This continues to be one of the notable contents in the Draft Revised Labor Code, expected to come into effect from January 01, 2021.
Article table of contents
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To be specific, according to this Draft, the authority to resolve labor disputes is specifically stipulated as follows:
* The authorities, organizations, and individuals authorized to resolve individual labor disputes include:
- Labor conciliator;- Labor arbitration council; (This is a newly added organization in the Draft).- People's court.
* The authorities, organizations, and individuals authorized to resolve collective labor disputes over rights include:
- Labor conciliator;- Labor arbitration council; (This is a newly added organization in the Draft).- People's court.
Note, collective labor disputes over rights must be resolved through the conciliation procedure of the labor conciliator before requesting the labor arbitration council or the people's court to resolve. (This is a newly added organization in the Draft).
It can be seen that the Draft has abolished the authority of the Chairman of the district-level People's Committee, district, district-level town, provincial city to resolve collective labor disputes over rights and has added this authority to the labor arbitration council.
* Individuals, organizations authorized to resolve collective labor disputes over benefits include:
- Labor conciliator;- Labor arbitration council.
In the event that collective bargaining fails as stipulated in point b, point c Clause 1 Article 73 of this Draft, the bargaining parties have the right to request the labor conciliator to resolve the dispute. (This is a newly added organization in the Draft).
Thus, according to this regulation, from January 1, 2021, the arbitration council will have additional authority in resolving individual labor disputes, collective labor disputes over rights alongside the authority to resolve collective labor disputes over benefits as currently.
Nguyen Trinh
