The DECREE regulation on compensation in cases of unlawful strikes cause damage for the employers _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
The labor code base on 23 June 1994, the law on amendments and supplements to some articles of the labor code on November 29, 2006;
Considering the recommendation of the Minister of labor, invalids and Social Affairs, the DECREE: Chapter 1.
GENERAL PROVISIONS article 1. Scope of this Decree the provisions of liability in damages, the compensation level and form of compensation of the Organization, individuals involved in strikes causing damage to the employer in the case of the strike being declared people's courts are illegal under the provisions of paragraph 1 to article 179 of the labour code is modified additional, according to the law amending and supplementing some articles of the labor code on November 29, 2006 (hereafter abbreviated as the labor code).
The compensation for damage to property for the employers as defined in clause 2 Article 179 of the labour code are applied according to the provisions of the Civil Code regarding the compensation contracts.
Article 2. Application object 1. Trade Union Organisation, collective labor representatives, workers join strike damage for the employers in the strike were people's Court declared illegal.
2. The employers.
Article 3. The principle of compensation for damage 1. The damage must be compensated in full, promptly upon request.
2. The level of compensation is determined on the basis of actual physical damage.
3. Respect, encouraging the right to dispose of the party.
4. Guarantee the rights, legitimate interests of the employers, workers to maintain and develop the labor relations in enterprises.
5. The compensation is made by money, or by performing a job.
Chapter 2.
The PROVISIONS on COMPENSATION for LOSSES article 4. Compensation liability 1. Union facilities have led the strike being declared people's Court was illegal, causing damage to the employer who is responsible for damages.
2. In the event of a strike by the labor representative leader courts declared illegal, damaging, then the people who are elected to represent the labour collectives and the workers to join the strike to be responsible individuals as part of the implementation of the compensation obligation for the employers.
Article 5. Request compensation for damage 1. The employers have the right to organize trade unions stipulated in clause 1 article 4 of this decree or collective labor representatives and the workers to join the strike clause 2 article 4 of this decree must compensate for damages caused by illegal strikes. The required duration is one year from the date of the decision of the Court for the illegal strike force.
2. Claim for damages be made in writing, include the following principal contents: a) the value of the damage and the evidence demonstrating the value of damage;
b) claim Level;
c) compensation method;
d) time limit for making the claim.
3. The text of the claim for damages and other relevant documents be submitted to the trade union organization or labour collective representation led the strike, at the same time sent to the Department of labor, invalids and Social Affairs, the Labour Union of the central cities, where the strike occurred.
Article 6. Determined the damages to compensation for damage caused by illegal strikes cause includes business property damaged directly due to the stop of production, business because of strikes. In case the two sides disagree about the value of damage shall have the right to request the intermediary organization determine the value of the damage. The cost of valuation of damage caused by the party requesting the payment.
Article 7. The level of claims for damage compensation request Level is calculated on the basis of determining the damage as defined in article 6 of this Decree. The maximum compensation levels do not exceed three (3) months of salary, remuneration of adjacent before the strike took place according to the employment contracts of these employees joined the strike.
Article 8. Negotiate compensation levels in the business 1. Within 10 days from the date of the claim for damages, representative of the Executive Committee of the Trade Union or collective labor representatives have the right to ask the employer to conduct negotiations on the issue of compensation.
2. Request to proceed with negotiations was set in writing stating the time, place, conduct negotiations and addressed to the employer, the Department of labor, invalids and Social Affairs, the provincial Labor Union.
3. within three (3) days from when it received the request to conduct the negotiations, the employers are held to conduct the session to negotiate with the Trade Union Executive Committee representative or collective labour representation. The case is not yet negotiating organization may be, the employer must respond in writing, stating the reason and responsibility to determine the time for the next negotiations.
4. The two parties have the right to invite the representatives of the State administration of labour, local unions, representing the user in local labor join the negotiating session. The entire content of the negotiated session must be established thereon.
5. In this case, the two sides agreed on compensation, how the compensation for damage, the Executive responsible, unless agreed otherwise. The minutes of the session negotiation is the legal basis defining the rights and obligations of the parties involved have a responsibility to make compensation for damage.
Article 9. Petitioner requested compensation for the damage The employers have the right to sue the district-level people's Court where the strike claiming compensation for damage in case of: 1. The workers ' representatives refused to negotiate;
2. The negotiations do not achieve results;
3. the party has the obligation to compensate damage done right deal commitment to compensation for damage.
Article 10. Make compensation for damage 1. The case of Union facilities have led the strike being declared people's courts are illegal have to compensation for the use of labour compensation funding sources are retrieved from the assets of grassroots union organizations under the guidance of the Ministry of finance.
2. in case of collective labor representative leader of the strike were people's Court declared illegal the collective representation of workers and the workers to join the strike are responsible under section for damage caused to the employer.
For workers to join the strike, the compensation is deducted gradually into salaries, monthly wages of that person. The maximum deduction rate of once is not more than 30% of salary, wages, according to the employment contract of workers.
Case workers to terminate labor relations prior to the complete indemnity obligations, the remaining compensation is calculated as the debt of the employee against the employer.
Chapter 3.
The TERMS of the IMPLEMENTATION of article 11. Effective enforcement of this Decree has effect after 15 days from the date The report.
Article 12. Responsibilities and enforcement 1. The Ministry of labor, invalids and Social Affairs coordination bodies, related institutions guiding the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and agencies, organizations, individuals responsible for the implementation of this Decree.