What is labor dispute? 05 Labor dispute settlement principles in Vietnam

What is labor dispute? 05 Labor dispute settlement principles in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. What is labor dispute?

A labor dispute means a dispute over rights, obligations and interests among the parties during the establishment, execution or termination of labor relation; a dispute between the representative organizations of employees; a dispute over a relationship that is directly relevant to the labor relation.

Types of labor disputes:

- Labor disputes between the employee and the employer; between the employee and the organization that sends the employee to work overseas under a contract; between the outsourced worker and the client enterprise.

- Right-based or interest-based collective labor disputes between one or several representative organizations of employees and the employer or one or several representative organizations of employees.

(Clause 1, Article 179 of the Labor Code 2019)

2. 05 Labor dispute settlement principles in Vietnam

Labor dispute settlement principles specified in Article 180 of the Labor Code 2019 are as follows:

- Respect the parties’ autonomy through negotiation throughout the process of labor dispute settlement.

- Prioritize labor dispute settlement through mediation and arbitration on the basis of respect for the rights and interests of the two disputing parties, and respect for the public interest of the society and conformity with the law.

- The labor dispute shall be settled publicly, transparently, objectively, promptly, and lawfully.

- Ensure the participation of the representatives of each party in the labor dispute settlement process.

- Labor dispute settlement shall be initiated by a competent authority or person after it is requested by a disputing party or by another competent authority or person and is agreed by the disputing parties.

3. Rights and obligations of the two parties in labor dispute settlement in Vietnam

According to Article 182 of the Labor Code 2019, rights and obligations of the two parties in labor dispute settlement are as follows:

- During the labor dispute settlement process, the two disputing parties have the rights to:

+ Participate directly or through a representative in the labor dispute settlement process;

+ Withdraw or change the contents of the request;

+ Request for a change of the person in charge of labor dispute settlement where there reasonable grounds for believing that the said person may not be impartial or objective.

- During the labor dispute settlement process, the two parties have the responsibility to:

+ Promptly and adequately provide documents and evidence to support his/her request;

+ Abide by the agreement reached, decision of the arbitral tribunal, court judgment or decision which when it comes into effect.

4. Responsibilities of organizations and individuals during labor dispute settlement in Vietnam

Responsibilities of organizations and individuals during labor dispute settlement include:

- The labor authority shall cooperate with the representative organization of employees and representative organization of employees in giving instructions and assisting the parties during the process of labor dispute settlement.

- The Ministry of Labor, Invalids and Social Affairs shall organize training to improve the professional capacity of labor mediators and arbitrators for labor dispute settlement.

- The provincial labor authority, when requested, shall receive and classify the request for labor dispute settlement, provide instructions and assists the parties during the process of labor dispute settlement.

Within 05 working days, the receiving authority shall transfer the request to the labor mediators if mediation is mandatory; to the arbitral tribunal if the dispute has to be settled by arbitration, or instruct the parties to file the petition to the court.

(Article 181 of the Labor Code 2019)

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