Chương 1 Nghị định 46/2013/NĐ-CP hướng dẫn Bộ luật lao động tranh chấp lao động: Quy định chung

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides standards, competences to appoint labor conciliators; postponement, suspension of strike and resolving rights and benefits of labor collectives in cases of postponement, suspension of strike.

Article 2. Subjects of application

1. Labor conciliators who are appointed by competent agencies.

2. Employees as prescribed in clause 1 Article 3 of the Labor Code.

3. Employers as prescribed in clause 2 Article 3 of the Labor Code.

4. Organizations as representatives of labor collectives at grassroots as prescribed in clause 4 Article 3 of the Labor Code.

5. Agencies, organizations and individuals relating to implementation of standards, competences to appoint labor conciliators; postponement, suspension of strike and resolving rights and benefits of labor collectives in cases of postponement, suspension of strike.

Article 3. Interpretation of terms

In this Decree, the following terms are construed as follows:

1. Labor conciliators mean persons appointed by the President of the provincial People’s Committee with 5-year term to conciliate labor disputes and disputes on contract of vocational training in accordance with law.

2. Strike postponement means the issuance of decision of the President of the provincial People’s Committee in order to change the beginning time of strike already defined by the Trade Union Executive Committee in the strike decision sent to employers, the provincial-level labor state management agencies and the provincial-level trade union into another time. 

3. Suspension of strike means the issuance of decision of the President of the provincial People’s Committee in order to suspend a strike that is happening until there is no more risk of trespassing seriously the national economy and public benefits.