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The Law 74/2006/qh11: Modifying, Supplementing Some Articles Of The Labor Code

Original Language Title: Luật 74/2006/QH11: Sửa đổi, bổ sung một số điều của Bộ luật Lao động

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LAW on amendments and supplements to some articles of the labour code pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was amended and supplemented by resolution No. 51/2001/QH10 on 25 December 2001 of the Xth Congress, session 10;
This law amending and supplementing some articles of Chapter XIV of The labor law on June 23, 1994 was amended and supplemented by the law on amendments and supplements to some articles of the labor code on 02 April 2002.
Article 1.
Additional amendments to chapter XIV of The labor law on labor disputes such as the following: "chapter XIV LABOR DISPUTES section I GENERAL PROVISIONS Article 157 1. The labor dispute is the dispute about rights and interests arising out of labour relations between workers, labour collective with the employers.
Labor disputes including personal labor disputes between workers with employers and collective labor disputes between the labour collective with the employers.
2. collective labor disputes on the right is the dispute over the implementation of the provisions of the labour law, collective labor agreement, labor regulations have been registered with the competent State agencies or the Statute, other legal agreements in business that the labor collective for that the employer violated.
3. collective labor disputes about benefits is the dispute about the labour collective required establishing new labor conditions compared with provisions of labor law, collective labor agreement, labor regulations have been registered with the competent State agencies or regulations , other legal agreements in enterprises in the process of negotiations between the labor collective with the employers.
4. the labour collective are the employees working together in an enterprise or a part of the business.
5. new labour conditions is modifying, supplementing the labor collective agreement, salary, bonus, income, labour norms, the working hours, rest time and other benefits in the business.
Article 158 the resolution of labor disputes was conducted according to the following rules: 1. direct negotiations, mediation and decision of the two parties in dispute where the dispute arises;
2. Through conciliation, arbitration on the basis of respect for the rights and interests of the two parties to the dispute, to respect the general interest of society and obey the law;
3. Solve the public, objective, timely, prompt and proper law;
4. The involvement of workers ' representatives and the employer representative in the dispute resolution process.
Article 159 1. The Agency, the organization responsible for creating favorable conditions for the two sides to resolve the labour dispute through negotiation, conciliation to ensure the interests of the two parties to the dispute, stability of production, sales, order and social safety.
The resolution of the labor dispute at the Agency, organization, labor disputes are conducted when one side refuses to negotiate or that the two sides have negotiated that still does not resolve and one or two parties petition to resolve labor disputes.
2. Union grants on the basis of the Union's responsibility to guide, support and assist the Executive Committee of the Union base or collective labour representation is regulated in article 172a of this law in the resolution of labour disputes in accordance with the provisions of the law.
3. In the event of collective labor disputes on rights lead to temporary stop the labor collective of the competent State bodies to be proactive, timely progress.
Article 160 1. In the process of resolving the labor dispute, the two parties have the following rights: a) either directly or through his representative participated in the dispute resolution process;
b) withdraw or change the content dispute;
c) ask instead who directly conduct dispute resolution, if there is good reason for that person that cannot guarantee the objectivity, fairness in the resolution of disputes.
2. In the process of resolving the labor dispute, the two parties to the dispute have the following obligations: a) provide adequate documentary evidence as requested by the Agency, the Organization of labor disputes;
b) strictly observance of the agreements already reached, the conciliation proceedings, the decision has the effect of Agency, organized labor dispute resolution, decision or judgment has the effect of people's courts.
Article 161 bodies, organized labor disputes within the scope of the task, their powers have the right to ask the two parties to the dispute, agency, organization, the PMS provide documents and evidence; referendum, invite witnesses and persons involved in the process of resolving labor disputes.
Article 162 1. The Council of labor reconciliation basis must be established in the Union business base or the provisional Trade Union Committee.
The composition of the Board of conciliation of labour basis consists of equal representatives of parties and party workers who employers. The two parties may agree more selection board members participate.
2. The term of the labor settlement Council facility is two years.
Representatives of each side of the rotating Presidency, the Secretariat of the Council. The Council of labor reconciliation basis to work under the principle of agreement and agreed.
3. The employers to ensure the necessary conditions for the activities of the Council of the labor settlement basis.
4. labor Reconciliation Council basis reconcile labor disputes prescribed in article 157 of this code.
Article 163 labor mediators led by the labour authorities of the district, the County, towns and cities in the elections to reconcile labor disputes prescribed in article 157 of this code, to implement the contract of apprenticeship and vocational costs.
Article 164 1. The labour arbitration board by the provincial people's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee) formed, consisting of members who are dedicated and Chief Representative of the labor Agency, the unions, the employers and representatives of the law society or who have experience in the field of labour relations in local.
2. The number of members of the labour arbitration board is odd and not more than seven people. The President and Secretary to the Council is representative of the provincial labour authority.
3. The term of the labour arbitration board is three years.
4. the labour arbitration Council reconcile the collective labor disputes on the benefits provided for in paragraph 3 to article 157 and collective labor disputes prescribed in article 175 of this law.
5. labour arbitration board decision on reconciliation projects according to the principle of majority, by voting.
6. provincial people's committees ensure the conditions necessary for the operation of the labour arbitration board.
Section II JURISDICTION and PROCEDURES for RESOLVING INDIVIDUAL LABOR DISPUTES Article 165 bodies, competent organization to solve individual labor disputes include: 1. labor Reconciliation Council base or mediators of labor;
2. People's courts.
Article 165a labor conciliation Council or labor mediators reconcile individual labor disputes according to the following rules: 1. The time limit of conciliation is not more than three working days from the date of receiving the petition for reconciliation;
2. At the session of conciliation must be present either side of the dispute. The parties to the dispute may send representatives authorized by them to join reconciliation session.
The Council of labor settlement basis or labor mediators make reconciliation for the two sides to consider.

The case of the two sides to accept the reconciliation approach the Council reconcile labor base or mediators of labor established the settlement thereon, signed by the two parties to the dispute, by the Chairman and the Secretary of the Council of the labor settlement basis or mediators of labor. The two parties have the obligation to accept the agreements recorded in the minutes of settlement.
The case of the two parties do not accept reconciliation approach or a party to the dispute has been duly summoned to the second that is still absent without good reason, the labor settlement Council base or mediators of labor created a reconciliation does not have the signature of the parties to the dispute to be present , of Presidents and Secretaries of labor settlement basis or mediators of labor.
A copy of the minutes of the conciliation or conciliation does not have to be submitted to the two parties to the dispute within one working day from the date of establishment of the minutes;
3. where conciliation fails or the expiry settlement under the provisions of paragraph 1 of this article that the Council reconcile labor base or labor mediators do not reconcile each have the right to request the courts to resolve.
Article 166 1. The people's courts to resolve the labor dispute that personal Reconciliation Council labor base or mediators of labor conciliation fails or does not resolve within the time limit specified in paragraph 1 of this law 165a Thing.
2. People's courts to resolve the labor dispute following individuals that are not required to pass reconciliation in the Base: a) disciplinary disputes on labor in the form of layoffs, or about the case of unilateral termination of labor contract;
b) dispute about compensation, subsidies when terminating labor contracts;
c) disputes between the families with the employers;
d) disputes on social insurance provisions in point b item 2 Article 151 of this law;
DD) compensation disputes between workers and enterprises, the Organization's career included laborers working abroad under contract.
3. Employees are exempt from court fees in litigation activities to claim wages, loss of job subsidies, retrenchment, social insurance, compensation of labor accidents, occupational diseases, to solve the problems of compensation for damages or because of being fired, terminated the employment contract unlawful.
4. When the trial, if the courts discovered employment contract contrary to the collective labor agreement, labor law; collective labor agreement, labor regulations, statutes, other agreements contrary to labour law shall declare the labour contract, collective labor agreement, labor regulations, statutes, other agreements null and void in whole or part.
5. The Government specifies the resolution for the case of employment contracts, collective labor agreement, labor regulations, bylaws, agreements were declared invalid the provisions in paragraph 3 to article 29, paragraph 3 Article 48 of this law and paragraph 4 of this Article.
Article 167 time required to resolve individual labor disputes are defined as follows: 1. One year from the date of that behavior occurring each side disputed that their interests, rights been violated with respect to labor disputes prescribed in points a, b and c of paragraph 2 Article 166 of this Act;
2. One year from the date of discovery of the behavior that each party to the dispute for that right, his interests are violated with respect to the dispute specified in point d of paragraph 2 Article 166 of this Act;
3. Three years after the date of the behavior that each party to the dispute that their interests, rights violated in respect of disputes stipulated in point 166 of the Article 2 paragraph Ridin this law;
4. Six months from the date of that behavior occurring each side disputes that their interests, rights violated with regard to other disputes.
Section III the JURISDICTION and PROCEDURES for RESOLVING COLLECTIVE LABOUR DISPUTES Article 168 bodies, competent organization to resolve labor disputes about collective rights include: 1. labor Reconciliation Council base or mediators of labor;
2. The Chairman of the district people's Committee, district, town, city in the province (hereinafter referred to as the President of the people's Committee of the district level);
3. People's courts.
Article 169 bodies, competent organization to resolve collective labor disputes about benefits include: 1. labor Reconciliation Council base or mediators of labor;
2. the labour arbitration Council.
Article 170 1. The selection board reconcile labor base or mediators of labor disputes by collective labor collective labour and labour users decide.
The sequence of conciliation of collective labour disputes is done according to the provisions in clause 1 and clause 2 of this law 165a Thing.
The case of conciliation fails, then in the minutes must specify the type of collective labor disputes.
2. In the event of conciliation failing or expiry settlement under the provisions of paragraph 1 of this law which 165a Thing the Council reconcile labor base or labor mediators do not reconcile each have the right to request the President of the district-level people's committees to resolve for cases of collective labor disputes on the rights or claims The labour arbitration board to resolve for collective labor disputes about interests.
170a thing 1. Chairman of people's Committee of the district level have the right to proceed to resolve collective labor disputes on the rights according to the following rules: a) the time limit for resolution is no more than five working days from the date of receiving the petition to solve;
b) at the meeting to resolve collective labor disputes on the rights to present the competent representatives of the two parties to the dispute. Where necessary, the Chairman of people's Committee of the district level offers superior Union representatives of the Union and the agency representatives, relevant organizations attended the session.
Chairman of people's Committee of the district level based on the labor law, collective labor agreement, labor regulations were registered and the Statute, other legal agreements to consider, handle for violations of law by the parties.
2. After the Chairman of people's Committee of the district level has settled that the two sides still dispute or expiry settlement stipulated in art. 1 of this article that the President of the people's Committee of the district level do not solve, each party has the right to request the courts or labour collective has the right to conduct the procedure to strike.
What courts the 170b, central cities (hereafter referred to collectively as the provincial people's Court) has jurisdiction to resolve collective labor disputes on the rights. Order and procedure for resolving collective labour disputes about rights in the courts is made according to the provisions of the code of civil procedure.
Article 171 the labour arbitration Council to reconcile the collective labour dispute of the benefits according to the following rules: 1. The time limit of conciliation is not more than seven working days from the date of receiving the petition for reconciliation;
2. At the session to resolve collective labour disputes about the benefits must be competent representatives of the two parties to the dispute. Where necessary, the labour arbitration Council invited Union representatives on the upper level of the Union and the agency representatives, relevant organizations attended the session.
The labour arbitration Council make reconciliation for the two sides to consider.
The case of the two parties accepted the reconciliation plan, the labor arbitration councils set up a reconciliation, signed by the two parties to the dispute, by the Chairman and the Secretary of Labor Arbitration Council. The two parties have the obligation to accept the agreements recorded in the minutes of settlement.

The case of the two parties do not accept reconciliation approach or a party to the dispute has been duly summoned to the second that is still absent without good reason, the labor arbitration councils set up a reconciliation failed, signed by parties to the dispute, by the Chairman and the Secretary of Labor Arbitration Council.
