The procedure of strikes in accordance with the law in Vietnam

by QuynhHuong

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. So what is the procedure of strikes in accordance with the law in Vietnam? Let’s find out with LSX in the following article.

  • 2019 Labor Code

Step 1: Get opinions on the strike

Basically, to conduct the procedure of strikes, the representative organization of employees having the right to organize and lead the strike; specified in Article 198 of this Code is responsible for collecting opinions of all employees; otherwise members of the management board of the representative workers’ organizations participating in the bargaining.

Contents of consultation:

  • Agree or disagree with the strike;
  • The plan of the representative organization of employees on the contents specified at Points b, c and d, Clause 2, Article 202 of this Code.

Besides, the collection of opinions is carried out directly by means of ballots or signatures or other forms. The time, place and method of collecting opinions on the strike decided by the representative organization of employees and must be notified to the employer at least 01 day in advance. The collection of opinions must not affect the normal production and business activities of the employer. The employer must not cause difficulties, obstruct or interfere in the process of the workers’ representative organization conducting the collection of opinions on the strike.

Step 2: Make strike decision and strike notice

Then, when more than 50% of the respondents agree with the content of the strike as prescribed in Clause 2, Article 201 of this Code; the representative organization of employees shall issue a decision on strike in writing.

The decision to strike must contain the following contents:

  • Result of collecting opinions on strike;
  • Time to start the strike and the location of the strike;
  • Scope of the strike;
  • Requirements of employees;
  • Full name and contact address of the representative of the organization representing the workers, organizing and leading the strike.

At least 05 working days before the start of the strike; the organization representing the workers, organizing and leading the strike; must send a written notice of the decision to strike to the employer, the People’s Committee district level and the specialized labor agency under the provincial People’s Committee. At the time of starting the strike; in case the employer still does not accept to settle the worker’s request, the representative organization of the workers shall organize and lead the strike.

Then, the workers shall carry on the strike.

Lastly, thank you for paying attention to our article on “The procedure of strikes in accordance with the law 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.

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According to the provisions of Clause 7 Article 3 of the Labor Code 2019; Forced labor is the use of force, threat of force or other tricks to force employees to work against their will.

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