Vietnam, with its rapidly growing economy and evolving labor market, has witnessed an increase in labor disputes over the past decade. As the country transitions from an agrarian society to an industrialized nation, tensions between workers and employers have emerged due to various factors, including wage discrepancies, working conditions, and disputes over labor rights. The following article will analyze regulations on labor disputes in Vietnam. If you have any questions, please contact immediately Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479 for legal advice and support.
Labor Disputes in Vietnam
Vietnam, with its rapidly growing economy and evolving labor market, has witnessed an increase in labor disputes over the past decade. As the country transitions from an agrarian society to an industrialized nation, tensions between workers and employers have emerged due to various factors, including wage discrepancies, working conditions, and disputes over labor rights. The following article will analyze regulations on labor disputes in Vietnam. If you have any questions, please contact immediately Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479 for legal advice and support.
Labor disputes are conflicts or disagreements that arise between employers and employees or their labor unions. These disputes often involve issues related to working conditions, wages, benefits, job security, and the overall terms of employment. When labor disputes occur, they can lead to various forms of industrial action, such as strikes, lockouts, picketing, and work stoppages.
Labor Disputes in Vietnam
According to Clause 1, Article 179 of the Labor Code 2019:
Labor dispute means a dispute over rights, obligations and interests arising between parties in the process of establishing, performing or terminating the labor relationship; disputes between organizations representing workers; Disputes arising from a relationship directly related to the employment relationship.
Clause 2, Article 179 of the Labor Code 2019 stipulates types of labor disputes, including:
- Individual labor disputes between:
- The employee with the employer;
- Employees with enterprises or organizations sending workers to work abroad under contracts;
- Employee sublease with employer.
- Collective labor disputes over rights or interests between one or more organizations representing workers and the employer or one or more organizations of the employer.
3. Competence and measures to settle individual labor disputes
Pursuant to Article 187 of the Labor Code 2019, agencies, organizations and individuals competent to settle individual labor disputes include:
- Labor mediator;
- Labor arbitration council;
- The Court.
3.1. Labor mediator
Individuals must conduct negotiation and conciliation at the Labor Mediator before asking the Labor Arbitration Council or Court to settle, except for the following labor disputes that are not required to go through the following conciliation procedures:
- Regarding the handling of labor discipline in the form of dismissal or the case of unilateral termination of the labor contract;
- Regarding compensation for damage, allowances when terminating labor contracts;
- Between domestic helpers and employers;
- Regarding social insurance in accordance with the law on social insurance, on health insurance in accordance with the law on health insurance, on unemployment insurance in accordance with the law on employment, on insurance for occupational accidents and diseases in accordance with the law on occupational safety and hygiene;
- Regarding compensation for damage between workers and enterprises or organizations sending workers to work abroad under contracts;
- Between the outsourced employee and the outsourced employer.
Within 05 working days from the date the labor mediator receives a request from the party requesting the resolution of the dispute or from a specialized labor agency under the Committee, the labor mediator must terminate the conciliation.
The labor mediator is responsible for guiding and assisting the parties in negotiating to resolve the dispute.
- In case the parties can reach an agreement, the labor mediator shall make a record of successful conciliation. The minutes of successful conciliation must be signed by the disputing parties and the labor mediator.
- In case the parties cannot reach an agreement, the labor mediator shall propose a conciliation plan for the parties to consider. If the parties accept the mediation plan, the labor mediator shall make a record of successful conciliation. The minutes of successful conciliation must be signed by the disputing parties and the labor mediator.
- In case the conciliation plan is not accepted or the disputing party who has been duly summoned for the second time is still absent without plausible reasons, the labor mediator shall make a record of unsuccessful conciliation. The minutes of unsuccessful conciliation must be signed by the present disputing party and the labor mediator.
- In case one of the parties fails to implement the agreements in the minutes of successful conciliation, the other party has the right to request the Labor Arbitration Council or the Court to settle.
When the dispute falls under the circumstances that are not required to go through the conciliation procedure or the above-mentioned conciliation time limit expires but the labor conciliator fails to conduct the conciliation or the conciliation fails, the disputing parties have the right to choose one of the following methods to settle the dispute:
- Request the Labor Arbitration Council to settle according to the provisions of Article 189 of the Labor Code 2019;
- Request the Court to settle.
3.2. Labor Arbitration Council
The parties may request the settlement of a competent agency, organization or individual such as the Labor Arbitration Council.
The provisions on the settlement of individual labor disputes of the Labor Arbitration Council are specified in Article 189 of the Labor Code 2019:
- On the basis of consensus, the disputing parties have the right to request the Labor Arbitration Council to settle the dispute in case it is not required to go through the conciliation procedure, the conciliation time limit expires or the conciliation fails. When requesting the Labor Arbitration Council to settle a dispute, the parties must not simultaneously request the Court for settlement. (Unless the time limit of 07 working days from the date of receipt of the request for dispute settlement has expired, the Labor Arbitration Board has not been established, or the time limit of 30 days from the date of establishment of the Labor Arbitration Committee has expired. If the labor arbitrator fails to issue a decision to settle the dispute, the parties have the right to request the court to settle the dispute).
- In case one of the parties fails to implement the dispute settlement decision of the Labor Arbitration Board, the parties have the right to request the Court to settle the dispute.
3.3. Court
According to the above provisions, the Court has the authority to settle labor disputes at the request of the parties in the following cases:
Mediation stage:
- When the dispute falls into a situation that is not required to go through the conciliation procedure;
- After 05 working days from the date on which the labor conciliator receives a request from the party requesting the settlement of the dispute or from the specialized labor agency of the Committee, the labor conciliator fails to proceed with the request. conduct mediation;
- In case of unsuccessful conciliation.
The stage where the dispute has been requested to be resolved by the Labor Arbitration Council:
- After 07 working days from the date of receiving the request for dispute settlement, the Labor Arbitration Board has not been established;
- After 30 days from the date of establishment of the Labor Arbitration Board, the Labor Arbitration Board has not issued a decision to settle the dispute.
- When one of the parties fails to implement the dispute settlement decision of the Labor Arbitration Board.
Labor Disputes in Vietnam
If you have any questions, please contact immediately Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479 for legal advice and support.
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