Supplementing the Authority for Resolving Individual Labor Disputes from January 1, 2021

Illustration (source: internet)

Article 187 of the Labor Code 2019 stipulates that authorities, organizations, and individuals with the authority to resolve individual labor disputes include:

1. Labor conciliator;

2. Labor arbitration council;

3. People's court.

Thus, compared to the provisions in the Labor Code 2012, the new Code has supplemented the Labor Arbitration Council in resolving individual labor disputes. Individual labor disputes must be resolved through the mediation procedures of the labor conciliator before requesting the Labor Arbitration Council or the Court to resolve, except for the following labor disputes that are not required to go through the mediation procedures as stipulated in Clause 1, Article 188 of this Code.

Additionally, the Labor Code 2019 stipulates that authorities, organizations, and individuals with the authority to resolve collective labor disputes on rights include:

a) Labor conciliator;

b) Labor arbitration council; (This content has just been added in this Code, while the authority of the "Chairman of district-level People's Committee" has been abolished)

c) People's court.

2. Collective labor disputes on rights must be resolved through the mediation procedures of the labor conciliator before requesting the Labor Arbitration Council or the Court to resolve.

Furthermore, this Code supplements the provision "Collective labor disputes on interests must be resolved through the mediation procedures of the labor conciliator before requesting the Labor Arbitration Council to resolve or proceed with the strike procedures."

Thus, from January 01, 2021, the Arbitration Council will have additional authority in resolving individual labor disputes and collective labor disputes on rights alongside the authority to resolve collective labor disputes on interests as stipulated in the Labor Code 2012.

More details can be found in Labor Code 2019 effective from January 01, 2021.

Thu Ba

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