Some notes on labor disputes with foreign elements in Vietnam

VInternational economic integration leads to the emergence of more and more labor relations with foreign elements. Accordingly, Labor disputes involving foreign elements has also tended to increase in recent years. For the purpose of providing information to readers, this article will be presented Some notes on labor disputes with foreign elements need attention.

1. Labor disputes with foreign elements

Pursuant to Article 179 of the 2019 Labor Code, labor dispute is a dispute about rights, obligations, and interests that arises between parties during the process of establishing, implementing or terminating labor relations; Disputes between employee representative organizations; Disputes arising from relationships directly related to labor relations. Types labor dispute include:

• Labor dispute between employees and employers; between workers and businesses and organizations sending workers to work abroad under contracts; between the subleased employee and the subhired employer;
• Labor dispute collective rights or interests between one or more employee representative organizations and the employer or one or more employer organizations.
• Labor disputes with foreign elements can be understood as the labor dispute but there are civil relations with foreign elements.

Civil relations with foreign elements are understood as civil relations with one of the following cases: (i) at least one of the participating parties is a foreign individual or legal entity; (ii) the participating parties are all Vietnamese citizens and Vietnamese legal entities, but the establishment, change, implementation or termination of that relationship takes place abroad; or (iii) the participating parties are all Vietnamese citizens or Vietnamese legal entities but the object of that civil relationship is abroad.

2. Some notes on labor disputes with foreign elements

Law applies to resolve Labor disputes involving foreign elements

According to the provisions of Article 664 of the 2015 Civil Code, the way to determine the applicable law to resolve disputes involving civil relations with foreign elements is as follows:

• (i) Laws applicable to civil relations involving foreign elements are determined according to international treaties to which the Socialist Republic of Vietnam is a member or Vietnamese law.
• (ii) In case an international treaty to which the Socialist Republic of Vietnam is a member or Vietnamese law stipulates that the parties have the right to choose, the law applies to civil relations with water elements. outside is determined at the option of the parties.
• (iii) In case the applicable law cannot be determined according to the provisions of Clauses (i) and (ii) above, the applicable law is the law of the country with the closest connection to civil relations. There is a foreign element there.

3. Direction Methods of resolving labor disputes involving foreign elements

Pursuant to Article 187 and Article 191 of the 2019 Labor Code, agencies, organizations and individuals have the authority to resolve labor dispute personal and labor dispute Collective rights include: (i) Labor conciliators; (ii) Labor Arbitration Council; and (iii) People's Court. The