Decree No. 41/2013/ND-CP detailing the implementation of Article 220 of the Labor Code regarding the list of employers not allowed to strike and handling collective labor demands at employers not allowed to strike.

DECREE

Providing detailed implementation of Article 220 of

the Labor Code on the list of employers

not allowed to strike and resolving collective demands -2017/BCT

at employers not allowed to strike

 _________________________

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Labor Code dated June 18, 2012;

Decree No. 07/2021/NĐ-CP

The Government promulgates this Decree providing detailed implementation of Article 220 of the Labor Code on the List of Employers Not Allowed to Strike and Resolving Collective Demands of Workers at Employers Not Allowed to Strike,

Article 1. Scope of Regulation

This Decree stipulates the List of Employers Not Allowed to Strike and Resolving Collective Demands of Workers at Employers Not Allowed to Strike.

Article 2. Applicability

1. Employers, workers, the Executive Committee of the grassroots trade union or the Executive Committee of the directly superior trade union where no grassroots trade union has been established at employers not allowed to strike.

Employers not allowed to strike are enterprises, agencies, organizations, or parts of enterprises, agencies, organizations that hire or use labor according to the provisions of labor laws, operating in essential industries and fields for the national economy such that strikes may threaten national security, defense, health, public order, including:

a) Large-scale electricity production, transmission, and national power system dispatching;

b) Oil and gas exploration and exploitation; production and supply of gas, gas;

c) Air safety assurance, maritime safety assurance;

d) Provision of telecommunications infrastructure networks; postal services serving state agencies;

đ) Supply of clean water, drainage, environmental sanitation in centrally governed cities;

e) Directly serving national security, defense.

2. Agencies, organizations, individuals related to the implementation of the List of Employers Not Allowed to Strike and Resolving Collective Demands of Workers at Employers Not Allowed to Strike.

Article 3. List of Employers Not Allowed to Strike

The List of Employers Not Allowed to Strike is issued together with this Decree.

Article 4. Resolving Collective Demands of Workers at Employers Not Allowed to Strike

1. Upon receiving a request from the Executive Committee of the grassroots trade union or the Executive Committee of the directly superior trade union where no grassroots trade union has been established regarding compliance with labor laws related to workers' rights, the employer shall immediately rectify violations and fulfill all relevant obligations as prescribed by law.

2. Upon receiving a request from the Executive Committee of the grassroots trade union or the Executive Committee of the directly superior trade union where no grassroots trade union has been established concerning issues related to workers' interests, the employer and related agencies, organizations, and individuals shall perform the following responsibilities:

a) The employer shall organize a collective bargaining session with the Executive Committee of the grassroots trade union or the Executive Committee of the directly superior trade union where no grassroots trade union has been established in accordance with labor laws, and simultaneously notify the provincial-level district, city, town labor administration agency where the employer's main office is located to appoint a labor mediator or directly support the collective bargaining process; implement the agreed contents immediately after the collective bargaining session ends. In case of unsuccessful bargaining, each party shall submit a written request to the Labor Arbitration Council where the employer's main office is located for consideration and resolution;

b) Within three days from the date of receipt of the employer's or the Executive Committee of the grassroots trade union or the Executive Committee of the directly superior trade union where no grassroots trade union has been established's request, the Labor Arbitration Council must conclude mediation in accordance with regulations. All parties must immediately implement the agreements recorded in the mediation minutes;

c) Five days after the Labor Arbitration Council establishes a successful mediation record, if one of the parties does not implement the reached agreement or three days after the Labor Arbitration Council establishes an unsuccessful mediation record, the Executive Committee of the grassroots trade union or the Executive Committee of the directly superior trade union where no grassroots trade union has been established shall issue a written recommendation to the Department of Labor, Invalids and Social Affairs where the employer's main office is located and report to the Chairman of the People's Committee of the province or centrally governed city for resolution;

d) Within five days from the date of receipt of the Department of Labor, Invalids and Social Affairs' report on the collective demand, the Chairman of the People's Committee of the province or centrally governed city shall chair and coordinate with the Chairman of the same level trade union, relevant agencies of the province or city, and the ministry or sector representing the owner of the employer not allowed to strike on the territory to resolve the collective demand. The decision of the Chairman of the People's Committee of the province or centrally governed city is the final conclusion that both parties must comply with.

