What is a strike under Vietnamese Law?

Accordingly, striking is one of the rights of employees. However, how to strike in accordance with the law is something that workers should know. So, what is a strike under Vietnamese Law? Let’s find out with LSX in this article.

Legal ground

• 2019 Labor Code

What is a strike?

Basically, a strike is the most direct and powerful measure of the employee for the employee to demand the correct performance of the employer’s obligations under the law; especially to satisfy the interests of the workers in terms of wages, working conditions, and their legitimate rights and interests.

In fact, a strike is an event in which labor stops because many workers refuse to continue working. Strikes often take place because workers feel dissatisfied with working conditions, wage regimes… Along with the transformation of economic mechanism, in the conditions of market economy, labor relations. It is no longer administrative in nature as before, but rather economic relations. Therefore, labor disputes appear more and more and many cases of employees have resorted to strike methods to settle disputes.

Article 198 of the Labor Code 2019 provides for strikes as follows:

“A strike is a temporary, voluntary, and organized stoppage of work by employees in order to achieve requirements in the process of settling labor disputes; and caused by a representative organization of workers with the right to collective bargaining.”

Therefore, based on the above provisions, a strike is an organized struggle of the labor collective in an enterprise; otherwise a structural part of the enterprise by temporary, voluntary and organized cessation of work of the labor collective. Act to require the employer to meet the legitimate rights and interests arising in the employment relationship.

Thus, the legitimacy of the strike is mainly from the perspective of the strike procedure; but not the content of the claims in the strike.

Strike legally

Cases where employees have the right to go on strike include the following cases:

• An employee representative organization that is a party to a collective labor dispute over interests has the right to carry out the procedures prescribed in this Code for a strike in the following cases:
  • The conciliation is unsuccessful or the conciliation time limit prescribed in this Code expires; but the labor mediator fails to conduct the conciliation;
  • The Labor Arbitration Board may not be established or established but fails to issue a dispute settlement decision; otherwise the employer who is the disputing party fails to implement the dispute settlement decision of the Labor Arbitration Board.

Although respecting and ensuring the right of workers to strike, strikes, especially large and long-term strikes, often affect or even threaten security, national defense and health and public order; causing bad consequences for the economy, society, people’s lives and the lives of workers; affect the national image, relations and international integration process… Therefore, the law does not allow strikes in 6 groups of enterprises with important positions and roles in the economy, society, including:

• Production, transmission and dispatch of power systems;
• Exploration and exploitation of oil and gas production and supply;
• Ensuring aviation safety and maritime safety;
• Provide telecommunications network infrastructure; postal services for State agencies;
• Supply of clean water, drainage, and environmental sanitation in centrally run cities;
• Directly serving security and national defense.

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