Individual labor disputes over bonuses are a complex and common issue in labor relations in Vietnam. Understanding the relevant legal regulations will help workers protect right effectively. This article, Apolo Lawyers - Solicitors & Litigators (Tel:(+84) 903. 419. 479) will below is an overview of this topic, including legal regulations and the dispute resolution process.
1. Concept of Bonuses in Labor Relations
According to the Vietnamese Labor Code, bonuses are monetary amounts that employers award to employees based on business results and job performance. Bonuses are not fixed salaries but are recognition of employees achievements and contributions during employees work.

Resolving Individual Labor Disputes Over Bonuses
2. Legal Regulations on Bonuses
Vietnamese law does not specify minimum or maximum bonus amounts, leaving it to companies to stipulate in collective labor agreements or employment contracts. However, once bonuses are specified in contracts or agreements, employers must fulfill these commitments.

Resolving Individual Labor Disputes Over Bonuses
3. Causes of Individual Labor Disputes Over Bonuses
Several reasons lead to individual labor disputes over bonuses, including:
- Unclear employment contracts: If the employment contract does not clearly specify the conditions and amounts of bonuses, misunderstandings and disputes can arise.
- Non-compliance by employers: In some cases, employers do not honor the agreed-upon bonus amounts.
- Differences in performance evaluation: Differences in how employee performance and effectiveness are assessed are also common causes of disputes.
4. Process for Resolving Individual Labor Disputes Over Bonuses
The process for resolving individual labor disputes over bonuses according to Vietnamese law includes the following steps:
- Negotiation and mediation at the company level: Initially, both parties should directly negotiate to resolve the dispute. If unsuccessful, employees can request mediation from the trade union of company or employee representative body.
- Mediation by competent state authorities: If negotiation and mediation at the company level fail, employees can request mediation from the district-level state labor management authority.
- Resolution at court: If the dispute remains unresolved, employees have the right to file a lawsuit in the people court to seek resolution.

Resolving Individual Labor Disputes Over Bonuses
The legal framework governing the resolution of individual labor disputes over bonuses in Vietnam includes several key documents:
- Vietnamese Labor Code (2019): This is the primary legal document that governs labor relations in Vietnam. It includes provisions on employee rights, employer obligations, and dispute resolution mechanisms.
- Decree No. 145/2020/ND-CP: This decree provides detailed guidelines on the implementation of several articles of the Labor Code concerning labor conditions and labor relations.
- Civil Procedure Code (2015): This code outlines the procedures for resolving civil disputes, including labor disputes, through the court system.
- Decree No. 24/2018/ND-CP: This decree details the procedures for labor dispute resolution, including the roles of labor mediation councils and the process for mediation and arbitration.
5. Advice for Employees and Employers
- Employees: Should request that the company clearly specifies bonus conditions and amounts in the employment contract. In case of disputes, employee should gather sufficient evidence and seek support from trade unions or labor rights organizations.
- Employers: Should establish clear and transparent bonus policies and ensure compliance with commitments. Adhering to labor laws not only helps avoid disputes but also creates a better working environment, enhancing employee engagement and satisfaction.
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