Resolution No. 80/2019/QH14 accession to the ILO’s Convention No. 98

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ATTRIBUTE

Resolution No. 80/2019/QH14 dated June 14, 2019 of the National Assembly on accession to the International Labor Organization’s Convention No. 98 on application of the principles of the right to organize and collective bargaining
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:80/2019/QH14Signer:Nguyen Thi Kim Ngan
Type:ResolutionExpiry date:Updating
Issuing date:14/06/2019Effect status:
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Fields:Labor - Salary

SUMMARY

Not to dismiss employee for participating in union activities

On June 14, 2019, the National Assembly issues the Resolution No. 80/2019/QH14 on accession to the International Labor Organization’s Convention No. 98 on application of the principles of the right to organize and collective bargaining.

Accordingly, the National Assembly decide to accede the International Labor Organization’s Convention No. 98 on application of the principles of the right to organize and collective bargaining (below referred to as Convention No. 98), which was adopted by the General Conference of the International Labor Organization on July 1, 1949, in Geneva, Switzerland. Contents of the Convention shall be wholly apply.

As regulated in the Convention, an employee shall be protected from conduct that makes the employment of the employee subject to the condition that he or she cannot join a union or give up union membership; acts aimed at dismissing or abusing employee for that they are union members, participating in union activities offline or need the employer's consent during working time.

If necessary, the country must take appropriate measures to encourage and promote the development of voluntary bargaining arrangements between employers, employers 'organizations and employees' organizations to define terms and conditions of employment using a collective bargaining agreement.

This Resolution take effect on June 14, 2019. 
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Effect status: Known

THE NATIONAL ASSEMBLY

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 80/2019/QH14

 

 

 

RESOLUTION

On accession to the International Labor Organization’s Convention No. 98 on application of the principles of the right to organize and collective bargaining [1]

 

THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Law No. 108/2016/QH13 on Treaties;

At the proposal of the President in Report No. 01/TTr-CTN of April 12, 2019, on accession to the International Labor Organization’s Convention No. 98 on application of the principles of the right to organize and collective bargaining;

In consideration of the Government’s Explanatory Report No. 152/BC-CP of May 2, 2019, on accession to the International Labor Organization’s Convention No. 98 on application of the principles of the right to organize and collective bargaining; the National Assembly Committee for External Relations’ Appraisal Report No. 3586/BC-UBDN14 of May 24, 2019, and opinions of the National Assembly deputies,

RESOLVES:

Article 1. Accession to treaty

To accede to the International Labor Organization’s Convention No. 98 on application of the principles of the right to organize and collective bargaining (below referred to as Convention No. 98), which was adopted by the General Conference of the International Labor Organization on July 1, 1949, in Geneva, Switzerland. The full text of Convention No. 98 is provided in Appendix No. 01 to this resolution.

Article 2. Application of treaties

To wholly apply the contents of Convention No. 98.

Article 3. Organization of implementation of treaties

1. The Government, Supreme People’s Court, Supreme People’s Procuracy, Vietnam General Confederation of Labor and related organizations and agencies shall review according to their competence the provisions of Labor Code No. 10/2012/QH13 and other legal documents for revision thereof or promulgation of new ones or propose competent agencies to revise such Code and legal documents or promulgate new ones, ensuring the consistency and completion of the legal system and implementation of commitments to Convention No. 98.

2. The Prime Minister shall approve and direct related central and local agencies and organizations in organizing the implementation of the plan on implementation of Convention No. 98; and promptly and fully disseminate the contents of Convention No. 98 to create unanimity in the understanding and action of the political system, enterprises and citizens.

3. The Government shall direct related ministries and sectors in completing the registration procedures for accession to Convention No. 98 and determine effective time for Vietnam in accordance with the Convention’s provisions.

Article 4. Oversight of the implementation of the Resolution

The National Assembly, National Assembly Standing Committee, Committee for Ethnic Minority Affairs, and National Assembly Committees, deputies’ delegations and deputies shall, within the ambit of their tasks and powers, oversee the implementation of this Resolution.

This Resolution was adopted on June 14, 2019, by the 14th National Assembly of the Socialist Republic of Vietnam at its 7th session.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN


[1] Công Báo Nos 523-524 (6/7/2019)

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