06 Prohibited acts before, during and after a strike in Vietnam

06 Prohibited acts before, during and after a strike in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. 06 Prohibited acts before, during and after a strike in Vietnam

Specifically, Article 208 of the Labor Code 2019 stipulates prohibited acts before, during and after a strike as follows:

- Obstructing employees exercising their right to strike; inciting, inducing or forcing employees to go on strike; preventing employee who do not take part in the strike from working.

- Use of violence; sabotaging equipment or assets of the employer.

- Disrupting public order and security.

- Terminating employment contracts, disciplining or reassigning employees or strike leaders to other work or location workplace due to their preparation for or involvement in the strike.

- Retaliating, inflicting punishment against employees who take part in strike or against strike leaders.

- Taking advantage of the strike to commit illegal acts.

2. Rights of parties prior to and during a strike in Vietnam

Pursuant to Article 203 of the Labor Code 2019, regulations on the rights of parties prior to and during a strike are as follows:

- The parties have the right to continue negotiating settlement of the collective labor dispute or to jointly request settlement of the dispute by mediation or Labor Arbitration Council.

- The representative organization of employees that is entitled to organize a strike as prescribed in Article 198 of the Labor Code 2019 has the rights to:

+ Withdraw the strike decision before the strike; end the strike during the strike.

+ Request the Court to declare the strike as lawful.

- The employer has the rights to:

+ Accept the entire or part of the demands, and send a written notice to the representative organization of employees which organizes and leads the strike;

+ Temporarily close the workplace during the strike due to the lack of necessary conditions to maintain the normal operations or to protect the employer’s assets.

+ Request the Court to declare the strike as illegal.

3. Procedures for going on strike in Vietnam

According to Article 200 of the Labor Code 2019, the procedures for going on strike are specified as follows:

(1) Conduct a survey on the strike

- Before going on strike, the representative organization of employees that has the right to call the strike as prescribed in Article 198 of the Labor Code 2019 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.

(2) Issuing a decision to strike and announcing a strike:

- When over 50% of the surveyed people agree to carry out a strike as prescribed in Clause 2 Article 201 of the Labor Code 2019, 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 does not accept the demands of the employees, the strike may take place.

(3) Go on strike.

Ho Quoc Tuan

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