The Labor Code 2019, recently passed by the National Assembly at the end of November 2019, effective from January 1, 2021, includes a noteworthy new point: the amendment and supplementation of regulations regarding the statute of limitations for requesting the resolution of individual labor disputes.
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LABOR CODE 2019 (APPROVED)
Specifically, alongside inheriting the existing regulations from the Labor Code 2012 regarding the statute of limitations for requesting a labor conciliator and court to resolve individual labor disputes, the Labor Code 2019 has supplemented provisions on the statute of limitations for requesting the Labor Arbitration Council to resolve labor disputes as follows:
2. The statute of limitations for requesting the Labor Arbitration Council to resolve individual labor disputes is 09 months from the date the disputing party discovers the act that they believe infringes their legitimate rights and interests.
Furthermore, the Labor Code 2019 also emphasizes that if the requester can prove that due to force majeure events, objective obstacles, or other reasons as prescribed by law, they could not request within the stipulated time, the period of force majeure events, objective obstacles, or other reasons shall not be counted in the statute of limitations for requesting resolution of individual labor disputes.
This is a noteworthy new addition, as the current Labor Code 2012 only stipulates the statute of limitations for dispute resolution requests without any exceptions.
Based on Clause 1, Article 156 of the Civil Code 2015, a force majeure event is an event that occurs objectively, cannot be foreseen, and cannot be remedied despite having applied all necessary and permissible measures.
See additional new contents HERE.
Toan Trung
