What is a strike? Cases in which employees are entitled to strike in Vietnam

What is a strike? Cases in which employees are entitled to strike in Vietnam (Internet image)

1. What is a strike?

According to Article 198 of the Labor Code 2019, 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 lead by the representative organization of employees that has the right to request collective bargaining and is a disputing party.

2. Cases in which employees are entitled to strike in Vietnam

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 of the Labor Code 2019 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 the Labor Code 2019;

- 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.

(Article 199 of the Labor Code 2019)

3. Procedures for going on strike in Vietnam 

The procedures for going on strike in Vietnam are as follows:

* Step 1: Survey on strike

- 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 the Labor Code 2019).

- The survey shall be carried out by collecting votes, signatures or in another manner.

- The time and method of 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.

* Step 2: Strike decision and notice of starting time of a strike

- When over 50% of the surveyed people agree to carry out a strike as prescribed in Step 1, 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 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

* Step 3. Go on strike

(Articles 201, 202, 203 of the Labor Code 2019)

4. Cases of illegal strike in Vietnam

According to Articles 204 of the Labor Code 2019, a strike shall be considered illegal if:

- It is not the case specified in Article 199 of the Labor Code 2019.

- 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 the Labor Code 2019.

- The collective labor dispute is being settled by a competent authority or person in accordance with the Labor Code 2019.

- The strike takes places in the cases in which it is not permitted according to Article 209 of the Labor Code 2019.

- The strike takes place after a competent authority issues a decision to postpone or cancel the strike according to Article 210 of the Labor Code 2019.

Diem My

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE