Procedures for handling strikes that are not in accordance with procedures
(Baonghean.vn) - Question: After Tet, strikes occurred in some units in Nghe An. To prepare preventive measures for businesses, I would like to ask: When a strike occurs outside the order and procedures prescribed by law, which agency should the business report to, and what is the authority to resolve the strikes? ([email protected])
Reply:
According to the provisions of Article 4, the Regulations on coordination in resolving strikes that do not follow the procedures prescribed by law in Nghe An province, issued together with Decision No. 29/QD/2021/QD-UBND dated September 22, 2021 of the People's Committee of Nghe An province, on the process and authority to resolvestrikenot in accordance with the order and procedures prescribed by law in the area, as follows:
1. When detecting signs or intentions of a strike at an enterprise, the employer must promptly notify the People's Committee of the district where the headquarters is located and the Management Board of the Southeast Economic Zone.(for enterprises in industrial parks); work directly and dialogue with employers to review, research and find solutions to address the legitimate needs of employees.
2. Upon receiving information about a strike by workers occurring at an enterprise, the People's Committee of the district where the enterprise is headquartered or the Management Board of the Southeast Economic Zone shall(for enterprises in industrial parks)Urgently establish an interdisciplinary working group to immediately go to the scene to stabilize security and order; promptly detect and prevent any signs of extremism; take quick and effective measures to prevent the strike from spreading to neighboring areas. At the same time, report to the Provincial People's Committee on related situations to proactively take measures.
a) For enterprises under the management of the district-level People's Committee, an interdisciplinary working group at the district level shall be established, headed by a leader of the district-level People's Committee, and representatives of the district-level Labor Federation and the district-level Fatherland Front Committee shall be invited to participate in the working group.
b) For enterprises in industrial parks, an interdisciplinary working group will be established with a leader of the Southeast Economic Zone Management Board as the head of the group and representatives of the district-level People's Committee, relevant district-level departments and offices, the district-level Labor Federation, the district-level Fatherland Front Committee where the enterprise is headquartered, and the Southeast Economic Zone Trade Union will be invited to participate in the working group.
The Southeast Economic Zone Union stabilizes the situation at a strike. Photo: PV |
3. When the case is complicated and prolonged, beyond the ability of the District People's Committee and the Management Board of the Southeast Economic Zone to resolve, the District People's Committee and the Management Board of the Southeast Economic Zone shall report to the Provincial People's Committee to establish a provincial-level interdisciplinary working group to participate in resolving the case. The Department of Labor, War Invalids and Social Affairs shall advise the Provincial People's Committee to establish a group and inviteProvincial Federation of Laborjoin the working group.
4. The provincial interdisciplinary working group quickly approached the scene of the strike to coordinate, guide and support the district People's Committee and the Southeast Economic Zone Management Board to continue to resolve the incident.
5. In case the case is complicated and beyond the authority of the provincial interdisciplinary working group, the head of the provincial interdisciplinary working group must immediately report to the Chairman of the Provincial People's Committee for direction on how to resolve the matter.
6. In case there are signs of a shift from a strike to causing disorder and riots, the Provincial Police shall advise the Provincial People's Committee to direct relevant local departments, branches and sectors to quickly increase their forces, with the Police, Military and Border Guard forces playing the core role in preventing and resolving the incident according to the "4 on-site" motto to ensure early stabilization of security and order in the area.
LEGAL POLICY DEPARTMENT - LABOR RELATIONS
NGHE AN PROVINCE LABOR FEDERATION
Tel: 0919.742.006; 0375.037.037