowing foreign workers to join trade unions under Instruction 38/HD-TLĐ is an important step forward in Vietnam's trade union activities, reflecting flexibility and initiative in the context of globalization. This is not only an expansion of representative objects but also demonstrates Vietnam's strong commitment to protecting workers' rights, regardless of nationality. Enterprises and organizations need to quickly update and properly implement regulations to ensure workers' rights and comply with current labor laws.
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