Trade union issues before TPP: Dare to do 'unprecedented things'

Recently, something unprecedented happened at a textile enterprise in Hanoi. Workers, with the support of business leaders, established a trade union with an organizational structure different from the traditional one. Mr. Truong Van Cam, vice president of the Vietnam Textile and Apparel Association, revealed the above story and commented: "People established such an organization for workers in the spirit of TPP because they are looking forward to TPP."

The case of the above enterprise is the first tentative step of the Vietnamese people to realize the labor and trade union chapter in the TPP, a content that is considered sensitive and rarely mentioned. After TPP is signed, it is estimated that this agreement will take effect in April 2018.

In the process from now until then, Vietnam will have to implement reforms in labor laws and labor organization, according to bilateral commitments between Vietnam and the United States in the TPP. "Amendments to labor laws need to be made before TPP takes effect," Deputy Minister of Labor, War Invalids and Social Affairs (MOLISA) Pham Minh Huan affirmed.

The institutional preparation process has been accelerated, especially after President Barack Obama's visit to Hanoi at the end of May. In early June, the Ministry of Labor continuously sent submissions to the Government and the Ministry of Justice requesting that the National Assembly pass the revised Labor Code in October 2017, one session earlier than the old plan to meet commitments in the bilateral agreement.

Similarly, the Trade Union Law is also expected to be revised with the above roadmap. This is a very challenging period for many parties, especially policymakers.

In accordance with the Vietnam-US Plan to enhance trade and labor relations, Vietnam ensures that its laws and regulations allow workers in an enterprise, without discrimination, to form a union at the grassroots level of their choice without prior permission. Workers are free to establish and join this organization of their choice at the enterprise level.

After 5 years of implementing TPP, workers have the right to unionize at the industry, regional and national levels. They have autonomy in managing the affairs of that organization, electing union officials, and prohibiting employers from interfering with workers' organizations.

This is what the Director of the International Labor Organization (ILO) Office in Vietnam, Dr. Chang Hee Lee, presented to the Ministry of Labor, Invalids and Social Affairs, the Vietnam General Confederation of Labor, and the Vietnam Chamber of Commerce and Industry VCCI in recent separate meetings, in order to convince the three parties to soon start editing the Labor and Trade Union Law.

“According to the time frame in TPP, Vietnam does not have much time left,” he said in a meeting with VCCI earlier this week.

According to Mr. Lee, starting from January 1, 2018, the amended Labor Law must take effect and be compatible with TPP. This is the time when labor departments can receive applications from workers to form unions. Assuming the establishment is registered in early 2018, after 2.5 years, the ILO will have a report on Vietnam. "In August 2020, we must have a review report on whether Vietnam has actually complied with the new labor law or not," he said.

Not preparing well will become a barrier

According to VCCI Chairman Vu Tien Loc, trade union organization will become the "hottest" issue here. In a presentation at the Central Theoretical Council, Mr. Loc commented that in the 2-5 years immediately after the TPP takes effect, workers will be more supportive because they think that this organization will bring immediate and quick benefits. Similarly, initial public opinion may also follow this trend.

Therefore, according to him, the State needs to quickly improve the legal system, increase training of more labor conciliators, create an effective and quick conciliation mechanism and support the Vietnam General Confederation of Labor to innovate to better represent workers. That way, after the initial wave of strikes has passed, workers will experience the benefits of cooperation and harmony in labor relations as well as the negative side of confrontation and dispute.

Mr. Loc warned that lessons learned from Indonesia and Cambodia show that, without a suitable legal framework and careful preparation by the state, businesses and society, it may lead to the emergence of too many trade unions. This not only disperses the collective strength of workers but also negatively affects the development of businesses and the economy. "This is something no country wants, whether they support freedom of association or not," Mr. Loc said.

However, Mr. Loc also warned that labor issues and the freedom to establish trade unions, if not well prepared, could become a major barrier to the ability to access the opportunities that TPP brings.

Meanwhile, co-chair of the Vietnam Business Forum (VBF), Ms. Virginia Foote also recommended that Vietnam should prepare carefully to receive great opportunities from TPP.

"Vietnam and other countries must ensure that the commitments in the TPP are implemented in practice, otherwise they will not benefit from the TPP. This requires Vietnam to be serious in implementing the Plan, from amending labor and trade union laws to actual compliance," she said.

Source: Vietnamnet