Latest regulations on authority and procedures for assignment of labor mediators in Vietnam

Latest regulations on authority and procedures for assignment of labor mediators in Vietnam (Internet image)

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

1. Authority and procedures for assignment of labor mediators in Vietnam

Authority and procedures for assignment of labor mediators in Vietnam according to Article 95 of Decree 145/2020/ND-CP are as follows:

- Labor mediators shall be assigned to perform mediation tasks by provincial or district-level Departments of Labor, War Invalids and Social Affairs according to the regulations on management of labor mediators.

- Procedures for assigning labor mediators

= A written request for settlement of labor dispute, vocational training contract dispute and assistance in development of labor relations shall be submitted to the provincial or district-level Department of Labor, War Invalids and Social Affairs or to a labor mediator.

In case the request is directly received by a labor mediator, within 12 hours from the receipt of the application, the labor mediator shall transfer it to his/her supervisory provincial or district-level Department of Labor, War Invalids and Social Affairs (receiving authority) for classification.

= Within 05 working days from the receipt of the request, the receiving authority shall classify it and assign the mediation tasks as per regulations.

In case the request is transferred from a labor mediator as prescribed in Point a of this Clause 2 of Article 95 of Decree 145/2020/ND-CP: Within 12 hours from the receipt of the request, the receiving authority shall issue a document on assignment of mediation tasks as per regulations.

- Depending on the complexity of the cases, the provincial or district-level Departments of Labor, War Invalids and Social Affairs may assign the mediation tasks to one or several labor mediators.

2. 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 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 specified in this Point 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.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE