Besides the People's Courts, labor arbitrators are also competent to settle labor disputes in Vietnam. So what modes does the labor arbitrator enjoy and what qualifications does a person need to be an arbitrator?
Article table of contents
Who is the labor arbitrator, what are the benefits in Vietnam? (Illustration)
1. Who are labor arbitrators in Vietnam?
Labor arbitrators are people who know the law, have experience in the field of labor relations, have prestige and justice.
2. Criteria and conditions for labor arbitrators in Vietnam
- Being a Vietnamese citizen, having full civil act capacity in accordance with the Civil Code, having good health and moral qualities, prestige and justice.
- Having university level or higher, legal knowledge and at least 05 years of working in the field related to labor relations.
- Not currently being examined for penal liability or serving criminal judgments or having served their sentences but not yet entitled to criminal record remission in Vietnam.
- Appointed by the Department of Labor, Invalids and Social Affairs or the provincial labor federation or the employers' representative organization in the province to act as an arbitrator under the provisions of Clause 2, Article 185 of the Labor Code.
- Not being a judge, procurator, investigator, executor or civil servant of a People's Court, People's Procuracy, investigating agency or judgment execution agency.
3. Regime of labor arbitrators in Vietnam
Labor arbitrators are entitled to the following regimes:
- Each day of actual case file study, evidence gathering and conducting meeting for labor dispute resolution as assigned, shall be entitled to a compensation of 5% of the monthly minimum salary calculated on the average of the regions for employees working under labor contracts in Vietnam as stipulated by the Government from time to time.
Provincial-level People's Committees may consider and submit to the People's Councils of the same level a decision to apply a higher level of retraining than that prescribed at this point in accordance with the capabilities of the local budget;
- Being able to arrange appropriate time for participating in labor arbitration councils and labor arbitration boards to resolve disputes in Vietnam;
- Apply the prescribed per diem regime to cadres, civil servants and public employees during their participation in the Labor Arbitration Board to resolve disputes;
- Participate in training, fostering and improving professional qualifications organized by competent authorities in Vietnam;
- Be rewarded according to the provisions of the Law on Emulation and Reward of Achievements in the performance of tasks of labor arbitrators according to regulations;
- Enjoy other regimes as prescribed by law in Vietnam.
(Point a, Clause 3, Article 185 of the Labor Code 2019; Article 98, Clause 1, Article 103 of Decree 145/2020/ND-CP)
Diem My
