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QUESTION 2 : REGARDING CLAUSE 3, ARTICLE 119 OF THE LABOR CODE

Japanese enterprises have difficulty in contacting HCMC Labor Federation to inquire information about Clause 3, Article 119 of the Labor Code and having much trouble when registering labor regulations with DOLISA. Enterprises suggest Labor federation providing information and support solution for enterprise, in particular Japan and overseas enterprises in general, when they require.
Labor Federation:

As provided in Clause 3, Article 119 of the LaboCode 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.