Labor Unión of Vietnam Banks shall be the directly superior labor to foreign banks which have not established labor unión

Labor Unión of Vietnam Banks shall be the directly superior labor to foreign banks which have not established labor unión as per Letter No.417/CDNH

Post date: 23-07-2014

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Pursuant to Article 26 of Law on labor union 2012, Article 188 of Labor Codes 2012, Labor Charter of Vietnam and other related legal documents, Labor Union of Vietnam Banks is the directly superior labor union to foreign banks (FBs) which have not established the grass roots labor unions.

Labor Union of Vietnam Banks shall be the directly superior labor union to foreign banks which have not established the labor unions

Labor Union of Vietnam Banks shall be the directly superior labor union to foreign banks which have not established the labor unions

 

 By Letter No.417/CDNH dated 17 July 2014, Standing Board of Labor Union of Vietnam Banks shall direct aforesaid units to perform the following contents:

1. Implementation of democratic regimes in the foreign banks:

 To ensure democratic rights of employee in the foreign banks which have not established the grass roots labor union, Labor Union of Vietnam Banks shall be the directly superior labor union. 

 Pursuant to the Article 63, 64 of Labor Codes 2012, Decree 60/2013/ND-CP dated 19 June 2013 and Directive 451/CT-BCS, The foreign banks shall organize annual employee conference, vote a discussion team of each foreign bank as stipulated and make report given to Labor Union of Vietnam Banks.

2. Participating in the labor discipline:

 Pursuant to Article 123 of Labor Codes 2012 on principles and sequence for dealing with breach of labour discipline, Article 188 of Labor Codes, for protecting the legitimate and lawful rights and interests of employee and implementing the role of trade unions participating in dealing with breach of labour discipline in the foreign banks which have not established labor union unit, Standing Board of Vietnam Labor Union requests as follows:

 2.1 Time for sending invitation and documents:   
foreign banks shall send a invitation (or notice) and dossiers of labor discipline to Labor Union of Vietnam Banks at least 10 dates prior to the meeting date of labor discipline. 

 2.2 Dossiers of labor discipline includes:
 - Minutes of breach of labor discipline of employee, documents and evidences relating to the acts of breach of labor discipline.
 - A report (or self evaluation report) of employee breached labor discipline.
 - Opinions of employer on such breach of labor discipline    

 Standing Board of Labor Union of Vietnam Banks requests foreign banks to perform all requirements mentioned above so that Standing Board of Vietnam Labor Union shall review and send its representative or written opinions to foreign banks.

 If the grass roots labor union is established at foreing banks, the grass roots labor union shall perform aforesaid activities. Then Standing Board of Labor Union of Vietnam Banks requests foreign banks to establish their grass roots labor union early.

 Finally, there are three points to be noted by this Official Letter:
- Foreign banks must organized annual employee conference to discuss labor, business matters etc between employees and employer and report given to Labor Union of Vietnam Banks.
- Any case dealing with breach of labour discipline, foreign banks must invite Labor Union of Vietnam Banks at least 10 dates prior to the meeting date of labor discipline
- Foreign banks has not established labor union unit, the Standing Board of Labor Union of Vietnam Banks requests to participate in the labor union and establish a grass roots labor union early. 

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  • Nguyễn Thị Phương (10-11-2015) Reply
    Luật sư có thể cung cấp Công văn số 417/CĐNH ngày 17 tháng 7 năm 2014 của Công đoàn Ngân hàng Việt Nam không ạ?