Benefits and operating conditions of labor arbitrators and labor arbitration councils in Vietnam

Benefits and operating conditions of labor arbitrators and labor arbitration councils in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Benefits and operating conditions of labor arbitrators and labor arbitration councils in Vietnam

Benefits and operating conditions of labor arbitrators and labor arbitration councils in Vietnam according to Article 103 of Decree 145/2020/ND-CP are as follows:

- Labor arbitrators are entitled:

+ An allowance of 5% of the average of applicable monthly minimum wage of all regions prescribed by the Government if he/she is working under a employment contract for each day of studying case files, collecting evidence and attending meetings to settle labor disputes as assigned.

The People’s Committees of provinces may propose benefits that are higher than those specified in this Point to People’s Councils of the same provinces within the budget of their provinces;

+ Be enabled by their employers to participate in labor arbitration councils and arbitral tribunals;

+ Be paid as officials and public employees for participation in arbitral tribunals;

+ Advanced training organized by competent authorities;

+ Commendations for good performance of labor arbitrators’ duties according to the Law on Emulation and Commendation;

+ Other benefits prescribed by law.

- Secretaries of the labor arbitration council will receive a responsibility allowance of 0,5 time the statutory pay rate specified in Decree No. 204/2004/ND-CP.

When the Government promulgates new salary policies under Resolution No. 27-NQ/TW, the new policies shall apply.

- Operating conditions of labor arbitrators, arbitral tribunals and labor arbitration councils:

+ Provincial Departments of Labor, War Invalids and Social Affairs shall prepare working location, equipment, document, office supplies and other conditions serving operation of labor arbitrators, arbitral tribunals and labor arbitration councils;

+ Labor arbitration councils shall work within the premises of Provincial Departments of Labor, War Invalids and Social Affairs;

+ Funding for operation of labor arbitration councils shall be covered by state budget and included in annual budget for regular expenditures of the Ministry of Labor, War Invalid and Social Affairs. The management, use and reporting of state funding shall comply with regulations of law on state budget and their guiding documents.

2. Cases of and procedures for discharging labor arbitrators in Vietnam

Cases of and procedures for discharging labor arbitrators in Vietnam according to Article 100 of Decree 145/2020/ND-CP are as follows:

- A labor arbitrator will be discharged in any the following cases:

+ He/she submits a resignation letter;

+ He/she no longer fully satisfies the standards prescribed in Article 98 of Decree 145/2020/ND-CP;

+ The nominating authority submits a written request for discharge or replacement of the labor arbitrator;

+ He/she commits violations of law in a manner that infringes upon interests of either party or the State during performance of a labor arbitrator’s duties;

+ It is officially concluded that he/she fails to fulfill his/her duties for 02 years according regulations of the labor arbitration council.

- Procedures for discharging a labor arbitrator

+ In the cases specified in Point a Clause 1 of Article 100 of Decree 145/2020/ND-CP, within 02 working days from the receipt of the resignation letter, the chairperson of the labor arbitration council shall submit a report to the Provincial Department of Labor, War Invalids and Social Affairs.

Within 03 working days from the receipt of such report, the Department of Labor, War Invalids and Social Affairs shall request the President of the People’s Committee of the province to consider discharging the labor arbitrator;

+ In the cases specified in Points b, c, d and dd Clause 1 of Article 100 of Decree 145/2020/ND-CP, on the basis of reports sent by chairpersons of labor arbitration councils, Provincial Departments of Labor, War Invalids and Social Affairs shall discuss with nominating authorities and request the President of the People’s Committee of the province to consider discharging the labor arbitrators;

+ Within 10 working days from the receipt of the request, the President of the People’s Committee shall issue the decision on discharging labor arbitrators.

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