|
THE
GOVERNMENT
---------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------
|
|
No.
46/2013/ND-CP
|
Hanoi, May 10,
2013
|
DECREE
DETAILING THE IMPLEMENTATION OF A NUMBER OF
ARTICLES OF THE LABOR CODE REGARDING LABOR DISPUTE
Pursuant to the Law on
Government organization, of December 25, 2001;
Pursuant to the Labor Code, of
June 18, 2012;
At the proposal of Minister of
Labor, Invalids and Social Affairs;
The Government promulgates the
Decree detailing the implementation of a number of articles of the Labor Code
regarding labor dispute,
Chapter 1.
GENERAL
PROVISIONS
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
This Decree provides standards, competences to appoint labor conciliators;
postponement, suspension of strike and resolving rights and benefits of labor
collectives in cases of postponement, suspension of strike.
Article 2.
Subjects of application
1. Labor conciliators who are
appointed by competent agencies.
2. Employees as prescribed in
clause 1 Article 3 of the Labor Code.
3. Employers as prescribed in
clause 2 Article 3 of the Labor Code.
4. Organizations as
representatives of labor collectives at grassroots as prescribed in clause 4
Article 3 of the Labor Code.
5. Agencies, organizations and
individuals relating to implementation of standards,
competences to appoint labor conciliators; postponement,
suspension of strike and resolving rights and benefits of labor collectives in
cases of postponement, suspension of strike.
Article 3.
Interpretation of terms
In this Decree, the following
terms are construed as follows:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Strike postponement means the issuance of decision of the President of the provincial
People’s Committee in order to change the beginning time of strike already
defined by the Trade Union Executive Committee in the strike decision sent to
employers, the provincial-level labor state management agencies and the
provincial-level trade union into another time.
3. Suspension of strike means the issuance of decision of the President of the provincial
People’s Committee in order to suspend a strike that is happening until there
is no more risk of trespassing seriously the national economy and public
benefits.
Chapter 2.
LABOR
CONCILIATORS
Article 4.
Standards of labor conciliators
1. Being Vietnamese citizens, having
full capacity for civil acts, good health and ethics.
2. Not being persons who are being
examined for penal liability or serving sentence.
3. Being well-informed about labor
law and related laws.
4. Having 03 years working in
areas relating to labor relation, having skills in conciliation of labor
disputes.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The President of the provincial
People’s Committee shall appoint, re-appoint labor conciliators.
2. The orders of and procedures
for appointment of labor conciliators:
a. Self-registering or the distric
Divisions of Labor - Invalids and Social Affairs, the district-level Trade Unions,
Trade Unions of industrial zones, processing and exporting zones introduce
labor conciliators for participation in recruitment;
b. A recruiting dossier for labor
conciliators includes:
- Application for labor
conciliators;
- Resumes;
- Certificate of health;
- Copies of diplomas, certificates
(if any);
- Written introduction for
participation in recruitment of agencies, organizations specified in point a
this clause.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d. Within 05 working days, after
receiving report of the district division of Labor-Invalids and Social affairs,
the President of the district-level People’s Committee shall have written proposal the President of the provincial People’s Committee for appointment of
labor conciliators, and send Director of the provincial Department of Labor-Invalids
and Social affairs for verification and submission to the President of the
provincial People’s Committee;
dd. Within 10 working days, after
receiving written proposal for appointment of labor conciliators of the
President of the district-level People’s Committee, the Director of the
provincial Department of Labor-Invalids and Social affairs shall verify and
submit it to the President of the provincial People’s Committee for
consideration and decision, and send to the President of the district-level
People’s Committee, who proposed for appointment of labor conciliators;
e. Within 05 working days, after
receiving written proposal of the Director of the provincial Department of
Labor-Invalids and Social affairs, the President of the provincial People’s
Committee shall issue decision on appointment of labor conciliators;
g. Within 05 working days, after
receiving decision on appointment of labor conciliators of the President of the
provincial People’s Committee, the Director of the provincial Department of
Labor-Invalids and Social affairs and to the President of the district-level
People’s Committee shall publicize the list of labor conciliators to inform for
employers, organizations representing for labor collectives at grassroots and
employees.
