What is the compensation of labor arbitrators according to Vietnamese regulations? Who will arrange vehicles and working places for arbitrators in Vietnam?
What is the compensation of a labor arbitrator in Vietnam?
Pursuant to Clause 1, Article 103 of Decree 145/2020/ND-CP stipulates as follows:
Article 103. Benefits and operating conditions of labor arbitrators and labor arbitration councils
1. Labor arbitrators are entitled:
a) An allowance of 5% of the average of applicable monthly minimum wage 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 studying case files, collecting evidence and attending meetings to settle labor disputes as assigned.
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;
b) Be enabled by their employers to participate in labor arbitration councils and arbitral tribunals;
c) Be paid as officials and public employees for participation in arbitral tribunals;
b) Advanced training organized by competent authorities;
dd) Commendations for good performance of labor arbitrators’ duties according to the Law on Emulation and Commendation;
e) Other benefits prescribed by law.
According to the above provisions, the compensation for labor arbitrators who study case files, collect evidence and conduct labor dispute settlement meetings as assigned will receive 5% of the monthly minimum wage on average for employees working under labor contracts.
What is the compensation of labor arbitrators according to Vietnamese regulations? Who will arrange vehicles and working places for arbitrators in Vietnam?
Who is responsible for arranging places and working facilities for labor arbitrators in Vietnam?
Pursuant to Clause 3, Article 103 of Decree 145/2020/ND-CP stipulates as follows:
Article 103. Benefits and operating conditions of labor arbitrators and labor arbitration councils
…
3. Operating conditions of labor arbitrators, arbitral tribunals and labor arbitration councils:
a) Provincial Departments of Labor, War Invalids and Social Affairs shall prepare working location, equipment, document, office supplies and other conditions serving operation of labor arbitrators, arbitral tribunals and labor arbitration councils;
b) Labor arbitration councils shall work within the premises of Provincial Departments of Labor, War Invalids and Social Affairs;
c) Funding for operation of labor arbitration councils shall be covered by state budget and included in annual budget for regular expenditures of the Ministry of Labor, War Invalid and Social Affairs. The management, use and reporting of state funding shall comply with regulations of law on state budget and their guiding documents.
Accordingly, the Department of Labor, War Invalids and Social Affairs will be responsible for arranging locations, working facilities, documents, stationery and other necessary conditions for labor arbitrators to work.
Who has the authority to appoint or dismiss labor arbitrators in Vietnam?
Pursuant to Article 104 of Decree 145/2020/ND-CP stipulating as follows:
Article 104. State management of labor arbitrators and labor arbitration councils
1. The Ministry of Labor, War Invalid and Social Affairs shall:
a) Promulgate or propose promulgation of legislative documents on labor arbitrators and labor arbitration councils;
b) Provide information and guidance; carry out inspection and supervision of implementation of regulations on labor arbitrators and labor arbitration councils;
c) Formulate and run advanced training programs for labor arbitrators.
2. Presidents of the People’s Committees of provinces shall:
a) Designate and discharge labor arbitrators; establish labor arbitration councils;
b) Provide guidance; carry out implementation of policies on benefits and commendations for labor arbitrators and labor arbitration councils in accordance with this Decree.
3. Provincial Departments of Labor, War Invalids and Social Affairs shall:
a) Verify documents and propose designation and discharge labor arbitrators; establishment of labor arbitration councils;
b) Comments on operating regulations of labor arbitration councils before promulgation;
c) Ensure working conditions of labor arbitrators, arbitral tribunals and labor arbitration councils; provide benefits for labor arbitrators and personnel of labor arbitration councils; manage and retain documents about labor arbitrators, labor arbitration councils, dispute cases and relevant documents;
d) Take charge and cooperate with specialized units of the Ministry of Labor, War Invalid and Social Affairs in providing advanced training for labor arbitrators in their provinces;
dd) Carry out inspection and supervision of labor arbitration as prescribed by law;
e) Submit annual reports on performance of labor arbitrators and labor arbitration councils to the President of the People’s Committee of the province and the Ministry of Labor, War Invalid and Social Affairs.
According to the above provisions, the Chairman of the Provincial People's Committee is the person competent to appoint and dismiss labor arbitrators.
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