Chương 3: Nghị định 133/2007/NĐ-CP Cử đại diện tập thể lao động, xác định người lao động không tham gia đình công, giải quyết các vụ ngừng việc của tập thể lao động khi tranh chấp lao động tập thể về quyền

Chapter III

APPOINTMENT OF A REPRESENTATIVE OF THE LABOUR COLLECTIVE, DETERMINING WHICH EMPLOYEES ARE NOT PARTICIPATING IN THE STRIKE, AND RESOLUTION OF CESSATION OF WORK WHEN THERE IS A COLLECTIVE LABOUR DISPUTE ABOUT RIGHTS

Article 13. Appointment of representatives of the labour collective in order to organize and lead a strike in accordance with article 172a of the Labour Code

When a collective labour dispute arises at an enterprise which does not yet have an executive committee of the trade union of the enterprise, then the labour collective shall appoint representatives to organize and lead the strike in accordance with the following provisions:

1. Based on the size of the enterprise and the number of employees working in the enterprise or section of the enterprise, the labour collective shall make a decision on the number of representatives of the labour collective on the principle that such number shall be an odd number, a maximum of nine (9) and a minimum of three (3) persons, in order to represent the labour collective in organizing and leading the strike at the enterprise. The appointment of representatives of the labour collective at the enterprise must be notified in writing to the district labour federation or equivalent body within a time- limit of five (5) working days from the date of the appointment.

2. The district labour federation or equivalent body shall co-ordinate with the district labour body to guide the labour collective in appointing representatives of the labour collective at the enterprise.

3. Persons appointed to act as representatives of the labour collective in order to organize and lead a strike shall have the following duties and powers:

(a) To correctly implement the provisions of the law on labour on organizing and leading a strike;

(b) They shall have, throughout the process of organizing and leading the strike, the rights and obligations the same as applicable to members of the executive committee of the trade union of the enterprise;

(c) They shall be entitled, throughout the process of acting as representatives of the labour collective, to the same benefits as officials of the trade union of the enterprise who participate in resolution of a labour dispute;

(d) The period for which they act as representatives of the labour collective shall be calculated from the time when they are appointed by the labour collective up until the time when they complete resolution of the labour dispute.

Article 14. Determining which employees did not participate in the strike pursuant to clause 1 of article 174d of the Labour Code

Employees not participating in a strike but who must cease work because of the strike means people not participating in the strike and people employed in sections of the enterprise which do not strike and who have had to cease work because of the strike.

Article 15. Resolution of temporary cessation of work by the labour collective when there is a collective labour dispute about rights in accordance with clause 3 of article 159 of the Labour Code

1. When a collective labour dispute about rights results in temporary cessation of work by the labour collective, the chairman of the district people's committee must promptly conduct resolution.

2. If the parties in dispute do not agree with the settlement proposal of the chairman of the district people's committee, such chairman shall provide a written report to the chairman of the provincial people's committee; to the Department of Labour, War Invalids and Social Affairs; to the provincial labour federation; and to the representative of employers in the province, for their information and for all such parties to co-ordinate in dealing with the matter.

3. Depending on the contents of the request from the labour collective, the chairman of the district people's committee shall hold a meeting with the executive committee of the trade union of the enterprise or with the representatives appointed by the labour collective (in the case of an enterprise which does not yet have a trade union) and with the employer; and such chairman shall request the parties in dispute to comply with the law on labour, and shall request the labour collective to return to work and to ensure stable production.

4. [The chairman of the district people's committee] shall consider and impose an administrative penalty for any breach of the law on labour, breach of the registered collective labour agreement or internal labour rules of the enterprise, or breach of any other legal regime or agreement of the enterprise.

5. [The chairman of the district people's committee] shall hold a conciliation of any issues in the collective labour dispute which do not arise out of a breach of the law on labour, a breach of the registered collective labour agreement or internal labour rules of the enterprise, or a breach of any other legal regime or agreement of the enterprise. If the conciliation is unsuccessful, [the chairman of the district people's committee] shall guide the parties in dispute to correctly comply with the law on labour regarding resolution of collective labour disputes.