Decree No. 41/2013/ND-CP dated May 8, 2013 of the Government detailing the implementation of the Labor Code’s Article 220 on the list of employing units in which strike is prohibited and settlement of demands of employees’ collectives at these units

THE GOVERNMENT

Decree No. 41/2013/ND-CP of May 8, 2013, detailing the implementation of the Labor Code’s Article 220 on the list of employing units in which strike is prohibited and settlement of demands of employees’ collectives at these units

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

Pursuant to the June 18, 2012 Labor Code;

At the proposal of the Minister of Labor, War Invalids and Social Affairs;

The Government promulgates the Decree detailing the implementation of the Labor Code’s Article 220 on the list of employing units in which strike is prohibited and settlement of demands of employees’ collectives at these units.

Article 1. Scope of regulation

This Decree provides the list of employing units in which strike is prohibited and settlement of demands of employees’ collectives at these units.

Article 2. Subjects of application

1. Employers, employees, executive committees of grassroots trade unions or executive committees of the immediate higher-level trade unions, for establishments where grassroots trade unions have not yet been established, at employing units in which strike is prohibited.

Employing units in which strike is prohibited are businesses, agencies and organizations or sections of businesses, agencies and organizations hiring or employing employees in accordance with the labor law and operating in the sectors and fields that are crucial for the national economy in which strike can threaten security, national defense, health and public order, including:

a/ Power production of high capacity, power transmission and regulation of the national power system;

b/ Oil and gas exploration and exploitation; gas production and supply;

c/ Aviation and maritime safety assurance;

d/ Provision of telecommunications network infrastructure; postal services for state agencies;

dd/ Clean water supply, water drainage and environmental sanitation in centrally run cities;

e/ Direct services for security and national defense.

2. Agencies, organizations and individuals related to the implementation of the list of employing units in which strike is prohibited and the settlement of demands of employees’ collectives at these units.

Article 3. List of employing units in which strike is prohibited

To promulgate together with this Decree the list of employing units in which strike is prohibited.

Article 4. Settlement of demands of employees’ collectives at employing units in which strike is prohibited

1. When receiving demands of the executive committee of the grassroots trade union or the executive committee of the immediate higher-level trade union, for establishments where grassroots trade unions have not yet been established, for compliance with the labor law’s provisions related to employees’ rights, an employer shall immediately remedy violations and, at the same time, fully perform relevant obligations in accordance with law.

2. When receiving demands of the executive committee of the grassroots trade union or the executive committee of the immediate higher-level trade union, for establishments where grassroots trade unions have not yet been established, for settlement of matters related to employees’ interests, an employer and related agencies, organizations and individuals shall comply with the following regulations:

a/ The employer shall organize a meeting of collective negotiation with the executive committee of the grassroots trade union or the executive committee of the immediate higher-level trade union, for establishments where grassroots trade unions have not yet been established, in accordance with the labor law, and concurrently notify such to the labor state management agency in the district, town or provincial city where the employing unit is headquartered, for the latter to assign a labor conciliator or person to directly support the collective negotiation process; and implement contents agreed by the two parties immediately after the negotiation meeting ends. In case the negotiation fails, each party shall request in writing the Labor Arbitration Council of the locality where the employing unit is headquartered to consider and settle the case;

b/ Within 3 days after receiving a request of the employer or the executive committee of the grassroots trade union or the executive committee of the immediate higher-level trade union, for establishments where grassroots trade unions have not yet been established, the Labor Arbitration Council shall finish the conciliation according to regulations. The parties shall immediately implement agreements stated in the conciliation record;

c/ Past 5 days after the Labor Arbitration Council makes a record on successful conciliation, if either party fails to implement the reached agreements, or past 3 days after the Labor Arbitration Council makes a record on unsuccessful conciliation, the executive committee of the grassroots trade union or the executive committee of the immediate higher-level trade union, for establishments where grassroots trade unions have not yet been established, shall request in writing the provincial-level Labor, War Invalids and Social Affairs Department of the locality where the employing unit is headquartered and the higher-level trade union to report the case to the provincial-level People’s Committee chairperson for settlement;

d/ Within 5 days after receiving the provincial-level Labor, War Invalids and Social Affairs Department’s report on the proposal of the employees’ collective, the provincial-level People’s Committee chairperson shall assume the prime responsibility for, and coordinate with the chairman of the same-level trade union, related provincial agencies and the ministry or sector representing the owner of the employing unit in, settling the proposal. The decision of the provincial-level People’s Committee chairperson is final and must be obeyed by the two parties.

3. For an unit directly performing national defense or security tasks, if the negotiation between the employer and the executive committee of the grassroots trade union or the executive committee of the immediate higher-level trade union, for establishments where grassroots trade unions have not yet been established, fails, the employer shall immediately report such to a competent superior agency for consideration and settlement.

Within 5 days after receiving the employer’s report, the competent superior agency shall settle in writing the proposal of the employees’ collective. The decision of the competent superior agency is final and must be obeyed by the two parties.

Article 5. Receipt and settlement by state management agencies of demands of employees’ collectives for rights and interests 

1. Biannually, ministers, heads of ministerial-level agencies, heads of government-attached agencies and provincial-level People’s Committee chairpersons or persons duly authorized by provincial-level People’s Committee chairpersons shall coordinate with trade unions and employers’ representative organizations of the same level in organizing meetings to listen to opinions of employers, employees and the executive committees of grassroots trade unions at employing units in which strike is prohibited under their management so as to timely settle legitimate demands of the employees’ collectives.

