scholarly journals Legal Recommendations on the Establishment of Worker Representative Organization in Enterprise in Accordance with International Standards

2021 ◽  
Vol 37 (4) ◽  
Author(s):  
Nguyen Le Thu
Keyword(s):  
Trade Union ◽  
International Standards ◽  
Labor Organization ◽  
International Labor Organization ◽  
Freedom Of Association ◽  
Governing Body ◽  
International Labor ◽  
Practical Experiences ◽  
International Experts

In addition to Trade Union, from 1st January 2021, employees in Vietnam are entitled to establish and join worker representative organizations in enterprises. This is one of the new legislative developments that lack clarifying regulations . In this context, the International Labor Organization (ILO) published a Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, based on about 200 cases presented to this organization. Therefore, the research on this vital document might provide Vietnam with the opinions of international experts and practical experiences from many countries worldwide on the concerned issue for further developing regulations on freedom of association. As this is a big topic, this article only focuses on international standards on establishing worker representative organization, then comparing them with Vietnamese regulations to find out the gaps to be supplemented.

International Labor Organization

1950 ◽  
Vol 4 (1) ◽  
pp. 131-132
Keyword(s):  
Trade Union ◽  
Director General ◽  
Labor Organization ◽  
International Labor Organization ◽  
Freedom Of Association ◽  
Governing Body ◽  
Full Development ◽  
International Labor ◽  
Social Council ◽  
Fact Finding

The 110th meeting of the Governing Body of the International Labor Organization was scheduled to meet at Mysore, India from January 3 to 7, 1950. Among the twenty-six agenda items was a recommendation of the General Conference of ILO that the Governing Body consider instructing Director General David A. Morse to prepare a report on the problem of unemployment. The Governing Body was requested to consider at the same time the desirability of placing the question on the agenda of the International Labor Conference. Other matters calling for action by the Governing Body were proposals: 1) for the establishment of a special ILO committee on Asian affairs to ensure full development of ILO Asian activities; 2) for a program of ILO fellowships; and 3) that ILO create a fact-finding and conciliation commission on freedom of association which would provide impartial investigation of questions of infringement of trade union rights, as suggested by the Economic and Social Council.

International Labor Organization

1950 ◽  
Vol 4 (2) ◽  
pp. 319-322
Keyword(s):  
United Nations ◽  
Trade Union ◽  
Technical Assistance ◽  
Director General ◽  
International Labor Organization ◽  
Freedom Of Association ◽  
Governing Body ◽  
International Labor ◽  
The United Nations ◽  
Fact Finding

Meeting in its 110th session in Mysore, India, the ILO Governing Body completed action on a number of projects designed to extend, in cooperation with the United Nations, technical assistance to economically under-developed areas. The Governing Body also authorized the Director-General (Morse) to raise with the Trusteeship Council a number of questions arising out of the reports of the administering authorities and relating to the applicability of ILO conventions and recommendations in trust territories. At the same session, the Governing Body approved procedures for the establishment of a nine-member commission to examine infringements of trade union rights, the first international fact-finding and conciliation commission on freedom of association. The members of the commission, to be chosen “for their personal qualifications” and expected to “discharge their duties with complete independence,” were to be selected by the Governing Body at its 111th session, to convene in Geneva on March 8, 1950. The commission was created in accordance with a request of the Economic and Social Council of August 1949 and was to function on behalf of the United Nations as well as the ILO. The Governing Body defined the commission as “essentially a fact-finding body” which was also authorized to consult with the government or governments concerned “with a view to securing the adjustment of difficulties by agreement.” Complaints alleging the violation of trade union rights were to be referred to the commission by either the Governing Body or the International Labor Conference.

