During the labor dispute settlement, are employees not allowed to call a strike in Vietnam?

During the labor dispute settlement, are employees not allowed to call a strike in Vietnam?

Pursuant to Article 71 of the Labor Code 2019 has the following provisions:

1. A collective bargaining is considered failed in any of the following circumstances:

a) A party refuses to participate in the collective bargaining or the collective bargaining is not held within the time limit specified in Clause 1 Article 70 of this Labor Code;

b) An agreement cannot be reached within the time limit specified in Clause 2 Article 70 of this Labor Code;

c) The parties declare that the collective bargaining has failed before expiration of the time limit specified in Clause 2 Article 70 of this Labor Code.

2. In case the bargaining fails, the parties may initiate labor dispute settlement procedures as prescribed in this Labor Code. During the labor dispute settlement, the representative organization of employees must not call a strike.

Thus, during the labor dispute settlement in Vietnam, the employees at your workplace will not be able to call a strike.

What are cases in which employees are entitled to strike in Vietnam?

Pursuant to Article 199 of the Labor Code 2019, the representative organization of employees that is a disputing party to an interest-based collective labor dispute is entitled to call a strike following the procedures specified in Articles 200, 201 and 202 in the following cases:

1. 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;

2. 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.

Best Regards!