What is the guidance for authorizing the internal trade union to participate in civil procedure for settling labor disputes in Vietnam?
Is mediation required for an individual labor dispute before initiating a lawsuit in Court in Vietnam?
Under Article 188 of the Labor Code 2019 which regulates the procedures for the settlement of individual labor disputes by labor mediators:
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 employee 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 employee and the client enterprise.
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Thus, according to the above regulation, 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 employee 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 employee and the client enterprise.
What is the guidance for authorizing the internal trade union to participate in civil procedure for settling labor disputes in Vietnam?
What is the guidance for authorizing the internal trade union to participate in civil procedure for settling labor disputes in Vietnam?
According to Subsection 2, Section 3, Part 1 of Guidance 92/HD-TLD year 2023, the guidance for authorizing the internal trade union to participate in the civil procedure for settling labor disputes in Vietnam is specified as follows:
+ For employees: Make an authorization letter to the Trade Union to file a labor lawsuit (directly sign the petition) under Clause 2, Article 187 of the Civil Procedure Code 2015 and participate in settling individual labor disputes at courts of all levels.
+ In cases where multiple employees have the same request against the employer in the same enterprise or unit, they may authorize a representative of the Trade Union to file a labor lawsuit and participate in the litigation at court on their behalf according to Clause 3, Article 85 of the Civil Procedure Code 2015.
- The authorization of employees to the Trade Union must be notarized at a professional notary organization.
The authorization letter must clearly specify the authorization contents, including signing the petition, and supplementary petition, and participating in the process of settling the labor case, and labor matter at courts of all levels, including appealing the first instance judgments and decisions.
In cases where employees authorize the internal trade union and the internal trade union intends to reauthorize a higher-level Trade Union to participate in the litigation (if the internal trade union is unable to participate), the authorization letter's content must clearly state that the authorized person is allowed to reauthorize a third party to represent the employees in the litigation.
What is the time limit for requesting the settlement of individual labor disputes by the Count in Vietnam?
Under Article 190 of the Labor Code 2019 on the settlement of individual labor disputes by the Labor Arbitration Council:
Time limits for requesting settlement of individual labor disputes
1. The time limit to request a labor mediator to settle an individual labor dispute is 06 months from the date on which a party discovers the act of infringement of their lawful rights and interests.
2. The time limit to request a Labor Arbitration Council to settle an individual labor dispute is 09 months from the date on which a party discovers the act of infringement of their lawful rights and interests.
3. The time limit to bring an individual labor dispute to the Court is 01 year from the day on which a party discovers the act of infringement of their lawful rights and interests.
4. In case the requester is able to prove that the aforementioned time limits cannot be complied with due to a force majeure event or unfortunate event, the duration of such event shall not be included in the time limit for requesting settlement of individual labor dispute.
The time limit for requesting the settlement of individual labor disputes by the Count in Vietnam is 01 year from the day on which a party discovers the act of infringement of their lawful rights and interests.
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