The process for handling strikes was not carried out according to proper procedures.
(Baonghean.vn) - Question: After the Lunar New Year, strikes occurred at several units in Nghe An. To prepare preventative measures at businesses, please tell us: When a strike occurs that does not follow the procedures stipulated by law, which agency should the business report it to, and what is the authority responsible for resolving such strikes?[email protected])
Reply:
According to Article 4 of 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, regarding the process and authority for resolving strikes...strikeThe following actions were not in accordance with the procedures and regulations prescribed by law in the area:
1. Upon detecting signs or intentions of a strike at an enterprise, the employer must promptly notify the People's Committee of the district where the enterprise is located and the Management Board of the Southeast Economic Zone.(for businesses in industrial zones); directly work and engage in dialogue with employers to consider, research, and find solutions to address the legitimate needs of workers.
2. Upon receiving information about a workers' strike occurring at an enterprise, the People's Committee of the district where the enterprise is located or the Management Board of the Southeast Economic Zone shall...(for businesses in industrial zones)An inter-agency task force should be urgently established and immediately dispatched to the scene to stabilize the security and order situation; promptly detect and prevent any acts of violence; and take quick and effective measures to prevent the strike from spreading to neighboring areas. At the same time, a report on the relevant situation should be submitted to the Provincial People's Committee to proactively develop solutions.
a) For businesses under the management of the District People's Committee, a district-level inter-agency working group shall be established, headed by a leader of the District People's Committee, and representatives from the District Labor Union and the District Fatherland Front Committee shall be invited to participate in the working group.
b) For businesses located within the industrial park, an inter-agency working group shall be established, headed by a leader from the Southeast Economic Zone Management Board, and shall invite representatives from the district-level People's Committee, relevant district-level departments and agencies, the district-level Labor Federation, the district-level Fatherland Front Committee where the business is located, and the Southeast Economic Zone Trade Union to participate in the working group.
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The Southeast Economic Zone Trade Union stabilized the situation during a strike. Photo: PV |
3. When complex and protracted cases exceed the resolution capacity of the District People's Committee or the Management Board of the Southeast Economic Zone, the District People's Committee or the Management Board of the Southeast Economic Zone shall report to the Provincial People's Committee to establish a provincial-level inter-agency working group to participate in resolving the case. The Department of Labor, War Invalids and Social Affairs shall advise the Provincial People's Committee on the establishment of the group and invite relevant parties.Provincial Labor UnionJoin the working group.
4. The provincial-level inter-agency task force quickly approached the scene of the strike to coordinate, guide, and support the district-level People's Committee and the Southeast Economic Zone Management Board in continuing to resolve the issue.
5. In cases where the matter is complex and exceeds the authority of the provincial-level inter-agency working group, the head of the provincial-level inter-agency working group must immediately report to the Chairman of the Provincial People's Committee for guidance on how to resolve it.
6. In cases where there are signs of the strike escalating into security and order disturbances or riots, the Provincial Police Department shall advise the Provincial People's Committee to direct relevant local departments and agencies to quickly reinforce forces with sufficient strength, with the Police, Military, and Border Guard forces as the core, to prevent and resolve the incident according to the "four on-the-spot" principle, ensuring the early stabilization of security and order in the area.
DEPARTMENT OF LEGAL POLICY AND LABOR RELATIONS
NGHE AN PROVINCE FEDERATION OF LABOR
Tel: 0919.742.006; 0375.037.037
