Vietnam: What are the remarks for employees when conducting strikes? What are the cases of legal strikes?
What does a strike in Vietnam mean?
Pursuant to Article 198 of the Labor Code 2019, the definition of a strike is as follows:
A strike is a temporary, voluntary, and organized stoppage of work by the employees in order to press demands in the process of the labor dispute settlement. A strike shall be organized and led by the representative organization of employees that has the right to request collective bargaining and is a disputing party.
What are the cases of legal strikes in Vietnam?
Pursuant to Article 199 of the Labor Code 2019 on cases in which employees are entitled to strike as follows:
The representative organization of employees that is a disputing party to an interest-based collective labor dispute is entitled to call a strike under the procedures in the following cases:
- The mediation is unsuccessful or the labor mediator fails to initiate the mediation by the deadline specified in Clause 2 Article 188 of this Labor Code;
- An arbitral tribunal is not established or fails to issue a decision on the settlement of the labor dispute; the employer that is a disputing party fails to implement the settlement decision issued by the arbitral tribunal.
What are the procedures for going on strike in Vietnam?
Pursuant to Article 200 of the Labor Code 2019, the procedures for going on strike in Vietnam are:
- Conduct a survey on the strike.
- Issue a strike decision and strike notice in accordance with Article 202 of this Labor Code.
- Go on strike.
For the survey on strike, Article 201 of the Labor Code 2019 provides:
- Before going on strike, the representative organization of employees that has the right to call the strike as prescribed in Article 198 of this Labor Code shall survey all employees or members of the management board of the representative organization of employees.
- The survey involves:
+ Whether the employee agrees or disagrees about the strike;
+ The plan of the representative organization of employees according to Point b, c and d Clause 2 Article 202 of this Labor Code.
- The survey shall be carried out by collecting votes, signatures or in another manner.
- The time and method of the survey shall be decided by the representative organization of employees and notified to the employer at least 01 day in advance. The survey must not affect the employer’s normal business operation.
The employers must not obstruct or interfere with the survey conducted by the representative organization of employees.
For the strike decision and notice of starting time of a strike, Article 202 of the Labor Code 2019 provides:
- When over 50% of the surveyed people agree to carry out a strike as prescribed in Clause 2 Article 201 of this Labor Code, the representative organization of employees shall issue a written strike decision.
- The strike decision shall contain:
+ The survey result;
+ The starting time and the venue for the strike;
+ The scope of the strike;
+ The demands of the employees;
+ Full name and address of the representative organization of employees that organizes and leads the strike.
- At least 05 working days prior to the starting date of the strike, the representative organization of employees shall send the strike decision to the employer, the People’s Committee of the district, and the provincial labor authority.
- At the starting time of the strike, if the employer does not accept the demands of the employees, the strike may take place.
What are the cases of illegal strikes in Vietnam?
Pursuant to Article 204 of the Labor Code 2019, a strike shall be considered illegal if:
- It is not the case specified in Article 199 of this Labor Code.
- The strike is not organized by a representative organization of employees that are entitled to organize a strike.
- The strike is organized against the procedures in this Labor Code.
- The collective labor dispute is being settled by a competent authority or person in accordance with this Labor Code.
- The strike takes place in cases in which it is not permitted according to Article 209 of this Labor Code.
- The strike takes place after a competent authority issues a decision to postpone or cancel the strike according to Article 210 of this Labor Code.
What are the prohibited acts before, during, and after a strike in Vietnam?
Pursuant to Article 208 of the Labor Code 2019, the prohibited acts before, during, and after a strike are:
- Obstructing employees to exercise their right to strike; inciting, inducing, or forcing employees to go on strike; preventing employees who do not take part in the strike from working.
- Use of violence; sabotaging equipment or assets of the employer.
- Disrupting public order and security.
- Terminating employment contracts, disciplining or reassigning employees or strike leaders to other work or location workplaces due to their preparation for or involvement in the strike.
- Retaliating, inflicting punishment against employees who take part in a strike or against strike leaders.
- Taking advantage of the strike to commit illegal acts.
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