Clubs · Nov 12, 2024 · 2 min read
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Clubs · Nov 12, 2024 · 2 min read
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This article provides information about the courts with jurisdiction over foreign labor disputes in Vietnam, helping workers and businesses understand their rights and obligations in such disputes.
According to point a, clause 1, Article 32 Civil Procedure Code 2015 Amended by point a, clause 2, Article 219 Labor Code 2019 as follows:
1. Labor disputes and labor-related disputes fall under the jurisdiction of the Court
1. Individual labor disputes between employees and employers must go through the conciliation procedure of a labor conciliator, but conciliation is successful but the parties do not do it or do it incorrectly, conciliation fails. Upon completion or expiration of the conciliation period according to the provisions of labor law, the labor conciliator does not conduct conciliation, except for the following labor disputes that are not required to go through conciliation procedures:
a) Regarding labor discipline in the form of dismissal or in cases of unilateral termination of the labor contract;
According to point a, clause 1, Article 37 Civil Procedure Code 2015 stipulated as follows:
Jurisdiction of the Provincial People's Court
1. The Provincial People's Court has the authority to resolve according to first instance procedures the following cases:
a) Civil, marriage and family, business, trade and labor disputes specified in Articles 26, 28, 30 and 32 of this Code, except for disputes falling under the jurisdiction of the Court. district-level people's court specified in Clauses 1 and 4, Article 35 of this Code;
And stipulated in Point a, Clause 1, Article 39 Civil Procedure Code 2015 as follows:
Jurisdiction of the Court according to territory
1. The Court's jurisdiction to resolve civil cases according to territory is determined as follows:
a) The court where the defendant resides or works, if the defendant is an individual, or where the defendant is headquartered, if the defendant is an agency or organization, has the authority to resolve according to first-instance procedures disputes regarding civil, marriage and family, business, trade and labor specified in Articles 26, 28, 30 and 32 of this Code;
Accordingly, this is a dispute case where the plaintiff is a foreign worker and the defendant is a Vietnamese company, so the jurisdiction to resolve the dispute will belong to the Provincial People's Court where the defendant is located. department.
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