3. The orders of and procedures
for re-appointment of labor conciliators:
a. In 03 month, before ending the
term of labor conciliators, the district-level Division of Labor-Invalids and
Social affairs shall assess the extent of task completion of labor conciliators,
demand of conciliation in locality and report on re-appointment of labor
conciliators to the President of the district-level People’s Committee.
b. The orders of and procedures
for re-appointment of labor conciliators shall comply with point d, point dd,
point e and point g clause 2 of this Article.
Article 6.
Removal from office with respect to labor conciliator
1. A labor conciliator may be
removed from office if fall in one of following cases:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b. Failing to finish the
conciliation task;
c. Committing acts in breach of
law, misusing prestige, competence, responsibilities to cause harm to benefits
of parties or benefits of State during conciliation or refusing the
conciliation task for twice or more when be assigned to participate in solving
labor dispute or dispute on contract of vocational training without legitimate
reason.
2. The competences, orders of and
procedures for removal from office with respect to labor conciliators:
a. The President of the provincial
People’s Committee shall decide removal from office with respect to labor
conciliators at the request of the President of the district-level People’s
Committee and Director of the provincial Department of Labor-Invalids and
Social affairs;
b. The district-level Division of
Labor-Invalids and Social affairs shall base on application for removal from
conciliation participation or extent of failing to complete task or acts of law
violations of labor conciliators to report to the President of the
district-level People’s Committee about the removal from office with respect to
labor conciliators;
c. The orders of and procedures
for the removal from office with respect to labor conciliators shall comply
with point d, point dd, point e and point d clause 2 article 5 of this Decree.
Article 7.
Assurance on operational conditions for labor conciliator
1. Labour conciliators shall be
entitled to allowance regime for the days on which they are assigned to conduct
conciliation of labour disputes, contracts of vocational training in the manner
same as jurors according to regulation on the allowance regime for persons
participating in court sessions, sessions of meeting to solve civil cases; be
entitled to be paid working-trip allowances for the days on which they conduct
conciliation in accordance with the existing regime on working-trip allowances
and be ensured necessary conditions on meeting room, documents, stationery
servicing conciliation of labor disputes.
2. Funds for activities of labor
conciliators shall be ensured by the State budget in accordance with the
existing regulation on decentralization in budget management. The making
of estimation, management and finalization of funds ensuring for activities of
labor conciliators shall comply with regulations of law on the State budget.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
POSTPONEMENT,
SUSPENSION OF STRIKES
Article 8.
Cases of postponed, suspend strike
1. Strikes expected to organize at
units providing services of electricity, water, public transport and other
services directly serving for demonstrations to celebrate the Victory Day,
International Labor Day and National Day.
2. Strikes expected to organize at
localities where are happening activities aiming to prevent, remedy
consequences of calamities, fires, epidemics or emergency cases in accordance with law.
3. Strikes happen at localities
where appear calamities, fires, epidemics or emergency cases in accordance with
law.
4. Strikes happen to the third day
at units providing services of electricity, water, public sanitation causing
affect to the environment, living conditions and health of people in cities of
provinces.
5. Strikes happen together with
acts of violence, disturbing, affecting to assets, life of investors, causing
insecurity, public disorder, affecting to activities of communities at place
happening strikes.
Article 9.
Procedures for postponing strikes
1. Procedures for postponing
strikes are provided as follows:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
A request for postponement of
strike sent to the President of the provincial People’s Committee includes:
Name of enterprise where labor collectives make strike; tentative location for
strike; tentative time for beginning strike; requirement of labor collectives;
necessary reason for postponement of strike; proposals for postponement of
strike, time limit for postponement of strike and measures to implement
decision on postponement of strike of the President of the provincial People’s
Committee;
b. Based on proposals of Director
of the provincial Department of Labor – Invalids and Social Affairs, the
President of the provincial People’s Committee shall issue decision on
postponement of strike and immediately report to the President of the
district-level People’s Committee, chairperson of the provincial Confederation
of Labour, chairperson of Labor arbitration Council and the grassroots Trade
Union Executive Committee or the direct superior Trade Union for grassroots
where the grassroots Trade Union has not been established and the employer at
the place where strike is expected to happen.
