Vietnam: What is the individual labor dispute? Which agency has the competence to settle individual labor disputes?
What is the labor dispute in Vietnam?
Pursuant to Article 179 of the Labor Code 2019 on labor disputes as follows:
Labor disputes
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.
Thus, an individual labor dispute is a dispute 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.
Which agency has the competence to settle individual labor disputes in Vietnam?
Pursuant to Article 187 of the Labor Code 2019 on competence to settle individual labor disputes in Vietnam as follows:
Competence to settle individual labor disputes
The following agencies, organizations and individuals have the competence to settle individual labor disputes:
1. Labor mediators;
2. Labor Arbitration Councils;
3. The People’s Court.
Accordingly, Labor mediators, Labor Arbitration Council, and People's Court will settle individual labor disputes in Vietnam. In addition, Labor mediators have the competence to settle individual labor disputes at enterprises.
What are the individual labor disputes which mediation is not mandatory in Vietnam?
Pursuant to Article 188 of the 2019 Labor Code on procedures for the settlement of individual labor disputes by labor mediators as follows:
Procedures for the settlement of individual labor disputes by labor mediators
1. Individual labor disputes shall be settled through mediation by labor mediators before being brought to the Labor Arbitration Council or the Court, except for the following labor disputes for which mediation is not mandatory:
a) Disputes over dismissal for disciplinary reasons; unilateral termination of employment contracts;
b) Disputes over damages and allowances upon termination of employment contracts;
c) Disputes between a domestic worker and his/her employer;
d) Disputes over social insurance in accordance with social insurance laws; disputes over health insurance in accordance with health insurance laws ; disputes over unemployment insurance in accordance with employment laws; disputes over insurance for occupational accidents and occupational disease in accordance with occupational safety and health laws;
dd) Disputes over damages between an employee and organization that dispatches the employee to work overseas under a contract;
e) Disputes between the outsourced worker and the client enterprise.
2. The Labor Arbitration Council shall complete the mediation process within 05 working days from the receipt of the request from the disputing parties or the authority mentioned in Clause 3 Article 181 of this Labor Code.
3. Both disputing parties must be present at the mediation meeting. The disputing parties may authorize another person to attend the mediation meeting.
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Thus, individual labor disputes shall be settled through mediation by labor mediators before being brought to the Labor Arbitration Council or the Court, except for the following labor disputes for which mediation is not mandatory:
- Disputes over dismissal for disciplinary reasons; unilateral termination of employment contracts;
- Disputes over damages and allowances upon termination of employment contracts;
- Disputes between a domestic worker and his/her employer;
- Disputes over social insurance in accordance with social insurance laws; disputes over health insurance in accordance with health insurance laws ; disputes over unemployment insurance in accordance with employment laws; disputes over insurance for occupational accidents and occupational disease in accordance with occupational safety and health laws;
- Disputes over damages between an employee and organization that dispatches the employee to work overseas under a contract;
- Disputes between the outsourced worker and the client enterprise.
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