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Settlement Of Labor Disputes With Foreign Elements

Dispute 09/08/2023

Resolving labor disputes with foreign elements is a matter ofconcern to many workers and employers with foreign elements. Which agency or organization is competent to settle labor disputes involving foreign elements? What is the order and procedure? In this article, Apolo Lawyers Law Firm will provide you with information to better understand the regulations on the above issue. Please feel free to contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479 for legal advice and support.

Settlement Of Labor Disputes With Foreign Elements

Resolving labor disputes with foreign elements is a matter ofconcern to many workers and employers with foreign elements. Which agency or organization is competent to settle labor disputes involving foreign elements? What is the order and procedure? In this article, Apolo Lawyers Law Firm will provide you with information to better understand the regulations on the above issue. Please feel free to contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479 for legal advice and support.

1. What is a civil dispute with a foreign element?

Pursuant to Clause 2, Article 663 of the 2015 Civil Code, a civil relationship involving foreign elements is a civil relationship in one of the following cases:

  • At least one of the participating parties is a foreign individual or legal entity;
  • The participating parties are all Vietnamese citizens or Vietnamese legal entities, but the establishment, change, performance or termination of such relationship occurs in a foreign country;
  • The parties involved are all Vietnamese citizens, Vietnamese legal entities, but the subject matter of such civil relations is abroad.

Settlement - of - labor - disputes - with - foreign - elements - 01Settlement Of Labor Disputes With Foreign Elements

2. Agencies competent to settle labor disputes

Articles 187 and 191 of the Labor Code 2019 stipulates that agencies, organizations and individuals competent to settle labor disputes include:

  • Labor mediator;
  • Labor Arbitration Council;
  • The People Court.

Collective labor disputes over rights must be resolved through the mediation procedure of the labor conciliator before asking the Labor Arbitration Council or the Court for resolution.

3. Competence to decide labor disputes with foreign elements of the Court

3.1. Determining the jurisdiction of the Court by level

Jurisdiction of the district-level People Courts: Pursuant to Point a, Clause 5, Article 7 of Resolution 03/2012/NQ-HDTP, the district-level People Courts are competent to settle labor disputes involving foreign elements if they do not fall into the cases of disputes in which the involved parties or their assets are abroad or need to entrust the justice to the overseas Vietnamese consular offices or to the courts.

Jurisdiction of the Provincial People Court: Pursuant to Point b, Clause 5, Article 7 of Resolution 03/2012/NQ-HDTP, the provincial-level People Court has the authority to settle disputes in which the involved parties or their assets are located abroad or need to be entrusted with the judicial mandate to the overseas Vietnamese consular offices or to the foreign courts.

3.2. Jurisdiction of the Court by territory:

In case the overseas involved parties are not present in Vietnam, the court with jurisdiction is the court where the plaintiff, when agreed upon by the two parties, is the place where the plaintiff resides (individual) and is headquartered (organization); when the defendant place of residence or workplace is unknown; when disputes over compensation for damage, allowances upon termination of labor contracts, social insurance, rights and benefits related to employment, salary, income and other working conditions for employees;

In cases where overseas involved parties are present in Vietnam and are residing and working in Vietnam, the competent court is the court where the defendant resides or works, if the defendant is an individual or the place where the defendant is an individual. the applicant head office, if the defendant is an agency or organization competent to settle according to first-instance procedures the labor case;

4. Procedures for settling labor disputes involving foreign elements at Court

4.1. File

Depending on the case, it is necessary to prepare appropriate documents, but the basic documents include:

  • Petition
  • Copy of ID card (Passport); Passport (with a copy of the original).
  • Labor contract.
  • Decision on termination of labor contract or decision on dismissal, notice of resignation;
  • The decision and minutes of conciliation of the labor mediator of the district-level labor agency of the grassroots-level conciliation council or of the city labor arbitration council for collective labor disputes;
  • Documents and evidences related to the content of the dispute (if any);
  • A list of documents to be submitted with the petition (specify the number of originals and copies).

If the employer initiates a lawsuit, they must submit additional documents on legal status such as investment license, business establishment decision, business registration license, internal rules, regulations, and labor agreement. collective action of the enterprise, power of attorney if the legal representative does not participate in the lawsuit. Minutes of disciplinary meetings, if any;

Note: The documents mentioned above are foreign language documents and documents must be translated into Vietnamese by the agency or organization having the translation function, together with the original. If other documents are submitted, they must be certified as true copies of the originals.

4.2. Dispute settlement order and procedures

Individual labor disputes

Pursuant to Article 188 of the Labor Code 2019, individual labor disputes must be resolved through the conciliation procedure of the labor conciliator before requesting the Labor Arbitration Council or the Court to settle, except The following labor disputes are not required to go through mediation.

Within 05 working days from the date the labor mediator receives a request from the party requesting the resolution of the dispute, the labor mediator must end the conciliation.

If the conciliation procedure is not required, or the conciliation time limit expires but the labor conciliator fails to conduct the conciliation or the conciliation fails as prescribed in Clause 4 of this Article, the disputing parties have the right to choose one of the following methods to settle the dispute:

  • To request the Labor Arbitration Council to settle in accordance with Article 189 of this Code;
  • Ask the Court to decide.

Collective labor disputes

Pursuant to Articles 192 and 196 of the Labor Code 2019, collective labor disputes are not required to be resolved through the mediation procedure of the labor conciliator. In case the conciliation fails or the conciliation time limit expires but the labor conciliator fails to conduct the conciliation or one of the parties fails to implement the agreement in the record of successful conciliation, the disputing parties have the right to choose one of them. The following methods of dispute resolution:

  • To request the Labor Arbitration Council to settle in accordance with Article 193 of this Code;
  • Ask the Court to decide.
  • Workers representative organizations have the right to carry out the procedures specified in Articles 200, 201 and 202 of this Code to strike.

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Above is an article on consulting to resolve labor disputes with foreign elements. If you still have questions regarding the article or need assistance, please feel free to contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479 for legal advice and support.

View more: Settlement Of Business And Commercial Disputes In Court

View more: Labor Disputes in Vietnam

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