Chương XXXI Bộ luật tố tụng dân sự 2015: Thủ tục xét tính hợp pháp của cuộc đình công

Chapter XXXI

PROCEDURES FOR CONSIDERING THE LEGITIMACY OF A STRIKE

Article 403. Requesting a Court to consider the legitimacy of a strike

1. During a strike or within 03 months from the day on which the strike comes to an end, either the employer or the employee collective’s representative organization may request the Court to consider the legitimacy of a strike.

2. Person requesting the Court to consider the legitimacy of a strike must send the request to the Court in writing. Such written request must contain the following principal details:

a) Details specified in clause 2 Article 362 of this Code;

b) Name and address of the organization that led the strike;

c) Name and address of the employer of the employees’ collective on strike.

3. The request must be enclosed with copies of the decision to go on strike, decision or mediation record of a competent agency or organization engaged in the settlement of the collective labor dispute, materials and evidences related to the consideration of the legitimacy of the strike.

Article 404. Procedures for sending a written request to a Court for consideration of the legitimacy of a strike

Procedures for sending and receiving a written request and performing the obligation to provide materials and evidences for a Court for the consideration and decision on the legitimacy of a strike at the Court shall be conformable to provisions of this Code.

Article 405. Jurisdiction to consider the legitimacy of a strike

1. The People’s Court of province where the strike takes place shall have the jurisdiction to consider the legitimacy of the strike.

2. Collegial People’s Courts shall have the jurisdiction to settle the appeals against the decisions of People’s Courts of provinces on the legitimacy of the strikes within their territorial competence.

Article 406. Composition of the panel in charge of considering the legitimacy of a strike

1. A People’s Court of province shall consider the legitimacy of a strike through a panel comprised of 3 Judges.

2. A Collegial People’s Court shalls settle an appeal against a decision on the legitimacy of a strike through a panel comprised of 3 Judges.

Article 407. Participants in a meeting for considering the legitimacy of a strike

1. The panel in charge of considering the legitimacy of the strike chaired by one Judge; the Court clerk for recording the meeting minute.

2. Procurators of the procuracy of the same level.

3. Representatives of the employee collective’s representative organization and the employer.

4. Representatives of other agencies and organizations as requested by the Court.

Article 408. Postponement of a meeting for considering the legitimacy of a strike

1. A meeting for considering the legitimacy of a strike shall be postponed according to regulations in Article 233 of this Code provided for the postponement of a Court session.

2. The postponement of a meeting for considering the legitimacy of a strike must not exceed 03 working days from the day on which the decision to postpone the meeting is made.

Article 409. Termination of the consideration of the legitimacy of a strike

The Court shall terminate the consideration of the legitimacy of a strike in the following cases:

1. The petitioner withdraw his/her petition;

2. Parties have reached agreement on the settlement of the strike and request in writing to the Court for not settling the strike;

3. The petitioner is absent though has been duly summoned twive, except for force majeure events or objective obstacles.

Article 410. Procedures for processing a written request for consideration of the legitimacy of a strike

1. Upon the receipt of a petition, the Chief Justice of People’s Court of province shall decide to establish a Panel to consider the legitimacy of the strike and assign one Judge to take main charge of settling such petition.

2. Within 05 working days from the day on which the petition is received, the Judge assigned to presider over the settlement of the petition must make a decision to hold a meeting for considering the legitimacy of the strike. The deicision to hold a meeting for considering the legitimacy of the strike must be immediately sent to the representative organization of employees’ collective, the employerm the procuracy of the same level and relevant agencies and organizations.

3. Within 05 working days from the day on which the decision to hold a meeting for considering the legitimacy of a strike is issued, the Panel in charge of considering the legitimacy of the strike must hold a meeting for considering the legitimacy of the strike.

Article 411. Process of a meeting for considering the legitimacy of a strike

1. The Judge presiding over the meeting for considering the legitimacy of the strike announces the decision to hold a meeting for considering the legitimacy of the strike and summarize the petition.

2. Representative of the employee collective’s representative organizations and representative of the employer present their opinions.

3. The Judge presiding the meeting for considering the letigimacy of the strike may request representatives of agencies and organizations participating in the meeting to express their opinions.

4. The procurator presents opinions of the procuracies about the consideration of the legitimacy of the strike.

Immediately when the meeting finishes, the procurator shall send the opinions in writing to the Court for recording in the civil-matter files.

5. The panel considering the legitimacy of the strike discusses and makes decision under the majority rule.

Article 412. Decision on the legitimacy of a strike

1. A decision of the Court on the legitimacy of a strike must clearly state the reason and grounds to conclude on the legitimacy of the strike.

The decision of the Court on the legitimacy of a strike must be publicly announced at the meeting and must be immediately sent to the employee collective’s representative organization, the employer and the procuracy of the same level. The employees‘ collective and the employer shall be responsible for implementing the decision of the Court but may also file appeals and the procuracy may file appeals against such decision.

2. When the decision of the Court on the legitimacy of the strike has been announced, if the strike is ruled to be illegal, the employees on strike must immediately stop goin on strike and return to work.

Article 413. Order and procedures for settling appeals against the decisions on the legitimacy of a strike

1. Immediately when the appeallate petition or the appeal decision against the legitimacy of a strike is received, the Collegial People’s Court shall request in writing the Court that has considered the legitimacy of the strike to forward the files of the case to it for consideration/settlement.

2. Within 03 working days from the day on which the petition is received, the Court that has issued the decision on the legitimacy of the strike must forward the case files to the Collegial People’s Court for considering and settling.

3. Within 02 working days from the day on which the case file is received, the Chief Justice of the Collegial People’s Court shall make decisions to formulate an Appellate Panel to consider the legitimacy of the strike and assign a Judge to preside over the study of files.

Within 05 working days from the day on which the Collegial People’s Court receives the case files, the Appellate Panel shall consider the appeal against the decision on the legitimacy of the strike.

The decision of the Appeallate Panel on the legitimacy of the strike shall be the final one.