What are regulations on the Labor Arbitration Council in Vietnam? What is settlement of individual labor disputes by the Labor Arbitration Council in Vietnam?

What are regulations on the Labor Arbitration Council in Vietnam?

Hi, I want to ask a question about labor law. What are regulations on the Labor Arbitration Council under the Labor Code 2019? Thank!

Answer: Article 185 of the Labor Code 2019 has provisions on the Labor Arbitration Council, as follows:

1. The President of the People’s Committee of the province shall issue the decision to establish the Labor Arbitration Council, designate its chairperson, secretary and labor arbitrators. The tenure of a Labor Arbitration Council is 05 years.

2. The President of the People’s Committee of the province shall decide the number of labor arbitrators which is at least 15. The number of labor arbitrators nominated by each party shall be equal. To be specific:

a) At least 05 labor arbitrators shall be nominated by the provincial labor authority. The chairperson and secretary shall be officials of the provincial labor authority;

b) At least 05 labor arbitrators shall be nominated by the provincial trade union;

c) At least 05 arbitrators shall be nominated the representative organizations of employees in the province.

3. Standards and working conditions of labor arbitrators:

a) A labor arbitrator shall conversant with law, experienced in labor relations, reputable and objective;

b) When nominating labor arbitrators as prescribed in Clause 2 of this Article, the provincial labor authority, provincial trade union and representative organizations of employees may nominate their people or other people that fully satisfy the standards for labor arbitrators.

c) The secretary of the Labor Arbitration Council shall perform its regular duties. Labor arbitrators may work on a full-time or part-time basis.

4. Whenever a request for labor dispute settlement is received as prescribed in Article 189, 193 and 197 of this Labor Code, the Labor Arbitration Council shall establish an arbitral tribunal as follows:

a) The representative of each disputing party shall choose 01 labor arbitrator from the list of labor arbitrators;

b) The labor arbitrators chosen by the parties as prescribed in Point a of this Clause shall choose 01 other labor arbitrator as the chief of the arbitral tribunal;

c) In case a labor arbitrator is selected by more than one disputing party, the arbitral tribunal shall appoint 01 of the chosen arbitrators.

5. The arbitral tribunal shall work on the principle of collectives and make decision under the majority rule, except for the cases specified in Point c Clause 4 of this Article.

6. The Government shall provide for the procedures, requirements, procedures for designation, dismissal, benefits and working conditions of labor arbitrators and Labor Arbitration Councils; organization and operation of Labor Arbitration Councils; establishment and operation of the arbitral tribunals mentioned in this Article.

What is settlement of individual labor disputes by the Labor Arbitration Council in Vietnam?

Hi, may I ask: What are regulations on settlement of individual labor disputes by the Labor Arbitration Council under the Labor Code 2019? Thank you! 

Answer: Article 189 of the Labor Code 2019 provides:

1. The parties are entitled to, by consensus, request the Labor Arbitration Council to settle the dispute in any of the cases specified in Clause 7 Article 188 of this Labor Code. After the Labor Arbitration Council has been requested to settle a dispute, the parties must not simultaneously request the Court to settle the same dispute, except for the cases specified in Clause 4 of this Article.

2. Within 07 working days from the receipt of the request mentioned in Clause 1 of this Article, an arbitral tribunal shall be established.

3. Within 30 working days from the establishment of the arbitral tribunal, it shall issue a decision on the settlement of the labor dispute and send it to the disputing parties.

4. In case an arbitral tribunal is not established by the deadline specified in Clause 2 of this Article, or a decision on the settlement of the labor dispute is not issued by the arbitral tribunal by the deadline specified in Clause 3 of this Article, the parties are entitled to bring the case to Court.

5. In case a disputing party fails to comply with the decision of the arbitral tribunal, the parties are entitled to bring the case to court.

Do wage disputes settle through mediation by labor mediators in Vietnam?

May I ask, I have been working at the company for 2 years. Recently, the company owes my salary for 2 months. Now, the conflict, I have already reached an agreement but the company is not willing, so I want to ask now, I have to go through the mediation of the labor mediator, right? So that I can sue.

Answer: Pursuant to Clause 1, Article 188 of the Labor Code 2019, procedures for the settlement of individual labor disputes by labor mediators are as follows:

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.

As such, a wage dispute must undergo a mediation procedure by a Labor Mediator, then it can be sued at Court in accordance with the law in Vietnam. Therefore, you are required to go through this procedure. You base the rules to do it right.

Best regards!