December 28, 2022
In Vietnam, the ‘Trade union’ was the only organization dedicated to protecting employees’ legitimate rights and interests from the implementation of the first Labor Code in 1994 until the Labor Code of 2012 was enacted. Under the 2012 Labor Code, the term referring to trade unions was changed to “Representative organization of a grassroots-level employees’ collective”.  However, the essence of this organization remained and was defined as “the Executive committee of a grassroots trade union or the Executive committee of the immediate upper-level trade union in a non-unionized enterprise”.  As such, it could be said that it was old wine in a new bottle. The 2019 Labor Code revised the term to “Employees’ representative organizations at the grassroots level”, comprising grassroots trade unions and employees’ organizations at all enterprises.  Specifically, Article 3.3 of the 2019 Labor Code stipulates: “The employees’ representative organizations at the grassroots level means an internal organization voluntarily established by employees of an employer which protects the employees’ legitimate rights and interests in labor relations through collective bargaining or other methods prescribed by labor laws.  The employees’ representative organizations at the grassroots level comprise the grassroots trade union and the employees’ organization at enterprise-level.” Why was there a change to “the Employees’ Organization at Enterprise-level” from the previous Trade Union definition? In practice it was proven that the Trade Union had not been influential and could not competently perform its function as an independent representative organization for the rights and interests of employees because the Trade Union’s organizational structure and operational mechanism were still dependent on the enterprise. The leaders of the Grassroots Trade Unions remained employees of the enterprise and received wages and benefits from the...