What are the fines imposed on employees in Vietnam for illegal strikes in Vietnam?

In which cases are employees in Vietnam entitled to strike?

Pursuant to Article 199 of the Labor Code in 2019 stipulating cases in which employees are entitled to strike as follows:

Cases in which employees are entitled to strike

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.

As regulations above, employees in Vietnam are entitled to strike in following cases:

- The mediation is unsuccessful or the labor mediator fails to initiate the mediation by the deadline .

- 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 fines imposed on employees in Vietnam for illegal strikes in Vietnam? - Source: Internet

What are cases of illegal strike in Vietnam?

Pursuant to Article 204 of the Labor Code in 2019 stipulating cases of illegal strike as follows:

Cases of illegal strike

A strike shall be considered illegal if:

1. It is not the case specified in Article 199 of this Labor Code.

2. The strike is not organized by a representative organization of employees that is entitled to organize a strike.

3. The strike is organized against the procedures in this Labor Code.

4. The collective labor dispute is being settled by a competent authority or person in accordance with this Labor Code.

5. The strike takes places in the cases in which it is not permitted according to Article 209 of this Labor Code.

6. 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.

As regulations above, a strike shall be considered illegal if:

- It is not the case specified by law.

- The strike is not organized by a representative organization of employees that is 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 places in the 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 the law.

What are the fines imposed on employees in Vietnam for illegal strikes in Vietnam?

Pursuant to Article 217 of the Labor Code in 2019 stipulating actions against violations as follows:

Actions against violations

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2. Where the Court has issued a decision which declares that a strike is illegal, any employee who fails to return to work shall be held liable to labor disciplinary measures in accordance with labor laws.

In case an illegal strike causes damage to the employer, the representative organization of employees that organizes the strike shall pay compensation as prescribed by law.

3. Any person who takes advantages of a strike to disrupt public order, sabotage the employer’s assets, obstruct the execution of the right to strike, or incite, induce or force employees to go on strike; retaliate or inflict punishment on strikers and strike leaders, depending on the seriousness of the violation, shall be held liable to administrative penalties or criminal prosecution, and shall pay compensation for any damage caused in accordance with the law.

As regulations above, where the Court has issued a decision which declares that a strike is illegal, the employees must stop the strike and return to work.

Any employee who fails to return to work shall be held liable to labor disciplinary measures in accordance with labor laws.

(1) Employees might be liable to following labor disciplinary measures (according to Article 124 of the Labor Code in 2019):

- Reprimand.

- Deferment of pay rise for up to 6 months.

- Demotion.

- Dismissal.

(2) In case an illegal strike causes damage to the employer, the representative organization of employees that organizes the strike shall pay compensation as prescribed by law.

(3) Employees who commit the following acts will be subject to administrative penalties depending on the severity of the violation:

- A warning or a fine ranging from 300.000 VND to 500.000 VND shall be imposed on employees for taking advatange of a strike to disrupt public order (according to Clause 1.a Article 7 of the Decree 144/2021/NĐ-CP).

- A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed upon an employee for sabotaging machinery, equipment or assets of the employer during a strike, if not liable to criminal prosecution (according to Clause 2.c Article 34 of the Decree 12/2022/NĐ-CP).

- A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed upon an employee for obstructing employees in exercising their rights to strike, inciting, inducing or forcing employees to go on strike (according to Clause 2.a Article 34 of the Decree 12/2022/NĐ-CP).

- A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon anyone for retaliating, inflicting punishment against employees who take part in strike or against strike leaders (according to Clause 3.a Article 34 of the Decree 12/2022/NĐ-CP).

Note: If illegal strikes cause serious consequences, sufficient to constitute a crime, the employees will be prosecuted under the law.

The above penalties apply to individuals who violate the law (according to Clause 1, Article 6 of Decree 12/2022/NĐ-CP and Clause 2, Article 4 of Decree 144/2021/NĐ-CP)

Best regards!