Procedures for establishing a grassroots trade union at an enterprise

Article overview

Establish a grassroots trade union at the enterprise providing a stable working environment and protecting workers’ rights contributing to building harmonious labor relationships, strengthening cohesion and ensuring essential rights for workers. This process requires compliance with certain procedures. In the article below, Long Phan will provide specific information about establishing a grassroots union at an enterprise.

Process for establishing a grassroots trade union at an enterprise
Process for establishing a grassroots trade union at an enterprise

Conditions for establishing a grassroots trade union at an enterprise

The establishment of a grassroots trade union must meet specific conditions. Employees need to clearly understand the regulations on the minimum number of members. Trade unions must operate within the framework of the law.

Pursuant to Article 13 of Decision 174/QD-TLD 2020, a grassroots trade union is established when the following conditions are met:

  • Established in one or several legally operating employers,’
  • There are 05 or more union members or 05 workers who have voluntarily applied to join the Vietnam Trade Union.

Is it mandatory to have a grassroots union in an enterprise?

Pursuant to Article 6 of the Law on Trade Union 2012, it stipulates the principles of trade union organization and operation as follows:

  • Established on a voluntary basis of employees
  • Organized and operated according to the principle of democratic centralism
  • Comply with the Charter of Vietnam Trade Union
  • In accordance with the Party’s guidelines and policies and State laws.

Based on this regulation, there is no mandatory requirement for businesses to establish a union. Establishing a union is entirely voluntary and workers have the freedom to choose to join or not.

Establishing a grassroots trade union at the enterprise
Establishing a grassroots trade union at the enterprise

Process of establishing a Grassroots Trade Union

Application for recognition of Grassroots Trade Union

According to Clause 12.3, Section 12 of Instruction 03/HD-TLD 2020, within 15 working days from the end of the congress, the ban must prepare documents to submit to the superior union for consideration and recognition. Documents should include:

  • Document requesting recognition of union members, grassroots trade union and election results of executive committee, standing committee, inspection committee and positions of executive committee, union inspection committee.
  • List of union members and applications from workers to join the Vietnam Trade Union.
  • List of resumes of members of the executive committee, standing committee, and inspection committee of the grassroots trade union.
  • Minutes of the congress establishing the grassroots trade union.
  • Minutes of counting votes at the congress to establish the grassroots trade union and minutes of election at the executive board conference (if any).

Note:

  • When recognized by the superior trade union, the grassroots trade union executive committee carries out the procedures for engraving the seal; At the same time, organize activities according to the provisions of the Charter and Instructions for implementing the Charter of the Vietnam Trade Union; The instructions of the superior union and the operational plan were agreed upon at the conference to establish the grassroots union.

Establishment steps

According to Article 14 of the Trade Union Charter issued with Decision 174/QD-TLD in 2020, the process of establishing a grassroots trade union includes the following steps

  • Step 1: In places where there is no grassroots union, workers voluntarily set up a campaign committee to establish a grassroots union (referred to as the campaign committee).
  • Step 2: The Campaign Committee conducts propaganda, campaigns, and receives applications from workers to join the union.
  • Step 3: When there are enough conditions to establish a grassroots trade union or grassroots trade union according to regulations, the campaign committee will organize a congress to establish a grassroots trade union and grassroots trade union and register with the superior trade union according to decentralization. Subjects of gathering specified in Article 17 of the Trade Union Charter issued together with Decision 174/QD-TLD 2020.

The superior trade union reviews and recognizes the grassroots trade union and grassroots trade union.

  • Step 4: Activities of the executive committee of the grassroots trade union and grassroots trade union are carried out from the date of recognition decision of the superior trade union.
Procedures for establishing a grassroots trade union at an enterprise according to regulations
Procedures for establishing a grassroots trade union at an enterprise according to regulations

Consulting and supporting relevant regulations on establishing a grassroots trade union in Long Phan

Long Phan provides comprehensive consulting services on establishing grassroots trade unions, helping businesses and workers establish a strong trade union that operates effectively and complies with the law. And our consulting and support services include:

  • Consulting on conditions and procedures for establishing a grassroots trade union.
  • Drafting documents and related documents.
  • Instructions for organizing the founding congress.
  • Support registration with competent authorities.
  • Consulting on building operating regulations.
  • Training on grassroots trade union skills.
  • Solve problems during operations.

Establishing a grassroots union at an enterprise is an important step to ensure that workers’ rights and voices are protected by law. Customers who need consulting support regarding this process, please contact Long Phan via hotline 0906735386. Our team of experts will accompany you throughout the implementation process to protect the legitimate rights of employees at the enterprise.