A copy of the minutes of the conciliation or conciliation does not have to be submitted to the two parties to the dispute within one working day from the date of establishment of the minutes;
3. where the labour arbitration Council conciliation fails or the expiry settlement prescribed in clause 1 of this article that the labour arbitration board does not reconcile the labor collective has the right to conduct the procedure to strike.
Article 171a time required to resolve collective labour disputes is one year from the date of that behavior occurring each side disputes that his rights and interests are violated.
Article 171b while bodies, competent organizations are conducting the labor dispute resolution, then neither party act unilaterally against the other party.
Section IV the STRIKE and RESOLVE the STRIKE Article 172 strike is the stop the temporary, voluntary and organized labor's collective to resolve collective labour disputes.
Article 172a strikes are due to Trade Union Committee of the Executive Board or the basis of the provisional Trade Union (hereinafter referred to as the Executive Board of the Union base) Organization and leadership. For business not have Trade Union Committee of the basis of the Organization and leadership of the strike must be representative of the labor collective and the elections have been announced with the Union district, district, town, city in the province or equivalent (hereinafter referred to as the workers collective representation).
Article 173 strikes in one of the following circumstances is illegal: 1. Do not arise from the collective labor disputes;
2. do the employees work together in a business conduct;
3. When the collective labor dispute have not been or are being held, the Agency resolved under the provisions of this law;
4. Don't take the opinions of workers on strike under provisions of article 174a or violation of the procedure prescribed in clause 1 and clause 3 of this Act 174b Thing;
5. The organization and leadership of the strike do not comply with the provisions of article 172a of this law;
6. Proceed in the business not to strike in the category due to government regulations;
7. When it had decided to delay or stop the strike.
Article 174 Executive Board of the Union base or collective labor representatives have the right to proceed with the procedure specified in article 174a and Điều174b of this law to strike in the case prescribed in clause 2 of this code which 170a collective labour does not require courts to resolve, or in the case provided for in paragraph 3 to article 171 of this law.
Article 174a 1. The Executive Committee of a trade union or representative poll workers to strike according to the following rules: a) for business or corporate Division has under three hundred workers then direct poll of workers;
b) for business or business departments from three hundred employees or more, the opinions of members of the Executive Board of the Union base, the head of the delegation and Secretary of the nest production; the case has no basis, the Union took the opinion of the supervisor, the Deputy of the nest.
2. The organization of ideas may be done by vote or get a signature.
Time and form of the organization took comments by the Executive Committee to strike the Union base or collective labor representative decision and must notify the employer know in advance as little as a day.
3. content comments to strike include: a) The content of the provisions in points a, c and d of paragraph 3 of this Act 174b Thing;
b) agreeing or not agreeing on strike.
174b thing 1. The Executive Committee of a trade union representative or collective basis workers decided to strike and created a request when the opinion of over 50% of the total number of employees for business or corporate Division has under three hundred employees or on 75% of the people are consulted for business or business division from three hundred people Labor is over.
2. The decision to strike is clearly the beginning of a strike, the strike, there is the signature of the representative trade union Committee of the facility or the labor collective representation; the case is representative of the Trade Union Committee of the base must seal of union organizations.
3. A request to have the following principal contents: a) The problem of collective labor disputes has been the Agency held to resolve collective labour but did not agree;
b) poll results agree to strike;
c) time of start of strike;
d) strike locations;
DD) address contact person needs to solve.
4. At least five days before the start of the strike, the Union Executive Board basis or collective labour representation to representation at most three people to confer the decision on strike and a requirement for the employer, at the same time send a copy to the provincial labour authority and one copy to the provincial labour federations.
5. To start the strike have been notice specified in point c of paragraph 3 of this article, if the employer does not accept the request, the Executive Committee of a trade union or representative of labor organization and leaders of the strike.
