Inheriting the provisions on labor disputes of the Labor Code 2012, the Labor Code 2019 of Vietnam has expanded the scope of labor disputes. Concurrently, the provisions on conciliation in the settlement of labor disputes continue to be inherited and expanded.
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Mediation is still considered an important principle in resolving labor disputes. Because mediation is considered as one of the optimal solutions that can quickly resolve conflicts and disputes of interests, help the parties achieve the highest benefits without affecting the relationship of the two parties.
Therefore, almost all individual labor disputes shall be settled through mediation by labor mediators before being brought to the Labor Arbitration Council or the Court, except for the following labor disputes for which mediation is not mandatory:
- Disputes over dismissal for disciplinary reasons; unilateral termination of employment contracts;
- Disputes over damages and allowances upon termination of employment contracts;
- Disputes between a domestic worker and his/her employer;
- Disputes over social insurance in accordance with social insurance laws; disputes over health insurance in accordance with health insurance laws; disputes over unemployment insurance in accordance with employment laws; disputes over insurance for occupational accidents and occupational disease in accordance with occupational safety and health laws;
- Disputes over damages between an employee and organization that dispatches the employee to work overseas under a contract;
- Disputes between the outsourced worker and the client enterprise.
The slight change in the Labor Code 2019 compared to the Labor Code 2012 of Vietnam is the addition of labor disputes for which mediation is not mandatory such as disputes over unemployment insurance in accordance with employment laws, disputes over insurance for occupational accidents and occupational disease in accordance with occupational safety and health laws, disputes between the outsourced worker and the client enterprise.
The purpose of mediation is to help disputing parties reach an agreement and resolve their disputes without resorting to a third party. However, for some specific disputes arising from legitimate interests being infringed or realizing that the parties cannot be capable of self-mediation, it can immediately proceed to the dispute settlement step at an arbitration institution or a court.
Thuy Tram
- Key word:
- Labor Code 2019
