How are workers' rights resolved when a strike is postponed or stopped?

How are workers' rights resolved when a strike is postponed or stopped?
A reader emailed nguyenvanthuanxx@gmail.com and sent an email to the YouMe Law Firm asking: Please tell me, when a strike is postponed or stopped, how are workers' rights resolved and what rights and responsibilities do workers have when a strike is stopped?
Jurist Nguyen Thu Thuy, YouMe Law Firm, replied:
Article 112 of Decree No. 145/2020/ND-CP detailing and guiding the implementation of a number of articles of the Labor Code on working conditions and labor relations stipulates the settlement of employees' rights when postponing or stopping a strike as follows:
1. During the implementation of the decision to postpone or stop a strike at the request of the Chairman of the Provincial People's Committee, the Department of Labor - Invalids and Social Affairs, the Department of Labor - Invalids and Social Affairs, in coordination with the Provincial and District Labor Federations, organizations representing employees at the grassroots level have the right to organize and lead strikes, employers where the strike is postponed or stopped and relevant agencies support the parties in negotiating and reconciling to resolve employees' rights and other related disagreements.
2. When the strike suspension or cessation period expires according to the decision of the Chairman of the Provincial People's Committee, but the two parties have not negotiated to resolve the rights of the employees and other related disagreements, the organization representing employees at the workplace with the right to organize and lead the strike may continue to organize the strike but must notify in writing the employer, the District People's Committee, and the Department of Labor - Invalids and Social Affairs at least 05 working days before the date of resuming the strike.

Article 113 of Decree No. 145/2020/ND-CP detailing and guiding the implementation of a number of articles of the Labor Code on working conditions and labor relations stipulates the rights and responsibilities of employees when stopping the strike as follows:

1. After the Chairman of the Provincial People's Committee decides to stop the strike, employees must return to work and receive their wages.

2. After the Chairman of the Provincial People's Committee decides to stop the strike, if the employee does not return to work, he/she will not be paid, unless otherwise agreed by the two parties. Depending on the level of violation, the employee will be disciplined according to the provisions of the internal labor regulations and the provisions of the law.

Thus, the settlement of the employee's rights when postponing or stopping the strike and the employee's rights and responsibilities when stopping the strike are implemented according to the provisions cited above.

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