Business Groups Play an Essential Role in the Economy

additional

area

Cloud

number of eels

g companies ,

Factories and stations are not allowed to strike.

for both​​​

The station belongs to Hanoi - Saigon Railway Passenger Transport Company, Company

Cloud

Railway cargo handling company ; Railway management company ; Information and communication company​​

railway brands... Similar to the group of enterprises operating in the railway transport sector, the number of enterprises banned from striking in the aviation sector has also decreased from thirteen (13) to three (03). These are the Vietnam Civil Aviation Administration Center, the Northern, Central and Southern airport clusters and the aviation fuel supply company. This is a positive sign for enterprises operating in the transport sector. The group of enterprises operating in the maritime sector has less fluctuations than the two transport sectors of railway and aviation. Maritime transport and seaport enterprises are not subject to the ban on striking, but Decree No. 122 stipulates in the direction of listing the exact names of maritime service enterprises that are not allowed to strike (a difference from the general provisions in Decree No. 67).

Take the example of the pilotage enterprise group (Decree No. 67) which has been specified in Decree No. 122 as follows: Pilotage companies I, II, III, IV, V; Maritime Pilotage Joint Stock Company - TKV, Vung Tau Pilotage Enterprise.

Some postal and telecommunications enterprises are also classified as enterprises that are not allowed to strike, such as inter-provincial and international telecommunications companies, inter-provincial and international postal companies, central press distribution companies, and central post offices. The number of enterprises banned from striking in this group has also decreased compared to Decree No. 67.

Some electricity production, supply and transmission enterprises are traditionally on the list of enterprises that are not allowed to strike.

2.1.3. Security and defense business groups are not allowed.

Din

h work

Security and defense enterprises are usually enterprises that produce products that directly serve the protection of national security and defense, such as the production and repair of weapons, equipment, and specialized equipment for national defense and security; equipment, technical documents, and the provision of information security services using cryptographic techniques. If these enterprises cease operations, it will affect the defense and national security capabilities.

The list of enterprises of this type will be decided by the Prime Minister upon the proposal of the Minister of National Defense and the Minister of Public Security.

Thus, the list of enterprises that are not allowed to strike according to Decree No. 122 has changed somewhat compared to Decree No. 67. There are groups of industries with many enterprises added to the list of enterprises that are not allowed to strike, but there are also enterprises that have been removed from the black list. Based on the importance of each group of industries as well as changes in the socio-economic situation, the Government decides to add or remove some enterprises from the list of enterprises that are not allowed to strike.

to achieve the highest efficiency in preventing and limiting the negative consequences that strikes can cause.

The above list may be changed (amended, supplemented) at the request of the Minister of Labor - Invalids and Social Affairs, the Minister of National Defense and the Minister of Public Security.

State management agencies (Ministers, Heads of ministerial-level agencies, Government agencies, Chairmen of provincial People's Committees) must periodically (every 6 months) organize to listen to the opinions of representatives of the labor collective and employers in these enterprises to promptly assist and resolve the legitimate requests of the labor collective. For these types of enterprises, because strikes are not allowed, the legitimate requests of the labor collective, when proposed, must be promptly resolved by both the employer and competent State agencies. Clauses 3 and 4, Article 4 of Decree No. 122 clearly state: When there is a request from the labor collective, the employer shall preside over and coordinate with the Executive Committee of the grassroots Trade Union to resolve it. Within 3 working days from the date of receipt of the request, if the parties cannot resolve it, the employer must report to the Department of Labor, War Invalids and Social Affairs; The Executive Board of the grassroots trade union must report to the direct superior trade union organization for coordination in resolving the issue. Within 3 working days from the date of receipt of the request, the Department of Labor, War Invalids and Social Affairs shall preside over and coordinate with the trade union organization and relevant agencies to resolve the issue. In case the issue cannot be resolved or exceeds its authority, the Department of Labor, War Invalids and Social Affairs must immediately report to the Provincial People's Committee to coordinate with relevant ministries and branches to resolve the issue .

Thus, there is a fairly large and necessary participation of management agencies in resolving the rights of workers at enterprises that are not allowed to strike. And the time limit for resolution is also shortened compared to the time limit for resolving requests of the labor collective at enterprises that are allowed to strike.

