The DIRECTIVE on the activities of the Union-level participation in resolving labor disputes _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ since The labor law was enacted and in force to date, the Presidium of the TLĐLĐVN there were many text direction, asked the Union to deploy the level of work involved, under the responsibility of the unions brought Labor Laws to life; create positive transformation and development of the activities of the Union.
In the process of implementing The labor law, there is a real cause for concern is resolving the labor dispute also many obstacles and the collective labor dispute, strikes most took out not right with the sequence of procedures, content, request that the law has rules. This is a major issue related to the rights and responsibilities of unions because if not resolved, the strike, collective disputes leave bad consequences both in terms of economic, social and political.
Before that situation, the Presidium of the Vietnam General Confederation of labor Trade Union levels required focused resolve well some work related to the labor dispute, according to the content and the following requirements.
I. IN THE PROCESS INVOLVED TO RESOLVE THE LABOR DISPUTE TYPES (INDIVIDUAL, COLLECTIVE, STRIKE) MUST COMPLY WITH THE GENERAL PRINCIPLES AND ORDINANCES OF THE PROCEDURES TO RESOLVE THE LABOR DISPUTE.
1. direct negotiation and mediation between the two parties in dispute where the dispute arises;
2. Through conciliation, arbitration on the basis of respect for the rights and interests of both sides, respecting the general interests of the society and obey the law.
3. Solve the public, objective, timely, prompt and lawful.
4. The participation of representatives of the Union and the employer representative in the triònh settlement of the dispute.
5. Ensure the direction, leadership of the Union and of the party Commission level (for SOE);
6. Strive to achieve the highest results on the rights, legitimate interests for workers, trade union officials (both in terms of economic-social-democracy) in the specific conditions of each locality, the industry; both during and after the process of resolving labor disputes.
Settlement of the labor dispute must guarantee the legitimate interests of the parties and preserve, develop harmonious labor relations, stability.
7. Attach importance to preventive measures actively and focus to resolve the disputes arising from the base. The level of the Union, election officers must follow the basis, especially difficult places, places in labor relations are the problem, early measures, limiting the conflict led to the strike.
II. development of the UNION BASE in the BUSINESSES of ALL ECONOMIC SECTORS, CREATE LEGAL ENTITIES to PARTICIPATE in SOLVING the PROBLEM of LABOUR DISPUTE and STRIKE RIGHTS, BASED on the SPECIFIC CONTENT of GENERATION, the PROVISIONS of ARTICLE 3 of the DIRECTIVE NO. 4 CT/HOME ACTIVITY on 18/4/1996 of the PRESIDIUM "on what to DO IMMEDIATELY to ENFORCE the LABOR LAW "and" REGULATION on ORGANIZATION and OPERATION of the PROVISIONAL TRADE UNION ORGANIZATIONS "ATTACHED to DECISION 81/QD-HOME ACTIVITY, on 17/1/96 of the PRESIDENT of the FEDERATION of LĐVN.
III. ACTIVELY PREPARING, IN COOPERATION WITH THE RELEVANT ORGANIZATIONS TO PARTICIPATE IN THE ORGANIZATION ENSURE THE ENFORCEMENT OF LABOUR LAWS, FIRSTLY IN THE LABOR SETTLEMENT COUNCIL IN THE BASE, THE LABOUR ARBITRATION COUNCIL AND PROVINCIAL LABOUR TRIBUNALS.
1. Study the construction of new (or additional) Regulation to coordinate the work of the Union with the authorities (Department of labor Building, LĐTBXH-people's Court, the Procuratorate...), regulation of the work of the representatives be elected Trade Union participation in the organizations competent to resolve the labor dispute.
2. Layout the Union officers have enough level, ability and experience nominated to participate in the institutions competent to solve the labor dispute and subject tracking.
3. Has the plan, specific measures to ensure sufficient quantity, quality officers participate in organizations on, through the form of training, advanced training, to ensure the necessary conditions for information, media work, encourage the physical, spiritual encouragement for them to operate effectively , practical.
IV. COMPLETE ADDITIONAL DOCUMENTS, DOCUMENTS RELATED TO SOLVE LABOR DISPUTES.
1. the legal Committee of the General Federation of LĐVN continue to join with the State Agency built the text related to the labor dispute, on the basis of that text and, based on the functions and tasks of the Working Group for detailed instructions Union levels. The cultural ideology and strengthen advocacy work, fostering, enhancing knowledge and experience the work for the trade union officers are tasked to participate in resolving the labor dispute.
2. The province COLLABORATED, city, national trades unions based on the text of the State, on the instructions of the General Union of LĐVN and specific conditions to guide the lower levels in issues related to labor disputes.
3. The Union the DN needs reviewing, additional right of collective agreements still in force as the regulation coordinating the work between the Executive Board of the Union with the Director (the employers), collective labor agreement, CNVC Congress (for SOE) and other agreements, if applicable , about what content is relevant to labor disputes, especially the issue of strikes, collective disputes.
4/for the enterprise in an not be strike according to Decree 51/CP 28/8/1996 of the Government "about the resolve collective labor's requirements in the enterprise not to be on strike," Trade Union Committee of the ENTERPRISE based on this Decree and guidance of superior to build unions statute (or agreement) with the employer about specific conditions to resolve collective disputes arising in the business.
The Presidium of the Vietnam General Confederation of Labor asked the Standing Committee COLLABORATED the city, centrally, the National Trades Union, Union level directing, guiding and implementing this directive. In doing what's necessary to immediately report to the entanglements Of the Federation LĐVN know to solve right now.