Resolution of individual labor disputes by the Labor Arbitration Council

The settlement of individual labor disputes by the Labor Arbitration Council is stipulated in Article 189 of the 2019 Labor Code as follows:

(1) On the basis of consensus, the disputing parties have the right to request the Labor Arbitration Council to resolve the dispute in the case specified in Clause 7, Article 188 of the 2019 Labor Code. When requesting the Labor Arbitration Council to resolve the dispute, the parties may not simultaneously request the Court to resolve it, except in the case specified in Clause (4).

(2) Within 07 working days from the date of receipt of the request for dispute settlement as prescribed in Clause (1), a Labor Arbitration Board must be established to resolve the dispute.

(3) Within 30 days from the date the Labor Arbitration Board is established, the Labor Arbitration Board must issue a decision on dispute resolution and send it to the disputing parties.

(4) In case the time limit specified in Clause (2) expires but the Labor Arbitration Board is not established or the time limit specified in Clause (3) expires but the Labor Arbitration Board does not issue a decision to resolve the dispute, the parties have the right to request the Court to resolve the dispute.

(5) In case one of the parties does not enforce the decision to resolve the dispute of the Labor Arbitration Board, the parties have the right to request the Court to resolve the matter.