In what cases are labor mediators in Vietnam discharged? What are the procedures for discharging labor mediators in Vietnam?
In what cases are labor mediators in Vietnam discharged?
Pursuant to the provisions of Clause 1, Article 94 of Decree No. 145/2020/ND-CP as follows:
Discharging labor mediators
1. A labor mediator will be discharged in any the following cases:
a) He/she submits a resignation letter;
b) He/she no longer fully satisfies the standards prescribed in Article 92 of this Decree;
c) He/she commits violations of law in a manner that infringes upon interests of either party or the State during performance of a labor mediator’s duties;
d) It is officially concluded that he/she fails to fulfill his/her duties for 02 years according to the labor mediator management regulations;
dd) He/she refuses to perform mediation tasks at least 02 times when assigned to settle labor disputes or disputes over vocational training contracts without justifiable explanation according to the labor mediator management regulations.
According to the above provisions, a labor mediator will be discharged in any the following cases:
- He/she submits a resignation letter;
- He/she no longer fully satisfies the following standards:
+ Be a Vietnamese citizen; have full legal capacity as prescribed by the Labor Code, good health and moral qualities.
+ Have at least a bachelor’s degree and 03 years’ experience in a field relevant to labor relation.
+ Not be facing criminal prosecution; not have any unspent conviction.
- He/she commits violations of law in a manner that infringes upon interests of either party or the State during performance of a labor mediator’s duties;
- It is officially concluded that he/she fails to fulfill his/her duties for 02 years according to the labor mediator management regulations;
- He/she refuses to perform mediation tasks at least 02 times when assigned to settle labor disputes or disputes over vocational training contracts without justifiable explanation according to the labor mediator management regulations.
In what cases are labor mediators in Vietnam discharged? What are the procedures for discharging labor mediators in Vietnam?
What are the procedures for discharging labor mediators in Vietnam?
Pursuant to the provisions of Clause 2, Article 94 of Decree No. 145/2020/ND-CP stipulating the procedures for discharging a labor mediator as follows:
- In the cases he/she submits a resignation letter:
+ Within 05 working days from the receipt of the resignation letter, the Provincial Department of Labor, War Invalids and Social Affairs shall send a written request for approval to the President of the People’s Committee of the province;
- In the cases specified in Point b, Clause 1, Article 94 of Decree No. 145/2020/ND-CP, Point c, Clause 1, Article 94 of Decree No. 145/2020/ND-CP, Point d, Clause 1, Article 94 of Decree No. 145/2020/ND-CP, Point dd Clause 1 Article 94 of Decree No. 145/2020/ND-CP:
On the basis of reports sent by district level Departments of Labor, War Invalids and Social Affairs and survey results, the Provincial Department of Labor, War Invalids and Social Affairs shall send a written request for approval to the President of the People’s Committee of the province;
- Within 10 working days from the receipt of the request, the President of the People’s Committee shall consider approving the discharge.
What benefits are labor mediators in Vietnam entitled to?
Pursuant to the provisions of Clause 1, Article 96 of Decree No. 145/2020/ND-CP, labor mediators are entitled to:
- A remuneration of 5% of the average of applicable monthly minimum wages of all regions prescribed by the Government if he/she is working under a employment contract (from January 01, 2021, the region-based minimum wages prescribed in the Government’s Decree No. 90/2019/ND-CP dated November 15, 2019 shall apply) for each day of performing the labor mediator’s duties as assigned by a competent authority.
The People’s Committees of provinces may propose benefits that are higher than those specified in this Point to People’s Councils of the same provinces within the budget of their provinces;
- Be enabled by their employers to perform labor mediators’ duties as per regulations;
- Be paid as officials and public employees for the performance of labor mediators’ duties as per regulations;
- Advanced training organized by competent authorities;
- Commendations for good performance of labor mediators' duties according to the Law on Emulation and Commendation;
- Other benefits prescribed by law.
LawNet
