Thông tư 12/LDTBXH-TT

CIRCULAR

GUIDING THE PETITION TO ADJUST THE LIST OF ENTERPRISES NOT ALLOWED TO STAGE STRIKE

To implement Article 3 of Decree No.51-CP of August 29, 1996 of the Government on settling demands of labor collectives at enterprises not allowed to stage strike, the Ministry of Labor, War Invalids and Social Affairs provides the following guidances regarding the petition to adjust the List of enterprises not allowed to stage strike:

1. To have a basis for requesting the adjustment of the List of enterprises that are not allowed to go on strike, the ministries, branches and localities shall have, first of all, have a firm knowledge of the number of enterprises under their management, evaluate the operations of each enterprise. At the same time, basing themselves on the List of enterprises that are not allowed to stage strike promulgated together with Decree No.51-CP, to make the lists of such enterprises under their management along branch and territorial lines, to specify the name, address and areas of production, business and service of each enterprise; to provide guidance and inspect these enterprises in the implementation of the provisions of Decree No.51-CP.

Annually, they shall base themselves on one of the following conditions to consider the addition to or withdrawal of enterprises from the List promulgated by the State (if any):

- Public untility enterprises are enterprises the operations of which, if suspended by the strike, shall seriously affect the life of more than 30% of the total population of a city or a major industrial area.

- The enterprises which produce or supply a number of products essential to the economy and the peoples life are enterprises assigned by the State with a large amount of basic capital investment coming mainly from the State; enterprises with prevailing shares or special shares held by the State; enterprises that supply services for the peoples life under the State pricing system, that cannot make up for their production and service costs with incomes generated by themselves and that receive subsidies from the State budget through allowances or price subsidies or other preferential treatment policies.

- The enterprises that manufacture products in direct service of security and defense are defense enterprises or enterprises of the defense economy set up by decision of the Prime Minister and subject to the management of the Ministry of the Interior and the Ministry of Defense.

2. Basing themselves on the above-said conditions, the ministries, branches and localities shall consider the case of each enterprise so as to propose its addition to or withdrawal from the List promulgated by the State according to the following prescribed contents:

a/ Name and address of the enterprise (the location of its head office and branch); the date of its establishment, the serial number of the decision for its establishment and the authority competent to make decision.

b/ Type of enterprise: State enterprise (the central or local enterprise); non-State enterprise or enterprise with foreign invested capital; the higher-level management agency of the enterprise (if any);

c/ The production and business lines and services and main products of the enterprise;

d/ The total number of laborers regularly working at the enterprise, including the laborers working under seasonal contracts for 3 months or more.

e/ The reason for proposing the addition of the enterprise to or withdrawal from the List. (The reason must be attached with the opinions of the local or branch trade union).

3. The proposal must be made into a dossier according to Forms No.1 and 2 of this Circular and attached with an official dispatch signed by the Minister, the Head of the branch managing agency or the President of the Peoples Committee of the province or city directly under the Central Government and addressed to the Ministry of Labor, War Invalids and Social Affairs before January 15 each year so that the latter may make a sum-up and submit it to the Government for consideration and decision.

This Circular takes effect from May 1st, 1997.

In the course of its implementation, if any obstacles arises, it should be promptly reported to the Ministry of Labor, War Invalids and Social Affairs for study and settlement.