In what case is the strike delayed? What are the procedures for delaying a strike in Vietnam?
In what case is the strike delayed?
Pursuant to Clause 1, Article 109 of Decree No. 145/2020/ND-CP stipulating that delay of strikes in Vietnam is the case in which the Presidents of the People’s Committee of the province issue a decision on delaying the time of strike written in the strike decision issued by the internal employee representative organization.
At the same time, according to Clause 3, Article 109 of Decree No. 145/2020/ND-CP, cases in which a strike is delayed are as follows:
Cases in which strikes are delayed or suspended
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3. Cases in which a strike is delayed:
a) Strikes at providers of electricity supply, water supply, public transportation and other services serving organization of public meetings and public holidays prescribed in Clause 1 Article 112 of the Labor Code;
b) Strikes in areas with ongoing works for prevention and recovery from natural disaster, epidemic or state of emergency.
According to the above provisions, the cases in which a strike is delayed include:
- Strikes at providers of electricity supply, water supply, public transportation and other services serving organization of public meetings and public holidays, including:
+ Gregorian Calendar New Year Holiday: 01 day (the 1st of January of the Gregorian calendar);
+ Lunar New Year Holidays: 05 days;
+ Victory Day: 01 day (the 30th of April of the Gregorian calendar);
+ International Labor Day: 01 day (the 1st of May of the Gregorian calendar);
+ National Day: 02 days (the 2nd of September of the Gregorian calendar and the previous or next day);
+ Hung Kings Commemoration Day: 01 day (the 10th of the third month of the Lunar calendar).
Strikes in areas with ongoing works for prevention and recovery from natural disaster, epidemic or state of emergency.
In what case is the strike delayed? What are the procedures for delaying a strike in Vietnam?
What are the procedures for delaying a strike in Vietnam?
Pursuant to Article 110 of Decree No. 145/2020/ND-CP stipulating the procedures for delaying a strike as follows:
- Within 24 hours from the receipt of the strike decision from the internal employee representative organization that has the authority to hold and lead the strike, the Director of the Provincial Department of Labor, War Invalids and Social Affairs shall request the President of the People’s Committee of the province to issue a decision to delay the strike if it is any of the cases specified in Clause 3 Article 109 of Decree No. 145/2020/ND-CP.
- Within 24 hours from the receipt of the request from the Director of the Department of Labor, War Invalids and Social Affairs, the President of the People’s Committee of the province shall consider issuing a decision to delay the strike.
Within 12 hours after such decision is issued, notify Presidents of the People’s Committees of districts, President of Provincial Confederation of Labor, chairperson of the labor arbitration council, the internal employee representative organization that organizes the strike and the employer where the strike is expected to take place. The strike delay decision takes effect from the day on which it is signed.
- The employee representative organization, employer, employees, relevant organizations and individuals shall delay the strike in accordance with the aforementioned decision.
What contents are included in a written request for strike delay sent to the President of the People’s Committee of the province?
Pursuant to the provisions of Clause 1, Article 110 of Decree No. 145/2020/ND-CP, a written request for strike delay sent to the President of the People’s Committee of the province must include the following basic contents:
- The name of the employer where the strike is expected to take place, name of the employee representative organization that organizes the strike;
- Planned strike location and time; demands of the employee representative organization;
- Reasons for delay;
- Delay duration and measures for implementation of the strike delay decision issued by the President of the People’s Committee of the province.
How to protect interests of employees upon delay of strikes in Vietnam?
Pursuant to the provisions of Article 112 of Decree No. 145/2020/ND-CP stipulating protection of interests of employees upon delay of strikes as follows:
- During period of time over which the strike delayed or suspended as the request of the President of the People’s Committee of the province, the Provincial and district-level Departments of Labor, War Invalids and Social Affairs shall cooperate with provincial and district-level Confederations of Labor, the internal employee representative organization that organizes the strike, the employer and relevant authorities in assisting the parties to negotiate to protect employees’ interests and resolve relevant disagreements.
- If the parties fail to successfully negotiate by the end of the delay or suspension period, the internal employee representative organization is entitled to carry on the strike as long as a written notice is sent to the employer, the People’s Committee of the district and the district-level the Department of Labor, War Invalids and Social Affairs at least 5 working days before resumption date of the strike.
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