I. Legal basis

• Article 10 of the 2013 Constitution
• Trade Union Law 2012

II. Issues related to Trade Unions

According to Article 10 of the 2013 Constitution, Trade Unions are organizations representing workers with the task of taking care of and protecting the legitimate rights and interests of workers and supporting workers to improve their qualifications and skills. professional skills in compliance with the law to jointly build and protect the Fatherland. A trade union can also be understood in a narrow sense as an organization that gathers union members in agencies, organizations, and enterprises to represent and exercise the rights and duties of a trade union.

Pursuant to the 2012 Trade Union Law, there are specific regulations on the functions of trade unions in labor relations as follows:

• “Represent and protect the legitimate rights and interests of union members and workers
• Support employees in signing labor contracts, advise on avoiding legal risks when not clearly understanding the contract content and violating it.
• Participate, sign, negotiate and monitor the implementation of collective labor agreements between employees and employers on the terms of the labor relationship.
• Trade unions participate in setting and monitoring pay scales, pay and bonus standards, and labor regulations.
• When the interests of employees and the collective are violated, the trade union has the right to petition state agencies and competent organizations for consideration and resolution.

Thus, the union is the protector of the rights and interests of union members, providing legal advice to avoid legal risks when not clearly understanding the terms of the labor contract. Along with many other regulations.

III. Are businesses required to establish unions?

In Clause 1, Article 6 of the 2012 Trade Union Law, there are detailed regulations on the principles of organization and operation of trade unions, specifically as follows:

Trade unions were established on a voluntary basis, organized and operated according to the principle of democratic centralism.

The Trade Union is organized and operates according to the Charter of the Vietnam Trade Union, in accordance with the Party’s guidelines, guidelines and policies and the State’s laws.

Thus, the establishment of a union is voluntary, with no ramifications or legal obligations for businesses. But in reality, in the relationship between employer and employee, there needs to be a representative for the collective of employees. The purpose is to get the general opinion of the workers. Therefore, trade unions are encouraged by the State for businesses to establish.

IV. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

■ Contact us now

For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

■ Contact Hankuk Law Firm:

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