Benefits and operating conditions of labor mediators in Vietnam

Benefits and operating conditions of labor mediators in Vietnam (Internet image)

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

1. Benefits and operating conditions of labor mediators in Vietnam

Benefits and operating conditions of labor mediators in Vietnam according to Article 96 of Decree 145/2020/ND-CP are as follows:

- Labor mediators are entitled to:

+ A remuneration of 5% of the average of applicable monthly minimum wages of all regions prescribed by the Government if he/she is working under a employment contract (from January 01, 2021, the region-based minimum wages prescribed in Decree 90/2019/ND-CP shall apply) for each day of performing the labor mediator’s duties as assigned by a competent authority.

The People’s Committees of provinces may propose benefits that are higher than those as prescribed to People’s Councils of the same provinces within the budget of their provinces;

+ Be enabled by their employers to perform labor mediators’ duties as per regulations;

+ Be paid as officials and public employees for the performance of labor mediators’ duties as per regulations;

+ Advanced training organized by competent authorities;

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

+ Other benefits prescribed by law.

- The assigning authority mentioned in Article 95 of Decree 145/2020/ND-CP shall prepare location, equipment, document, office supplies and other conditions for the labor mediators to perform their duties.

- Costs incurred during the implementation of in Clause 1 and Clause 2 of Article 96 of Decree 145/2020/ND-CP will be covered by state budget.

2. Regulations on management of labor mediators in Vietnam

Regulations on management of labor mediators in Vietnam under Article 97 of Decree 145/2020/ND-CP are as follows:

- The Ministry of Labor, War Invalid and Social Affairs shall:

+ Promulgate or propose promulgation of legislative documents on labor mediators;

+ Provide information and guidance; carry out inspection and supervision of implementation of labor mediation laws;

+ Formulate and run advanced training programs for labor mediators.

- Presidents of the People’s Committees of provinces shall:

+ Designate, re-designate, discharge and manage labor mediators in their provinces.

In provinces with a high number of labor disputes, full-time labor mediators who work under the management of Provincial Departments of Labor, War Invalids and Social Affairs may be designated.

Full-time labor mediators shall participate in settlement of labor disputes, disputes over vocational training contracts; assist in development of labor relations; assist the Provincial Department of Labor, War Invalids and Social Affairs  in management of labor mediation in their provinces.

The standards for selection and designation of full-time labor mediators and duties thereof shall comply with regulations on management of labor mediators;

+ Promulgate regulations on management of labor mediators; assign labor mediator management tasks to provincial and district-level Departments of Labor, War Invalids and Social Affairs;

+ Preside over the formulation and implementation of policies on benefits and commendations for labor mediators as per regulations.

- Provincial Departments of Labor, War Invalids and Social Affairs shall:

+ Formulate and propose regulations on management of labor mediators to Presidents of the People’s Committees of provinces;

+ Advise and assist Presidents of the People’s Committees of provinces in management of labor mediators in their provinces;

+ Prepare and implement the plan for selection and designation of labor mediators

+ Assign mediation tasks to labor mediators under their management; ensure working conditions of labor mediators; evaluate their performance; provide benefits and commendations for labor mediators as per regulations; manage documents about labor mediators, disputes and relevant documents;

+ Take charge and cooperate with specialized units of the Ministry of Labor, War Invalid and Social Affairs in providing advanced training for labor mediators in their provinces;

+ Carry out inspection and supervision of labor mediation as prescribed by law;

+ Submit annual labor mediation reports to the President of the People’s Committee of the province and the Ministry of Labor, War Invalid and Social Affairs.

- District-level Departments of Labor, War Invalids and Social Affairs shall:

+ Manage labor mediators in their districts;

+ Prepare and implement annual plans for selection and designation of labor mediators in their districts;

+ Assign mediation tasks to labor mediators under their management; ensure working conditions of labor mediators; evaluate their performance; provide benefits and commendations for labor mediators as per regulations; retain documents about the disputes and relevant documents;

+ Have labor mediators to advanced training programs organized by the Ministry of Labor, War Invalid and Social Affairs and the Provincial Department of Labor, War Invalids and Social Affairs;

+ Submit annual reports on labor mediation in their provinces to the Provincial Department of Labor, War Invalid and Social Affairs.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE