QUESTION 2 : REGARDING CLAUSE 3, ARTICLE 119 OF THE LABOR CODE
As provided in Clause 3, Article 119 of the Labor Code in 2012: "Before the issuance of the internal working regulations, an employer shall consult the representative organization of the grassroots-level employees’ collective."
Case 1: If businesses have Trade union organization, the organization of collective labor is the grassroots-level trade union executive board basis.
Case 2: In case there is no trade union organization:
According to the provisions of clause 1 and 3, Article 188 of the Labor Code in 2012: "At non-unionized workplaces, immediate higher-level trade unions shall play the role of representing and protecting the rights and legitimate interests of trade union members and employees; participate in negotiating, signing and supervising the implementation of collective labor agreements and internal working regulations etc.”
According to the provisions of Clause 4 Article 3 of Labor Code 2012: “Representative organization of a grassroots-level employees’ collective means the executive committee of the grassroots-level trade union or the executive committee of the immediate higher-level trade union in a non-unionized enterprise.”
For non-unionized organizations, the Federation of Labour at district-level and at Industrial zone, Export processing zone... shall perform the role of representing and protecting the rights and legitimate interests of employees.