PROCEDURES FOR DETERMINING THE LEGALITY OF A STRIKE
Request for the Court to Determine the Legality of a Strike
1. During the strike or within three (03) months from the date the strike ends, the employer or the representative organization of the employees’ collective shall have the right to request the Court to determine the legality of the strike.
2. The person requesting the Court to determine the legality of the strike must submit a written petition to the Court. The petition must contain the following principal contents:
a) The contents prescribed in Clause 2, Article 362 of the Civil Procedure Code;
b) The name and address of the organization leading the strike;
c) The name and address of the employer where the collective labor strike occurs.
3. Attached to the petition, the requesting party must submit a copy of the strike decision, the decision or minutes of conciliation issued by the competent authority or organization resolving the collective labor dispute, and other documents or evidence relevant to the determination of the legality of the strike.
Procedures for Submitting a Petition to the Court
The procedures for submitting, receiving the petition, and obligations to provide documents and evidence in relation to the request and decision on the legality of a strike shall be carried out in accordance with the Civil Procedure Code.
Jurisdiction to Determine the Legality of a Strike
The People’s Court of the district where the strike takes place shall have jurisdiction to determine the legality of the strike.
The People’s Court of the province shall have jurisdiction to resolve appeals or protests against the decision of the district-level People’s Court regarding the legality of a strike within the territorial competence.
Composition of the Council for Determining the Legality of a Strike
The district-level People’s Court shall determine the legality of a strike by a Council composed of three Judges.
The provincial-level People’s Court shall resolve appeals or protests against a decision on the legality of a strike by a Council composed of three Judges.
Participants in the Hearing on the Legality of a Strike
The Council for determining the legality of a strike shall be presided over by one Judge; the Court Clerk shall record the minutes of the hearing.
A Procurator of the People’s Procuracy of the same level.
Representatives of the employees’ collective representative organization and the employer.
Representatives of competent authorities or organizations as required by the Court.
Postponement of the Hearing on the Legality of a Strike
The hearing on the legality of a strike may be postponed in accordance with Article 233 of the Civil Procedure Code on postponement of hearings.
The postponement shall not exceed three (03) working days from the date of the decision to postpone the hearing.
Suspension of the Examination of the Legality of a Strike
The Court shall suspend the examination of the legality of a strike in the following cases:
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The petitioner withdraws the petition;
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The parties have reached an agreement on resolving the strike and have requested the Court not to proceed;
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The petitioner, despite being duly summoned twice, is absent, except in cases of force majeure or objective obstacles.
Procedures for Resolving the Petition to Determine the Legality of a Strike
Immediately after receiving the petition, the Chief Justice of the district-level People’s Court shall establish the Council for determining the legality of a strike and assign a Judge to preside over the settlement.
Within five (05) working days from the receipt of the petition, the assigned Judge must issue a decision to open a hearing on the legality of the strike. The decision must be immediately sent to the employees’ collective representative organization, the employer, the People’s Procuracy of the same level, and the relevant authorities or organizations.
Within five (05) working days from the issuance of the decision to open the hearing, the Council must hold the hearing on the legality of the strike.
Order of the Hearing on the Legality of a Strike
The presiding Judge shall announce the decision to open the hearing and summarize the contents of the petition.
The representative of the employees’ collective and the employer shall present their opinions.
The presiding Judge may request representatives of authorities or organizations to provide opinions.
The Procurator shall present the opinion of the People’s Procuracy on the legality of the strike.
Immediately after the hearing ends, the Procurator must submit a written opinion to the Court for inclusion in the case file.
The Council shall deliberate and decide by majority vote.
Decision on the Legality of a Strike
The Court’s decision on the legality of a strike must clearly state the reasons and legal grounds for the conclusion.
The decision must be publicly announced at the hearing and immediately sent to the employees’ collective representative organization, the employer, and the People’s Procuracy of the same level. The employees’ collective and the employer must comply with the Court’s decision but have the right to appeal; the Procuracy has the right to protest such decision.
After the Court’s decision is announced, if the strike is deemed unlawful, employees participating in the strike must immediately cease the strike and return to work.
Procedures for Resolving Appeals or Protests against Decisions on the Legality of a Strike
Immediately upon receiving an appeal petition or a protest decision against the decision on the legality of a strike, the provincial-level People’s Court must request the district-level Court that issued the decision to transfer the case file for review and resolution.
Within three (03) working days from the receipt of the request, the district-level Court must transfer the case file to the provincial-level People’s Court.
Within two (02) working days from receiving the file, the Chief Justice of the provincial-level Court must establish an Appellate Council and assign a Judge to preside over the review of the case file.
Within five (05) working days from receiving the case file, the Appellate Council must conduct the appellate review of the appeal or protest.
The decision of the Appellate Council of the provincial-level People’s Court on the legality of a strike shall be final.
Legal Grounds:
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Articles 403, 404, 407, 408, 409, 410, 411, 412 of the 2015 Civil Procedure Code;
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Clauses 19, 20, 21, 22 of the Law amending and supplementing a number of provisions of the Civil Procedure Code, the Law on Administrative Procedure, the Law on Juvenile Justice, the Law on Bankruptcy, and the Law on Mediation and Dialogue at Court, 2025.
