Individual labor disputes that are brought to court without mediation procedures that workers need to know in Vietnam?
Regulations on mediation of individual labor disputes? What labor disputes will not require mediation in Vietnam?
Pursuant to Article 188 of the Labor Code 2019, the provisions on mediation of individual labor disputes in Vietnam are specified as follows:
"Article 188. Order and procedures for mediating individual labor disputes of labor mediators
1. Individual labor disputes must be settled through the mediation procedure of the labor mediator before requesting the settlement of the Labor Arbitration Council or the Court, except the following labor disputes are not arrested. must go through mediation:
a) Regarding the labor discipline in the form of dismissal or the case where the labor contract is unilaterally terminated;
b) Regarding compensation for damage and benefits upon termination of labor contracts;
c) Between the domestic worker and the employer;
d) Social insurance in accordance with the law on social insurance, health insurance in accordance with the law on health insurance and unemployment insurance in accordance with the law on employment. , occupational accident and disease insurance in accordance with the law on occupational safety and sanitation;
dd) Regarding compensation for damage between workers and enterprises, organizations sending workers abroad under contracts;
e) Between the re-employed employee and the re-employed employer.
2. Within 05 working days after the labor mediator receives a request from the requesting party or from the agency specified in Clause 3, Article 181 of this Code, the labor mediator mediation must end.
3. Both disputing parties must be present at the mediation meeting. The disputing parties may authorize another person to participate in the mediation session.
4. The labor mediator is responsible for guiding and assisting the parties in negotiating to resolve disputes.
If the parties can reach an agreement, the labor mediator shall make a record of successful mediation. The record of successful mediation must be signed by the disputing parties and the labor mediator.
In case the parties cannot reach an agreement, the labor mediator offers a mediation option for the parties to consider. In case the parties accept the mediation plan, the labor mediator shall make a record of successful mediation. The record of successful mediation must be signed by the disputing parties and the labor mediator.
In case the mediation plan is not accepted or the disputing party has been duly summoned validly for the second time but is still absent without a plausible reason, the labor mediator shall make a record of unsuccessful mediation. The record of unsuccessful mediation must be signed by the disputing party present and the labor mediator.
5. A copy of the record of successful mediation or unsuccessful mediation must be sent to the disputing parties within 01 working day from the date of making the record.
6. In case one of the parties does not implement the agreements in the record of successful mediation, the other party has the right to request the Labor Arbitration Council or the Court to settle it.
7. In cases where it is not required to go through mediation procedures specified in Clause 1 of this Article or the mediation duration specified in Clause 2 of this Article expires but the labor mediator does not conduct mediation or the mediation case If the settlement fails under the provisions of Clause 4 of this Article, the disputing parties have the right to choose one of the following methods to settle the dispute:
a) Request the Labor Arbitration Council to resolve in accordance with Article 189 of this Code;
b) Request the resolution of the Court. "
Accordingly, individual labor disputes must be resolved through the mediation procedure of a labor mediator.
Individual labor disputes that are brought to court without mediation procedures that workers need to know in Vietnam?
Which agency is the authority to settle individual labor disputes in Vietnam?
The competence to settle individual labor disputes in Vietnam is specified in Article 187 of the 2019 Labor Code, specifically as follows:
"Article 187. Competence to settle individual labor disputes
Agencies, organizations and individuals competent to settle individual labor disputes include:
1. Labor mediator;
2. The labor arbitration council;
3. People's Court. "
Is conciliation compulsory in Vietnam?
Collective labor disputes include collective labor disputes over rights and collective disputes over interests.
Under the provisions of Clause 2, Article 191, Clause 2, Article 195 of the Labor Code 2019, both the collective labor dispute over the rights and the collective labor dispute over interests in Vietnam must be resolved through procedures. Conciliation by the labor mediator before requesting the Labor Arbitration Council to settle or go on strike.
Pursuant to Article 191 of the 2019 Labor Code:
"Article 191. Competence to settle rights-related collective labor disputes
1. Agencies, organizations and individuals competent to settle rights-related collective labor disputes include:
a) Labor mediator;
b) The labor arbitration council;
c) People's Court.
2. Rights-related collective labor disputes must be resolved through the mediation procedure of the labor mediator before being requested by the Labor Arbitration Council or the Court. "
Pursuant to Article 195 of the Labor Code 2019:
"Article 195. Competence to settle interest-related collective labor disputes
1. Organizations and individuals that are competent to settle interest-related collective labor disputes include:
a) Labor mediator;
b) The labor arbitration council.
2. Interests collective labor disputes must be resolved through the mediation procedure of the labor mediator before requesting the labor arbitration council to settle or go on strike. "
Accordingly, for your question, each type of labor dispute has its own mediation procedure. Whether it is an individual labor dispute or a collective labor dispute, it must be resolved through the mediation procedure of the labor mediator before requesting the labor arbitration council to resolve or proceed with the procedure. strike.
Above is some of the information we provide to you. Best regards!
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