Strike Procedures under Legal Regulations

Strike procedures under legal regulations are one of the crucial contents aimed at ensuring the rights of employees while maintaining the stability of labor relations and social order. Mastering the process and procedures for striking helps employees, employee representative organizations, and employers properly exercise their rights and obligations. The following article by Long Phan Consultants will provide information on strike procedures under current legal regulations.

What is a strike?

According to Article 198 of the Labor Code 2019, a strike is understood as the temporary, voluntary, and organized stoppage of work by employees to achieve demands in the process of resolving labor disputes, organized and led by the employee representative organization with the right to collective bargaining that is a party to the collective labor dispute.

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Those who are permitted to strike according to the law.

According to Article 198 and Clause 4, Article 202 of the Labor Code 2019, the entity with the right to organize and lead a strike is the employee representative organization at the grassroots level.

• Definition: This is an organization established on a voluntary basis by employees at an employer’s unit to protect the lawful and legitimate rights and interests of employees in labor relations through collective bargaining or other forms prescribed by labor laws.
• Composition: Employee representative organizations at the grassroots level include grassroots trade unions and employee organizations at the enterprise.

The entity with the right to lead a strike.

According to Article 198 and Clause 4 of Article 202 of the 2019 Labor Code, the entity entitled to organize and lead a strike is the employee representative organization at the workplace. This organization is established on a voluntary basis by employees at an employing unit to protect the legitimate rights and interests of employees in labor relations through collective bargaining or other forms as prescribed by labor law. Employee representative organizations at the workplace include the grassroots trade union and employee organizations within the enterprise.

Procedures for preparing and conducting a strike in accordance with the law.

Pursuant to Article 200 of the Labor Code 2019, the procedures involve the following steps:

Step 1: Preparation for Strike The preparation procedure sequentially involves collecting opinions on the strike, issuing a strike decision, and notifying the strike (Articles 201 and 202, Labor Code 2019).

• Collecting Opinions (Article 201):
  • Before proceeding, the representative organization must collect opinions from all employees or members of the leadership board of the representative organizations participating in the negotiation.
  • Content: Agreement/Disagreement to strike; Plan of the representative organization regarding the starting time, location, scope, and demands of the employees.
  • Method: Direct collection via ballot, signature, or other forms.
  • Notification: The time, location, and method must be decided by the representative organization and notified to the employer at least 01 day in advance. It must not affect normal production/business activities. The employer must not obstruct this process.
• Strike Decision and Notification (Article 202):
  • If over 50% of the collected opinions agree, the representative organization issues a written strike decision.
  • Decision Content: Results of opinion collection; Starting time/location; Scope; Demands; Name/address of the representative leading the strike.
  • Notification Deadline: At least 05 working days before the strike begins, the written decision must be sent to the employer, the Commune People’s Committee, and the specialized labor agency under the Provincial People’s Committee.

Step 2: Conducting the Strike

• At the starting time, if the employer still does not accept the demands, the strike proceeds.
• Prohibited Acts (Article 208):
  • Obstructing strike rights or forcing employees to strike/work.
  • Using violence or destroying equipment/assets.
  • Infringing upon public order/safety.
  • Terminating/disciplining/transferring employees or strike leaders due to strike preparation/participation.
  • Retaliating against strikers/leaders.
  • Abusing strikes for illegal acts.

Rights and obligations of the parties before and during a strike.

According to Article 203 of the Labor Code 2019:

• General Rights: Parties may continue to negotiate or request mediation/arbitration.
• Rights of Employee Representative Organization:
  • Withdraw the strike decision (if not yet started) or end the strike.
  • Request the Court to declare the strike legal.
• Rights of Employer:
  • Accept all or part of the demands and notify in writing.
  • Temporarily close the workplace during the strike if unable to maintain operations or to protect assets.
  • Request the Court to declare the strike illegal.

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Long Phan Consulting provides strike procedure consulting services.

Current strike procedures require deep legal understanding to ensure the collective’s rights and minimize risks for enterprises. Long Phan Consultants provides comprehensive solutions:

• Legal Advisory: Consulting on subjects entitled to organize strikes and conditions for conducting strikes.
• Drafting: Drafting documents for collecting opinions and strike plans; consulting on drafting strike decisions and notifications according to regulations.
• Negotiation Support: Representing parties in negotiations and bargaining during and after the strike.

Frequently Asked Questions about Strike Procedures as per Legal Regulations

Below are some frequently asked questions about strike procedures; please refer to them:

Is it necessary to solicit opinions on strikes?

Article 201 of the 2019 Labor Code stipulates the procedures for obtaining opinions on strikes. Accordingly, before conducting a strike, the employee representative organization, which has the right to organize and lead a strike as stipulated in Article 198 of the 2019 Labor Code, is responsible for obtaining the opinions of all employees or members of the leadership board of the employee representative organizations participating in negotiations.

Under what circumstances is a strike considered illegal?

According to Article 204 of the 2019 Labor Code, the following cases constitute illegal strikes:

• This does not fall under the circumstances permitted for striking as stipulated in Article 199 of the 2019 Labor Code.
• No labor representative organization has the right to organize or lead a strike.
• Violating regulations regarding the procedures for conducting strikes as stipulated in the 2019 Labor Code.
• When collective labor disputes are being resolved by competent agencies, organizations, or individuals in accordance with the provisions of the 2019 Labor Code.
• Conducting strikes in cases where strikes are not permitted, such as workplaces where a strike could threaten national defense, security, public order, or human health; workplaces listed as prohibited for strikes; and workplace dispute resolution in such prohibited workplaces as stipulated by the Government.
• When a decision to postpone or stop a strike has been made by the competent authority as stipulated in Article 210 of the 2019 Labor Code.

Are workers who participate in a strike still entitled to their wages?

According to Clause 2, Article 207 of the 2019 Labor Code, employees participating in a strike are not entitled to wages and other benefits as prescribed by law, except in cases where the parties have agreed otherwise.

What behaviors are strictly prohibited when workers participate in a strike?

According to Article 208 of the 2019 Labor Code, the following acts are strictly prohibited before, during, and after a strike:

• Obstructing the exercise of the right to strike or inciting, luring, or coercing workers to strike; preventing workers who are not participating in the strike from going to work.
• Using violence; destroying machinery, equipment, or property belonging to the employer.
• Violation of public order and safety.
• Terminate employment contracts or impose disciplinary measures on workers or strike leaders, or reassign workers or strike leaders to other jobs or locations for reasons related to preparing for or participating in a strike.
• Retaliating against and taking revenge on striking workers and strike leaders.
• Exploiting strikes to commit illegal acts.

Do employers have the right to temporarily close workplaces during a strike?

Employers have the right to temporarily close the workplace during a strike when conditions for maintaining normal operations are not met or to protect property. According to Clause 1, Article 205 of the 2019 Labor Code and Article 69 of Decree 129/2025/ND-CP, at least three working days before the temporary closure of the workplace, the employer must publicly post the decision to temporarily close the workplace at the workplace and notify the People’s Committee of the commune where the workplace is planned to be closed, as stipulated in Clause 3, Article 205 of the Labor Code.

Conclusion

Strike procedures under legal regulations are not only the basis for ensuring lawful strike rights but also a tool to maintain stability in labor relations. To avoid risks of illegal strikes, professional consulting support is essential. Please contact Long Phan Consulting Company via Hotline 1900636389 for accurate, safe, and effective support.