Draft of the amended Labor Code is expected to come into effect on January 01, 2021. Notably, it includes amendments and additions regarding the handling of strikes that do not follow the correct sequence and procedures.
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To be specific, according to this Draft, within 12 hours from the time of receiving the notification of a strike not in accordance with regulations, the Chairman of the District People's Committee presides and directs the state labor management agency, cooperates with the same-level trade union and relevant agencies and organizations to directly meet the employer and the representative of the leadership board of the grassroots labor representative organization to listen to opinions and support the parties in finding solutions to resolve the issue and return business operations to normal. Specifically:
- In case of detecting any violation of the law, a record should be made, and the violation should be handled or recommended to the competent authority for handling the individual or organization that committed the legal violation according to the law.
- For labor dispute contents, depending on each type of dispute, guide and support the parties in carrying out procedures for labor dispute resolution according to the provisions of the Draft.
Thus, compared to the current content of the Labor Code 2012, the Draft has supplemented specific resolution options to handle strikes that do not follow proper procedures.
Nguyen Trinh