Article 174c before the strike and during the strike, the Executive Committee of a trade union or collective labour representative, the employer has the right to the following: 1. Proceed to negotiate or propose the labor agencies, labor unions and representatives of the local employers or agencies other organizations, reconcile;
2. The Executive Committee of the Union base or collective labor representatives have the right to decide: a) conducted a strike in both businesses or parts of businesses;
b) to change the decision, a request or withdraw the decision to strike, a request;
c) to terminate the strike;
d) required the Court to review the legality of a strike or labor dispute resolution on collective rights.
3. The employer has the right to decide: a) to accept the whole or part of the content of a request and notified in writing to the Executive Committee of the Trade Union or labour collective representation;
b) asking the Court to review the legality of a strike or labor dispute resolution on collective rights.
What 174d during strikes workers have the following rights: 1. The workers did not join the strike but had to stop work because of the strike, then stop paying the prescribed in clause 2 Article 62 of this law and other benefits under the provisions of labour law;
2. Workers joined the strike are not paid salaries and other benefits as prescribed by the law, except where the two parties have agreed otherwise;
3. Trade Union officials, in addition to the time to be used as defined in paragraph 2 of this Law 155 Thing to do Union work longer time off work for at least three days but still be paid to participate in the settlement of collective labour disputes in the business.
Article 174 Ridin The following behavior is prohibited before, during and after the strike: 1. Obstructing the implementation of the right to strike or to excite, entice, coerce workers strike; hinder workers did not join the strike go to work;
2. Use of violence; damage of machinery, equipment, assets of the business;

3. Violate the order, the public safety;
4. Termination of the labour contract or disciplined workers for workers, the strike leader or movement of workers, the strike leaders to do other jobs, going to work elsewhere because of strike preparations or participate in strikes;
5. in retaliation, revenge for the workers to join the strike, strike leader;
6. Arbitrary termination of business activities to fight the strike;
7. Taking advantage of the strike to make violations of the law.
Article 175 was not on strike in some businesses provide the products, utilities and businesses essential to the economy or national security, according to the Defense portfolio because of government regulations. The State Agency must periodically organized to hear the opinion of the representative labour and employers in this business to timely help and address the legitimate requests of the labour collective. In the case of collective labour disputes, the labour arbitration Council resolution. If one or both parties do not agree with the decision of the labour arbitration board have the right to request the courts to resolve.
Article 176 When deems strikes are at risk of serious harm to the national economy, the public interest, the Prime Minister decided to postpone or stop strikes and delivered to the State bodies, organizations that have jurisdiction.
The Government regulation on delayed or stopped the strike and resolve collective labour rights.
Article 176a 1. During the strike, or within three months from the date of termination, each party has the right to apply to the Court to request the legality of strikes.
2. The petition must contain the following major contents: a) the day, month, year of make the petition;
b) Name the courts accepting;
c) the name, address of the requester;
d), last name, address of the leaders of the strike;
DD) name and address of the employer;
e) the name, address of the business, where the labor collective strike;
g) content requires the Court to resolve;
h) other information that people request it deems necessary for the resolution.
3. The requester or their authorized representative must sign the petition. The case has a single Trade Union Executive Board is the basis or the employers pay the Organization's stamp on the menu.
4. The request to send copies of the attached decision to strike, a decision, requirement or a reconciliation of the Agency, the competent organization to resolve collective labour dispute, documentary evidence related to the legality of the strike.
Article 176b filing procedure, receive applications, the obligation to provide documents and evidence for the review and decision on the legality of the strike at the Court made a similar filing procedure, receive applications, the obligation to provide documents and evidence in the Court under the provisions of the code of civil procedure.
Article 177 1. The people's courts have jurisdiction to review the legality of a strike is the provincial people's Court where the strike occurred.
2. The Court of appeal of the Supreme People's Court has the authority to resolve complaints against a decision on the legality of the strike of the provincial people's Court.
Article 177a 1. The legality of a strike is composed of three judges.
2. The Council of complaints against a decision on the legality of a strike is composed of three judges.
177b thing the agency conducting the proceedings, the proceedings are conducted and the change of the person conducting the proceedings taken under the provisions of the code of civil procedure.
Article 177c 1. Immediately after receiving the petition, the Chief Justice of the provincial people's court assigned a judge responsible for resolving the petition.
