When will a labor mediator be discharged in accordance with Vietnam’s law?

Specifically, according to Article 94 of the Decree No 145/2020/NĐ-CP of Vietnam’s Government, a labor mediator will be discharged in any the following cases:

- He/she submits a resignation letter;

- He/she no longer fully satisfies the standards prescribed in Article 92 of this Decree;

- He/she commits violations of law in a manner that infringes upon interests of either party or the State during performance of a labor mediator’s duties;

- It is officially concluded that he/she fails to fulfill his/her duties for 02 years according to the labor mediator management regulations;

- He/she refuses to perform mediation tasks at least 02 times when assigned to settle labor disputes or disputes over vocational training contracts without justifiable explanation according to the labor mediator management regulations.

Besides, procedures for discharging a labor mediator are specified as follows:

- In the cases specified in Point a Clause 1 of this Article, within 05 working days from the receipt of the resignation letter, the Provincial Department of Labor, War Invalids and Social Affairs shall send a written request for approval to the President of the People’s Committee of the province;

- In the cases specified in Points b, c, d and dd Clause 1 of this Article, on the basis of reports sent by district level Departments of Labor, War Invalids and Social Affairs and survey results, the Provincial Department of Labor, War Invalids and Social Affairs shall send a written request for approval to the President of the People’s Committee of the province;

- Within 10 working days from the receipt of the request, the President of the People’s Committee shall consider approving the discharge.

View more details at the Decree No 145/2020/NĐ-CP of Vietnam’s Government, effective from February 01, 2021.

Le Vy

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