When is a Mediator Considered to Have Completed Their Duties?

22:50, 09/07/2024

The content is stipulated in detail in Circular 08/2013/TT-BLDTBXH issued by the Ministry of Labor, War Invalids, and Social Affairs providing guidance on Decree 46/2013/ND-CP detailing the implementation of certain provisions of the Labor Code regarding labor disputes.

According to Article 8 of Circular 08/2013/TT-BLDTBXH, the Department of Labor, War Invalids and Social Affairs is responsible for annually assessing the performance of labor mediators with the following contents: the number of cases assigned for mediation, the number of cases participated in mediation, the number of successfully mediated cases, compliance with legal regulations on labor dispute resolution, and adherence to the decisions of the Chairman of the district-level People's Committee for participating in labor dispute resolution.

Evaluation of labor mediator's performance, Circular 08/2013/TT-BLDTBXH

Illustration (source: internet)

Additionally, Circular 08 also stipulates that labor mediators are considered to have completed their tasks if they meet the following regulations:

- Compliance with legal regulations on labor dispute resolution;- Compliance with the decisions of the Chairman of the district-level People's Committee for participating in labor dispute resolution;- The number of successfully mediated cases must exceed 50% of the cases they participated in mediation.

Regarding the policies for reporting the mediation results of labor mediators in labor dispute cases, the implementation is as follows:

- Labor mediators are responsible for reporting the results of each mediation case, accompanied by the minutes of the mediation sessions, to the Department of Labor, War Invalids and Social Affairs.- The Department of Labor, War Invalids and Social Affairs is responsible for managing, storing the files, and minutes of labor dispute resolution by mediators; reporting periodically every 6 months and ad hoc upon request on mediation activities in the area to the Chairman of the district-level People's Committee and the Department of Labor, War Invalids and Social Affairs.- Periodically every 6 months and ad hoc upon request on mediation activities in the area, the Department of Labor, War Invalids and Social Affairs reports the results of the appointment, dismissal, and mediation activities in labor disputes to the Chairman of the provincial-level People's Committee and the Ministry of Labor, War Invalids and Social Affairs.

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

Thu Ba

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