What role does the president of the trades union play in workplace?

I. The role of the President of the Trade Union 

The grassroots level president of the trade union serves as the head of the union organization within the enterprise, acting as a connection between employees and the employer. Their role goes beyond representing the legitimate voices and aspirations of employees; they are also proactive in protecting the lawful rights and interests of union members. They are responsible for organizing and managing union activities at the workplace, participating in collective bargaining, signing collective labor agreements, and overseeing the implementation of labor laws and policies within the organization.

II. Legal regulations on the President of the Trade Union

1. Who is the President of the Trade Union?

A president of the trade union is a person elected to hold the highest position within the union organization in the workplace, responsible for directing and organizing union activities, and legally and practically representing the union members.

2. When is it required to establish the Trade Union?

A grassroots trade union must be established when there are at least five union members in an enterprise, agency, or organization. The purpose of its establishment is to organize and unite employees to protect their rights, and build harmonious and progressive labor relations.

3. Where is the grassroots President of the Trade Union elected?

According to Clause 5, Article 12 of the Charter of the Vietnam Trade Union (issued together with Decision No. 174/QĐ-TLĐ in 2020), the grassroots trade union president is elected at the congress or conference of the grassroots trade union. The election must be conducted in accordance with the principles and procedures guided by the Presidium of the Vietnam General Confederation of Labour.
 

III. Questions about the President of the Trade Union

1. What are the general criteria to become the grassroots President of the Trade Union?

According to Guideline No. 28/HD-TLĐ in 2021, a grassroots trade union president must meet the following criteria:

- Possess strong political integrity, capability, enthusiasm, and dedication to union activities; have a reformist mindset, and take responsibility and credibility; be methodical, and able to unite and collect a large number of members, workers, and employees; and show determination in protecting the lawful rights and interests of union members and workers.

- Be in good health to fulfill assigned tasks; possess good morals and a healthy, honest, and modest lifestyle; demonstrate a strong stance against corruption and wastefulness; and not engage in or cover up corruption or wasteful practices.

2. What happens if the grassroots trade union president's labor contract expires during their term?

According to Article 177 of the Labor Code 2019, the employer is obliged to extend the labor contract until the end of the term for employees who are members of the leadership of the representative organization of workers at the workplace. This regulation ensures the continuity of union operations and prevents retaliation against union-active employees.

3. How is the grassroots President of the Trade Union elected?

The election is conducted at the grassroots trade union congress or conference. The process includes: nomination of candidates, feedback from union members, and voting by ballot in a democratic and transparent manner in accordance with the guidelines of the General Confederation. Election results must be recorded in minutes and officially recognized.

4. What rights and responsibilities does the President of the Trade Union have in protecting employees' rights?

The president has the right to represent members in negotiations, dispute resolution, and to petition government agencies and employers regarding the protection of lawful rights and interests of workers. Additionally, they are responsible for launching emulation movements, enhancing the spiritual life of workers, and providing legal assistance to members when necessary.

5. How is the election of the President of the Trade Union conducted at enterprises under the law?

The election must be democratic and direct, in compliance with the Charter of the Vietnam Trade Union and guidelines of the Vietnam General Confederation of Labour. The grassroots union executive committee organizes the union congress or conference to conduct the election.

Candidates for president are nominated publicly, either by the executive committee or by union members. Voting is conducted by ballot to ensure transparency and objectivity. A candidate must receive more than 50% of valid votes to be elected. The results must be publicly announced and reported to the immediate higher-level union.
 

6. Does the President of the Trade Union have the right to participate in collective bargaining and signing collective labor agreements?

The grassroots trade union president is the legal representative of employees in collective bargaining. They are responsible for collecting employees’ opinions, participating in negotiations with the employer, and signing collective labor agreements to ensure basic rights and improve working conditions and quality of life for employees.

IV. Legal consulting services regarding the President of the Trade Union 

To ensure that the President of the Trade Union operates in compliance with the law and to avoid potential legal risks, seeking support from professional legal consulting services is essential.
NPLAW provides comprehensive consulting services, including contract drafting, legal clarification, and procedural support. This all-around assistance helps clients save time and ensures that all transactions are conducted smoothly and legally.