Circular 14/2014/tt-Bqp: Regulations Implementing Rights, Responsibility Of Unions In Representing, Protecting Rights, Legitimate Interests, Legitimate Union Members, Employees, Labor Defense

Original Language Title: Thông tư 14/2014/TT-BQP: Quy định thực hiện quyền, trách nhiệm của công đoàn trong việc đại diện, bảo vệ quyền, lợi ích hợp pháp, chính đáng của đoàn viên, công nhân viên chức, lao động quốc ph

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DEFENSE MINISTRY
Number: 14 /2014/TT-BQP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, April 15, 2014

IT ' S SMART

Q The intention to exercise power, the responsibility of the union.

representative, protection of rights, legitimate interests, politicians,

Officer workers, defense workers, and managers.

the agency, the unit, the business in the Army

________________

Union Law School in 2012;

Base of Protocol 43 /2013/NĐ-CP 10 May 2013 of the Government rules out the implementation of Article 10 of the Trade union Act, the responsibility of the union in representation, protection of rights, legitimate interests, and the legitimacy of the labourers;

Base of Protocol 200 /2013/NĐ-CP November 26, 2013 by the Government Regulation the implementation of Article 11 of the Law of Trade in Rights, the responsibility of the union in the participation of state management, economic management-the society;

Base of Protocol 35 /2013/ND-CP April 22, 2013 by the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Defense;

On the recommendation of the President of the Political Bureau;

The Minister of Defense regulates exercise rights, the responsibility of the union in representation, protection of the right, legitimate interests, the government 's own right, the officer' s workers, defense workers and participating in agency management, unit, business in the country. Army.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This provision provides for the implementation of the rights, the responsibility of the union within the representative, the protection of the right, the legitimate interests, the legitimate union members, the public office workers, defense workers and the union involved in the management of the agency, the unit, the unit. Public office in the Ministry of Defense, Army Enterprise.

What? 2. Subject applies

This information applies to the agency, the unit (where the union organization), the public career unit of the Ministry of Defence, the business in the Army and the organizations, the individual is involved in the exercise of rights, legitimate interests, the government ' s own. Unions, employees, defense workers (the latter being written as a member of the company, civil service workers, defense workers); rights, responsibilities of the grassroots union in the participation of agency, unit, military enterprise.

What? 3. Form of agency management, unit, business and business.

The grassroots union organization involved the agency, unit, business in accordance with the following forms:

1. Participate in written opinion with the organization, agency, unit, business of content-related content, legitimate interests, the members ' own right, the employee of the office, the defence labor.

2. Attend to meetings, conferences, seminars relating to the right, legitimate interests, the members themselves, the officer's workers, defense workers, agencies, units, and businesses.

3. Attend as a member of the Committee, Council and Joint Coordination Organizations established by the agencies, units and businesses to participate in solving the problems associated with the right, legitimate interests, the members themselves, the workers themselves, and the public. The office, the defense labor.

What? 4. Coordination Principles

1. The relevant organizations, agencies, units and businesses are responsible for coordinating with the organization of construction facilities and the organization implementing the work coordination process on the contents of the union. The annual term organization summup, evaluating activities coordination of the parties and building programs, joint work plans.

2. Head of the agency, the head of the business 's head of business, the authorities, the public organizations in the unit respect for the establishment, accession and union activities of the cadres, the officer' s public, defence labor under the Regulation Regulation. The Vietnam Corps of Vietnam; admitted the organization was established and facilitated the organization of the operational base union.

3. The grassroots union coordinated with the authorities, the agency chief, the unit, head of the business education business of athletes, employee workers, defense workers rounding up labor obligations, completing the charge, the assignment to be delivered, the company said. The party, the party, the government, the regulation of the Department of Defense, the rules, the rules of the business, the agency, the unit.

Chapter II

THE RIGHT, THE UNION ' S RESPONSIBILITY TO REPRESENT

PROTECTING THE LEGITIMATE LEGAL RIGHTS OF THE CARAVAN.

