Quyết định 3089/QD-TLD

DECISION

PROVIDING MEAL ALLOWANCES FOR UNIONISTS AND EMPLOYEES IMPLEMENTING THE "THREE-ON-THE-SPOT" WORKING REGIME AT BUSINESSES WITHIN PROVINCES AND CITIES APPLYING SOCIAL DISTANCING MEASURES UNDER THE PRIME MINISTER'S DIRECTIVE NO. 16/CT-TTG

THE PRESIDIUM OF VIETNAM GENERAL FEDERATION OF LABOUR

- Pursuant to the 2012 Law on Trade Unions;

- Pursuant to the 2015 Law on State Budget;

- Pursuant to the 2018 Regulations of Vietnam Trade Union;

- Pursuant to the Government’s Decree No. 191/2013/ND-CP dated November 21, 2013, elaborating on trade union finance;

- Pursuant to the Program No. 2242/LDTBXH-TLD-PTM dated July 4, 2021 between the Ministry of Labour, Invalids and Social Affairs, the Vietnam General Confederation of Labor and the Vietnam Chamber of Commerce and Industry on the implementation of the approach for both isolation and production activities at businesses and production facilities;

- Pursuant to the Resolution of the Party Delegation to the Vietnam General Confederation of Labor No. 228-NQ/DDTLD dated August 19, 2021 and the Resolution of the Presidium of the Vietnam General Confederation of Labor No. 03/NQ-DCT dated August 13, 2021;

- In the light of the request from the Labor Relation Department and the Finance Department of the Vietnam General Federation of Labour,

HEREBY DECIDES

Article 1. To provide meal allowances for unionists and employees implementing the "three-on-the-spot" working regime at businesses within provinces and cities applying social distancing measures under the Prime Minister's Directive No. 16/CT-TTg.

a) Beneficiaries include unionists and employees of enterprises paying union dues and implementing the "three-on-the-spot" working regime.

b) Support amount: VND 1,000,000/person paid in a lump-sum manner.

c) The support starts from the effective date of this Decision.

d) Funding sources:

- Trade unions directly superior to grassroots-level trade unions provide support to grassroots-level trade unions from their accumulated financial resources that are still in use at the time of funding on condition that, after funding, their residual balance is at least VND 1,000,000 (one billion Vietnamese dong).

In case trade unions directly superior to grassroots-level trade unions do not have enough funding to provide support (the accumulated balance is less than VND 1 billion), the Confederations of Labor of provinces or cities; Central or equivalent-level trade unions; Corporations’ Trade Unions under the control of the General Confederation of Labor shall provide additional funding to make up the deficit.

- Confederations of Labor of provinces and cities; Central or equivalent-level trade unions; Corporations’ Trade Unions under the control of the General Confederation of Labor shall grant support to trade unions directly superior to grassroots-level trade unions from their accumulated financial resources that are still in use at the time of funding provided that the balance remaining after such funding is at least VND 5,000,000,000 (Five billion Vietnamese dong). In case where Confederations of Labor of provinces and cities; Central or equivalent-level trade unions; Corporations’ Trade Unions under the control of the General Confederation of Labor do not have enough funding to provide support (the accumulated balance is less than VND 05 billion), the General Confederation of Labor shall provide additional funding to make up the deficit.

dd) Manner

- Grassroots-level trade unions should submit reports on the number of unionists and employees enterprises call on to carry out the "three-on-the-spot" working regime for continued production activities to the directly superior trade unions for their review and approval of budget.

- If any enterprise already paying trade union dues has not yet had its own trade union, the directly superior trade union can work with that enterprise to check and determine the number of unionists and employees carrying out the “three-on-the-spot at place" working regime for continued production activities before paying them allowances.

- Trade unions directly superior to grassroots-level trade unions can request the Confederations of Labor of provinces or cities; Central or equivalent-level trade unions; Corporations’ Trade Unions under the control of the General Confederation of Labor to provide additional funding to make up the deficit.

- Confederations of Labor of provinces or cities; Central or equivalent-level trade unions; Corporations’ Trade Unions under the control of the General Confederation of Labor can request the General Confederation of Labor to provide additional funding to make up the deficit.

- Upon the request of unionists and employees, grassroots-level trade unions (trade unions directly superior to grassroots-level trade unions, if enterprises do not set up their own trade unions) can agree with owners of enterprises on the manner of provision of meals, meal rations, transfer of support funds to enterprises to provide meals according to the general policy of each enterprise; at the same time, grassroots trade unions (trade unions directly superior to grassroots-level trade unions in case of enterprises that do not set up their own trade unions) shall supervise the arrangement for meals and announce meal allowances to unionists and employees.

Article 2. Implementation

1. This Decision shall enter into force from the signature date.

2. The Finance Department of the Vietnam General Confederation of Labor is assigned to consult this Decision, current regulations of the State and Vietnam General Federation of Labour to request trade unions at all levels to provide support for right beneficiaries, ensuring public disclosure and transparency. 

3. Departments, the Office of the Inspection Committee, the Office of the Vietnam General Confederation of Labour; affiliates directly controlled by the Vietnam General Confederation of Labor; Confederations of Labor in cities and provinces; central and equivalent-level Trade Unions; Trade Unions of Corporations or General Companies directly controlled by the Vietnam General Confederation of Labour, shall be responsible for implementing this Decision./.