Accordingly, the strike is the right of workers to claim rights and benefits. However, not all cases are legal strikes. So, what are the regulations on illegal strikes in Vietnam? Let’s find out with LSX in the following article!
Legal ground
- 2019 Labor Code
The strikes do not stem from a collective labor dispute for the sake of interest
Following the provisions of the previous Labor Code; an illegal strike is a strike that does not take place due to a collective labor dispute, beyond the scope of labor relations. In this case, the strike may occur due to a collective labor dispute over rights or interests, not as narrow as today. And accordingly, a strike is illegal when handling by the will of an individual, not the collective.
Organize strikes for employees who do not work for the same employer
In fact, strikes can be of varying scopes and sizes but are important to workers working for the same employer. In case of violation of the above conditions, the strike is illegal.
When the collective labor dispute has not been resolved by agencies, organizations or individuals
The strike must be done after 05 days from the date the Labor Arbitration Council makes a record of successful conciliation if one of the parties fails to implement the reached agreement; the labor collective can the right to initiate proceedings for a strike.
In case the Labor Arbitration Council makes a record of unsuccessful conciliation, after 03 days, the labor collective has the right to carry out the procedures to go on strike.
Strikes at prohitbited location
Basically, employees shall not practice strikes at enterprises, agencies, organizations or sections of enterprises, agencies or organizations that hire; otherwise use workers in accordance with the labor law, operate in industries and sectors essential to the national economy where a strike may threaten security, national defense, health and public order, including:
- Power generation with large capacity, electricity transmission and dispatching of the national power system;
- Exploration and exploitation of oil and gas; gas and gas production and supply;
- Ensuring aviation safety and maritime safety;
- Provide telecommunications network infrastructure; postal services serving state agencies;
- Supply of clean water, drainage, and environmental sanitation in centrally run cities;
- Directly serving security and national defense.
The strike will still proceed when there is a decision to postpone or stop the strike
Although the strike took place legally; considering that the strike had the risk of causing serious damage to the national economy and public interests; the Chairman of the provincial People’s Committee decided to postpone or stop the strike and assign it to competent state agencies and organizations for settlement.
When there is a decision to postpone or stop the strike, but the employees continue to carry out the strike, the strike will still be determined as an illegal strike.
Lastly, thank you for paying attention to our article on “Regulations on illegal strikes in Vietnam”. Hope that this article will help you solve your problem. In case you have any questions, please feel free to contact Lawyer X for quick and best legal services: +84846175333.
Related questions:
According to the provisions of Clause 1, Article 3 of the Labor Code 2019; An employee is a person who works for an employer under an agreement, is paid a salary, and is subject to the management, administration, and supervision of the employer.
According to the provisions of Clause 7 Article 3 of the Labor Code 2019; Forced labor is the use of force, the threat of force or other tricks to force employees to work against their will.
Conclusion: So the above is Regulations on illegal strikes in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