YUAN, EMPLOYEE WORKER, DEFENSE WORKER

What? 5. Rights, the responsibility of the base union in Army business

1. Guide, consultant to union crew, labor defense workers at the business (in the following business) on the right to the right, the duty of the labourers upon the intersection, the implementation of the labor contract, the working contract. with the business of using labor, including:

a) The form, principle, the type of contract, the contract content, the rights and obligations of the parties to the provision of information, the time of trial, the time of exercise pursuits from Article 15 to Article 29 of the Labor Code. Relevant issues when the contract of labor contracts, the contract to work as: The time of work, time of rest, labor conditions; payroll, pay, pay for workers according to the regulation of the State and the Department of Defense; wages to pay for. Implementing Social Insurance, Health Insurance, Insurance Insurance under the guidelines of Vietnam Social Insurance, Defense Department Social Insurance.

b) The obligation to perform work under contract, sequence, procedure, rights and obligations of the parties in the case of transfer of workers to other jobs, the cases of adjourn, the recipient of the worker over the expiration of the labour contract. dynamic, the contract works by regulation at Article 30, 31, 32, 33 of the Labor Code.

c) The sequence, procedure, and policy modes for the worker when there is a modified, complementary, termination of the labour contract, the contract to work under the regulation at Articles 35 to Article 49 of the Labor Code.

2. Representative for collective bargaining, signing and overseeing the implementation of the collective labor agreement.

a) Colleming information, gathering petitions, proposing content that is relevant to the implementation of the collective labor agreement; ask for the director, general manager at the business (then collectively known as the head of the business) collective bargaining in the business. Oh,

b) The collective bargaining worker's collective, the signing of the collective labor agreement; the amendment, the addition, the extension of the collective labor agreement by the regulation of the law on labor.

c) Prussia turned the collective labor agreement to the worker, overseeing the implementation of the collective labor agreement in the enterprise; requiring the head of the business to enforce the collective labor agreement; the request to resolve the collective labor dispute when it comes to work. The head of the business is not fully or violated the collective labor agreement under the law of labor law.

3. Participate in the construction and supervision of wage practices, payroll, labor levels, payroll regulation, reward rules, labor-based labor regulations, and the Ministry of Defence.

a) Organization for opinion, aggregation of workers ' opinions; written participation with the head of the business in the construction, payroll of salaries, payroll, labor levels, payroll, reward, and labor regulations. of labor law.

b) The organization oversees the implementation of salaries, payroll, labor levels, payroll, reward, labor, labor, labor, labor, labor, labor, and employment. Salary, reward, labor.

4. Participate in the construction and implementation of the democratic process at the facility and engage in dialogue with the head of the business to address issues related to the rights and obligations of the worker.

a) Gather information, gathering petitions, proposing content that is relevant to the implementation of the democratic process at the facility; ask the head of the business to establish a construction board, enact democracy at the facility and organize the dialogue in accordance with its provisions. the law,

b) Coordinated with the head of the business to build dialogue rules, the statute of organization of the Labour People's Conference at the business. Conduct a periodic or groundbreaking dialogue with the head of the business and organization of the Labour Conference on the provisions of the law.

c) To oversee the implementation of democratic rule in the facility, the Labour Conference Resolution, the agreements reached through dialogue at work under the rule of law.

5. The organization operates legislation for labourers prescribed by the Labor Code, Inspectoring Law, Trade Union Law, Social Insurance Law; Health Insurance, Unemployment Insurance and Relevant Regulations, Legal benefits, and Social Security. It ' s the work of the worker through operations in the grassroots union.

6. Participate with the agency, the organization, the individual with the authority to resolve the labor dispute.

a) The grassroots union has the right to ask for the Labour Reconciliation, the Labour arbiter council, the employment governing body, the head of the business to resolve the collective labor dispute that guarantees the right sequence, the procedure by law.

b) The guide, assisting workers resolve the dispute of personal labor as the worker demands; representing the worker to participate in the process of solving the individual labor dispute when being authorized by the worker; the delegate to participate in the sessions. The meeting of the workers ' private labor dispute at the request.

7. Petition with the agency, the organization has the authority to review, address when the right, legitimate interests, the legitimate collective labor or of the worker who are violated in some of the following content:

a) A petition with the governing body of labor and political authority (unions) on the review, participation in the settlement when the right, legitimate interests, the correct work of the collective labour or of the labourers is violated.

b) Progress on negotiation with the head of the business to address when the right, legitimate interest, the legitimate entity of the labour collective violated at the request of the governing body of labor and political authority (union) superiors; the implementation of the settlement. The labor dispute follows the law of labor law.

