06 ENTERPRISE GROUPS IN WHICH STRIKES ARE PROHIBITED
On May 08, 2013, the Government issued the Decree No. 41/2013/ND-CP guiding the implementation of the Article 220 of the Employee Code on the List of units in which strikes are prohibited and respond to the demands of employee’s collectives in that units.
At this Decree, the Government guides in more details on 06 enterprise groups in which strikes are prohibited. Units in which strikes are prohibited comprise enterprises, agencies, organizations or parts of enterprises, agencies or organizations hiring employees, employing employees as prescribed by employee law operating in sectors and fields that are essential in the national economy which the strike may threaten to security, national defense, health, public order, including: power production with large capacity, electronic transmission and moderation of the national electrical system; oil and gas exploration and extraction; production and provision of gas; assurance of air safety, maritime safety; provision of telecommunication system infrastructure; postal services for state agencies only; provision of clean water, drainage and environmental hygiene in central-affiliated cities; directly serving for security and defense.
When receiving request of grassroots trade union executive committees or direct superior trade union executive committees in case grassroots trade unions have not been established about compliance of regulations in employee law related to rights of employees, employers are responsible for immediately remedying violations, and executing fully involved obligations in accordance with law. When receiving request of grassroots trade union executive committees or direct superior trade union executive committees in case grassroots trade unions have not been established about matters related to benefits of employees, employers and relevant agencies, organizations and individuals. To the benefits of employees, employers are responsible for holding a meeting of collective negotiation with the grassroots trade union executive committees or the direct superior trade union executive committees in case grassroots trade unions have not been established in accordance with employee law, and notify the district employee sate management agencies where the units using employees locate head offices in order to assign employee conciliator(s) or person(s) to directly support during collective negotiation.
This Decree takes effect on June 23, 2013 and replaces the Decree No. 122/2007/ND-CP dated July 27, 2007 and the Decree No. 28/2011/ND-CP dated April 14, 2011.
