Latest regulations you need to know about resolving labor disputes

1. Principles of labor dispute resolution

The principles for resolving labor disputes according to Article 180 of the 2019 Labor Code are as follows:

- Respect the right to self-determination through negotiation of the parties throughout the process of resolving labor disputes.

- Respect the settlement of labor disputes through conciliation and arbitration on the basis of respecting the rights and interests of both disputing parties, respecting the common interests of society, and not violating the law.

- Open, transparent, objective, timely, quick and legal.

- Ensure the participation of representatives of the parties in the process of resolving labor disputes.

- Labor dispute resolution is conducted by the competent agency, organization or individual after receiving a request from the disputing party or upon the proposal of the competent agency, organization or individual and with the consent of the disputing parties.

2. Responsibilities of agencies and organizations in resolving labor disputes

Responsibilities of agencies and organizations in resolving labor disputes according to Article 181 of the 2019 Labor Code are as follows:

- The state labor management agency is responsible for coordinating with the organization representing employees and the organization representing employers to guide, support and assist the parties in resolving labor disputes.

- The Ministry of Labor, War Invalids and Social Affairs organizes training and improves the professional capacity of labor conciliators and labor arbitrators in resolving labor disputes.

- Upon request, the specialized labor agency under the People's Committee is the focal point for receiving requests to resolve labor disputes and is responsible for classifying, guiding, supporting, and assisting the parties in resolving labor disputes.

Within 05 working days, the agency receiving the request to resolve the labor dispute is responsible for forwarding the request to the labor conciliator in cases where labor conciliation procedures are required, forwarding it to the Arbitration Council in cases where the Arbitration Council is required to resolve the matter, or instructing it to be sent to the Court for resolution.

3. Rights and obligations of the two parties in resolving labor disputes

The rights and obligations of the two parties in resolving labor disputes according to Article 182 of the 2019 Labor Code are as follows:

- In resolving labor disputes, the parties have the following rights:

+ Directly or through a representative to participate in the settlement process;

+ Withdraw request or change request content;

+ Request to change the person conducting the labor dispute resolution if there is reason to believe that person may not be impartial or objective.

- In resolving labor disputes, the parties have the following obligations:

+ Provide complete and timely documents and evidence to prove your request;

+ Comply with the agreements reached, decisions of the Labor Arbitration Board, judgments and decisions of the Court that have come into legal effect.

4. Labor disputes and labor-related disputes are under the jurisdiction of the Court.

Labor disputes and labor-related disputes are under the jurisdiction of the Court according to Article 32 of the 2015 Civil Procedure Code (amended by the 2019 Labor Code) as follows:

- Individual labor disputes between employees and employers must go through the conciliation procedure of a labor conciliator, but the conciliation is successful but the parties do not implement or do not implement correctly, the conciliation is unsuccessful or the conciliation period has expired according to the provisions of the law on labor but the labor conciliator does not conduct the conciliation, except for the following labor disputes that are not required to go through the conciliation procedure:

+ Regarding labor discipline in the form of dismissal or unilateral termination of labor contracts;

+ Regarding compensation for damages and benefits upon termination of labor contracts;

+ Between domestic workers and employers;

+ Regarding social insurance according to the provisions of the law on social insurance, regarding health insurance according to the provisions of the law on health insurance, regarding unemployment insurance according to the provisions of the law on employment, regarding occupational accident and disease insurance according to the provisions of the law on occupational safety and hygiene;

+ Regarding compensation for damages between employees and enterprises and organizations sending employees to work abroad under contracts;

+ Between the rehired employee and the rehiring employer.

- Individual labor disputes in which the two parties agree to choose the Labor Arbitration Council to resolve, but after the time limit prescribed by labor law expires, the Labor Arbitration Council is not established, the Labor Arbitration Council does not issue a decision to resolve the dispute, or one of the parties does not enforce the decision of the Labor Arbitration Council, then the parties have the right to request the Court to resolve.

- Collective labor disputes over rights as prescribed by labor law that have gone through the mediation procedure of a labor mediator but the mediation fails, the mediation period as prescribed by labor law expires but the labor mediator does not conduct the mediation or one of the parties does not implement the successful mediation record, have the right to request the Court to resolve.

- Collective labor disputes over rights that the two parties agree to choose the Labor Arbitration Council to resolve, but after the time limit prescribed by labor law expires, the Labor Arbitration Council is not established, the Labor Arbitration Council does not issue a decision to resolve the dispute, or one of the parties does not enforce the decision of the Labor Arbitration Council, then the parties have the right to request the Court to resolve.

- Labor disputes include:

+ Disputes over apprenticeship and training;

+ Disputes over labor leasing;

+ Disputes over union rights and union funds;

+ Disputes about labor safety and hygiene.

- Disputes over compensation for damages caused by illegal strikes.

- Other labor disputes, except for cases under the jurisdiction of other agencies and organizations as prescribed by law.