Decree No. 28/2011/NĐ-CP amends and supplements the List of enterprises not entitled to strike issued together with Decree No. 122/2007/NĐ-CP. It applies to enterprises listed in the said list and takes effect from June 1, 2011.
Scope of application
Enterprises are listed in the List of enterprises not entitled to strike.
Key points
- Enterprises in the List → not entitled to strike
🌐 Social impact of this document
- Positive impact: Minimizing the risk of labor conflicts, ensuring stable business operations.
- Negative impact: Enterprises listed may be restricted in their right to strike to resolve labor disputes.
❓ Frequently asked questions
To which enterprises does this Decree apply?
This Decree applies to enterprises listed in the List of enterprises not entitled to strike, issued together with Decree No. 122/2007/NĐ-CP.
When do enterprises have the right to strike?
According to this Decree, enterprises listed in the List are not entitled to strike. However, they can still take other lawful measures to protect their rights as stipulated by the Labor Code.
When does this Decree take effect?
This Decree takes effect from June 1, 2011.
Who is responsible for implementing this Decree?
Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under central cities, and enterprises listed in the List of enterprises not entitled to strike are responsible for implementing this Decree.
On what legal basis is this Decree based?
This Decree is based on the Government Organization Law 2001, the Labor Code, and laws amending and supplementing certain articles of the Labor Code.
Full text
DECREE
AMENDING AND SUPPLEMENTING THE LIST OF BUSINESSES NOT PERMITTED TO STRIKE ISSUED TOGETHER WITH DECREE NO. 122/2007/NĐ-CP
JULY 27, 2007, OF THE GOVERNMENT PROVIDING FOR THE LIST OF BUSINESSES NOT PERMITTED TO STRIKE
AND THE SETTLEMENT OF COLLECTIVE LABOR DEMANDS IN BUSINESSES NOT PERMITTED TO STRIKE
________________________________________
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
ON THE BASIS OF THE LABOR CODE OF JUNE 23, 1994; THE LAW AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE LABOR CODE OF APRIL 2, 2002; THE LAW AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE LABOR CODE OF NOVEMBER 29, 2006;
CONSIDERING THE PROPOSAL OF THE MINISTER OF LABOR, INVALIDS AND SOCIAL AFFAIRS,
DECREE:
Article 1. AMENDING AND SUPPLEMENTING THE LIST OF BUSINESSES NOT PERMITTED TO STRIKE AS PROVIDED FOR IN CLAUSE 1, ARTICLE 3 OF DECREE NO. 122/2007/NĐ-CP OF JULY 27, 2007, OF THE GOVERNMENT PROVIDING FOR THE LIST OF BUSINESSES NOT PERMITTED TO STRIKE AND THE SETTLEMENT OF COLLECTIVE LABOR DEMANDS IN BUSINESSES NOT PERMITTED TO STRIKE; ISSUING THE LIST OF BUSINESSES NOT PERMITTED TO STRIKE ATTACHED TO THIS DECREE.
Article 2. Effectiveness
THIS DECREE SHALL TAKE EFFECT FROM JUNE 1, 2011.
Article 3. Responsibility for Implementation
THE MINISTERS, HEADS OF GOVERNMENTAL AGENCIES AT THE MINISTERIAL LEVEL, HEADS OF GOVERNMENTAL AGENCIES, CHAIRMEN OF PROVINCE PEOPLE'S COMMITTEES AND CITY PEOPLE'S COMMITTEES UNDER THE CENTRAL AUTHORITY, AND BUSINESSES INCLUDED IN THE LIST OF BUSINESSES NOT PERMITTED TO STRIKE ARE RESPONSIBLE FOR IMPLEMENTING THIS DECREE.
PRIME MINISTER
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