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Article 214. Rights of the parties before and in the course of strike



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Article 214. Rights of the parties before and in the course of strike

1. To keep on agreement to settle the contents of collective labor disputes or jointly request the State management agency on labor, trade union organization and representative organization of the employer at provincial level to conduct the mediation.
2. The trade union executive committee has the following rights: a) To withdraw the decision on strike if strike has not conducted yet or stop the strike if it is underway; b) To require the Court to declare the strike is legitimate
3. The employer has the following rights a) To accept the whole or a part of the requirements and give notice in writing to the
Trade Union Executive Committee of union organizing, leading strikes; b) To temporarily close the workplace during the strike due to ineligible to maintain the normal operation or to protect property; c) To request the Court to declare the strike illegal.
Article 215. Cases of illegal strike
1. Not to arise from the collective labor disputes on the interests
2. To organize for the employees who donot work for the same employer to go on strike.
3. When the collective labor disputes have not been or are being settled by the agencies, organization and individual as prescribed by this Code
4. To be conducted at enterprises that are not entitled to go on strike under the list prescribed by the Government.
5. When there is a decision to delay or stop going on strike.
Article 216. Announcing decision on temporary closure of the workplace
At least 03 working days before the temporary closure of the workplace, the employer shall publicly posted the decision on temporary closure of the workplace and announce to the following agencies and organization:
1. The trade union executive committee organizing and leading the strike;
2. Provicial-level trade union;
3. The representative organization of the employer;
4. The State management agency on labor;
5. The district-level People’s Committee where the head office located.
Article 217. Cases of prohibiting the temporary closure at the workplace
1. Before 12 hours from the time of the strike specfied in the decision on strike.
2. After the labor collective stop the strike.
Article 218. Salary and other legal interests of the employee during the strike.

1. The employee who does not participate in the strike but has to stop working because of strike is paid for the stop of working as prescribed in Clause 2, Article 98 of this Code and other interests under the provisions of labor law.
2. The employee who takes part in the strike shall not be paid and other interests as prescribed by the law, unless otherwise agreed by both parties.
Article 219. Acts prohibited before, during and after the strike
1. To hinder the implementation of the right to strike or incite, induce or coerce the employee to go on strike; prevent the employee who does not take part in the strike from going to work.
2. To use violence; destroy machinery, equipment and property of the employer.
3. To infringe the public order and safety
4. To terminate the labor contract or handle the labor discipline to the employee, the strike leader, or appoint the employee and the strike leader to perform another job or go to work at other places because of strike preparation or strike participation.
5. To retaliate and revenge the employee for participating in the strike and the person leading the strike.
6. To take advantage of the strike to commit other acts of violations of the law.
Article 220. Prohibited cases of strike
1. Strikes are prohibited at the units using employee and essentially operating to the national economy because the strike may threaten the security, national defense, health and public order under the list issued by the Government.
2. The State management agencies must periodically listen the opinions of the labor collective and the employer to assist and resolve the legitimate requirements of the labor collective in a timely manner.
Article 221. Decision on postponement and stop of strike
When considering that the strike may cause serious damage to the national economy and the public interest, the Chairman of the provincial People's Committee shall decide to postpone or stop the strike and ask for settlement from the competent state agencies and authorities
The Government stipulates the postponement and stop of strike and settlement of interest of the labor collective
Article 222. Handling the strike with improper order and procedures
1. The Chairman of provincial People's Committee shall make a decision on declaring the strike has breached the order and procedures and immediately notify the Chairman of district-level People's Committee as the organization and leading of the strike do not comply with the Article 212 and Article 213 of this Code.
2. Within 12 hours after receiving notice of the Chairman of provincial People's
Committee, the Chairman of district-level People's Committees shall preside over and coordinate with the State management agency on labor and trade union at the same level
and other agencies and organizations directly concerned to meet with the employer and the grassroots trade union executive committee or the superior trade union to hear the parties’ opinions and support them to find the measures for settlement and put the operation of production and business back to normal condition.
Section 5. COURT’S CONSIDERATION OF LEGALITY OF THE STRIKE
Article 223. Requesting the Court to consider the legality of the strike
1. During the strike or in the period of 03 months, from the date of termination of the strike, each party has the right to submit petitions to the Court to request the consideration of legality of the strike.
2. The petition must have the following main contents: a) Date, month, year of the petition; b) Name of the Court receiving petition; c) Name and address of the requesting party; d) Name and address of the organization leading the strike; dd) Name and address of the employer where the labor collective go on strike; e) Content to request the Court’s settlement; g) Other information that the requesting party deem necessary for the settlement.
3. The requesting party must send together with the petition the copies of strike decision, decision or the record of mediation of the competent agencies and organizations to settle the collective labor dispute, materials and evidence related to the consideration of the legality of the strike.
Article 224. Procedures for submitting petition to request the Court’s consideration
of the legality of the strike
Procedures for petition submission, receipt, obligation to provide materials and evidence for the consideration and decision on the legality of the strike at the Court are made similarly to the procedures for petition submission, receipt; obligation to provide materials under the provisions of the Code of civil procedure.
Article 225. Competence to consider the legality of the strike
1. The provincial People's Court where the strike takes place has jurisdiction to consider the legality of the strike
2. The Supreme People's Court has jurisdiction to settle the complaints about the legality of the strike.
Article 226. Members of the legality consideration Council of the strike
1. The legality consideration Council of the strike consists of three judges
2. The Council to settle complaints against the decisions on the legality of the strike, including three judges appointed by the Chief Justice Supreme People's Court.

