Order, Procedures for Resolving Collective Labor Disputes Over Interests; Statute of Limitations for Requesting Resolution of Collective Labor Disputes Over Rights
Procedure and Process for Resolving Collective Labor Disputes Regarding Benefits from 2021
Could you please provide information on the procedure and process for resolving collective labor disputes regarding benefits according to the 2019 Labor Code? Thank you!
Response: Article 196 of the 2019 Labor Code states:
Procedure and process for resolving collective labor disputes regarding benefits:
The procedures and processes for mediating collective labor disputes regarding benefits shall be conducted in accordance with the provisions of Clauses 2, 3, 4, and 5 of Article 188 of this Code.
In the event of successful mediation, the mediation record must include all agreed-upon contents, signed by the disputing parties and the labor mediator. The mediation record has legal value equivalent to a collective labor agreement of the enterprise.
In the event of unsuccessful mediation or the expiration of the mediation period specified in Clause 2 of Article 188 of this Code without the labor mediator conducting mediation or one of the parties not implementing the agreement in the mediation record, the disputing parties have the right to choose one of the following methods to resolve the dispute:
a) Request the Labor Arbitration Council to resolve in accordance with Article 197 of this Code;
b) The labor representative organization has the right to proceed with the procedures specified in Articles 200, 201, and 202 of this Code to go on strike.
Jurisdiction for Resolving Collective Labor Disputes Regarding Benefits from 2021
Could you please provide information on the jurisdiction for resolving collective labor disputes regarding benefits according to the 2019 Labor Code? Thank you!
Response: Article 195 of the 2019 Labor Code states:
Jurisdiction for resolving collective labor disputes regarding benefits:
- Organizations and individuals with jurisdiction to resolve collective labor disputes regarding benefits include:
a) Labor mediators;
b) Labor Arbitration Council.
- Collective labor disputes regarding benefits must be resolved through the mediation procedure of labor mediators before requesting the Labor Arbitration Council to resolve or proceeding with the strike procedures.
Statute of Limitations for Requesting Settlement of Collective Labor Disputes Regarding Rights
Specialist, could you please provide information on the statute of limitations for requesting the settlement of collective labor disputes regarding rights according to the 2019 Labor Code?
Response: Article 194 of the 2019 Labor Code states:
Statute of limitations for requesting the settlement of collective labor disputes regarding rights:
The statute of limitations for requesting a labor mediator to mediate a collective labor dispute regarding rights is 06 months from the date the disputing party discovers the act that they believe infringes upon their legitimate rights.
The statute of limitations for requesting the Labor Arbitration Council to resolve a collective labor dispute regarding rights is 09 months from the date the disputing party discovers the act that they believe infringes upon their legitimate rights.
The statute of limitations for requesting the Court to resolve a collective labor dispute regarding rights is 01 year from the date the disputing party discovers the act that they believe infringes upon their legitimate rights.
Best regards!
