Question:
Do employers have the right to close the workplace?
Answer:
According to the provisions of Point d, Clause 1, Article 6 of the 2019 Labor Code, employers have the right to temporarily close the workplace. Thus, the employer does not have the right to close the workplace but only has the right to temporarily close the workplace. In fact, the temporary closure of the workplace according to the law is during a strike due to insufficient conditions to maintain normal operations or to protect property (point b, clause 3, Article 203 of the Labor Code). dynamic)
At least 03 working days before the date of temporary closure of the workplace, the employer must publicly post the decision on temporary closure of the workplace at the workplace and notify relevant agencies and organizations. authority (Article 205, Labor Code 2019).
Employers also have the following rights and obligations (Article 6 of the 2019 Labor Code):
1. Rights of the employer:
1.1. Recruitment, placement, management, administration, and supervision of labor; reward and handle violations of labor discipline;
1.2. Establish, join and operate in employer representative organizations, professional organizations and other organizations according to the provisions of law;
1.3. Require employee representative organizations to negotiate for the purpose of signing a collective labor agreement; Participate in resolving labor disputes and strikes; dialogue and exchange with employee representative organizations on issues in labor relations, improving the material and spiritual lives of workers;
1.4. Temporary closure of workplace;
1.5. Other rights as provided for by law.
2. Obligations of the employer:
2.1. Implement labor contracts, collective labor agreements and other legal agreements; respect the honor and dignity of workers;
2.2. Establish mechanisms and carry out dialogue and exchanges with employees and employee representative organizations; Implement grassroots democratic regulations in the workplace;
2.3. Training, retraining, fostering to improve qualifications and vocational skills to maintain and change careers and jobs for workers;
2.4. Comply with the provisions of the law on labor, employment, vocational education, social insurance, health insurance, unemployment insurance and occupational safety and hygiene; develop and implement solutions to prevent and combat sexual harassment in the workplace;
2.5. Participate in developing national vocational skills standards, evaluating and recognizing vocational skills for workers.
- Harley Miller Law Firm “HMLF”
- Address: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
- Phone: +84 937215585
- Website: hmlf.vn
- Email: miller@hmlf.vn