3. The change of judge as a member of the legality consideration Council of the strike is carried out under the provisions of the Code of civil procedure.
Article 227. Procedures for settlement of the petition to request the consideration of
the strike.
1. Immediately after receiving the petition, the Tribunal President of the provincial
People's Court shall decide to establish a Council to consider the legality or illegality of the strike and assign a judge to preside over the resolution of the petition.
2. Within 05 working days from the date of receiving the petition, the judge assigned to preside over the resolution of the petition must make a decision to put the legality of the strike into consideration. The decision to open a meeting to consider the legality of the strike must be sent to the Trade Union Executive Committee, the employer, agencies and organizations concerned.
3. Within 05 working days from the date of making the decision to consider the legality of the strike, the legality consideration Council of the strike must open the meeting to consider the legality of the strike.
Article 228. Suspending the consideration of the legality of the strike
The Court shall suspend the consideration of the legality of the strike in the following cases:
1. The requesting party has withdrawn its petition;
2. Both parties have agreed with each other on the settlement of the strike and submitted petition to request the Court not to carry out the settlement.
3. Person who submits the requesting petition has been duly summoned twice but is still absent.
Article 229. Persons taking part in the meeting for consideration of the legality of
the strike.
1. The legality consideration Council of the strike shall be chaired by the presiding Judge; the Court’s clerk shall record the minutes of the meeting.
2. The representative of the labor collective and the employer
3. The representative of the agencies and organizations on the requirement of the Court
Article 230. Meeting postponement of the legality consideration of the strike
1. The judge assigned to preside over a meeting to consider the legality of the strike or the legality consideration Council has decided to postpone a meeting to consider the legality of a strike similarly to the regulations on adjournment in accordance with the law on civil procedure.
2. The time limit for the meeting postponement of the legality consideration of the strike shall not exceed 03 working days.
Article 231. Order of the meeting of the legality consideration of the strike

1. The person presiding over the meeting of the legality consideration of the strike announces the decision on opening the meeting of the legality consideration of the strike and summarize the content of the petition.
2. The representative of the labor collective and the employer shall present their opinions.
3. The person presiding over the meeting of the legality consideration of the strike may request representatives of the agencies and organizations attending the meeting to express their opinions.
4. The legality consideration Council of the strike shall discuss and make a decision by majority.
Article 232. Decision on the legality of the strike
1. The Court’s decision on the legality of the strike must specify the reason and the grounds for the conclusion of the legality of the strike.
The Court’s decision on the legality of the strike must be announced publicly at the court and sent to the union executive Committee and the employer, the People's Procuracy of the same level. The labor collective and the employer shall execute the decision of the court but may lodge a complaint under the procedures prescribed by this Code.
2. After the court's decision on the legality of the strike is announced, if the strike is illegal, the employee on strike must stop the strike and get back to work.
Article 233. Violation handling
1. When the court has decided that the strike was illegal, but the employee does not end the strike and get back to work, depending on the seriousness of the violation, they may be disciplined in accordance with the regulation on labor law.
In case the strike is illegal, which causes damage to the employer, the union organization leading the strike must make compensation as prescribed by law.
2. The person who take advantage of a strike to disrupt public order, damaging machinery, equipment and property of the employer; the person who commit acts of obstructing the exercise of the right to strike, agitating, inducing, coercing the employee to strike; the person who has acts of retaliation and revenge of the employee taking part in the strike and the person leading the strike, depending on the seriousness of their violations, they can be handled for administrative violations or prosecuted for criminal liability, if causing damage, they must make compensation as prescribed by law.
Article 234. Order and procedures for settlement of complaint about the decision on
the legality of the strike
1. Within 15 days from the date of receipt of the decision on the legality of the strike, the trade union executive committee and the employer may send a complaint to the Supreme
People's Court.
2. Immediately after receiving the complaint about the decision on the legality of the strike, the Supreme People's Court must send a written request to the Court that has considered the legality of the strike to transfer the case dossier for review and settlement.

