Cases of discharging labor arbitrators in Vietnam

Cases of discharging labor arbitrators in Vietnam

Pursuant to Clause 1, Article 100 of Decree 145/2020/ND-CP, a labor arbitrator will be discharged in any the following cases:

(1) He/she submits a resignation letter;

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

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

(4) 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;

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

Cases of discharging labor arbitrators in Vietnam (Internet image) 

Procedures for discharging a labor arbitrator in Vietnam

According to the provisions of Clause 2 of Article 100 of Decree 145/2020/ND-CP, procedures for discharging a labor arbitrator are as follows:

- 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.

Regulations on labor arbitrator standards in Vietnam

Pursuant to Article 98 of Decree 145/2020/ND-CP, a labor arbitrator shall:

- Be a Vietnamese citizen; have full legal capacity as prescribed by the Civil Code 2015, good health, moral qualities, good reputation and sense of justice.

- Have at least a bachelor’s degree, understanding of law and at least 05 years of work in a field relevant to labor relations.

- Not be facing criminal prosecution or serving a sentence; not have any unspent conviction.

- Be nominated as a labor arbitrator by the Provincial Department of Labor, War Invalids and Social Affairs or Provincial Confederation of Labor as prescribed in Clause 2 Article 185 of the Labor Code 2019.

- Not be a judge, prosecutor, investigator, executor or official of a court, the People’s Procuracy, investigation authority or judgment execution authority.

What benefits are labor arbitrators in Vietnam entitled to?

Pursuant to Clause 1, Article 103 of Decree 145/2020/ND-CP, 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 2022;

- Other benefits prescribed by law.

Mai Thanh Loi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE