The Decree 43/2013/nd-Cp: Detailing The Implementation Of Article 10 Of The Law On Trade Union Rights, The Responsibility Of Unions In Representing, Protecting Rights, Legitimate Interests Of Legitimate People, ...

Original Language Title: Nghị định 43/2013/NĐ-CP: Quy định chi tiết thi hành Điều 10 của Luật Công đoàn về quyền, trách nhiệm của công đoàn trong việc đại diện, bảo vệ quyền, lợi ích hợp pháp, chính đáng của người ...

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The DECREE detailing implementation of article 10 of the law on trade union rights, the responsibility of unions in representing, protecting rights, legitimate interests of legitimate workers, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law the Union on June 20, 2012;
According to the recommendation of the Minister of labor, invalids and Social Affairs;
After the reunification with the Vietnam General Confederation of labor, the Government issued a decree detailing implementation of article 10 of the law on trade union rights, the responsibility of unions in representing, protecting rights, legitimate interests, legitimate workers, article 1. Scope of this Decree stipulates the rights, the responsibility of unions in representing, protecting rights, legitimate interests, legitimate workers.
Article 2. Application object 1. Union organizations level in the system of the Union as defined in article 7 of the law on trade unions.
2. Public officials, officers, and employees (collectively, the workers).
3. The unit of employers, agencies and organizations related to the implementation of the right, the responsibility of unions in representing, protecting rights, legitimate interests, legitimate workers.
Article 3. Rights, responsibility of unions in the Guide and advise workers on rights, obligations of employees when concluding, implementing the labor contract, the contract work with the unit using the labor base in the unit of employers have rights, responsibilities , advice for workers on the following issues: 1. Forms, guidelines, types of contract, the content of the contract, the rights and obligations of the parties regarding the provision of information, time trial, training time and the issues involved when labor contracts, contracts of employment;
2. The obligation to perform the work under the contract, sequence, procedure, rights and obligations of the parties in the case of the transfer of workers to do other work, the case of deferment, you return time expired workers postponed the implementation of the labor contract, the contract of employment;
3. The sequence, procedure and policy regimes for employees when incurred to modify, Supplement, termination of labor contracts, contract work.
Article 4. Rights, responsibility of unions in representing workers in collective bargaining, signing and monitoring of the implementation of the collective labour agreement 1. The Union at the enterprise, agency, employer organizations working under employment contract have the right to, the following responsibilities: a) collect information, gather recommendations, content suggestions relevant to the legitimate interests, the worker's justifiable; ask the employer in the collective bargaining in the enterprise, agency or organisation;
b) representative who negotiated labor, sign collective labor agreements; modifying, supplementing, extending the term of the collective labour agreement under the provisions of the law on labour;
c) common collective labor agreement to workers; monitoring the implementation of collective labor agreements in the enterprise, agency or organisation; ask the employer to enforce the right of collective labour agreements; order to solve the labor dispute when the collective employers make incomplete or violation of the collective labour agreement under the provisions of the labour legislation.
2. industry Union implementing rights, responsible trade union as the basis of the provisions in paragraph 1 of this article in representing workers in collective bargaining, signing and monitoring of the implementation of the collective labour agreement in the industry.
Article 5. Rights, responsibility of unions in engaging with employers to build and monitor the implementation of the salary scale, payroll, labor norms, regulations, bylaws, rules and Labor-Union base in the unit of employers have the right to, the following responsibilities : 1. Organize ideas, General comments of workers, involved in writing with the employer in the construction, issued, modified, supplemented the salary scale, payroll, labor norms, regulation, regulation, labor regulations under the provisions of the law on labour;
2. Organize monitoring of the implementation of the salary scale, payroll, labor norms, regulation, regulation, labor regulations; recommendations to the employers of content edits, additional ladders, wages, payroll, labor norms, regulation, regulation, labor regulations.
Article 6. Rights, responsibility of the Union in dialogue with employers to tackle the issues related to the rights and obligations of Union workers in the unit of employers have the right to, the following responsibilities: 1. Collect information, gather recommendations content proposals, having regard to the legitimate interests, the worker's justifiable; ask the employers organized dialogue at work under the provisions of the law on labour;
2. Conducting periodic or extraordinary dialogue with the employers; coordinate with employers held workers Conference, the Conference civil servants in accordance with the law;
3. Monitoring of the implementation of the resolution of the labor Conference, Conference resolutions servants, the agreement achieved through dialogue in the workplace and the democratic rules in the base under the provisions of the law.
Article 7. Rights, responsibility of unions in organizing legal consulting activity for Union workers the right to organize, the responsibility to advise employees of the content to the provisions of the labour legislation, the law on civil servants, social insurance, health insurance the Union and other legislation, having regard to the legitimate rights and interests of workers, through the activities of the Trade Union level.
Article 8. Rights, responsibility of unions in engaging with agencies, organizations and individuals who have authority to settle the labor dispute 1. Base unions have the right to request in writing to the Agency, organization or individual has the authority to resolve labour dispute guarantee the correct sequence, the procedure prescribed by law.
2. The Union base is responsible for the following: a) Guide and support employees resolve personal labor disputes when employees request; workers ' representatives participate in the process of resolving individual labor dispute when authorized workers;
b) participated in the session of the labor disputes of individual labor mediator as requested.
3. superior Union is responsible for the following: a) join with agencies, organizations and individuals who are competent in resolving collective labour disputes under the provisions of the law on labour;
b) supporting Union rights basis, responsibility according to the provisions in paragraph 2 of this Article.
Article 9. Rights, responsibility of unions in the recommendations to the Organization, the competent State agencies consider, resolve when the rights, legitimate interests, collective labor's justifiable or compromised their workers 1. The Union at the enterprise, agency, employer organizations working under employment contract have the right to, the following responsibilities: a) recommendations with the competent State authorities and Union level on review, resolve when the rights, legitimate interests, legitimate or labour collective of workers being violated;
b) conducted negotiations with the employers to resolve when the rights, legitimate interests, collective labor's legitimate infringed upon the request of the competent State authorities and Union level above; implementation of labor dispute resolution provisions of collective labour law.
2. The Union base at the Agency, the administrative unit, the career of the right, the following responsibilities: a) recommendations to the head of the Agency, the review unit, resolved when the rights, legitimate interests, legitimate or labour collective of workers being violated;
b) recommendations with the competent State authorities and Union level on the review, when does not accept the decision of the head of the agency or unit, or expiry of the regulation that the head of the Agency, the unit has not yet addressed the requirements of rights, legitimate interests of legitimate, collective labor.
Article 10. Rights, responsibility of unions in representing the collective workers to sue in court when the rights, legitimate interests, collective labor's legitimate being violated; representatives for workers to sue in court when the rights, legitimate interests of legitimate workers, compromised and are authorized Workers Union based in the unit of employers have the right to, the following responsibilities: 1. collective representing workers to sue in court when the right legitimate interests, legitimate, the collective labor of being violated under the provisions of the law;
2. Representing workers suing out of court if the employee authorized to resolve individual labor disputes in accordance with the law.
Article 11. Rights, responsibility of unions in representing a collective of workers and employees to participate in the proceedings in the case of labour, administrative, bankrupting the Union base in the unit of employers have the right to, the following responsibilities: 1. To represent workers in collective proceedings in the case of labour administrative, bankruptcy, under the provisions of the law to protect the rights, legitimate interests of legitimate, the collective of workers;
2. workers ' representatives participating in the proceedings if the employees authorized to protect the rights, legitimate interests of legitimate workers, in the case of labour, administrative, bankruptcy in accordance with the law.
Article 12. Rights, responsibility of unions in the Organization and leadership of the strike the Union base at enterprises, organizations of employers working under employment contract have the right to, the following responsibilities: 1. Take the opinion of labor collective to strike under provisions of the law on labour;
2. The decision to strike and announced the beginning of the strike;
3. Withdraw the decision to strike if no strike;

4. Proceed to strike provisions of labor legislation;
5. Implementing rules about not being on strike, postpone, stop the strike according to the provisions of the law on labour;
6. Asks the Court to declare the strike is legal under the provisions of the law.
Article 13. Rights, responsibility of the Union level on the basis of direct representation, protection of rights, legitimate interests, legitimate Union workers granted on basis of rights directly, the following responsibilities: 1. Make the right, the responsibility of the Union the basis stipulated in article 3, 4, 5 , 6, 8, 9, 10, 11 and 12 of this Decree in places not yet established grassroots union organizations when employees in that request;
2. Union support base done right, responsible under the provisions in this Decree.
Article 14. Rights, responsibility of the superior Union 1. Vietnam General Confederation of labor based on function, mission, organizational structure of the Union stipulated in the Charter of Union Union guide Vietnam levels done right, responsible for the representation, rights protection, legal, benefits for workers under the provisions of this Decree.
2. provincial unions, Central sector unions have a responsibility to guide and support the Union level on the basis of direct labor Union base, done right, responsible for the representation, rights protection, legal, benefits for workers under the provisions of this Decree.
Article 15. The responsibilities of employers, agencies, organizations and individuals concerned the unit of employers, organizations representing the employers, agencies, individual organization concerned is responsible for providing information, coordinating, creating conditions favorable to Union levels done right , responsible for the representation, protection of rights, legitimate interests of legitimate workers, the provisions of this Decree.
Article 16. Effect 1. The Decree has effect from 1 July 2013.
2. Decree No. 133/dated 20 April 1991 of the Council of Ministers on guiding the implementation of Union law, and Decree No. 302, dated August 19, 1992 of the Council of Ministers on the rights, responsibilities of trade unions in enterprises, the Agency expired from the date of this Decree takes effect.
Article 17. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.