Rights and obligations of the union to resolve labor disputes in Vietnam

According to Article 200 and 203 of the Labor Code 1012 of Vietnam, agencies, organizations and persons competent to settle collective labor disputes include:

- Agencies and persons competent to settle individual labor disputes include labor conciliators, People’s Courts.

- Agencies, organizations and persons competent to settle right-based collective labor disputes include labor conciliators; Chairpersons of People’s Committees of districts, towns or provincial cities  and People’s Courts.

- Agencies, organizations and persons competent to settle interest-based collective labor disputes include labor conciliators, the Labor Arbitration Council.

According to Article 8 of the Decree No. 43/2013/NĐ-CP of the Vietnam’s Government, rights and obligations of the union to cooperate with organizations and individuals competent to resolve labor disputes are as follows:

- The grassroots union is entitled to request organizations and individuals competent to resolve labor disputes to comply with the order and procedure as prescribed by law.

- The grassroots union is obliged to:

+ Provide guidance and support employees in resolving individual labor disputes at their request; participate in the resolution of individual labor disputes on the employees’ behalf when being authorized by employees;

+ Participate in the meetings about the resolution of individual labor disputes held by labor conciliators at their request.

- The superior union is obliged to:

+ Cooperate with organizations and individuals competent to resolve collective labor disputes as prescribed by the laws on labor;

+ Assist the grassroots unions in fulfilling their obligations and exercising their rights as prescribed in Clause 2 of this Article.

More details at the Decree No. 43/2013/NĐ-CP of the Vietnam’s Government, effective from July 01, 2013.

Phuong Thanh

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