What are rights and obligations of two parties in labor dispute settlement in Vietnam? In labor dispute settlement in Vietnam, what rights do parties have?
Please ask: What are rights and obligations of two parties in labor dispute settlement in Vietnam? In labor dispute settlement in Vietnam, what rights do parties have? What is settlement of interest-based collective labor disputes by Labor Arbitration Council in Vietnam?
What are rights of two parties in labor dispute settlement in Vietnam?
Hello, let me ask a few questions about labor disputes, specifically as follows: In labor dispute settlement, what rights do parties have according to the 2019 Labor Code? Thank!
Answer: Clause 1, Article 182 of the 2019 Labor Code has regulations on the rights of parties in labor disputes as follows:
1. During the labor dispute settlement process, the two disputing parties have the rights to:
a) Participate directly or through a representative in the labor dispute settlement process;
b) Withdraw or change the contents of the request;
c) Request for a change of the person in charge of labor dispute settlement where there reasonable grounds for believing that the said person may not be impartial or objective.
What are rights and obligations of two parties in labor dispute settlement in Vietnam?
Let me ask: What are rights and obligations of two parties in labor dispute settlement in Vietnam according to the 2019 Labor Code? Thank you very much.
Reply: Article 182 of the 2019 Labor Code stipulates:
Rights and obligations of the two parties in labor dispute settlement
1. During the labor dispute settlement process, the two disputing parties have the rights to:
a) Participate directly or through a representative in the labor dispute settlement process;
b) Withdraw or change the contents of the request;
c) Request for a change of the person in charge of labor dispute settlement where there reasonable grounds for believing that the said person may not be impartial or objective.
2. During the labor dispute settlement process, the two parties have the responsibility to:
a) Promptly and adequately provide documents and evidence to support his/her request;
b) Abide by the agreement reached, decision of the arbitral tribunal, court judgment or decision which when it comes into effect.
What are rights and obligations of two parties in labor dispute settlement in Vietnam? In labor dispute settlement in Vietnam, what rights do parties have? (Image from the Internet)
What is settlement of interest-based collective labor disputes by Labor Arbitration Council in Vietnam?
Expert, let me ask: What is settlement of interest-based collective labor disputes by Labor Arbitration Council in Vietnam according to the 2019 Labor Code regulated? Thank you very much!
Answer: Article 197 of the 2019 Labor Code stipulates:
1. In case the mediation is unsuccessful, the labor mediator fails to initiate the mediation by the deadline specified in Clause 2 Article 188 of this Labor Code, or a party fails to adhere to the agreements in the successful mediation record, the disputing parties are entitled to, by consensus, request the Labor Arbitration Council to settle the dispute.
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, in accordance with labor laws, the registered internal labor regulations and collective bargaining agreement, other lawful agreement and regulations, the arbitral tribunal shall issue a decision on dispute settlement and send it to the disputing parties.
4. While the Labor Arbitration Council is settling a dispute at the request of the parties as prescribed in this Article, the representative organization of employees must not call a strike.
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, or the employer that is a disputing party fails to implement the settlement decision issued by the arbitral tribunal, the representative organization of employees that is a disputing party is entitled to call a strike following the procedures specified in Articles 200, 201 and 202 of this Labor Code.
Best regards!