International Labor Organization

1958 ◽  
Vol 12 (2) ◽  
pp. 220-222
Keyword(s):  
Director General ◽  
Labor Organization ◽  
International Labor Organization ◽  
Freedom Of Association ◽  
Member States ◽  
Governing Body ◽  
International Labor ◽  
Definition Of ◽  
Independent Commission

The 137th session of the Governing Body of the International Labor Organization (ILO) was held in Geneva from October 29 to November 1, 1957, under the chairmanship of E. Calderon Puig. The Governing Body devoted three sittings to the consideration of matters concerning freedom of association, in connection with which it received from the Director-General a report on the establishment of machinery to determine the facts relating to freedom of association in ILO member states. The report contained proposals to strengthen ILO methods of promoting respect for freedom of association under regular constitutional machinery through factual inquiries and the establishment of independent machinery for the adjustment of disputes. Several members of the Governing Body felt that prior to forming the proposed body the definition of freedom of association would require clarification, while others felt that the tripartite principle should be introduced into the suggested independent commission or that a body representing the Governing Body should be installed between the commission and the Governing Body.

International Labor Organization

1956 ◽  
Vol 10 (4) ◽  
pp. 634-636
Keyword(s):  
Soviet Union ◽  
Technical Assistance ◽  
Director General ◽  
Occupational Health Services ◽  
Labor Organization ◽  
International Labor Organization ◽  
Freedom Of Association ◽  
Governing Body ◽  
Additional Information ◽  
International Labor

The Governing Body of the International Labor Organization (ILO) held its 132d session in Geneva from June 1–2 and on July 29, 1956 under the chairmanship of Mr. A. H. Brown (Canada). After a discussion the Governing Body requested the Director-General to submit law and practice reports to the 133d session on the following subjects: 1) conditions of work of fishermen; 2) organization of occupational health services in places of employment; and 3) collaboration between public authorities and employers' and workers' organizations at industrial and national levels. In addition, the 133d session was asked to consider as a law and practice report a report on hours of work which had already been submitted along with the conclusions of a special committee and additional information which the Office had available. The Director-General was also requested to prepare a report on technical assistance. The conclusions of the nineteenth report of the Committee on Freedom of Association and certain proposals to facilitate committee procedure were adopted. A reservation to these proposals was made by the delegate from the Soviet Union who felt they would result in slowing further the Committee's already cumbersome working methods.

International Labor Organization

1953 ◽  
Vol 7 (2) ◽  
pp. 272-273
Keyword(s):  
Technical Assistance ◽  
Labor Organization ◽  
International Labor Organization ◽  
Freedom Of Association ◽  
Governing Body ◽  
International Labor ◽  
Fact Finding

The Governing Body of the International Labor Organization held its 121st session in Geneva from March 3–6, 1953, and approved a net expenditure of $6,311,368 for 1954, $88,000 more than for 1953. Czechoslovakia was requested to agree that a complaint against that government be referred to the ILO Fact-Finding and Conciliation Commission on Freedom of Association; Czechoslovakia was asked to reply before the next session of the Governing Body on May 29, 1953. Consideration of a report of a special sub-committee established in 1952 to review the activities of the industrial committee was postponed; however, the Governing Body did take note of the report of its Technical Assistance Committee and the several industrial committees.

International Labor Organization

1954 ◽  
Vol 8 (4) ◽  
pp. 570-577
Keyword(s):  
Working Conditions ◽  
Indigenous Populations ◽  
Forced Labor ◽  
Director General ◽  
Labor Organization ◽  
International Labor Organization ◽  
Governing Body ◽  
International Labor ◽  
General Note ◽  
Preliminary Consideration

The 125th session of the Governing Body of the International Labor Organization was held in Geneva on May 28 and 29, 1954, with Mr. A. M. Malik (Pakistan) presiding. Preliminary consideration was given to the agenda for the 39th session of the ILO Conference (1956), which, it was decided, would be comprised of the Director-Generals report, financial and budgetary questions, and information on the application of Conventions and Recommendations, The Director-General was requested to submit to the November session of the Governing Body reports dealing with the national law and practices of member states in the fields of (1) weekly rest in commerce and offices, (2) living and working conditions of indigenous populations in independent countries, and (3) forced labor. He was also requested to provide a general note on the conditions of plantation workers and on discrimination in the field of employment and occupation.

