Does the labor dispute mandate mediation in Vietnam?

The law of Vietnam always respects the agreement of the parties, so for labor disputes, does the law require the parties to reconcile to negotiate with each other in Vietnam?

According to Clause 1, Article 179 of the Labor Code 2019, labor disputes include individual labor disputes and collective labor disputes.

* For individual labor disputes in Vietnam:

According to Clause 1, Article 188 of the Labor Code 2019, individual labor disputes must be settled through mediation procedures of labor mediators before requesting the Labor Arbitration Council or the Court to settle in Vietnam, except for the following labor disputes that are not required to undergo mediation procedures:

- Regarding labor discipline in the form of dismissal or the case of unilateral termination of the labor contract;

- Regarding compensation for damage and allowance upon termination of the labor contract;

- Between domestic helpers and employers;

- Regarding social insurance in accordance with the law on social insurance, on health insurance in accordance with the law on health insurance, on unemployment insurance in accordance with the law on employment, on insurance against occupational accidents and diseases in accordance with the law on occupational safety and health in Vietnam;

- Regarding compensation for damage between employees and enterprises, organizations sending employees to work abroad under contracts;

- Between the employee and the employer.

* For collective labor disputes in Vietnam:

Collective labour disputes include collective labour disputes over rights and collective disputes over interests.

According to the provisions of Clause 2, Article 191, and Clause 2, Article 195 of the Labor Code 2019, both collective labor disputes on rights and collective labor disputes on interests must be resolved through mediation procedures of labor mediators before requesting the Labor Arbitration Council to resolve or proceed with the strike procedures.

Diem My

 

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