Trade Union Problems in Vietnam1 June 1995
Vietnam's labor codes went into effect January 1, 1995. One provision states that a strike by workers is to be decided by the trade union committee once more than half the workers have voted for one. Looking back at recent strikes it is apparent that this has not been the case. Just in Ho Chi Minh City and two provinces, Dong Nai and Song-Be, alone, there have been 14 labor strikes since the beginning of the year. Yet all those strikes were organized by the workers themselves, with all the unions standing by. Why?
Trade Union Unable to Create Confidence
There have many opinions that recent labor strikes have been organized by the workers themselves, bypassing the [state-sponsored] trade unions, due to the general lack of understanding of the labor laws. In fact, this is only one of the underlying causes. The other reason is the loss of trust and confidence of workers in the official trade unions. The reality of these strikes showed clearly that the unions involved were too weak. Almost all the unions were unable to perform their functions, with some union leaders unwilling to voice the concerns of workers. At some companies such as Mountech in Ho Chi Minh City, a union had been formed for a year but was not yet active. Many workers, when asked who their union presidents are, were unable to give an answer. Many, further still, did not even know their particular company had an organized union. It is because unions have been unable to perform their duty as workers'representatives that many violations against workers have been unprevented. In the end, workers have had to save themselves by staging their own strikes. The strikes have been occurring not only at the local level, but also at the national level, where trade union activities are also weak. The strike staged by 600 workers at a garment company in Dong-Nai occurred after the workers had endured ten to twelve hour workdays routinely, and sometimes even ones up to 24 hours. Many workers were reported to have fainted at their work stations. In light of this situation, the company's union representatives should have stood up and demanded that management conforms to the newly-passed labor laws. Yet, regretfully, those representatives elected to ignore the violations, even going as far as consenting with management.
If this is the situation at companies where unions are organized, what about those in which no union has been formed? The role of organized trade unions in protecting workers' rights here [in Vietnam] is diminishing every day and is practically nonexistent. It is not uncommon for unions to show up only when the press has publicized an ongoing strike. The lack of communication, of strategy, and the "tardiness" of the unions have costed them the respect of workers. This is the reason they have been unable to influence the working masses.
To Avoid Being on the Sideline
In reality, the strikes staged by workers violate the current labor laws, which place substantial responsibilities on the trade unions. The question is how to avoid having the unions be left on the sideline and, in the process, avoiding many strikes and, in the event of a strike, making the work stoppage legal.
Giving the many strikes that have taken place, the first difficulty the unions must overcome is continually monitoring and understanding the needs and concerns of the workers. The close monitoring must occur at the central to local level. To grasp the concerns of workers, unions must be able to earn the confidence of workers. This confidence and trust can only be instilled by concrete, practical actions on the part of the unions. The workers must feel their union is a place they can rely on. In places where no union has been formed, the existing unions at higher levels (i.e. the provincial or city level) must monitor and coordinate with the respective inspecting agencies and, at the same time, organize temporary union committee members. This task must go hand in hand with the effort to deal with new issues in labor relations. In reality, many strikes stemmed from small conflicts, which have not resolved in time. If unions act as the workers' representative and take steps to resolve and negotiate problems, results will be successful in most cases. This will not only allowed labor conflicts to be solved by legal means, but also to prevent regrettable consequences.
But in some cases (eg. in foreign-owned companies), the local union may not have the experience and expertise to perform its functions. Therefore, the most important task for the local unions is to report the situation to higher union committee members in a fast manner. To minimize illegal strikes, the responsible agencies must ensure that workers know the current labor codes and regulations. Even so, if the various union committee members perform their duties accordingly, it is certain that the current situation will improve and that workers' rights will be more fully protected in a timely manner.