3. For units directly serving defense and security tasks, in cases where the employer and the Executive Committee of the grassroots trade union or the Executive Committee of the directly superior trade union where no grassroots trade union has been established fail to reach an agreement through negotiation, the employer shall immediately report to the competent superior authority for examination and resolution.

Within five days from the date of receipt of the employer's report, the competent superior authority shall issue a written resolution on the collective demand. The decision of the competent superior authority is the final conclusion that both parties must comply with.

Article 5. Receiving and resolving requests regarding the rights and interests of labor collectives from state management agencies

1. Every six months, the Minister, Head of a ministry-level agency, or government agency, Chairperson of provincial People's Committees under the central government, or their legally authorized representatives shall coordinate with trade unions and employer representatives at the same level to organize dialogues to receive requests from employers, workers, and the grassroots trade union executive boards at non-strikeable workplaces within their jurisdictional responsibility to promptly resolve legitimate requests of labor collectives.

2. Employers and grassroots trade union executive boards shall be responsible for reporting in writing at the dialogue sessions specified in Clause 1 of this Article on the implementation of labor laws, employment, income of workers, requests and recommendations of employers, workers, and grassroots trade union executive boards to the Minister, Head of a ministry-level agency, or government agency, Chairperson of provincial People's Committees under the central government, or their legally authorized representatives to discuss measures for resolution.

3. The Minister, Head of a ministry-level agency, or government agency shall coordinate with the Chairperson of provincial People's Committees under the central government, or their legally authorized representatives where enterprises owned by ministries or sectors have their headquarters located, and the Chairperson of provincial People's Committees under the central government shall direct the resolution of requests concerning the rights and interests of labor collectives within their management area according to the following provisions:

a) For issues related to the rights of workers or labor collectives, require employers to take immediate corrective measures;

b) For issues related to the interests of both parties, require employers and grassroots trade union executive boards to organize collective bargaining to resolve them based on consultations with state labor management agencies, representative organizations of employers, and higher-level trade unions. In cases where negotiations fail, both parties may request the Labor Arbitration Council at the location of the employing unit to resolve the issue in accordance with Clause 2, Article 4 of this Decree;

Direct competent agencies to support negotiations, research, and implement recommendations of labor collectives and employers regarding matters related to state management, while informing decisions on resolving issues so that employers and workers at non-strikeable workplaces are aware and comply.

Article 6. Implementation Organization

1. General Directors, Directors of non-strikeable employing units shall specify responsibilities and procedures for resolving labor collective requests down to each individual and organization within the unit's internal regulations and disseminate them to workers for implementation.

2. The Minister, Head of a ministry-level agency, or government agency, Chairperson of provincial People's Committees under the central government shall direct and guide non-strikeable employing units within their management to organize implementation in accordance with this Decree; report periodically every six months and ad hoc as required on the reception of opinions and resolution of recommendations from employers and grassroots trade union executive boards at non-strikeable employing units within their jurisdictional responsibility to the Ministry of Labor, Invalids and Social Affairs.

3. The Ministry of Labor, Invalids and Social Affairs shall be responsible for leading and coordinating with relevant ministries, sectors, and localities to inspect and supervise the implementation of provisions in this Decree; compile annual reports regularly.

Article 7. Effective Date

1. This Decree takes effect from June 23, 2013.

2. Decree No. 122/2007/ND-CP dated July 27, 2007 of the Government stipulating the List of Enterprises Not Allowed to Strike and the Resolution of Requests of Labor Collectives at Such Enterprises, and Decree No. 28/2011/ND-CP dated April 14, 2011 of the Government amending and supplementing the List of Enterprises Not Allowed to Strike issued together with Decree No. 122/2007/ND-CP dated July 27, 2007 of the Government shall cease to be effective from the date this Decree takes effect.

Article 8. Responsibility for Implementation

The Minister, Head of a ministry-level agency, or government agency, Chairperson of provincial People's Committees under the central government, and employing units within the List of Employing Units Not Allowed to Strike shall be responsible for implementing this Decree./.