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Resolving labor disputes

Labor disputes are one of the issues that many people are very concerned about nowadays. One of the important legal issues is the resolution of labor disputes. So, what are labor disputes and the resolving of labor disputes? What are the issues and common questions encountered during the process of resolving labor disputes? In this article, let's join NPLaw to explore and clarify the legal issues related to resolving labor disputes.

I. What is a labor dispute?

Pursuant to Clause 1, Article 179 of the Labor Code 2019: Labor disputes are disputes over rights and obligations, interests arising between the parties in the process of establishing, performing, or terminating labor relations; disputes between organizations representing employees; disputes arising from relationships directly related to labor relations.

Types of labor disputes include:

- Individual labor disputes between employees and employers; between employees and enterprises or organizations that send employees to work abroad under contracts; between leased employees and employers that use the leased employees;

- Collective labor disputes regarding rights or benefits between one or more organizations representing employees and employers or one or more organizations of employers.

Among them, collective labor disputes regarding rights or interests are regulated as follows: Collective labor disputes regarding rights are disputes between one or more organizations representing employees and employers or one or more organizations of employers arising in the following cases:

- There are differences in understanding and carrying out the provisions of the collective bargaining system, labor rules, regulations, and other legal agreements;

- There are differences in understanding and carrying out labor law regulations;

- When the employer discriminates against employees, members of the leadership of the labor representative organization for the reason of establishing, joining, or operating within the labor representative organization; intervenes in or manipulates the labor representative organization; violates the obligation of good faith negotiation.

Collective labor disputes over benefits include:

- Labor disputes arising during collective bargaining;

- When one party refuses to negotiate or does not conduct negotiations within the time frame stipulated by law.

II. When is it necessary to resolve labor disputes?

Proceed to resolve labor disputes when individual labor disputes arise between employees and employers; between employees and enterprises or organizations that send employees to work abroad under contracts; between leased employees and employers that use the leased employees; or between one or more organizations representing employees and employers or one or more organizations of employers, thereby restoring and ensuring the legitimate rights and interests that have been violated of the parties in the labor relationship.

III. Principles for resolving labor disputes according to the latest Labor Code

Pursuant to Article 180 of the Labor Code 2019, which stipulates the Principles for Resolving Labor Disputes, the principles for resolving labor disputes include:

- Respect the self-determination right through negotiation of the parties throughout the process of resolving labor disputes.

- Emphasize resolving labor disputes through mediation and arbitration based on respecting the rights and interests of both parties involved, respecting the common interests of society, and complying with the law.

- Public, transparent, objective, timely, rapid, and lawful.

- Ensure the participation of representatives from both parties in the process of resolving labor disputes.

- The resolving of labor disputes is carried out by the competent authority, organization, or individual after a request from one of the disputing parties or at the suggestion of the competent authority, organization, or individual, and with the agreement of both disputing parties.

Above are the principles for resolving labor disputes according to the latest Labor Code - the Labor Code 2019.

IV. The most effective methods for resolving labor disputes today

Pursuant to Articles 187 and 191 of the Labor Code 2019, which regulate the Authority to Resolve Labor Disputes, it can be determined that the most effective methods for resolving labor disputes today include:

- Resolve disputes through Labor Mediators.

- Resolve disputes through the Labor Arbitration Council.

- Resolving disputes at the People's Court.

V. Limitation period for resolving collective labor disputes

Pursuant to Article 194 of the Labor Code 2019, which regulates the limitation period for requesting resolving collective labor disputes regarding rights, accordingly:

- The limitation period for requesting a labor mediator to mediate a collective labor dispute regarding rights is 06 months from the date the disputing party discovers the act that they believe violates their legal rights.

- The limitation period for requesting the Labor Arbitration Council to resolve a collective labor dispute regarding rights is 09 months from the date the disputing party discovers the act that they believe violates their legal rights.

The limitation period for requesting the court to resolve a collective labor dispute regarding rights is 01 year from the date the disputing party discovers the act that they believe violates their legal rights.

VI. How many steps are there in the sequence and procedure for resolving collective labor disputes?

Collective labor disputes must be resolved through the mediation procedure of a labor mediator before requesting the Labor Arbitration Council or the Court to resolve them.

Pursuant to Article 192 of the Labor Code 2019, the sequences and procedures for mediating collective labor disputes regarding rights are as follows:

- Within 05 working days from the date the labor mediator receives a request from the party requesting the dispute resolution or from the agency pursuant to Clause 3, Article 181 of the Labor Code, the labor mediator must conclude the mediation.

- Both parties in dispute must be present at the mediation session. The disputing parties can authorize someone else to participate in the mediation session.

- Labor mediators are responsible for guiding and assisting the parties in negotiating to resolve disputes.

In case the parties reach an agreement, the labor mediator will draft a successful mediation record. The successful mediation record must be signed by the disputing parties and the labor mediator.

In case the parties cannot reach an agreement, the labor mediator proposes a mediation plan for the parties to consider. In case the parties accept the mediation plan, the labor mediator will draw up a successful mediation record. The successful mediation record must be signed by the disputing parties and the labor mediator.

In case the mediation proposal is not accepted or one of the disputing parties has been duly summoned for the second time but still fails to appear without a valid reason, the labor mediator will record a failed mediation. The unsuccessful mediation record must be signed by the present disputing parties and the labor mediator.

- A copy of the successful or unsuccessful mediation record must be sent to the disputing parties within 01 working day from the date of the record.

- In the event that one party does not fulfill the agreements in the successful mediation record, the other party has the right to request the Labor Arbitration Council or the Court to resolve the matter.

For disputes specified in points b and c, clause 2, Article 179 of the Labor Code, which are determined to involve violations of the law, the labor mediator shall prepare a record and transfer the case files and documents to the competent authority for review and handling in accordance with the law.

In the event that mediation fails or the mediation period pursuant to Clause 2, Article 188 of the Labor Code expires without the labor mediator conducting mediation, the disputing parties have the right to choose one of the following methods to resolve the dispute:

- Request the Labor Arbitration Council to resolve pursuant to Article 193 of the Labor Code.

- Request the Court to resolve.

Pursuant to Article 196 of the Labor Code 2019, which regulates the sequences and procedures for resolving collective labor disputes over interests, the procedures for mediating collective labor disputes over interests are carried out as follows:

- Both parties in dispute must be present at the mediation session. The disputing parties can authorize someone else to participate in the mediation session.

- Labor mediators are responsible for guiding and assisting the parties in negotiating to resolve disputes.

In case the parties reach an agreement, the labor mediator will draft a successful mediation record. The successful mediation record must be signed by the disputing parties and the labor mediator.

In case the parties cannot reach an agreement, the labor mediator will propose a mediation plan for the parties to consider. In case the parties accept the mediation plan, the labor mediator will draw up a successful mediation record. The successful mediation record must be signed by the disputing parties and the labor mediator.

- A copy of the successful or unsuccessful mediation record must be sent to the disputing parties within 01 working day from the date of the record.

In the case of a successful mediation, the mediation record must include all the content agreed upon by the parties, with the signatures of the disputing parties and the labor mediator. The successful mediation record has the same legal value as the collective bargaining system of the enterprise.

In the event that mediation fails or the mediation period pursuant to Clause 2, Article 188 of the Labor Code expires without the labor mediator conducting mediation or one of the parties failing to fulfill the agreement in the successful mediation record, the disputing parties have the right to choose one of the following methods to resolve the dispute:

- Request the Labor Arbitration Council to resolve pursuant to Article 197 of the Labor Code

- The organization representing the employees has the right to carry out the procedures pursuant to Articles 200, 201, and 202 of the Labor Code to strike.

Above is NPLaw's advice on the issue of resolving labor disputes. If you have any questions that need assistance, please contact: