2012년 통합노동법 개정에 따른 노동관계 변화 전망 -집단적 노동쟁의 및 파업 해결에 관한 주요 개정 내용을 중심으로-

Abstract

First Vietnamese labour code had been in effect since 1995, and has been revised four times, in 2002, 2006, 2007 and 2012. Because the transition to Socialist-oriented market economy system has caused a big change not only in labour market but also in labour relations, Vietnamese labour code needs to provide a timely resolution of the conflicts of legal rights and interests between employers and employees. There had been 4,142 recorded strikes between 1995 and 2011, but there was no legal strikes in Vietnam. That is, the distinct feature of strikes in Vietnam is a massive of wildcat strikes. Although strike should be a final legal means to pressure employers in course of collective bargaining, Vietnamese labourers regard wildcat strikes as the most effective method to secure their demands. Employers and employees need to understand clearly labour code to build co-operative industrial relations because mutual respect for legal rights and interests is based on understanding and observance of law. Legal assistance program is necessary to provide legal information to the public. Furthermore, vibrant studies on revised labour code and labour disputes and strikes settlement system is urgently needed to come up with more effective use plans.