Currently, labor disputes are a significant concern, as the socio-economic development continues to progress, and the demands for people's economic and living standards increase. At the same time, enterprises face intense competition. This is a breeding ground for conflicts between employees and employers. So, how is this issue regulated? Let's explore it in the following article.
I. What are labor disputes?
According to Clause 1, Article 179 of the 2019 Labor Code, labor disputes are disputes concerning rights, obligations, and interests arising between parties during the establishment, implementation, or termination of labor relations; disputes between employee representative organizations; and disputes arising from relationships directly related to labor relations.
II. Characteristics of labor disputes
Firstly, labor disputes are closely tied to labor relations.
Labor disputes always arise from the parties involved in labor relations. These are disputes between employees and employers or disputes between a labor collective and the employer. Labor disputes occur when rights and interests defined in labor contracts, internal labor regulations, or collective labor agreements are violated. Labor disputes can arise even when there are no violations of the law.
Secondly, labor disputes are not only about rights but also about the interests of the parties involved in labor relations. When agreements made over time are not adhered to or no longer suitable, disputes are inevitable.
Thirdly, the nature and severity of the dispute depend on the number and scale of the participants. Disputes between an individual and an employer are usually not very complex. However, when a large number of employees are involved, resolving the dispute becomes much more challenging. In the case of collective labor disputes, it not only affects the rights of employees but also impacts the employer.
III. Common types of labor disputes today
- Based on the parties involved in the labor dispute, labor disputes are divided into two types: individual labor disputes and collective labor disputes. This is a common classification currently regulated by the law.
- Based on the subject matter of the labor dispute, it can be categorized into disputes regarding employment, wages and income, working conditions, trade union rights, compensation for damages, social insurance, labor contracts, collective labor agreements, labor discipline, material responsibility, and more. Among these, disputes related to social insurance are the most common type of labor dispute that is resolved in court.
IV. Impact of labor disputes
The impact of labor disputes depends on the scope in which the dispute occurs. However, most labor disputes directly affect the lives of employees and their families, and sometimes even have an impact on public security. The consequences of labor disputes can lead to employees losing their jobs and income, which are crucial for maintaining their livelihood and supporting their families. Both employers and employees may spend time and effort resolving disputes, which can disrupt production and business activities. In particular, if a collective labor dispute occurs in essential enterprises for the national economy or in sectors related to national security, or within a certain region, it can affect the development and social life in that area and may even impact the entire economy. If not resolved promptly, these disputes could affect public security and the political-social life of the country.
V. Mechanisms of labor dispute formation
- Originating from Employees
Labor disputes occur due to legitimate demands and claims for fairness regarding the work and effort employees contribute, which are not adequately compensated in line with their entitled benefits. Additionally, employees often have limited cultural awareness, and they may not be fully aware of their rights and obligations, which can lead to disputes.
- Originating from Employers
Employers are always striving to maximize profits, often exploiting the labor of employees beyond reasonable limits. This can directly affect the legal rights and interests of the employees, and it can be seen as the primary cause of labor disputes.
VI. Most effective measures for resolving labor disputes today
The methods for resolving labor disputes include negotiation, grassroots mediation, resolution by individuals, and resolution by authorized organizations. Among these:
- Negotiation is the most widely used method, based on an agreement between the parties themselves without any external pressure.
- Mediation involves a third party in resolving the dispute, but the third party does not issue a ruling; they only support and guide the parties in reaching a mutual agreement.
- Arbitration is a method of resolving labor disputes through analysis and judgment by a third party. The resolution provided by arbitration is considered more legal and reasonable than simply emotional.
- Court is generally the final step in resolving disputes after other stages have failed. Labor dispute resolution in court is carried out by judicial authorities with special state power, following strict procedural rules and regulations.
Depending on the scope, severity, and nature of the dispute, as well as the willingness and cooperation of the parties involved, each dispute resolution method has its own effectiveness. Therefore, priority should be given to negotiation and mediation first, so that the parties can reach an agreement and avoid straining labor relations, as well as save time and costs in resolving the dispute.
VII. Types of individual labor disputes that can be filed in court without mediation, which employees should know about
According to Clause 1, Article 188 of the 2019 Labor Code, individual labor disputes between employees and employers that can be filed directly in court without mediation include:
- Disputes regarding dismissal, or unilateral termination of the labor contract.
- Disputes regarding compensation for damages or severance benefits upon termination of the labor contract.
- Disputes between domestic workers and their employers.
- Disputes related to social insurance, health insurance, unemployment insurance, occupational accident insurance, and occupational disease insurance as regulated by law.
- Disputes regarding compensation for damages between employees and enterprises or organizations that send workers to work abroad under contract.
- Disputes between leased employees and the employers who lease them.
Thus, in these cases, employees or employers can file a lawsuit directly in court through civil litigation procedures without needing to go through mediation.
VIII. Labor dispute resolution consulting services
Currently, many law firms and offices offer reliable labor dispute resolution consulting services, including NPLAW. We not only provide enthusiastic advice on the best solutions for resolving disputes but also send lawyers to participate in negotiations or litigation to protect the best interests of our clients. If a client files a lawsuit in court, we offer comprehensive advice on documents, procedural steps, and represent clients in dealings with competent authorities to resolve their rights.
The above is information provided by NPLAW to help clarify labor dispute issues for readers. If you have any further questions or need additional assistance, please feel free to contact NPLAW using the following contact details:
