Decree 41/2013/nd-Cp: Detailed Provisions Enacted 220 Of The Labor Code On Unit Category Of Employers Are Not On Strike And Resolve Collective Labor's Request In. ..

Original Language Title: Nghị định 41/2013/NĐ-CP: Quy định chi tiết thi hành Điều 220 của Bộ luật Lao động về danh mục đơn vị sử dụng lao động không được đình công và giải quyết yêu cầu của tập thể lao động ở ...

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THE GOVERNMENT.
Number: 41/2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 8, 2013

DECREE

Regulation of the implementation of Article 220 of the Labor Code of the

The unit using labor is not suspended and the collective requirements of the collective.

labor in the unit of labor use is not suspended.

_________________________

Government Law Base December 25, 2001;

The Labor Code base on June 18, 2012;

At the suggestion of the Minister of Labour-Trade and Social Affairs;

The government issued a decree regulating the implementation of Article 220 of the Labor Code on the Unit of the Unit of Use of Labor not to strike and address the requirements of the labor collective in the unit using unsuspended labour, the government said.

What? 1. The adjustment range

This decree stipulated that the unit of the unit of employment was not suspended and resolved the requirements of the labor collective in the unit of labor that were not under strike.

What? 2. Subject applies

1. The employer, the worker, the Executive Committee of the junior union or the Executive Committee on the basis of the establishment of the facility where the base company has not been established.

The unit using non-strike labor is the business, agency, organization or division of the business, agency, the chartered organization, the use of labor under the regulation of the law of labor, activities in the industries, the essential sector for the economy. The nation ' s citizens whose strike can threaten security, defense, health, public order, including:

a) Power production has great power, electricity transmission and the terms of the national power system;

b) oil exploration and extraction; production, gas supply, gas; and

c) Secure the aviation, safety of the sea;

d) Provide telecommunications network infrastructure; postal services serving state agencies;

Supply of clean water, drainage, sanitation in the cities of the Central City;

e) Direct to security, defense.

2. Agency, organization, individual involved in the implementation of the Unit Catalogue of the labour use unsuspended and addressed the requirements of the labor collective in the unit of labor use unsuspended.

What? 3. The unit of unit use of labor is not suspended

It is accompanied by this decree that the unit of the unit of labour is not under strike.

What? 4. Resolve the requirements of the labor collective in the unit using labor is not suspended.

1. When receiving the request of the Executive Board of the facility or the Board of Subordinate Union on the basis of the establishment of the base union on the approval of the provisions of the labor law regarding the rights of the worker, the historian. Labour is responsible for corrects, and fully implementing relevant obligations under the laws of law.

2. When receiving the request of the Executive Corps Executive Board or the Board of Subordinate Unions on the basis of the establishment of the facility on the basis of the issue regarding the interests of the worker, the employer and the agencies, the organization, the fish, and the The following is responsible for the following:

a) The employer has the responsibility to hold the collective bargaining session with the Board of the Executive Corps or the Board of Subordinate Unions directly on the basis of the establishment of the facility under the provisions of the law on labour, at the same time. announced to the state governing body for district labour, county, town, province, province where the unit uses the labor-based employer to send in a labour league or to direct people to support the collective bargaining process; perform the contents of the government. was unified by the two sides shortly after the end of the collective bargaining session. The bargaining school is not, each with the text offering the Labour arbitration Council where the unit uses the labor-based labor unit to review, resolve;

b) In the 3-day period, since the date of the recommended recipient of the employer or the Board of the Executive Corps or the Executive Committee on a direct basis on the basis of the establishment of the facility, the arbitration council must conclude peace. It's the rules. The parties must implement immediately that the agreements have been reached in the reconciliation margin;

c) After 05 days, since the day the Council of Arbitration for the Arbitration of the Reconciliation into which one of the parties did not implement the agreement was reached or after 3 days, since the day the Council of Arbitration for the Reconciliation of the Agreement was not established. the grassroots union or the Executive Committee on a direct basis on the basis of the establishment of the basis of the basis of the establishment of the Department of Labor and Social and Social Affairs, where the employer is based on the headquarters and the company on the report of the Chairman of the Committee. The people of the province, the city of the Central Committee,

d) During the 05-day period, since the date received the report of the Department of Labor-Trade and Social Affairs on the petition of the labor collective, the Chairman of the Provincial People ' s Committee, the Central City-held city, in coordination with the president of the same level, the agencies. The officials of the province, the city and the ministry, the industry is the owner's owner, which is not suspended from the public office. The decision of the Chairman of the Provincial People ' s Committee, the Central City of Central City is the final conclusion that the two parties must accept.

3. For direct units serving defense, security, the case of employers and the Executive Corps Executive Board or the Executive Committee on a direct basis on the basis of the unfounded bargaining facility. then the employer report directly to the authorities on the authority to review, solve.

For a period of 5 days, since the date of the adoption of the employer's report, the upper-level authority has the authority to have the text to address the petition of the labor collective. The decision of the upper-level authority has jurisdiction to conclude the final two parties.

What? 5. Continue, address the requirement for the rights and benefits of the labor collective of the state governing body.

1. On the occasion of January 6, the Minister, the Prime Minister, the Cabinet Office, the Chairman of the People's Committee, the Central Committee of the provinces, the Central City of the Central Committee, or the legally authorized person, is responsible for coordinating with the union organization and representatives. The employer and the organization of the same institution, the employer, the employer, the employer, and the Executive Board in the unit of the labor force, is not suspended from the scope of the management, in order to promptly resolve the request. It's the work of the labourers.

2. The employer and the Executive Board of the grassroots union are responsible for reporting by text at the reception of the request for regulation at Clause 1 This article on the situation of the implementation of the labor law, employment, income of the worker, the request and the petition by the employer, the worker and the Executive Committee of the facility with the Minister, the Prime Minister, the Government of the Government, the Chairman of the Provincial People's Committee, the Central City of the Central Committee, or the authorized person to The solution to the resolution.

a) The minister, peer-agency chief, government agency in coordination with the Chairman of the Provincial Committee of the Provincial People, the Central City of the Central Committee or the legally authorized person where the ministry is owned by the ministry, the owner of the headquarters is headquartered and Chairman of the Committee. The Central Committee of the Central Committee, the Central Committee of the Central Committee, addresses the requirements for the rights and interests of the governing body of the administration under the following regulations:

a) For matters relating to the rights of labourers or labourers, it is required that the employer be able to rectify immediately;

b) For matters relating to the interests of the two parties, the employer and the Executive Board of the Company for the organization of the collective bargaining organization to resolve on the basis of consultation by the state governing body of labour, the organization of the person representing the body. They ' re using labor and the organization of the company. Where the negotiation is not successful, the two sides offer the Council of Labor arbitration where the unit of labor use the headquarters of the government is resolved under the provisions of Article 2 Article 4 of this decree;

c) directing the functional body to support bargaining, research, implementation of the petition of the labor collective and employers on the content involved in state management, while announcing the decision to address the problem to the employer of the employer. And the labor force in the unit using labor is not being heard, done.

What? 6. Organization to execute

1. General Manager, Unit Director of non-suspended labor-specific labor, the process of solving the collective requirements of the labor collective to each individual, organization in the unit in the internal unit, the statute of the unit and disseminship to the worker. to make.

2. The minister, the head of the peer-agency, the government agency, the Chairman of the People ' s Committee of the provinces, the Central City of the Central Committee, directed the units to use the labor unit of the unit category using unsuspended labor under the authority. management of the organization implemented by regulation at this Decree; reports of a 6-month periodic report and a return to the request for the situation to accept opinions and resolve the petition of the employer and the Board of Directors of the facility in the use of labor. It is not under the management of the Department of Labor and Social Affairs.

3. The Ministry of Labor-Trade and Social Affairs is responsible for presiding, in coordination with the ministries, the sector, the local examination, oversight of the implementation of the regulations at this decree; the annual periodic aggregation of the situation, the Prime Minister's report.

What? 7. Effect of execution

1. This decree came into effect on 23 June 2013.

2. Decree 122 /2007/NĐ-CP July 27, 2007 of the Government of the Government Regulation of the Enterprise is not suspended and the settlement of the request of the labour collective in the business is not suspended and the Digital Protocol. 28 /2011/NĐ-CP April 14, 2011 of the Government amended, the addition of the Enterprise Catalogue is not issued with the Digital Decree. 122 /2007/NĐ-CP July 27, 2007 the government expires since the date of this Decree is in effect.

What? 8.

The Minister, the Prime Minister of the Ministry, the Government of the Government, the Chairman of the Provincial People's Committee, the Central City of the Central Committee, and the units of the labor use of the Department of the Unit of the Unit of the Service, are not suspended. Hey.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung