Procedures for appointing mediators and statute of limitations for disputes | iGuide

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Latest procedure for appointing conciliators to mediate labor disputes

This article provides detailed instructions on the procedure for appointing a conciliator to resolve labor disputes according to the latest regulations, along with regulations on the statute of limitations for requesting resolution of individual labor disputes. Understanding the process and statute of limitations will help you handle disputes effectively, protect your legitimate rights and maintain a harmonious working environment.

According to Article 95 of Decree 145/2020/ND-CP, the authority, order and procedures for appointing conciliators to conciliate labor disputes are as follows:

- The assignment of labor conciliators to perform conciliation tasks is carried out by the Department of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs according to the decentralization in the regulations on management of labor conciliators.

- Procedures for appointing labor mediators

+ Requests for settlement of labor disputes, disputes over vocational training contracts and requests for support in developing labor relations are sent to the Department of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs or a labor mediator.

In case the labor conciliator directly receives a request from the disputing party for settlement, within 12 hours from the time of receiving the request, the labor conciliator must forward it to the Department of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs that is managing the labor conciliator for classification and handling;

+ Within 05 working days from the date of receiving the request, according to the management hierarchy, the Department of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs is responsible for classifying and sending a document to assign a labor mediator to resolve the matter according to regulations.

In case of receiving a petition from a labor conciliator as prescribed in Point a, Clause 2, Article 95 of Decree 145/2020/ND-CP, within 12 hours from the time of receiving the petition, according to the management hierarchy, the Department of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs shall issue a document appointing a labor conciliator as prescribed.

- Depending on the complexity of the case, the Department of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs may assign one or more labor conciliators to participate in the settlement.