8. Representative to the collective of workers and workers (when authorized by the worker) to sue in court when the right, legitimate interests, the legitimate authorities ' collective and the worker being violated and when the trespassing has suggested but not yet. was settled by the head of the business of business or unsatisfactory settlement.

9. Representative for the collective worker and worker who participate in the proceedings in the labor case, administrative, bankruptcy bankruptcy in some of the following content:

a) That represents the collective of workers to participate in litigation in labor cases, administrative, bankruptcy, and bankruptcy by law to protect rights, legitimate interests, and the legitimacy of the worker's collective;

b) represents the worker to participate in proceedings if authorised by the labourers to protect the right, the legitimate legitimate interests of the labourers in the labor, administrative cases, bankruptcy as prescribed by the law.

What? 6. Rights, the responsibility of the grassroots union in the agency, the Army unit of salaries from the National Defense budget

1. The petition with the agency chief, the review unit, address when the right, the legitimate interest, the government 's own right, the officer' s public, the defense labor is violated.

2. The petition with the agency chief, unit and political body (union) ranks on the review, addressing when not accepting the decision of the agency chief, unit or expiration of the regulation deadline by which the head of the head, agency, has not resolved the request for comment. the right, the legitimate interests, the members themselves, the employees, the defense workers.

Chapter III

THE UNION IS INVOLVED IN ORGAN MANAGEMENT,

THE BUSINESS UNIT IN THE MILITARY

What? 7. Rights, the responsibility of the grassroots union in joining the management in Army enterprises.

1. Participate with the head of the business in the buildup of the internal, statute, regulation of the business; propaganda, education, advocacy of workers implementing law policy, implementing collective labor agreements and rights, legal benefits, and employment. France, it is relevant to the worker to stabilize and develop the business.

2. Participate with the head of the business that imples the application of science, technology, engineering, labor protection; construction of the standards of conduct of labor safety assurance, labor hygiene, occupational disease prevention, industrial hygiene, environmental protection and environmental protection. School in the workplace, the operations of the sanitation safety network.

3. Check out the Labour Protection Act, environmental protection; when the workplace is found to have a dangerous sign to the worker, there is a right to ask the person responsible for the immediate safety measure, including the cessation of operations (if necessary). There is a need for a state agency, the right to require a state agency, a military authority or court to handle the person responsible for a labor accident under the rule of law.

4. Participate with the head of the business and the authorities with the same level of resolution promptly upon the complaints, whistled by the worker in accordance with the provisions of the French law and of the Ministry of Defense.

5. Participate with the head of the business assurance business, enhance the income of life and guarantee work conditions; implement the organization and operation regulations of the People 's Inspecship Board at the business under the Department of Defense' s Bar and Regulation Law. In case, building a stable and progressive labor relationship in the business.

6. Participate in the council of judges and resolve issues related to the right, the legitimate legitimate interests of the labourers by the rule of law (the wage council; the race board, commendation; the council addressing the regimes, the policy that benefits). In connection with the worker ...

7. Coordinate with the head of the business organizing the race competition and implementation of democratic rule in the business as defined by the law and of the Ministry of Defense.

What? 8. Rights, the responsibility of the grassroots union in engagement, agency management, the Army unit of salaries from the National Defense budget

1. Coordination of the construction of the relationship union of the base union with the chief of the agency, unit; organization for the delegation, employee of officials, defense workers involved building legislation and implementation of the program, work plan; education, propaganda, and more. It is a common law; the competition's patriotic competition movement, public office workers, and defense workers.

2. Participate with the agency chief, unit:

a) Organization, reform of working and administrative procedures aimed at improving the quality, efficiency of the work; along with the settlement of the complaint, the prosecution of the company, the workers, as defined by the law and of the Army.

b) Improving the working conditions; construction of a friendly, harmonable work environment in the agency, unit; good implementation of the grassroots democracy.

c) Performing the application of science, technology, labor protection techniques; construction of safety code standards, labor hygiene, occupational disease prevention, industrial hygiene, environmental protection at work. The inspection performed the safety of labor, sanitation at work, detection, timely petition with the chief of the agency, unit, or person responsible for timely settlement of regulation.

