VN re­views le­gal frame­work

Viet Nam News - - FRONT PAGE -

HCM CITY — Vieät Nam is re­view­ing the le­gal frame­work for the rat­i­fi­ca­tion of the ILO Con­ven­tion 98 on the Right to Or­gan­ise and Col­lec­tive Bar­gain­ing.

The rat­i­fi­ca­tion will be ex­pected to be submitted to the Na­tional As­sem­bly for ap­proval next year.

Speak­ing at a con­fer­ence on the is­sue held yes­ter­day in HCM City, Sarah Galeski, co-chair of the HR & Train­ing Sec­tor Com­mit­tee of EuroCham, said that Vieät Nam had re­cently rat­i­fied the Com­pre­hen­sive Pro­gres­sive Trans-Pa­cific Part­ner­ship (CPTPP) and the EU-Viet­nam Free Trade Agree­ment (EVFTA) is ex­pected to come into force next year.

“Both the CPTPP and EVFTA re­quire Vieät Nam to reaf­firm its com­mit­ments un­der the 1998 In­ter­na­tional Labour Or­gan­i­sa­tion (ILO) Dec­la­ra­tion on Fun­da­men­tal Prin­ci­ples and Rights at Work,” Galeski said.

Th­ese rights are gov­erned by ILO’s eight fun­da­men­tal con­ven­tions, three of which have not been rat­i­fied by Vieät Nam, in­clud­ing the ILO Con­ven­tion No.98 on col­lec­tive bar­gain­ing.

“How­ever, we un­der­stand that Vieät Nam in­tends to rat­ify the con­ven­tion within 2019,” she said.

Al­though the con­ven­tion has not been rat­i­fied, Vieät Nam’s cur­rent le­gal frame­work al­ready has many of th­ese key con­cepts, she said, adding that the re­vised Labour Code draft will fur­ther strengthen Vieät Nam’s im­ple­men­ta­tion of th­ese prin­ci­ples.

Un­der Ar­ti­cle 8.1 of the cur­rent Labour Code, em­ploy­ers are pro­hib­ited from dis­crim­i­nat­ing against em­ploy­ees on the ba­sis of the em­ployee’s join­ing or par­tic­i­pat­ing in a trade union.

Em­ploy­ers are also re­strained in the ter­mi­na­tion of labour con­tracts of em­ploy­ees who are also union of­fi­cers, she said.

“Th­ese pro­vi­sions al­ready re­flect the prin­ci­ple of the ILO Con­ven­tion No.98 that says that work­ers shall en­joy pro­tec­tion against acts of anti- union dis­crim­i­na­tion with re­spect to their em­ploy­ment,” Galeski added.

The draft Labour Code in­cludes de­tailed pro­vi­sions pro­hibit­ing dis­crim­i­na­tion and ha­rass­ment of trade union mem­bers, she said.

Viet­namese law for­bids em­ploy­ers from car­ry­ing out var­i­ous acts of in­ter­fer­ence with em­ploy­ees es­tab­lish­ing, join­ing or par­tic­i­pat­ing in a trade union.

More­over, the draft Labour Code in­tro­duces a new ap­proach to col­lec­tive bar­gain­ing which shifts the fo­cus from one ne­go­ti­a­tion ses­sion to an on­go­ing process, Galeski added.

“The rat­i­fi­ca­tion of ILO Con­ven­tion No. 98 will dem- on­strate Vieät Nam’s com­mit­ment to worker rights and pro­vide the EU Par­lia­ment with re­as­sur­ance that Vieät Nam will com­ply with its labour obli­ga­tions un­der the EVFTA,” she said.

Nguyeãn Vaên Bình, deputy head of the De­part­ment of Le­gal Af­fairs un­der the Min­istry of Labour, In­valids and So­cial Af­fairs, said the right of col­lec­tive bar­gain­ing is very im­por­tant be­cause it could af­fect col­lec­tive ben­e­fits.

If a trade union’s chair­man is sacked by em­ploy­ers, for ex­am­ple, this could “strip the rights of the whole trade union,” he said. “This is very se­ri­ous and needs crim­i­nal pun­ish­ment.” — VNS

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