Accordingly, 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. However, when conducting an illegal strike, employees may have responsibility for violations caused by their actions. In the following article, LSX will give you the answer on handling illegal strikes in Vietnam.
- 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.
Handling illegal strikes
Disciplinary handling of labor
In case a strike takes place and there is a court decision that the strike is illegal, but the employee does not stop the strike or return to work; depending on the seriousness of the violation, he or she may follow the disciplined labor according to the provisions of the labor law; which may be a reprimand, prolongation of salary increase, not more than 06 months, dismissal.
Compensation for damage to the employer
Basically, in the process of conducting an illegal strike; an employee who causes damage must compensate the employer for the damage, including:
- Damage to damaged machinery, equipment, raw materials, fuel, semi-finished products, finished products after deducting the value recovered from liquidation or recycling (if any);
- Expenses for remedying consequences caused by illegal strikes include:
- Operate machinery and equipment according to technology requirements;
- Repair and replace damaged machinery and equipment;
- Recycle damaged raw materials, semi-finished products and finished products;
- Preserving raw materials, fuel, semi-finished products and finished products during the strike;
- Environmental sanitation;
- Compensate customers or fines for breach of contract due to strike.
Sanctioning administrative violations for penal liability
The issue of administrative sanctions or criminal prosecution will arise for employees when they take advantage of the strike to commit the following acts:
- Causing public disorder, damaging machines, equipment and properties of the employer;
- Persons who obstruct the exercise of the right to strike, incite, entice or force workers to go on strike;
- Persons committing acts of repression or revenge against strike participants or strike leaders shall depend on the seriousness of their violations.
Lastly, thank you for paying attention to our article on “Handling 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.
According to the provisions of Clause 9 Article 3 of the Labor Code 2019; Workplace sexual harassment is behavior of a sexual nature by any person toward another person in the workplace that is not desired or accepted by that person. A workplace is any place where an employee actually works as agreed or assigned by the employer.
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