3. Participate in meetings, assemblies, addressing issues related to the policy regime, the rights of the unionitary, worker workers, defense workers at the agency, the unit.

Chapter IV

SECURE THE OPERATION OF THE UNION.

What? 9. Secure the organization, cadre

1. The union is secured on the organization and the number of cadres to perform the function, the prescribed power mandate.

2. Based on the mission requirements of each base union and the number of unionships, the worker labor officer; the agency, the unit, the business is responsible for the deployment of the specialized union officer or/or the right to fit the task force. Units, businesses.

What? 10. Secure the conditions of union activities

1. Agency, unit, business is responsible for ensuring headquarters, workplaces, providing necessary means for operating unions (items, travel vehicles, information, contacts, stationing offices etc.) in accordance with the conditions of each agency, unit, business, etc., etc. enterprise; facilitalation to the board of the facility and the assigned company to complete the task.

2. For the chairman and vice president of the grassroots union used: 24 hours of work for 1 month. For the committee to approve the grassroots union, the chairman, the vice president of the member base union, the division union and the organization, the company's organization was used: 12 hours of work for 1 month. In addition to the nature and level of each union's work, the head of the agency, the unit, the head of the business and the board of the company's board of the company agreed on the time to add guarantees to the efficient functioning union.

3. The union officer is not in charge of the provision of responsibility, subordinate-and-term qualifications of the Ministry of Defence and of the Vietnam Labor Federation; being rested from work to attend the meeting, the company ' s training exercise, the agencies on millions. sets, payable and allowable allowable subterms, units, businesses. The duration of the union mission is calculated as the time to carry out a professional task.

4. The Corps of Public Affairs is handled by the union, unit, business guarantees rights and collective welfare such as cadres, unions, employees, defence workers in the agency, unit, business.

5. The forced employment, the assignment, the transfer of work or expiration of the contract deadline; the termination of the labor contract for the union cadres executed under Article 25 of the Trade of Trade unions.

What? 11. The participation of management, use, inspection, financial oversight, union assets:

Participation in management, use, inspection, financial oversight, corporate assets are in accordance with regulations at Articles 26, 27, 28 and 29 unions.

Chapter V.

ORGANIZATIONAL RESPONSIBILITY

What? 12. The responsibility of the commander of the head of the Defense Ministry

1. Directed the agencies, units of the right to follow the provisions of the law on the content involved in the responsibility of the union organization, the delegation, the officer worker, the defence labour; the guarantee, the support, facilitalization of the union. operation.

2. Command the agencies, the unit of the right to conduct inspectors, inspect, monitor and process conduct, violate the law of the union. The union demands that the union be involved in the relevant fields directly to the union organization, the rights, the obligations of the delegation, the officer's workers, the defence labour within the unit.

What? 13. The responsibility of the authorities of the Ministry of Defense

The functional body of the Ministry of Defense, the General Staff, the Political Bureau, the Directorate General of Engineering has a responsibility to coordinate with the National Council of Defence to implement regulatory content that is relevant to the task function of the industry. the law, of the Ministry of Defense of the union.

What? 14. The responsibility of the National Defense Board

1. Participate in consultation with the authorities of the Ministry of Defense, the General Staff, the Political Directorate, the General Directorate of Engineering into the construction of legal documents; regime, labor policy, wages, bonuses, labor protection, safety and security. labor, labor hygiene, social insurance, health insurance, unemployment insurance and other regimes, other policies that are associated with the right, legitimate interests, the government's own, and the staff, the public office worker.

2. Join the authorities to implement propaganda forms, disseminness, education of law, advocacy of the union, worker workers, defense workers implementing law policy; examination, monitoring of the implementation of the regimes, the government, and the United States. book is relevant to the right, the legitimate legitimate interests of the caravan, the public officer, the defense labor, the regulation of the law and the Ministry of Defense.

3. Participate in the interdisciplinary organization of the Ministry of Defense on matters relating to the right, legitimate interests, the members themselves, the officer's workers, the defence labor in the Army is right with the rule of law.

