Accordingly, a strike will be postponed or stopped in the following cases: (1) The strike scheduled on national holidays stipulated in the Labor Code or in localities where the State is hosting an international meeting; (2) The strike at enterprises providing public-interest products or services which can cause negative impacts on locals’ safety, health and life; (3) The strike at a national-level major projects under construction; (4) The strike in the emergencies of natural disasters or epidemics; and (5) The strike evolving far from the purposes proposed in the employees’ petition submitted by the labor union committee to the employer, provincial labor agency and provincial labor union.

Upon the reception of the PM’s decision to postpone or pause a strike, within one hour, the chairperson of the provincial people’s committee must inform the labor union committee (or representative of the employees) and the employer and observe the decision.

The postponement or pause will not last more than 50 days and 60 days in maximum respectively.

The provincial people’s committee chairperson is responsible for directly dealing with a strike in case it is caused by the conflict on rights, or he/she will ask the concerned sides to enter negotiations and conciliations, with the participation of the provincial labor agency and labor union, in case the strike is caused by the conflict on interests.

When the PM’s decision on the postponement or pause expires and the employer fails in properly handling employees’ legal requirements in line with the competent agencies, the employees have the right to continue the strike.

By Phương Uyên