This is a notable regulation mentioned in Circular 08/2013/TT-BLDTBXH issued by the Ministry of Labor, Invalids and Social Affairs, providing guidance on Decree 46/2013/ND-CP dated May 10, 2013, of the Government of Vietnam, detailing the implementation of certain provisions of the Labor Code regarding labor disputes.
According to current regulations, each district, district-level town, city under the province must have a labor mediator. Based on the number of enterprises and the level of labor disputes in the area, the Department of Labor - Invalids and Social Affairs determines the number of labor mediators to submit to the Chairman of the district-level People's Committee for a decision.
Quarter 4 of every year, based on the level of labor dispute resolution, the number of enterprises, and the number of current labor mediators, the Department of Labor - Invalids and Social Affairs reports to the Chairman of the district-level People's Committee to supplement the number of labor mediators as the basis for selection according to regulations.
Illustrative image (source: internet)
To be specific, the procedure for selecting labor mediators is specified in Article 4 of Circular 08/2013/TT-BLDTBXH as follows:
- Based on the standards for labor mediators specified in Article 4 of Decree 46/2013/ND-CP and the number of labor mediators needed, the Department of Labor - Invalids and Social Affairs announces the selection of labor mediators in the local mass media.- The Department of Labor - Invalids and Social Affairs is responsible for introducing an official from the management office to appoint the labor mediator.- The list of qualified individuals is reported to the Chairman of the district-level People's Committee to propose the appointment of labor mediators as specified in point c, Clause 2, Article 5 of Decree 46/2013/ND-CP and is prepared according to form number 02/HGV issued with this Circular.
The decision to appoint labor mediators by the Chairman of the provincial People's Committee is made according to form number 03/HGV issued with this Circular.
The list of labor mediators must be made public according to point g, Clause 2, Article 5 of Decree 46/2013/ND-CP as follows:
- Publicly posted at the Department of Labor - Invalids and Social Affairs, and the Department of Labor - Invalids and Social Affairs.- Published on the electronic information page of the district-level People's Committee and the Department of Labor - Invalids and Social Affairs.- Announced on local mass media.
More details can be found in Circular 08/2013/TT-BLDTBXH which took effect on August 1, 2013.
Thu Ba
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