What is a strike? Cases of illegal strike in Vietnam

What is a strike? Cases of illegal strike in Vietnam (Internet image)

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

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

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

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:

- 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;

- 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.

3. Regulations on survey on strike in Vietnam

The survey on strike under Article 201 of the Labor Code 2019 is as follows:

- 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 this Labor Code.

- 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.

4. Cases of illegal strike in Vietnam

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

- It is not the case specified in Section.

- 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.

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

Prohibited acts before, during and after a strike under Article 208 of the Labor Code 2019 are 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.

Le Truong Quoc Dat

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