Guidance on Procedures for Receiving and Appointing Mediators to Resolve Labor Disputes

The reception of requests for labor dispute resolution and the appointment of labor mediators to participate in resolving labor disputes are carried out according to the guidance in Article 7 of Circular 08/2013/TT-BLDTBXH as follows:

Illustrative image (source: internet)

Step 1: The Department of Labor - Invalids and Social Affairs is responsible for receiving requests for mediation of labor disputes, disputes concerning vocational training contracts. Subsequently, the requesting party may select a labor mediator and request the Department of Labor - Invalids and Social Affairs to appoint the labor mediator to participate in resolving the labor dispute.

Step 2: Within 1 working day following the receipt of the request for labor dispute resolution, the Department of Labor - Invalids and Social Affairs must report to the Chairman of the District People's Committee, who will then decide on the appointment of a labor mediator to participate in resolving the labor dispute. Similarly, within 1 working day following the receipt of the report from the Department of Labor - Invalids and Social Affairs, the Chairman of the District People's Committee must decide on the appointment of a labor mediator to participate in resolving the labor dispute.

The decision to appoint a labor mediator to participate in resolving the labor dispute follows the template number 04/HGV issued in conjunction with this Circular.

Step 3: Within 1 working day following the receipt of the decision on the appointment to participate in resolving the labor dispute, the labor mediator must notify the parties in dispute of the program, time, and venue of the mediation session at least 1 working day in advance.

When necessary, the Department of Labor - Invalids and Social Affairs may report to the Chairman of the District People's Committee to request the Chairman of a different District People's Committee within the province to appoint a labor mediator to assist in resolving the labor dispute.

The District People's Committee, where the request for support of the labor mediator is made, is responsible for ensuring the mediation conditions as stipulated in Article 7 of Decree 46/2013/ND-CP.

See additional regulations in Circular 08/2013/TT-BLDTBXH effective from August 1, 2013.

Thu Ba

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