International Labor Organization

1955 ◽  
Vol 9 (1) ◽  
pp. 168-172
Keyword(s):  
Working Conditions ◽  
Vocational Training ◽  
Indigenous Populations ◽  
Forced Labor ◽  
Director General ◽  
Labor Organization ◽  
International Labor Organization ◽  
Governing Body ◽  
International Labor ◽  
Conference Committee

Governing BodyThe Governing Body of the International Labor Organization held its 127th session in Rome from November 16 through 19, 1954, under the chairmanship of Mr. R. Ago (Italy). After deciding that the 39th session of the ILO Conference should open in Geneva on June 6, 1956, and noting that, in addition to the regular agenda items, the questions of vocational training in agriculture and welfare facilities for workers were likely to be carried over from the 38th session, the Governing Body considered several reports put before it by the Director-General (Morse) relating to possible further agenda items for the 39th session of the Conference. A study on discrimination in the field of employment and occupation, and a note setting forth certain questions relating to conditions of plantation workers were also discussed. The Governing Body decided to add to the agenda of the 39th session three new items of 1) forced labor, 2) weekly rest in commerce and offices, and 3) living and working conditions of indigenous populations in independent countries. The Governing Body's Committee on Standing Orders and the Application of Conventions and Recommendations was instructed to give further consideration to various points relating to the organization of the work of the ILO Conference, and particularly to arrangements for discussion of the Director-General's report and the work of the Conference committee on the application of conventions and recommendations.

International Labor Organisation

1950 ◽  
Vol 4 (4) ◽  
pp. 677-678
Keyword(s):  
Technical Assistance ◽  
The United States ◽  
World Health ◽  
Director General ◽  
International Labor Organization ◽  
Freedom Of Association ◽  
Governing Body ◽  
The Third ◽  
International Labor ◽  
The Government

The Governing Body of the International Labor Organization held its 112th session at Geneva from June 2 to 30, 1950. During consideration of an agenda of 22 items, the Governing Body completed the membership of the fact-finding and conciliation commission on freedom of association, decided to establish an ad hoc committee of five or six persons having experience in the field of occupational safetyand health to be appointed by the Director-General in consultation with officers of the Governing Body, and authorized the Director-General (Morse) to communicate the report of the Third International Pneumoconiosis Conference held at Sydney in February and March 1950 to the United Nations Secretary-General and the Director-General of the World Health Organization. The Governing Body also convened a meeting of experts to study the status and conditions of employment of domestic workers, authorized the Director-General to communicate to governments the reports, resolutions and memoranda adopted by the second session of the Chemical Industries Committee, accepted an invitation from the government of the United States of Indonesia to hold the first session of the Committee on Work in Plantations in Indonesia in December 1950, and appointed members of the Governing Body delegates to the third session of the Petroleum Committee to be held in Geneva in October and November. Other action taken by the Governing Body included acceptance of the invitation of the French government to hold the third session of the Textiles Committee in Lyons from November 28 to December 9, 1950, approved the general lines of a program of technical assistance ILO could undertake in the manpower field, noted that ILO had $2,500,000 at its disposal for its technical assistance activities, and accepted an offer by states members of the Organization for European Economic Cooperation which were also members of ILO to make available to ILO $998,000 for establishment of a special fund to finance additional action in the field of migration.

International Labor Organization

1957 ◽  
Vol 11 (2) ◽  
pp. 389-392
Keyword(s):  
United Kingdom ◽  
Labor Organization ◽  
International Labor Organization ◽  
Governing Body ◽  
International Labor

The 133rd session of the Governing Body of the International Labor Organization (ILO) was held in. Geneva from November 20 to 26, 1956, under the chairmanship of Sir Guildhaume Myrddin-Evans (United Kingdom).

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