What are regulations on labor mediators in Vietnam? Who has right to assign labor mediators in Vietnam?
What are regulations on labor mediators in Vietnam? Who has right to assign labor mediators in Vietnam? What are procedures for the settlement of individual labor disputes by labor mediators in Vietnam?
What are regulations on labor mediators in Vietnam?
Regarding the recently issued 2019 Labor Code, let me ask: What are regulations on labor mediators in Vietnam under the 2019 Labor Code? Thank your very much.
Answer: Article 184 of the 2019 Labor Code stipulates:
1. Labor mediators shall be assigned by the President of the People’s Committee of the province to mediate labor disputes and disputes over vocational training contracts; assist in development of labor relation.
2. The Government shall provide for the standards, procedures for assignments, benefits, working conditions and management of labor mediators; power and procedures for outsourcing labor mediators.
Who has right to assign labor mediators in Vietnam?
Who has right to assign labor mediators in Vietnam? Basis for considering appointment from the beginning?
Answer: Clause 1, Article 184 of the 2019 Labor Code stipulates:
1. Labor mediators shall be assigned by the President of the People’s Committee of the province to mediate labor disputes and disputes over vocational training contracts; assist in development of labor relation.
Thus, the labor mediator is a person appointed by the Chairman of the Provincial People's Committee.
According to the order and procedures for selecting and appointing labor conciliators specified in Article 92 of Decree 145/2020/ND-CP, based on the request of the Department of Labor, War Invalids and Social Affairs, the Chairman of the Committee Provincial People's Committees consider and decide to appoint labor mediators according to the list of appointed positions of each labor mediator under the management authority of the Department of Labor, War Invalids and Social Affairs and the Labor Department. Labor - Invalids and Social Affairs presented by the Department of Labor, War Invalids and Social Affairs.
What are regulations on labor mediators in Vietnam? Who has right to assign labor mediators in Vietnam? (Image from the Internet)
What are procedures for the settlement of individual labor disputes by labor mediators in Vietnam?
Let me ask: What are procedures for the settlement of individual labor disputes by labor mediators in Vietnam according to the 2019 Labor Code? Thank you!
Answer: Article 188 of the 2019 Labor Code stipulates:
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 worker 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 worker and the client enterprise.
2. The Labor Arbitration Council shall complete the mediation process within 05 working days from the receipt of the request from the disputing parties or the authority mentioned in Clause 3 Article 181 of this Labor Code.
3. Both disputing parties must be present at the mediation meeting. The disputing parties may authorize another person to attend the mediation meeting.
4. The labor mediator shall instruct and assist the parties to negotiate with each other.
In case the two parties reach an agreement, the labor mediator shall prepare a written record of successful mediation which bears the signatures of the disputing parties and the labor mediator.
In case the two parties do not reach an agreement, the labor mediator shall recommend a mediation option for the disputing parties to consider. In case the parties agree with the recommended mediation option, the labor mediator shall prepare a written record of successful mediation which bears the signatures of the disputing parties and the labor mediator.
Where the two parties do not agree with the recommended mediation option or where one of the disputing parties is absent for the second time without a valid reason after having been legitimately summoned, the labor mediator shall prepare a record of unsuccessful mediation which bears the signatures of the present disputing parties and the labor mediator.
5. Copies of the record of successful mediation or unsuccessful mediation shall be sent to the disputing parties within 01 working day from the date on which it is prepared.
6. In case a disputing party fails to adhere to the agreements specified in the record of successful mediation, the other party may request a Labor Arbitration Council or the Court to settle the case.
7. In case mediation is not mandatory as prescribed in Clause 1 of this Article, the labor mediator fails to initiate the mediation by the deadline specified in Clause 2 of this Article, or the mediation is unsuccessful as prescribed in Clause 4 of this Article, the disputing parties may:
a) request the Labor Arbitration Council to settle the dispute in accordance with Article 189 of this Labor Code; or
b) Request the Court to settle the dispute.
Best regards!
