What is a strike? How to understand the law to comply with the law

Ms. Nhi in Saigon asked a question for ANT Legal as follows:

” My company forces workers to work overtime without pay and the policy is unreasonable, so if we want to strike, how can we legally strike? Please let a lawyer answer the question “

ANT Legal Please answer your question as follows:

1. What is a strike?

A strike is a temporary, voluntary and organized stoppage of work by workers to achieve demands in the process of resolving labor disputes and is organized and led by a representative organization of workers with the right to collective bargaining that is a party to a collective labor dispute.

(Article 198 Labor Code 2019)

2. Some notes to strike legally

In cases where you have the right to strike:

Employee representative organizations that are parties to a collective labor dispute over interests have the right to carry out proper procedures to strike in the following cases:

+ The conciliation fails or the conciliation time limit specified in Clause 2, Article 188 of the 2019 Labor Code expires and the labor conciliator does not conduct conciliation;

+ The Labor Arbitration Board is not established or is established but does not issue a decision to resolve the dispute or the employer who is the disputing party does not implement the dispute resolution decision of the Labor Arbitration Board.

– Must be organized by a representative organization of workers with the right to organize and lead strikes.

– Comply with the correct order and procedures for conducting strikes. The strike order is prescribed as follows:

+ Collect opinions on strikes according to the provisions of Article 201 of the 2019 Labor Code.

+ Make strike decisions and strike notices according to the provisions of Article 202 of the 2019 Labor Code.

+ Conduct a strike.

– Collective labor disputes have not been resolved by competent agencies, organizations or individuals according to the provisions of the 2019 Labor Code.

– Do not strike at the workplace where a strike may threaten national defense, security, public order, or human health.

– Once the decision to postpone or stop the strike has been made by the competent authority, the strike cannot continue.

(Articles 199, 200, 204 Labor Code 2019)

Employees’ wages during the strike period

Employees who do not participate in the strike but have to stop working due to the strike will be paid stop-work wages as prescribed in Clause 2, Article 99 of the 2019 Labor Code and other benefits as prescribed by law. about labor.

– Employees participating in a strike are not paid wages and other benefits as prescribed by law, unless otherwise agreed by the parties.

(Article 207 Labor Code 2019)

Above is ANT’s answer. If you have any questions, please contact us for more in-depth advice.