In what cases are workers allowed to strike?
Rights of the parties before and during the strike
The rights of the parties before and during the strike are specified in Article 203 of the 2019 Labor Code, specifically as follows:
- Continue to agree to resolve the content of the collective labor dispute or jointly request the labor conciliator or the Labor Arbitration Council to conciliate and resolve the labor dispute.
- Employee representative organizations with the right to organize and lead strikes according to the provisions of Article 198 of the 2019 Labor Code have the following rights:
+ Withdraw the decision to strike if one has not yet struck or end the strike if one is currently on strike;
+ Request the Court to declare the strike legal.
- Employers have the following rights:
+ Accept all or part of the request and notify in writing the representative organization of workers organizing and leading the strike;
+ Temporarily closing the workplace during a strike due to insufficient conditions to maintain normal operations or to protect property;
+ Request the Court to declare the strike illegal.
Prohibited acts before, during and after a strike
Pursuant to Article 208 of the 2019 Labor Code, prohibited acts before, during and after a strike include:
- Obstructing the exercise of the right to strike or inciting, enticing or forcing workers to strike; prevent workers who do not participate in the strike from going to work.
- Using violence; destroying machinery, equipment, and property of the employer.
- Violating public order and safety.
- Terminate labor contracts or take disciplinary action against workers or strike leaders or transfer workers or strike leaders to other jobs or work elsewhere because Reasons for preparing to strike or participating in a strike.
- Retaliation and retaliation against workers participating in strikes and strike leaders.
- Taking advantage of strikes to commit illegal acts.