Chapter 3.
POSTPONEMENT, SUSPENSION OF STRIKES
Article 8. Cases of postponed, suspend strike
1. Strikes expected to organize at units providing services of electricity, water, public transport and other services directly serving for demonstrations to celebrate the Victory Day, International Labor Day and National Day.
2. Strikes expected to organize at localities where are happening activities aiming to prevent, remedy consequences of calamities, fires, epidemics or emergency cases in accordance with law.
3. Strikes happen at localities where appear calamities, fires, epidemics or emergency cases in accordance with law.
4. Strikes happen to the third day at units providing services of electricity, water, public sanitation causing affect to the environment, living conditions and health of people in cities of provinces.
5. Strikes happen together with acts of violence, disturbing, affecting to assets, life of investors, causing insecurity, public disorder, affecting to activities of communities at place happening strikes.
Article 9. Procedures for postponing strikes
1. Procedures for postponing strikes are provided as follows:
a. When receiving decision on strike of the Trade Union Executive Committee, Director of the provincial Department of Labor – Invalids and Social Affairs shall consider, if the strike falls in cases specified in clause 1 and clause 2 Article 8 of this Decree, he/she shall discuss with the President of the district-level People’s Committee and report to the President of the provincial People’s Committee for decision on postponing the strike.
A request for postponement of strike sent to the President of the provincial People’s Committee includes: Name of enterprise where labor collectives make strike; tentative location for strike; tentative time for beginning strike; requirement of labor collectives; necessary reason for postponement of strike; proposals for postponement of strike, time limit for postponement of strike and measures to implement decision on postponement of strike of the President of the provincial People’s Committee;
b. Based on proposals of Director of the provincial Department of Labor – Invalids and Social Affairs, the President of the provincial People’s Committee shall issue decision on postponement of strike and immediately report to the President of the district-level People’s Committee, chairperson of the provincial Confederation of Labour, chairperson of Labor arbitration Council and the grassroots Trade Union Executive Committee or the direct superior Trade Union for grassroots where the grassroots Trade Union has not been established and the employer at the place where strike is expected to happen.
2. Within 48 hours, after the Director of the provincial Department of Labor – Invalids and Social Affairs receives decision on strike of the grassroots Trade Union Executive Committee, the President of the provincial People’s Committee must issue decision on postponing the strike.
3. Within 24 hours, after receiving decision on postponing the strike of the President of the provincial People’s Committee, relevant agencies and organizations must implement the postponement of strike.
Article 10. Procedures for suspending strikes
1. Procedures for suspending strikes shall comply with the following provisions:
a. When considering that the strike happening falls in one of cases specified in clause 3, clause 4 and clause 5 Article 8 of this Decree, the district Division of Labor – Invalids and Social Affairs shall report the suspension of strike to the President of the district-level People’s Committee;
b. After receiving report of the district Division of Labor-Invalids and Social affairs, the President of the district-level People’s Committee shall consider to propose the President of the provincial People’s Committee for decision on suspending strike, and send to the Director of the provincial Department of Labor-Invalids and Social affairs.
A request for suspension of strike sent to the President of the provincial People’s Committee includes: Name of enterprise happening strike; location of strike; time of beginning strike; scope happening strike; quantity of employee participating in strike; requirement of labor collectives; reason for suspension of strike; proposals for suspension of strike and measures to implement decision on suspension of strike of the President of the provincial People’s Committee;
c. When receiving proposal for suspension of strike of the President of the district-level People’s Committee, the Director of the provincial Department of Labor-Invalids and Social affairs must send opinion to the President of the provincial People’s Committee for consideration and decision.
d. Based on proposal for suspension of strike of the President of the district-level People’s Committee, opinion of the Director of the provincial Department of Labor-Invalids and Social affairs, the President of the provincial People’s Committee shall consider and decide on suspension of strike.
Decide on suspension of strike of the President of the provincial People’s Committee must be informed immediately to the President of the district-level People’s Committee, Director of the provincial Department of Labor – Invalids and Social Affairs, chairperson of the provincial Confederation of Labour, chairperson of Labor arbitration Council and the grassroots Trade Union Executive Committee or the direct superior Trade Union for grassroots where the grassroots Trade Union has not been established and the employer at the place where strike is happening for implementation.
2. Within 12 hours, after the President of the district-level People’s Committee receives report of the district Division of Labor-Invalids and Social affairs, the President of the provincial People’s Committee must issue decision on suspending strike.
3. Within 12 hours, after receiving decision on suspending the strike of the President of the provincial People’s Committee, relevant agencies, organizations and individuals must implement the suspension of strike.
4. Within 48 hours, after receiving decision on suspending the strike of the President of the provincial People’s Committee, the President of the district-level People’s Committee must report on result of suspension of strike to the President of the provincial People’s Committee.
Article 11. Resolving requirement of labor collectives when postponing, suspending strike
In time of implementing the decision on postponing or suspending strike of the President of the provincial People’s Committee, Labor arbitration Council implement conciliation of labor disputes in accordance with labor laws.
If conciliation is not sucessful, and time limit for postponing or suspending strike is expired according to decision of the President of the provincial People’s Committee, the Trade Union Executive Committee may further organize the strike but it must notify in writing for the employer, the provincial labor state management agencies and the provincial Trade Union at least 05 working days before beginning the continuing of strike.
Article 12. Rights and responsibilities of the employees when suspend strike
1. After the Trade Union Executive Committee requests the employees for suspension of strike in accordance with the decision of the President of the provincial People’s Committee, the employees must return to work and be paid salary.
2. After the Trade Union Executive Committee requests the employees for suspension of strike in accordance with the decision of the President of the provincial People’s Committee, the employees who are fail to return for working shall not be paid salary and depend on seriousness of violations, they may be disciplined in accordance with labor regulations and other regulations of law.
Tìm kiếm
Nghị định 46/2013/NĐ-CP hướng dẫn Bộ luật lao động tranh chấp lao động (Bản Word)
Nghị định 46/2013/NĐ-CP hướng dẫn Bộ luật lao động tranh chấp lao động (Bản Pdf)