Socialist republic of viet nam independence Freedom Happiness



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Article 187. Pension age
1. The employee must satisfy the conditions of the social insurance payment in accordance with the law on social insurance to enjoy the pension salary when female is full 60-year-old and female is full 55 years old.

2. The employee has been reduced the working capacity; doing extremely hard, harmful or dangerous work; doing hard, harmful or dangerous work in upland and remote areas, border islands under the list stipulated by the Government shall be able to retire at younger age than specified in paragraph 1 of this Article.
3. The employee has high technical qualification, the employee working management task and some other special cases can retire at higher age but not more than 05 years compared with the provisions of Clause 1 of this Article.
4. The Government has stipulate the clause 2 and 3 of this Article.
Chapter XIII
TRADE UNION
Article 188. Role of trade union organization in labor relationship
1. The grassroots trade union performing the representatives role, protecting the legitimate and proper rights and interests of the trade union members, employee, participating, negotiating, signing and supervising the implementation of collective labor agreement, salary scale, payroll, labor norms and salary payment regulation, bonus regulation, labor rule and democracy regulation at enterprises, agencies and organizations, participating and supporting to settle labor dispute; dialogue and cooperation with employers to build harmonious, harmonious and progressive labor relations at the enterprises, agencies and organizations.
2. The direct superior grassroots trade union shall support the grassroots trade union to perform the functions and duties as prescribed in Clause 1 of this Article; propagating and educating, raising the awareness about labor law, law on trade unions for the employees
3. In areas where there is no trade union organization established at the grassroots level, the direct superior grassroots trade union shall fulfill the responsibilities as specified in clause 1 of this Article.
4. The Trade union organizations at all levels shall participate with the state management agencies at same level and the representative organization of the employer to exchange and settle the labor issues.
Article 189. Establishing and joining and operating trade union at enterprises,
agencies and organizations
1. The employee working at the enterprises, agencies and organizations has the right to establish, join and operate the trade union in accordance with the Law on Trade unions.
2. The superior grassroots trade union has the right to mobilize the employee to join the trade union, establish the grassroots trade union at the enterprises, agencies and organizations and has the right to require the employer and the state management agency on labor to create conditions and support the establishment of the grassroots trade union.
3. When the grassroots trade union is established under the provisions of the Law on
Trade union, the employer must recognize and create favorable conditions for the grassroots trade union to operate.

Article 190. Prohibited acts for the employer related to the establishment, joining
and operation of trade union
1. Hindering or causing difficulties for the establishment, joining and operation of the trade union of the employee.
2. Coercing the employee to establish, join and operate the trade union.
3. Requiring the employees not to participate in or leave the trade union organization.
4. Discriminating on salry, working hours and the rights and obligations in the labor relationship to prevent the establishment, joining and operation of trade union of the employee.
Article 191. Rights of the grassroots trade union official in the labor relationship
1. Meet employers for dialogue, exchange, negotiate on issues of labor and employers.
2. Coming to workplace in order to meet the employee within the scope of liability they represent
3. The places where the grassroots trade union has not been established, the direct superior grassroots trade union official is enttiled to execute the rights provided in this
Article.
Article 192. Responsibilities of employers to trade union
1. Creating favorable conditions for the employee to establish, join and operate the trade union.
2. Coordinating and creating favorable conditions for the superior grassroots trade union to propagate, mobilize and develop trade union member, establish grassroots trade union and arrange specialized trade union official at the enterprises, agencies and organizations.
3. Guaranteeing the conditions for the grassroots trade union to operate under provisions in Article 193 of this Code.
4. Coordinating with the grassroots trade union to build and implement the democratic regulations, the operation coordination regulation in conformity with the functions and duties of each party.
5. Consulting with the grassroots trade union executive committee before issuing the provisions relating to the rights, obligations, regulations and policies for employees.
6. When the employee as a non-specialized trade union official is in the trade union term but his labor contract has expired, he shall be renewed the labor contracts already signed to the end of his trade union term.
7. When the employer unilaterally terminates the labor contract and perform another job, disciplines and dismisses employee who is the non-specialized trade union official, the employer must agree in writing with the grassroots trade union executive committee or the direct superior grassroots trade union executive committee.
In case failing to reach an agreement, both parties must report to the competent agency and organization. After 30 days from the date of giving notice to the local State
management agencies, the employer has the right to make a decision and to take responsibility for his decisions.
In case of disagreement with the decision of the employer, the grassroots trade union executive committee and employee have the right to settle the labor disputes according to the procedures and order prescribed by law.
Article 193. Ensuring trade union operation condition at enterprises, agencies and
organizations
1. The grassroots trade union is arranged the workplace and provided with information to ensure the necessary conditions for trade union operation.
2. The non-specialized trade union official is entitled to use the time in his working hourse for trade union operation as prescribed by the Law on Trade union and shall be paid by the employer.
3. The specialized trade union official at enterprises, agencies and organizations paid by the Trade union and is guaranteed by the employer the collective welfare as the employees working at the enterprises, agencies and organizations as agreed in the collective labor agreement or regulations of the employer.
Chapter XIV
SETTLEMENT OF LABOR DISPUTES
Section 1. GENERAL PROVISIONS ON SETTLEMENT OF LABOR DISPUTES
Article 194. Principles of settlement of labor disputes
1. Respecting and ensuring to let the parties negotiate and decide in the settlement of labor disputes by themselves
2. Ensuring the implementation of conciliation and arbitration on the basis of respect for the rights and interests of both parties, respect for the common good of society and not contrary to law.
3. Being public, transparent, objective, timely, rapid and lawful.
4. Ensuring the participation of representatives of the parties during the process of settlment of labor disputes.
5. The settlement of labor disputes must be directly negotiated by the two parties firstly to settle the harmonious interests of the two parties, stabilize the production and business and to ensure the social order and safety.
6. The settlement of labor disputes by the agencies, organizations and individuals having the competence to settle the labor disputes is conducted after either party files a requesting application due to the refusal of negotiation by either party, negotiation done but failed or successful negotiation but either party fails to perform the agreement.
Article 195. Responsibilities of agencies, organizations and individuals in settlement
of labor disputes

