In labor relations, it is not uncommon to have conflicts between the parties. Then when are those conflicts considered labor disputes in Vietnam?
Article table of contents
What is labor dispute?What are different types of labor disputes in Vietnam? (Illutration)
What is labor dispute?
A labor dispute means a dispute over rights, obligations and interests among the parties during the establishment, execution or termination of labor relation; a dispute between the representative organizations of employees; a dispute over a relationship that is directly relevant to the labor relation.
What are different types of labor disputes in Vietnam?
Types of labor disputes:
* Labor disputes between the employee and the employer; between the employee and the organization that sends the employee to work overseas under a contract; between the outsourced worker and the client enterprise.
* Right-based or interest-based collective labor disputes between one or several representative organizations of employees and the employer or one or several representative organizations of employees.
- A right-based collective labor dispute of rights means a dispute between one or several representative organizations of employees and the employer or one or several representative organizations of employees in case of:
+ Discrepancies in interpretation and implementation of the collective bargaining agreement, internal labor regulations and other lawful agreements;
+ Discrepancies in interpretation and implementation of labor laws; or
+ The employer’s discrimination against the employees or members of the management board of the representative organization of employees for reasons of establishment, operation or participation in the organization; the employer’s interference or influencing the representative organization of employees; the employer’ violations against amicable negotiation.
- Interest-based collective labor disputes include:
+ Labor disputes that arise during the process of collective bargaining;
+ A party refuses to participate in the collective bargaining or the collective bargaining is not held within the time limit prescribed by law.
(Article 179 of Labor Code 2019)
Diem My