3. Within 03 working days after receipt of the written request, the Court that issued a decision on the legality of the strike must transfer the case dossier to the Supreme
People's Court for review and settlement.
4. Within 05 working days after receipt of the dossier for the legality consideration of the strike, the Council shall resolve the complaint about the decision on the legality of the strike.
The decision of the Supreme People's Court is the final decision on the legality of the strike
Chapter XV
LABOR STATE MANAGEMENT
Article 235. Content of labor state management
The labor state management includes the following contents:
1. Issuing and organizing the implementation of the legal normative documents on labor;
2. Monitoring, making statistics and providing information about supply and demand and labor supply and demand volatility; making decision on policies, planning, human resource planning, job training, skills development, building of the frame of the national vocational level, distribution and use of social employees. Specifying the list of the trades that only employ the employees who have been trained the trade or have the certificate of national vocational skills;
3. Organizing and conducting scientific research on labor, statistics, information on labor and labor market, living standards and incomes of the employees;
4. Developing the mechanisms and institutions to support the development of the harmonious, stable and progressive labor relations;
5. Inspecting, examining and settling complaints and denunciations and handling legal violations on labor; settling labor disputes in accordance with the law;
6. Implementing the nternational cooperation on labor
Article 236. State management competence on labor
1. The Government has unified the State management over the labor in the country.
2. The Ministry of Labour - Invalids and Social Affairs is responsible before the
Government for implementation of the State management over labor.
The Ministries, ministerial-level agencies to the extent of their duties and power shall implement and coordinate with the Ministry of Labour - Invalids and Social Affairs in the
State management over the labor.
3. The People's Committees at all levels shall implement the State management over the labor in their respective localities.
Chapter XVI
INSPECTION OF LABOR AND SANCTION OF LEGAL VIOLATION ON
LABOR

Article 237. Responsibilities of the state inspector on labor
The inspector Ministry of Labour - Invalids and Social Affairs and the inspector of
Service of Labour - Invalids and Social Affairs have the following main tasks:
1. Inspecting the compliance of provisions of the law on labor;
2. Investigating occupational accidents and violations on labor safety and hygiene;
3. Making guidance on the application of the the system of technical standards and regulations on labor conditions, labor safety and hygiene;
4. Settling complaints and denunciation on labor as prescribed by the law;
5. Handling under the competence and requesting the competent agencies to handle violations of labor laws.
Article 238. Labor inspection
1. The inspector Ministry of Labour - Invalids and Social Affairs and the inspector of
Service of Labour - Invalids and Social Affairs shall execute the specialised inspection function on labor.
2. The inspection of labor safety and hygiene in the area of radioactivity, exploration, oil and gas extraction, means of railway, waterway, road and air transportion and other units of the armed forces shall be implemented by the state management agency in that area in cooperation with the specialized inspection on labor.
Article 239. Handling violations in the area of labor
Those who have acts of violation of the provisions of this Code, depending on the nature and seriousness of their violations, they shall be disciplined, and administratively sanctioned or prosecuted for criminal liability; if causing damage they must make compensation as prescribed by law.
Chapter XVII
IMPLEMENTATION PROVISION
Article 240. Effect of the Labor Code
1. This Code shall take effect from 01 May 2013.
The Labour Code dated 23 June 1994, the Law amending and supplementing a number of articles of the Labor Code No. 35/2002/QH10, the Law amending and supplementing a number of the Labour Code No. 74/2006 / QH11 and the Law amending and supplementing a number of articles of the Labor Code No.84/2007/QH11 that shall be expired from the date this Code takes effect.
2. From the date this Code takes effect: a) The labor contracts, collective labor agreements, other legal agreements already concluded and the agreements more favorable to the employee than the provisions of this
Code shall continue to be performed; the agreements inconsistent with the provisions of the Code must be amended and supplemented;
b) The stipulation on the time of enjoyment of the policies when giving birth in the Social
Insurance Law No. 71/2006/QH11 shall comply with the provisions of this Code.
The female employee on maternity leave before the effective date of this Code, is still in the time of maternity leave to May 1, 2013 as prescribed in the Law on social insurance
No. 71/2006/QH11, the time of enjoyment of the policies when giving birth complies with the provisions of this Code.
3. The labor regime for cadres, civil servants, officer and the person in the armed forces of the People's Army, People’s public security and other social organizations and cooperative members stipulated by the other legal documents but depending on the object, a number of provisions in this Code shall be applied. The Government has issued the specific salary policies applicable to cadres, civil servants, officer and the person in the armed forces of the People's Army and People’s public security.
Article 241. Effect for areas where less than 10 employees employed
The employer who employs less than 10 employees must implement the provisions of this Code, but is reduced and exempted a number of standards and procedures prescribed by the Government.
Article 242. Detailed regulations and guidance of execution
The Government and the competent authorities shall stipulate in detail and make guidance of the implementation of articles and clauses in the Code.
This Code is adopted by the National Assembly of the Socialist Republic of Vietnam, term
XIII, 3rd session on June 18, 2012.
CHAIRMAN OF NATIONAL ASSEMBLY




Nguyen Sinh Hung


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