2. At the meetings specified in Clause 1 of this Article, employers and the executive committees of grassroots trade unions shall report in writing on the implementation of the labor law, employees’ employment and incomes, requests, demands and petitions of employers, employees and the executive committees of grassroots trade unions to ministers, heads of ministerial-level agencies, heads of government-attached agencies and provincial-level People’s Committee chairpersons or persons dully authorized by provincial-level People’s Committee chairpersons for discussion on settlement measures.

3. Ministers, heads of ministerial-level agencies and heads of government-attached agencies shall coordinate with chairpersons of provincial-level People’s Committees of the localities where enterprises owned by their ministries, ministerial-level agencies or government-attached agencies are located, or persons dully authorized by these provincial-level People’s Committee chairpersons in directing the settlement of demands of employees’ collectives for rights and interests as follows:

a/ For matters related to rights of individual employees or employees’ collectives, to request employers to take remedies immediately;

b/ For matters related to interests of both parties, to request employers and the executive committees of grassroots trade unions to organize collective negotiation to settle on the basis of consulting labor state management agencies,  employers’ representative organizations or higher-level trade unions. If such negotiation fails, the two parties shall request the Labor Arbitration Council of the locality where the employing unit is headquartered to settle the matters under Clause 2, Article 4 of this Decree;

c/ To direct functional agencies to support negotiations, study and implement proposals of employees’ collectives and employers on contents related to state management and, at the same time, notify settlement decisions to employers and employees at employing units in which strike is prohibited for information and compliance.

Article 6. Organization of implementation

1. General directors or directors of employing units in which strike is prohibited shall specify the responsibilities for settlement of demands of employees’ collectives for each individual and organization in their units, and settlement procedures in their internal rules and regulations, and disseminate them to employees for compliance.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and provincial-level People’s Committee chairpersons shall direct and guide employing units in the list of employing units in which strike is prohibited under their management in complying with this Decree; and send biannual reports and irregular reports, when requested, on the receipt of opinions and settlement of proposals of employers and the executive committees of grassroots trade unions at employing  units in which strike is prohibited under their management to the Ministry of Labor, War Invalids and Social Affairs.

3. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with related ministries, sectors and localities in, examining and supervising the implementation of this Decree; and annually summarize and report on the implementation results to the Prime Minister.

Article 7. Effect

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

2. The Government’s Decree No. 122/2007/ND-CP of July 27, 2007, promulgating the list of enterprises in which strike is prohibited and the settlement of demands of employees’ collectives at these enterprises, and the Government’s Decree No. 28/2011/ND-CP of April 14, 2011, amending and supplementing the list of the enterprises in which strike is prohibited promulgated together with the Government’s Decree No. 122/2007/ND-CP of July 27, 2007, cease to be effective on the effective date of this Decree.

Article 8. Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and employing units in the list of employing units in which strike is prohibited shall implement this Decree.

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG

LIST OF EMPLOYING UNITS IN WHICH STRIKE IS PROHIBITED

(Promulgated together with the Government’s Decree No. 41/2013/ND-CP of May 8, 2013)

I. Power production and transmission and regulation of power systems

1. Hoa Binh Hydropower Company.

2. Son La Hydropower Company.

3. Phu My Thermo power Company Ltd.

4. Power transmission companies under the National Power Transmission Corporation.

5. The National Load Dispatch Center.

II. Oil and gas exploration and exploitation; gas production and supply

1. PetroVietnam Gas Joint-Stock Corporation (PV Gas)

a/ PV Gas Vung Tau Processing Company;

b/ PV Gas Southeast Transmission Company;

c/ PV Gas Trading Company;

d/ PV Gas Ca Mau Company;

dd/ PV Gas South Con Son Pipeline Company;

e/ Block B - O Mon Pipeline Management Company;

g/ Northern PV Gas JSC;

h/ Southern PV Gas JSC;

i/ PV Low Pressure Gas Distribution JSC.

2. VIETSOPETRO Joint-Venture Factory.

3. PetroVietnam Exploration Production Corporation (PVEP)

a/ PetroVietnam Domestic Exploration Production Operating Company Limited;

b/ Con Son Joint Operating Company;

c/ Vietgazprom Company;

d/ VRJ Petroleum Company (VRJ).

III. Aviation and maritime safety assurance

1. Providers of flight assurance services under Vietnam Air Traffic Management Corporation.

2. Noi Bai, Tan Son Nhat, Da Nang, Nha Trang and Can Tho airports under the  Airports Corporation of Vietnam.

3. Vietnam Maritime Safety-North.

4. Vietnam Maritime Safety-South.

5. Vinacomin - Maritime Pilotage Company Ltd.

6. Vietnam Maritime Communication and Electrics LLC.

IV. Provision of telecommunications network infrastructure; and postal services for state agencies

1. Vietnam Telecom National.

2. Vietnam Telecom International.

3. Network infrastructure company under Vietnam Telecommunications Group.

4. Network infrastructure company under Viettel Group.

5. Central Post under Vietnam Post Corporation.

V. Clean water supply, water drainage and environmental sanitation in centrally run cities

VI. Direct services for security and national defense

Units operating in the fields specified in the Appendix to the Government’s Decree No. 104/2010/ND-Cp of October 11, 2010, on the organization, management and operation of wholly state-owned single-member limited liability companies directly performing national defense or security tasks.-

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