Circular 08: Four Cases in Which a Labor Mediator Can Be Dismissed

Article 9 of Circular 08/2013/TT-BLDTBXH stipulates that a labor mediator may be dismissed under one of the following conditions:

Illustrative image (source: Internet)

- Submitting a request to resign from the position of labor mediator using Form No. 05/HGV issued with this Circular.- Being consecutively evaluated as not completing the task for 2 years according to the provisions of Article 8 of this Circular.- Committing acts that violate the law, abusing their reputation, authority, and responsibilities to harm the interests of the parties or the interests of the State during the mediation process in any of the following cases:

- Any of the provisions in Article 3 of the Law on Anti-Corruption;- Not performing the mediation duties impartially or objectively.- The Chairman of the District People's Committee is responsible for chairing a meeting to review the extent of the labor mediator's legal violations with the presence of the labor mediator, representatives of the District Department of Labor, War Invalids, and Social Affairs, and the parties related to the labor mediator's violations. The meeting minutes must be signed by the labor mediator and representatives of the participating parties.

- Failing to perform mediation tasks according to the decision of appointment by the Chairman of the District People's Committee for two or more times within the specified timeframe without a legitimate reason.

The document from the Chairman of the District People's Committee proposing the dismissal of the labor mediator must be sent to the Chairman of the Provincial People's Committee, accompanied by the Resignation Request (for cases where a resignation request is submitted) or the Report of Task Incompletion by the District Department of Labor, War Invalids, and Social Affairs (for cases evaluated as not completing the task for 2 consecutive years) or the Meeting Minutes reviewing the extent of legal violation (for cases of law violations, abusing reputation, authority, and responsibilities to harm the parties' interests or the State's interests during mediation).

The decision of dismissal of a labor mediator by the Chairman of the Provincial People's Committee is to be implemented following Form No. 06/HGV issued with this Circular.

For more regulations, see Circular 08/2013/TT-BLDTBXH effective from August 1, 2013.

Thu Ba

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