1. The State management agencies on labor shall be responsible for coordianting with the trade union organization, the representative organization of the employer to make guidance and support and assist the parties in the settleement of labor disputes.
2. The Ministry of Labour - Invalids and Social Affairs shall organize the training to improve the professional capacity of the labor mediator, labor arbitrator in the settlement of labor disputes.
3. The State competent agency must actively and promptly settle the collective labor disputes on the rights.
Article 196. Rights and obligations of both parties in the settlement of labor disputes
1. In the settlement of labor disputes, both paties have the following rights a) Directly or through the representatives to participate in the process of settlement; b) Withdrawing application or changing the requested content; c) Requesting the change of the person who settles the labor dispute if there is reason to believe that such person is not impartial or objective.
2. In settlement of labor disputes, both parties have the obligations: a) Providing adequate and timely documentation and evidence to prove their claims; b) Executing the agreements both parties have reached, the judgment or decision that has taken the legal effect.
Article 197. Rights of agencies, organizations and individuals with the comptence to
settle labor disputes
The agencies, organizations and individuals having the competence to settle the labor disputes within the scope of their duties and powers may request the disputing parties, the agencies, organizations and individuals concerned to provide financial data, evidence, solicit expertise, witnesses and the persons concerned.
Article 198. Labor mediator,
1. The labor conciliator is appointed by the State management agency on labor at district, town and provincial city level to settle the labor disputes and disputes on vocational training contracts.
2. The Government regulates the standard and authority for appoitment of labor mediator.
Article 199. Labor arbitration Council
1. The Chairman of provincial People's Committee shall decide to establish the labor arbitration Council. The labor arbitration Council includes the Head of the state management on labor, secretary of the Council and members who are the provincial trade union representatives, representative organizations of the employer. The number of members of the labor arbitration Council is an odd numbe and not execeeding 07 people.
In necessary case, the Chairman of the Labor Arbitration Council may invite the representatives of agencies and organizations concerned and the person who has experience in the area of labor relations at the locality.

2. The Labor Arbitration Council conducts the reconciliation of the collective labor disputes as follows: a) Collective labor disputes on interests; b) Collective labor dispute occurs at the labor employment units that are not entitled to go on strike under the list regulated by the Government.
3. The labor arbitration Council makes a decision by majority in the form of secret ballot voting.
4. The provincial People's Committee shall ensure the necessary conditions for the activities of the labor arbitration Council.
Section 2. AUTHORITY AND ORDER OF PERSONAL LABOR DISPUTE
SETTLEMENT
Article 200. Agencies and individuals with the competence to settle individual labor
disputes
1. The labor mediator
2..The People's Court
Article 201. Mediation order and procedures for labor dispute of the labor mediator
1. The personal labor dispute must be through the mediation procedures of the labor mediator before requiring the Court to settle except for the following labor disputes without having to go through the mediation procedures: a) On the labor discipline in the form of dismissal or disputes over the case of unilateral termination of labor contract; b) Regarding the compensation and allowance upon termination of labor contract; c) Between the housemaid with the employer; d) On the social insurance in conformity with the law on social insurance and health insurance as prescribed by the law on health insurance. dd) Regarding the compensation between the employee and the enterprise, non-business units that send the employee to work overseas under contracts.
2. Within 05 working days after receiving the request for mediation, the labor mediator must end the mediation.
3. At the mediation meeting, there must be the presence of both disputing parties. The disputing parties may authorize the others to join the mediation meeting.
The labor mediator shall guide the parties to negotiate. Where the two parties reach agreement, the labor mediator shall make a record of successful mediation.
Where the two parties can not reach agreement, the labor mediator shall give out a mediatory plan for both parties to consider. Where the two parties accept the mediatory plan, the labor mediator shall make a record of successful mediation.

Where the two parties do not accept the mediatory plan or a disputing party has been duly summoned twice but still absent without plausible reasons, the mediator shall make a record of unsuccessful mediation.
The record shall bear the signatures of both disputing parties and the labor mediator.
Copy of the record of successful mediation or unsuccessful mediation must be sent to both disputing parties within 01 working day from the date of making the record
4. In case of unsuccessful mediation or either party does not perform the agreements in the record of successful mediation or the time limit for settlement is over as prescribed in clause 2 of this Article but the labor mediator does not conduct the mediation, each disputing party has the right to request the settlement from the Court.
Article 202. Limitation for request of settlement of personal labor disputes
1. The limitation to request the labor mediator to perform the mediation of personal labor disputes is 06 months from the date of discovery of the acts whereby the disputing parties thinks that their rights and legitimate interests have been breached.
2. The limitation to request the court to settle individual labor disputes is 01 years from the date of discovery of the act whereby the disputing parties thinks that their rights and legitimate interests have been breached.
Section 3. COMPETENCE AND ORDER FOR SETTLEMENT OF COLLECTIVE
LABOUR DISPUTES
Article 203. Agencies, organizations and individuals with the competence to settle
the collective labour disputes
1. The agencies, organizations and individuals with the competence to settle the collective labour disputes including: a) Labor mediator; b) Chairman of the People's Committees of districts, towns and provincial cities
(hereinafter referred to as chairman of the district-level People’s Committee). c) People’s Court.
2. The agencies, organizations and individuals with the competence to settle the the collective labour disputes with respect to interests including: a) Labor mediator; b) Labor arbitration Council.
Article 204. Order of settlement of collective labor dispute at the grassroots level
1. The order of settlement of collective labor dispute at the grassroots level is executed as prescribed in the Article 201 of this Code. The record of mediation must specify the type of collective labor dispute.
2. In case of unsuccessful mediation or either party fails to perform the agreements in the record of mediation, the following provisions shall apply:
a) For the collective labor disputes on the rights, the parties have the right to request the
Chairman of district-level People’s Committee for settlement; b) For the collective labor disputes on the interests, the parties have the right to request the labor arbitration Council for settlement;
3. In case the time limit of the settlement is over as stipulated in Clause 2 of Article 201 of this Code but the labor mediator does not conduct the mediation, the parties have the right to submit petition to the district-level People’s Committee Chairman for settlement.
Within 02 working days after receiving the request for settlement of collective labor disputes, the Chairman of district-level People’s Committee shall determine the type of dispute of about the rights or interests
In case of collective labor dispute on the rights, the settlement shall be performed as stipulated in clause 2 of this Article and Article 205 of this Code.
In case of collective labor dispute on the interests, the parties requesting the settlement of dispute shall be guided immediately under the provisions in point b, clause 2 of this
Article.
Article 206. Settlement of collective labor disputes on the rights of the Chairman of
district Peoples’ Committee.
1. Within 05 working days after receipt of request application for settlement of collective labor disputes on the rights, the chairman district-level People's Committees shall have to settle the labor disputes.
2. At the meeting to settle the labor disputes, there must be the representatives of both disputing parties. In necessary cases, the Chairman of district-level People's Committee shall invite the representatives of the agencies and organizations concerned to attend the meeting.
The Chairman of district-level People's Committee shall rely on the law on labor, collective labor agreement and the labor rule registered and the other legal regulations and agreements for consideration and settlement of labor disputes.
3. In the event the parties do not agree with the decision of Chairman of district-level
People's Committee or if the deadline is over but the Chairman of district-level People's
Committee does not settle, the parties have the right request the settlement from the
Court.
Article 206. Settlement of collective labor disputes on the interests of the labor
arbitration Council
1. Within 07 working days after receiving the application for settlement request, the labor arbitration council must finish the mediation.
2. At the meeting of the labor arbitration council, there must be the representatives of both parties. In necessary case, the Labor Arbitration Council shall invite the representatives of agencies, organizations and individuals concerned to attend the meeting.

The Labor Arbitration Council shall assist the parties to negotiate themselves, where the two parties fail to negotiate; the labor arbitration council shall offer a plan for both parties to consider.
In case the two parties reach agreement or accept the mediation plan, the labor arbitration
Council shall make a record of successful mediation at the same time make a decision on recognizing the agreement of the parties.
In case the two parties fail to reach agreement or a disputing party has been duly summoned for the second time but still absent without plausible reason, the labor arbitration Council shall make a record of unsuccessful mediation
The record has the signatures of the present parties, the Chairman and secretary of the labor arbitration council.
The copy of record of successful mediation or unsuccessful mediation must be sent to both disputing parties within 01 working day from the date of making record.
3. After a period of 05 days from the date the Labor Arbitration Council sets up the record of successful mediation but one of the parties does not execute the agreement that has been reached, the labor collective has the right to conduct the procedures to go on strike.
In case the Labor Arbitration Council sets up the record of unsuccessful mediation, after a period of 03 days, the labor collective has the right to conduct the procedures to go on strike.
Article 207. Limitation of request for the settlement of collective labor dispute on
the rights
The limitation of request for the settlement of collective labor dispute on the rights is 01 year from the date of discovery of the acts that the disputing parties think that their rights and interests are breached.
Article 208. Prohibiting unilateral action while the collective labor disputes under
settlement
When the collective labor disputes are being settled by the competent agencies, organizations and individuals within the time limit prescribed by this Code, neither party has the right to take unilateral action against the other.
Section 4. STRIKE AND SETTLEMENT OF STRIKE
Article 209. Strike
1. The strike is the temporary, voluntary and organizational stopping of work of the labor collective in order to meet the requirements in the process of settlment of labor disputes.
2. The strike is only conducted for the collective labor disputes on the interests and after the time limit prescribed in Clause 3, Article 206 of this Code.
Article 210. Organization and leadership of strike
1. Where there is not grassroots trade union, strike must be orgnized and led by the the grassroots trade union executive committee.

2. Where there is not grassroots trade union, strike must be orgnized and led by the the superior trade union organization at the request of the employee.
Article 211. Strike order
1. Gathering opinion of the labor collective
2. Making a decision on strike
3. Conducting strike
Article 212. Procedures for gathering opinion of the labor collective
1. For a labor collective with the grassroots trade union organization, gather the opnions from the member of the grassroots trade union executive committee and the heads of production teams. Where there is not grassroots trade union, gather the opnions of the heads of production teams or of the employee.
2. The organization of opinion gathering may be made by card or signature.
3. Content of opinion gathering for strike including: a) The plan of the trade union executive committee on the contents prescribed at Points b, c and d, Clause 2 of Article 213 of this Code; b) Opinions of employees on the agreement or disagreement with the strike.
4. The time and form of opinion gathering for strike shall be decided by the trade union executive committee and must be announced to the employer thereof at least 01 days.
Article 213. Notice the starting time for the strike
1. When there is more than 50% of the people gathered their opnions agree with the plan of the union executive Committee, the trade union executive committee shall make a decision on strike in writing.
2. The decision on strike must have the following contents: a) Result of opnion gathering on strike; b) Starting time and place for the strike; c) Scope of strike conducting; d) Request of labor collective; dd)ull name of the representative of the union executive Committee.
3. At least 05 working days prior to the starting day of the strike, the trade union executive committee shall send the strike decision to the employer, at the same time send
01 copy to the provincial State management agencies on labor, 01 copy to the provincial trade union.
4. At the time the strike starts, if the employer does not accept to settle the requirements of the labor collective, the trade union executive committee shall organize and lead the strike.


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