2. within five working days from the date of receipt of the petition, the judge is assigned to one of the following decisions: a) Put the legality of the strike out of consideration;
b) suspend the legality of strikes.
3. within three working days from the date of the decision to put the legality of a strike out or review the legality of the strike, the Court must submit the decision for either side of the dispute.
Article 177d the Court of the legality of a strike in the following cases: 1. The request to withdraw the petition;
2. The two sides agreed to be together on resolving the strike and have petition the courts don't resolve.
Article 177 VND 1. Within five working days from the date of the decision to review the legality of the strike, the courts must open the session to review the legality of the strike.
2. The participants of the session considering the legality of the strike include: a) the legality of a strike by judges assigned responsible presided;
b) representatives of the two parties to the dispute;
c) represent the Agency, held at the request of the courts.
177e thing 1. The postponed session consider the legality of a strike is applied similarly to the provisions of the code of civil procedure regarding the postponement of the trial.
2. The deadline postponed the session considering the legality of the strike do not exceed three working days.
Article 177g the order of reviews the legality of the strike shall be as follows: 1. the presiding Council of the legality of the strike presented the process of preparing and conducting the strike;
2. Representatives of the two sides dispute presented their opinions;
3. the presiding Council of the legality of the strike may request the agency representatives, the organization participated in the session presenting comments;
4. The Council reviews the legality of the strike talk and decided by majority.
178 1 thing. The decision of the Court about the legality of a strike is clearly a strike is lawful or unlawful strikes.
When concluding the strike is illegal, they must clearly state the case of illegal strikes. In this case, the labor collective must stop immediately the strike and return to work slowly for a day, the day after the Court announced the decision.
2. With regard to collective labor disputes on the rights of the parties have the right to sue the court settlement required under the provisions of the civil procedure law.
3. The decision of the Court specified in paragraph 1 of this article are effective immediately and must be sent immediately to either side of the dispute. The decision of the Court was submitted to the people's Procuratorate at the same level within a period of five working days from the date of the decision.
Article 179 1. When there was a decision of the Court about the strike is illegal but relentless workers on strike, don't go back to work, then depending on the extent the violation may be punished under the labor regulations of the labour law.
In case the strike was illegal, causing damage to the employer, the Organization, individuals involved in strikes at fault must compensate for damages under the provisions of the law.
2. The advantage of the strike to cause public disturbance, damaging machinery and equipment, the assets of the business; who acts impedes implementation of the right to strike, Excite, entice, coerce workers strike; people behaving retaliation, revenge the strike, leaders of the strike, then depending on the extent possible violations dealt with administrative violations or prejudice criminal liability; If the damage is compensated according to the provisions of the law.

3. In the process of resolving the strike, if the courts discovered the employers have violations of the labor law, the requesting competent authority processing the violation under the provisions of the law.
Article 179a 1. Within three working days, from the day the Court announced the decision on the legality of the strike, both sides have the right to file a complaint over the Court of appeal of the Supreme People's Court about that decision.
2. Immediately after receiving the application, the Court of appeal of the Supreme People's Court must have a written request to the Court was considering the legality of the strike moved the record to consider, resolve.
3. within three working days from the date of receiving the written request, the Court was considering the legality of the strike must transfer the entire case record onto the Court of appeal of the Supreme People's Court to consider and resolve.
4. within five working days from the date of receiving the records legality of the strike, a collective consisting of three judges led by Chief Justice of the Court of Appeals Tribunal of the Supreme People's Court indicated to proceed with complaints. The decision of the Court of appeal of the Supreme People's Court's final decision on the legality of the strike. "2.
This Act has effect from 1 July 2007.
The provisions on the settlement of the strike of the Ordinance on procedures for settling labour disputes on 11 April 1996 expired from the day this law is in effect.
Article 3.
The Government, the Supreme People's Court to the extent of his powers, duties detailing and guiding the implementation of this law.
This law was the National Assembly of the Socialist Republic of Vietnam, the POKER session key through October 29, 2006.