What is a labor dispute?

By Hoa Nguyen

09/12/2024

This article explains the concept of labor disputes, a common problem in labor relations. Understanding the causes of disputes and possible solutions will help you protect your rights and maintain a harmonious and fair working environment. Discover how to handle labor disputes effectively and legally.

What is a labor dispute?

Labor disputes are regulated in Article 179 of the 2019 Labor Code as follows:

- Labor disputes are disputes over rights, obligations and interests arising between parties in the process of establishing, implementing or terminating labor relations; disputes between organizations representing employees; disputes arising from relationships directly related to labor relations. Types of labor disputes include:

+ Individual labor disputes between employees and employers; between employees and enterprises and organizations sending employees to work abroad under contracts; between re-hired employees and re-hired employers;

+ Collective labor disputes over rights or interests between one or more organizations representing employees and the employer or one or more organizations of employers.

- Collective labor disputes over rights are disputes between one or more organizations representing employees and the employer or one or more organizations of employers arising in the following cases:

+ There are differences in understanding and implementing the provisions of collective labor agreements, labor regulations, regulations and other legal agreements;

+ There are differences in understanding and implementing labor law regulations;

+ When the employer discriminates against employees or members of the management board of the employee representative organization for the reason of establishing, joining or operating in the employee representative organization; interfering with or manipulating the employee representative organization; violating the obligation to negotiate in good faith.

- Collective labor disputes over interests include:

+ Labor disputes arising during collective bargaining;

+ When one party refuses to negotiate or does not negotiate within the time limit prescribed by law.

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