2. Within 48 hours, after the
Director of the provincial Department of Labor – Invalids and Social Affairs
receives decision on strike of the grassroots Trade Union Executive Committee,
the President of the provincial People’s Committee must issue decision on
postponing the strike.
3. Within 24 hours, after
receiving decision on postponing the strike of the President of the provincial
People’s Committee, relevant agencies and organizations must implement the
postponement of strike.
Article 10.
Procedures for suspending strikes
1. Procedures for suspending
strikes shall comply with the following provisions:
a. When considering that the
strike happening falls in one of cases specified in clause 3, clause 4 and
clause 5 Article 8 of this Decree, the district Division of Labor – Invalids
and Social Affairs shall report the suspension of strike to the President of
the district-level People’s Committee;
b. After receiving report of the
district Division of Labor-Invalids and Social affairs, the President of the
district-level People’s Committee shall consider to propose the President of
the provincial People’s Committee for decision on suspending strike, and send
to the Director of the provincial Department of Labor-Invalids and Social
affairs.
A request for suspension of strike
sent to the President of the provincial People’s Committee includes: Name of
enterprise happening strike; location of strike; time of beginning strike;
scope happening strike; quantity of employee participating in strike; requirement
of labor collectives; reason for suspension of strike; proposals for
suspension of strike and measures to implement decision on suspension of
strike of the President of the provincial People’s Committee;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d. Based on proposal for
suspension of strike of the President of the district-level People’s Committee,
opinion of the Director of the provincial Department of Labor-Invalids and
Social affairs, the President of the provincial People’s Committee shall consider
and decide on suspension of strike.
Decide on suspension of strike of
the President of the provincial People’s Committee must be informed immediately
to the President of the district-level People’s Committee, Director of the
provincial Department of Labor – Invalids and Social Affairs, chairperson of
the provincial Confederation of Labour, chairperson of Labor arbitration
Council and the grassroots Trade Union Executive Committee or the direct
superior Trade Union for grassroots where the grassroots Trade Union has not
been established and the employer at the place where strike is happening for
implementation.
2. Within 12 hours, after the
President of the district-level People’s Committee receives report of the
district Division of Labor-Invalids and Social affairs, the President of the
provincial People’s Committee must issue decision on suspending strike.
3. Within 12 hours, after
receiving decision on suspending the strike of the President of the provincial
People’s Committee, relevant agencies, organizations and individuals must
implement the suspension of strike.
4. Within 48 hours, after
receiving decision on suspending the strike of the President of the provincial
People’s Committee, the President of the district-level People’s Committee must
report on result of suspension of strike to the President of the provincial
People’s Committee.
Article 11.
Resolving requirement of labor collectives when postponing, suspending strike
In time of implementing the
decision on postponing or suspending strike of the President of the provincial
People’s Committee, Labor arbitration Council implement conciliation of labor
disputes in accordance with labor laws.
If conciliation is not sucessful,
and time limit for postponing or suspending strike is expired according to
decision of the President of the provincial People’s Committee, the Trade Union
Executive Committee may further organize the strike but it must notify in
writing for the employer, the provincial labor state management agencies and
the provincial Trade Union at least 05 working days before beginning the
continuing of strike.
Article 12.
Rights and responsibilities of the employees when suspend strike
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. After the Trade Union Executive
Committee requests the employees for suspension of strike in accordance with
the decision of the President of the provincial People’s Committee, the
employees who are fail to return for working shall not be paid salary and
depend on seriousness of violations, they may be disciplined in accordance with
labor regulations and other regulations of law.
Chapter 4.
IMPLEMENTATION
PROVISIONS
Article 13.
Effect
1. This Decree takes effect on
July 01, 2013.
2. The Government’s Decree No.
133/2007/ND-CP, of August 08, 2007 detailing regulations and guidelines on the
Laws amending the Labour Code regarding labour dispute resolution, the
Government’s Decree No. 12/2008/ND-CP, of January 30, 2008, detailing and guiding the implementation of article 176 of the Labor
Code on postponement or suspension of strikes and settlement of labor
collective interests cease to be effective on the effective date of this
Decree.
Article 14.
Responsibilities for implementation
1. The Minister of Labor, Invalids
and Social Affairs shall guide inplementation of this Decree.
2. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, and
presidents of provincial/municipal Peoples Committees shall implement this
Decree.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung