The Committee for Social Issues of the National Assembly (NA) has proposed the Government to think over amendments for rules of strikes of the Labor Law. The committee is reporting its supervision on strikers to the NA Standing Committee.

Over 1,000 Unprompted Strikes

According to the Government, Viet Nam saw 1,056 strikes from 1995 to early 2006. In this January alone, up to 78 strikes took place. Companies of all economic sectors have seen strikes but more at foreign-invested enterprises.

A labor union official (in white) works to solve interest disputes at a foreign-invested company in Viet Nam (Photo:SGGP)

Statistics by the Ministry of Labor, Invalids and Social Affairs (MOLISA) shows that 90% of all strikes broke out from employees’ claims for better salaries, bonuses, social insurance and rejections to long working time. 

“A concern here is that these strikes were unprompted and not subject to the labor rules,” said MOLISA Minister Nguyen Thi Hang. None of these strikes have been brought to a court.

Ms. Hang added that some of the current regulations are no longer suitable. For example, the regulations do not rule labor disputes in rights and benefits or how to solve the disputes, and strike procedures are still complicated.

However, the main reason behind the strikes is that the law is still not observed, according to the NA Committee for Social Issues.

Committee chief Nguyen Thi Hoai Thu said, “Both employers and employees are still not aware of all regulations of the Labor Law.

Meanwhile, labor inspectors have not worked regularly to check on labor issues and labor unions at companies have not functioned well as the representatives of workers.

Ms. Cu Thi Hau, President of the Viet Nam Confederation of Labor, said, “Labor unions at companies do not dare to represent employees’ interests because they worry that their bosses will dismiss them, who also have no protectors.”

Problems to Solve

The Government has submitted to the NA Standing Committee supplements for 20 articles and amendments for 20 articles of the Labor Law, regarding to strikes. However, the NA Committee for Social Issues said these supplements and amendments are “not clear.”

A point here is to separate collective labor disputes into two kinds: rights disputes and interest disputes. A new law should allow strikes only in case of interest disputes.

Ms. Thu, chief of the committee, said that the bill for the new law does not include basic changes and rules to solve the problem radically. The problem here is that many companies do not have a labor union, or have it but the labor union fails to represent the employees, including its role in organizing a strike.

“The Government should make better proposals for a new law,” she said.

The NA Committee for Social Issues also wants the Government and the Viet Nam Confederation of Labor to promptly work out such other solutions as improving the Government’s labor management, especially in inspection. Besides, local governments need to pay close attention to employees’ accommodation facilities.

Ms. Hau, President of the Viet Nam Confederation of Labor, said, “Labor union officials at many companies were selected and paid by the employers so they fail to represent the employees’ interest. Therefore, the Government needs to act to solve this personnel question.”