Only Allowed to File a Labor Complaint with the Department of Labor Inspectorate When the Employer Does Not Resolve the Complaint

Employees can only file a labor complaint with the Department of Labor's inspector if the employer does not resolve the complaint, is that correct? Or can they file a complaint directly with the inspector of the department?

According to Article 15 of Decree 24/2018/ND-CP, which stipulates the authority to resolve complaints about labor, safety, and labor hygiene, it is provided that:

The employer has the authority to resolve the first complaint regarding decisions and actions related to labor, safety, and labor hygiene of their own that are being complained about.

The Chief Inspector of the Department of Labor - Invalids and Social Affairs, where the employer is headquartered, has the authority to resolve the second complaint regarding labor, safety, and labor hygiene when the complainant disagrees with the resolution of the first complaint as stipulated in Article 23 or the time limit as stipulated in Article 20 of this Decree has expired without the complaint being resolved.

Thus, in principle, when there is a complaint about labor, the employee must first lodge the initial complaint to the employer. If the employer fails to resolve the complaint within the stipulated time limit, the employee can then lodge the second complaint with the Chief Inspector of the Department of Labor - Invalids and Social Affairs, where the employer is headquartered.

Sincerely!

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