4. Guide, support, legal advice on unions; coordination with agencies, the unit that performs well the regulatory content of the Labor Code, Trade Union Law, Ombudlaw Law, Social Insurance, Health Insurance, Unemployment Insurance and the Ministry of Nations ' texts. The office is connected to the right, the legitimate interests, the members themselves, the employees, the office workers, the defense workers.

5. Participate with the labor management authorities addressing labor disputes under the law of labor law. Support and examination of the right, the responsibility of the grassroots union in resolving the labor dispute under paragraph 6 Article 5 This message.

6. Check out the execution of the Trade Union Law, other laws that are content related to the union organization, the delegation, the officer ' s public, the defence labor and the information content. Reception, aggregation of the derivatives of the units during the course of the process, report the National Bureau of Defense Policy to be modified, supplemated.

What? 15. The responsibility of the political agency (union) leads the defense of the Ministry of Defense

1. Participate with the authorities on the implementation of matters relating to the state's policy regime, the Army, the unit for the delegation, the officer ' s worker, the defence labour within the management unit range.

2. Participate in, in coordination with the authorities in educating, propagation, disseminology of law to the delegation, worker workers, defense workers; agency advocacy, unit, enterprise carrying out the application of science, technology, protecoration techniques. labor; construction of standards, safety regulations, labor sanitation, labor accident prevention, occupational diseases, industrial hygiene, environmental protection.

3. Coordinate the direction agencies, the direction of implementing the basis of the grassroots democracy in the organization, the agency, the unit, the business. Organization of the country's patriotic competition movement, employee workers, and defense workers within the management range, directed.

4. Join the committees, board the same table on the content that is relevant to the regime's policy regime, the legitimate interests, the members themselves, the officer's workers, the defence labor as the law.

5. Participate with the authorities for protection of the right, legitimate interests, the labour itself of the labourers in the unfounded areas of the grassroots union when asked by the labourers; examine the situation of the organization and the grassroots union activities. implement the right, the responsibility of the grassroots union by regulation at this Smart.

6. The organization operates legal counsel for the delegation, the officer ' s workers, defence labor of the regulatory content of the Labor Code, Trade Union Law, Ombudlaw Law, Social Insurance Law, Health Insurance, other laws that are related to the right, benefits and benefits. The legal, legitimate worker through operations at the unions. Co-ordination with the authorities resolve the labor dispute under the regulation of the law on labor. Grant assistance, the responsibility of the grassroots union in resolving the labor dispute pursues to 7 Article 5 of this Information.

What? 16. The responsibility of the agency chief, unit, head of business

1. In charge of the transfer of the propaganda, education for cadres, soldiers, staff members, officials, defence workers, and strict approval of the provisions of the Company Law and the content of this information.

2. Coordinate with the union that performs the function, the right, the responsibility of the unit chief minister and the head of the business under the rule of law. Exercise the rights of the labourers in the establishment, accession and union activities. Co-ordination with the organization of the construction facility, enacted and implemented the operational coordination statute, facilitrits the basis for the company to exercise power, responsibility under the rule of law.

3. Exchange, fully supply, accurate, timely information regarding the organization, operation of the agency, organization, business pursuits to the rule of law when the union offers. United with the grassroots union before deciding on matters concerning the right, the duty of the labourers. Co-ordination with the grassroots union organizing dialogue, negotiation, signing, implementation of the collective labor agreement, the democratic rule of democracy; the settlement of labor disputes and the problems associated with the implementation of the labor law.

4. Assuring the union to exercise the right, responsibility, in the representation, protection of rights, legitimate interests, the legitimacy of the delegation, the public officer, defense and the right, the responsibility of the union in the management of the agency, the unit, business in the Army.

Chapter VI

EXECUTION CLAUSE

What? 17.

It has been in effect since 31 June 2014 and replaced the Department of Defense 261 /QP on 23 January 1994 of the Ministry of Defence in the direction of the implementation of the rights and responsibilities of the facilities union in the enterprise, unit, defense agency.

What? 18.

President of the Political Bureau; leadership, command of agencies, units, businesses in the Ministry of Defense are responsible for organizing this private practice.

KT. MINISTER.
Chief.

(signed)

General Nguyen Cheng