What are the cases of labor disputes for which mediation is not mandatory in Vietnam?

What are the cases of labor disputes for which mediation is not mandatory in Vietnam? (Internet image)

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

1. What are the cases of labor disputes for which mediation is not mandatory in Vietnam? 

According to Clause 1, Article 188 of the Labor Code 2019, individual labor disputes shall be settled through mediation by labor mediators before being brought to the Labor Arbitration Council or the Court, except for the following labor disputes for which mediation is not mandatory:

- Disputes over dismissal for disciplinary reasons; unilateral termination of employment contracts;

- Disputes over damages and allowances upon termination of employment contracts;

- Disputes between a domestic worker and his/her employer;

- Disputes over social insurance in accordance with social insurance laws; disputes over health insurance in accordance with health insurance laws; disputes over unemployment insurance in accordance with employment laws; disputes over insurance for occupational accidents and occupational disease in accordance with occupational safety and health laws;

- Disputes over damages between an employee and organization that dispatches the employee to work overseas under a contract;

- Disputes between the outsourced worker and the client enterprise.

2. What are the procedures for the settlement of individual labor disputes by labor mediators in Vietnam?

- The Labor Arbitration Council shall complete the mediation process within 05 working days from the receipt of the request from the disputing parties or the authority mentioned in Clause 3 Article 181 of the Labor Code 2019.

- Both disputing parties must be present at the mediation meeting. The disputing parties may authorize another person to attend the mediation meeting.

- The labor mediator shall instruct and assist the parties to negotiate with each other.

In case the two parties reach an agreement, the labor mediator shall prepare a written record of successful mediation which bears the signatures of the disputing parties and the labor mediator.

In case the two parties do not reach an agreement, the labor mediator shall recommend a mediation option for the disputing parties to consider.

In case the parties agree with the recommended mediation option, the labor mediator shall prepare a written record of successful mediation which bears the signatures of the disputing parties and the labor mediator.

Where the two parties do not agree with the recommended mediation option or where one of the disputing parties is absent for the second time without a valid reason after having been legitimately summoned, the labor mediator shall prepare a record of unsuccessful mediation which bears the signatures of the present disputing parties and the labor mediator.

- Copies of the record of successful mediation or unsuccessful mediation shall be sent to the disputing parties within 01 working day from the date on which it is prepared.

- In case a disputing party fails to adhere to the agreements specified in the record of successful mediation, the other party may request a Labor Arbitration Council or the Court to settle the case.

- In case mediation is not mandatory as prescribed in Clause 1 of Article 188 of the Labor Code 2019, the labor mediator fails to initiate the mediation by the deadline specified in Clause 2 of Article 188 of the Labor Code 2019, or the mediation is unsuccessful as prescribed in Clause 4 of Article 188 of the Labor Code 2019, the disputing parties may:

+ Request the Labor Arbitration Council to settle the dispute in accordance with Article 189 of the Labor Code 2019; or

+ Request the Court to settle the dispute.

(Article 188 of the Labor Code 2019)

Nguyen Ngoc Que Anh

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