How many types of labor disputes are there? What are the labor dispute settlement principles in Vietnam?
How many types of labor disputes are there?
Pursuant to Article 179 of the 2019 Labor Code of Vietnam stipulating as follows:
Labor disputes in Vietnam
1. A labor dispute means a dispute over rights, obligations and interests among the parties during the establishment, execution or termination of labor relation; a dispute between the representative organizations of employees; a dispute over a relationship that is directly relevant to the labor relation. Types of labor disputes:
a) Labor disputes between the employee and the employer; between the employee and the organization that sends the employee to work overseas under a contract; between the outsourced worker and the client enterprise.
b) Right-based or interest-based collective labor disputes between one or several representative organizations of employees and the employer or one or several representative organizations of employees.
2. A right-based collective labor dispute of rights means a dispute between one or several representative organizations of employees and the employer or one or several representative organizations of employees in case of:
a) Discrepancies in interpretation and implementation of the collective bargaining agreement, internal labor regulations and other lawful agreements;
b) Discrepancies in interpretation and implementation of labor laws; or
c) The employer’s discrimination against the employees or members of the management board of the representative organization of employees for reasons of establishment, operation or participation in the organization; the employer’s interference or influencing the representative organization of employees; the employer’ violations against amicable negotiation.
3. a) Interest-based collective labor disputes include:
a) Labor disputes that arise during the process of collective bargaining;
a) A party refuses to participate in the collective bargaining or the collective bargaining is not held within the time limit prescribed by law.
According to the above regulations, there are two types of labor disputes: Individual labor disputes and right-based or interest-based collective labor disputes.
How many types of labor disputes are there? What are the labor dispute settlement principles in Vietnam?
What are the regulations on the cooperation in the labor dispute settlement in Vietnam?
Pursuant to Article 181 of the 2019 Labor Code of Vietnam stipulating as follows:
Responsibilities of organizations and individuals during labor dispute settlement
1. The labor authority shall cooperate with the representative organization of employees and representative organization of employees in giving instructions and assisting the parties during the process of labor dispute settlement.
2. The Ministry of Labor, Invalids and Social Affairs shall organize training to improve the professional capacity of labor mediators and arbitrators for labor dispute settlement.
3. The provincial labor authority, when requested, shall receive and classify the request for labor dispute settlement, provide instructions and assist the parties during the process of labor dispute settlement.
Within 05 working days, the receiving authority shall transfer the request to the labor mediators if mediation is mandatory; to the arbitral tribunal if the dispute has to be settled by arbitration, or instruct the parties to file the petition to the court.
Thus, the labor authority shall cooperate with the representative organization of employees and representative organization of employees in giving instructions and assisting the parties during the process of labor dispute settlement.
What are the labor dispute settlement principles in Vietnam?
Pursuant to Article 180 of the 2019 Labor Code of Vietnam, the principles of labor dispute settlement are as follows:
- Respect the parties’ autonomy through negotiation throughout the process of labor dispute settlement.
- Prioritize labor dispute settlement through mediation and arbitration on the basis of respect for the rights and interests of the two disputing parties, and respect for the public interest of the society and conformity with the law.
- The labor dispute shall be settled publicly, transparently, objectively, promptly, and lawfully.
- Ensure the participation of the representatives of each party in the labor dispute settlement process.
- Labor dispute settlement shall be initiated by a competent authority or person after it is requested by a disputing party or by another competent authority or person and is agreed by the disputing parties.
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