The right to strike. The above regulation comes from the urgency, the requirement to quickly resolve the demands of the workers. They are not allowed to strike, not allowed to exercise the rights of workers; that is the disadvantage of workers working in enterprises that produce and supply public products and services and enterprises that play an essential role in the national economy as well as security and defense enterprises; therefore, their rights must be resolved quickly and promptly. It seems that this is the way the law enforcement agency chooses to reconcile the interests between the collective of workers who are not allowed to strike and the business owners (the business here is essentially the State because most of the businesses in the list of businesses that are not allowed to strike are established or contributed capital by the State).

In case of collective labor disputes, each party or both parties have the right to request the Labor Arbitration Council to resolve the dispute. If one or both parties do not agree with the decision of the Labor Arbitration Council, they have the right to request the People's Court to resolve the dispute in accordance with the provisions of law.

Strikes cannot be allowed to occur in the listed enterprises. As mentioned above, these enterprises require coordination between employees, employers and state management agencies in resolving the legitimate rights of employees as well as resolving disputes (if any). If a strike occurs, not only will the labor collective be subject to sanctions due to the illegal strike , but

also left serious consequences for the economy, politics and society of

country. Public service in business

not allowed

case​​

unfair​​

law as prescribed in Article 173 of the Code

Labor

2006. Thus, the volume

harm if their illegal strike causes damage to the employer

work

regulations on compensation for damage

ok

in Decree No. 11 and Joint Circular No. 07/2008/TTLT-BLDTBXH-BTC

people​​

food

porch

Decree No. 11 on compensation for damage in case of

life

unfair​​

2.2. RESTRICTIONS ON STRIKES IN VIETNAMESE LABOR LAW

Like the laws of many other countries, Vietnamese law does not specify specific cases in which workers are restricted from striking; the restrictions will be found in the very concept of strike, its purpose, scope, objects, and the order and procedures for conducting strikes.

2.2.1. Limitation

regime

h public office

A strike is a temporary, voluntary and organized stoppage of work by a collective of workers to resolve a collective labor dispute (Article 172 of the 2006 Labor Code).

A strike is a temporary, voluntary and organized stoppage of work by a group of workers. In essence, a strike is an economic measure of struggle by a group of workers to put pressure on employers to fulfill their demands for rights and benefits. A strike is only used when negotiations between the two parties fail. A strike does not mean the end of the labor relationship between workers and employers because if after a strike, the labor relationship ends, is it necessary for workers to demand rights and benefits and for employers to meet those demands? A strike is therefore only a temporary stoppage of work by a group of workers to make demands that employers must fulfill. This temporary stoppage of work is carried out on the basis of the voluntary participation of workers with the same will, purpose and aspirations. No one has the right to force workers to put down their tools and stop working to strike; All come from subjective will, from volunteerism, from the desire to fight for workers' rights.

They gather together in a collective and their strike is carried out with clear principles and purposes, with preparation time and detailed, specific plans. Strikes require careful and thorough organization, based on understanding of legal regulations, understanding of their rights and obligations. Strikes must be linked to solid foundations to ensure feasibility or, in other words, only then will the demands proposed by workers be sure to be met.

Our country's legislators believe that strikes are to resolve collective labor disputes. According to Vietnamese law, strikes that do not arise from collective labor disputes are not considered legal strikes (Article 173 of the 2006 Labor Code). That means that strikes must originate from collective labor disputes; any strike that does not originate from collective labor disputes is not recognized as a legal strike. Many strikes, not only in Vietnam but also around the world, originate from collective disputes and conflicts. However, that fact does not mean that all strikes must arise from collective labor disputes. This assertion is even more true for countries with a long history of strikes such as France, Germany, England, the United States, etc. Strike is a measure to put pressure on the employer by workers to force the employer to satisfy the requirements and demands, not just a measure to resolve collective labor disputes. Understanding strike as a measure to resolve collective labor disputes is incorrect.

Episode

can lao don

Firms and industries can be linked to form a group.

can work or not?

economy

There are these collective groups, the specific names are determined as follows