THE GOVERNMENT

Decree No. 46/2013/ND-CP of May 10, 2013, detailing a number of articles of the Labor Code regarding labor disputes
THE GOVERNMENT
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 a number of articles of the Labor Code regarding labor disputes.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation

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This Decree provides criteria for, and competence to appoint, labor conciliators; postponement and cancellation of strikes, and settlement of rights and benefits of employees’ collectives in case of postponement or cancellation of strikes.
Article 2. Subjects of application
1. Labor conciliators appointed by competent agencies.
2. Employees defined in Clause 1, Article 3 of the Labor Code.
3. Employers defined in Clause 2, Article 3 of the Labor Code.
4. Representative organizations of grassroots-level employees’ collectives defined in Clause 4, Article 3 of the Labor Code.
5. Agencies, organizations and individuals related to the implementation of criteria for, and competence to appoint, labor conciliators, postponement and cancellation of strikes, and settlement of rights and benefits of employees’ collectives in case of postponement or cancellation of strikes.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Labor conciliator means a person who is appointed by the chairperson of the provincial-level People’s Committee for a 5-year term to conciliate labor disputes and disputes over vocational training contracts in accordance with law.

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2. Postponement of a strike means delaying the starting time of a strike fixed by a trade union executive committee in its strike decision which has been sent to the employer, the provincial-level state management agency of labor and the provincial-level trade union to another time under the decision of the chairperson of the provincial-level People’s Committee.
3. Cancellation of a strike means stoppage of an ongoing strike until there is no more risk of causing serious damage to the national economy and public interests under the decision of the chairperson of the provincial-level People’s Committee.

 

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