From 2021, amendments and supplements to cases of illegal strikes

17:31, 10/07/2024

This is a notable content in the Draft Amendment of the Labor Code, expected to take effect from January 01, 2021.

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To be specific, according to the content of this Draft, the cases of illegal strikes include:

- Violations of regulations on conditions, procedures, and requirements for conducting a strike.

- When a collective labor dispute is being resolved by an authority, organization, or individual according to the Labor Code.

- Conducting a strike at a business that is on the list of enterprises where strikes are prohibited as regulated by the Government of Vietnam.

- When there is a decision to postpone or halt the strike.

Thus, it can be seen that the Draft has added a case of illegal strikes where the strike violates the regulations on conditions, procedures, and requirements for conducting a strike compared to the current regulations in the Labor Code 2012.

At the same time, the Draft has removed 03 cases of illegal strikes mentioned in the Labor Code 2012:

- Not arising from a collective labor dispute concerning benefits.

- Organizing a strike for workers who do not work for the same employer.

- When a collective labor dispute has not been resolved by an authority, organization, or individual according to the Labor Code.

Nguyen Trinh

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