WHAT IS A STRIKE? WHEN SHOULD BE ON STRIKE? WHAT ARE THE PROCEDURES OF STRIKE?
Strike is one of the legal methods that workers can use to protect their rights and interests. However, in fact, because they do not know the provisions of the law, when they have a dispute with the employer, sometimes because they are too irritated, the workers spontaneously strike without complying with the provisions of the law and lead to unfortunate results. Therefore, in this article, Lac Duy & Associates will provide readers with the current legal provisions on strikes, the cases in which employees have the right to strike and the order to proceed with procedures of the strike.
1. What is a strike?
According to Article 198 of the Labour Code 2019: “A strike is a temporary, voluntary and organized stoppage of work by the employees in order to press demands in the process of the labour dispute settlement. A strike shall be organized and lead by the representative organization of employees that has the right to request collective bargaining and is a disputing party.”
Thus, it can be understood that a strike includes the following four factors:
– Temporary stoppage of work;
– On employees’ voluntary and organized basis;
– To press demands in the process of the labour dispute settlement;
– Leading by the representative organization of employees that has the right to request collective bargaining and is a disputing party.
2. Cases in which employees are entitled to strike
Article 199 of the Labour Code 2019 provides for cases in which employees are entitled to strike as follows:
– The mediation is unsuccessful or the labour mediator fails to initiate the mediation by the deadline within 05 working days.
– The two parties do not agree with the results of the Mediation, the dispute is sent to the Labour Arbitration Council. An arbitral tribunal is not established or fails to issue a decision on the settlement of the labour dispute; the employer that is a disputing party fails to implement the settlement decision issued by the arbitral tribunal.
3. Procedures for going on strike
Article 200 of the Labour Code 2019 stipulates the procedures of strikes as follows:
Step 1: Survey on strike[1]
Labour collectives which having Grassroots Trade Unions surveys all members of Executive Committee of Grassroots Trade Union and leaders of production groups. Which without Grassroots Trade Union surveys the leader of the production group or employees.
The survey on strike involves whether the employee agrees or disagrees about the strike, the plan of the Executive Committee of Grassroots Trade Union about the starting time and the venue for the strike, The scope of the strike, the demands of the employees.
The time and method of survey (by ballot or signature) shall be decided by the Executive Committee of Grassroots Trade Union and notified to the employer at least 01 day in advance.
Step 2: Come to strike decision[2]
When over 50% of the surveyed people agree with the Plan of Grassroots Trade Union, the Grassroots Trade Union shall issue a written strike decision.
The strike decision shall contain:
– The survey result;
– The starting time and the venue for the strike;
– The scope of the strike;
– The demands of the employees;
– Full name and address of the representative of Executive Committee of Grassroots Trade Union to contact for settlement
At least 05 working days prior to the starting date of the strike, the Executive Committee of Grassroots Trade Union shall send the strike decision to the employer, the People’s Committee of the district and the provincial labour authority.
Step 3: Going on strike[3]
At the starting time of the strike, if the employer does not accept the demands of the employees, the strike may take place.
The above are the current provisions of the law on strikes and issues related to the implementation of the strike. In case you need detailed information or other information in a related field, readers can contact Lac Duy & Associates for timely advice and support.
[1] Article 2021 Labour Code 2019
[2] Article 202.1, 202.2, 202.3 Labour Code 2019
[3] Article 202.4 Labour Code 2019