Currently, the COVID-19 epidemic has caused serious problems to enterprises which lead to narrow down production and business activities and the reduction of staff is inevitable. When the employees’ rights are not guaranteed, labor disputes will occur. At this time, the resolution of labor disputes arising between the employee and the employer will be under the authority of which agency?
What is a labor dispute?
According to Clause 7, Article 3 of the 2012 Labor Code, “Labor dispute means a dispute over rights, obligations or interests which arise between the parties in industrial relations”. Labor dispute comprises individual labor dispute between an employee and an employer, and collective labor dispute between an employees’ collective and an employer.
Competence to settle labor disputes
Under the provisions of the Labor Code 2012and the 2015 Civil Procedure Code, the settlement of labor disputes falls under the authority of the following agencies:
For individual labor disputes
Article 200 of the 2012 Labor Code stipulates that agencies and individuals having the authority to settle individual labor disputes include:
Labor conciliators will settle individual labor disputes upon the parties’ request and according to the assignment of state management agencies.
The People’s Court will resolve individual labor disputes when one of the parties requests. According to the Civil Procedure Code, district-level people’s courts will have the competence to settle labor disputes according to first instance procedures. Provincial-level People’s Courts have the right to settle individual labor disputes with the involved parties living abroad, whose assets are the subject of the dispute, and must have a judicial mandate to Vietnamese representative agencies abroad or individual labor disputes which fall under the jurisdiction of the district people’s court but the provincial people’s court finds it necessary to take it up for settlement.
For collective labor disputes: Similar to individual disputes, both types of collective disputes including Right-based collective labor disputes and Interest-based collective labor disputes must go through the conciliation procedure of the labor conciliator before requesting other competent agencies or organizations to settle. After successful conciliation, other competent agencies are responsible for resolving those labor disputes.
|Competent to settle labor disputes||Collective labor disputes|
|Right-based collective labor dispute||Interest-based collective labor dispute|
|Labor conciliators||Having the task of conciliating labor disputes|
|Chairperson of district-level People’s Committees||Having the task of settling the request of the parties after failure conciliation||None|
|People’s court||Labor disputes are resolved according to a two-level trial system (first instance and appellate)||None|
|Labor Arbitration Council||None||Established by the provincial People’s Committee, it has jurisdiction to settle disputes at the request of disputing parties after a failed conciliation|
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