Employment Litigation Vietnam

The order resolving labor disputes

 

Step by step for resolving individual labor disputes

 

The process of resolving individual labor disputes at the conciliation board or mediator basis of district labor

 

Individual labor disputes are settled by offering mediation board basis. During later than 7 days after receiving the petition, the labor mediation board basis to conduct mediation. At the mediation must be present both sides of a dispute or an authorized representative of them.

Mediation Board basis for the settlement to the parties for consideration. If both parties approve the plan, then make a record of successful mediation. Both parties have the duty to abide by the agreement in conciliation records. If mediation fails, the recorded comments of the parties to the dispute.

The individual labor disputes in enterprises in places where the labor conciliation council premises, disputes over contract performance and cost of training apprentices nghe.thi by labor mediator conduct mediation at least 7 days from the date of receipt of one of the parties to the dispute.

Resolve individual labor disputes in court

 

For individual labor disputes, the mediation council or labor conciliator mediation but failed, the parties may request the people's court settlement. Jurisdiction to resolve labor disputes individuals of the district people's court, just in case there is a foreign element jurisdiction to resolve individual labor disputes within the jurisdiction of Labour Court People's Court the provincial level.

 

The statute requires resolving individual labor disputes is the date the disputing parties that their rights and interests are infringed upon the other party. Based on the characteristics of each group of disputed issues, our country's current laws prescribed limitation period is 6 months, 1 year, or 3 nam16.

 

The order resolving collective labor disputes

 

Mediation

 

When disputes arise between the labor collective and the employer, the mediation board basis or labor conciliator (where no reconciliation council) to carry out the procedure and must be done mediation during at least 7 days after the conciliation board or mediator of receipt of the request for mediation by either party to the dispute. At the meeting to reconcile the principle that both parties must be present or represented to be authorized by them.

 

Labor Mediation Board basis or labor conciliator made the settlement to the parties for consideration.

 

If a mutually acceptable mediator shall make a record of successful mediation. Both parties are obliged to abide by the agreement in the record of successful mediation.

 

If mediation fails, the mediator council premises or labor conciliator shall make the minutes of the conciliation fails, write reviews of the two parties to the dispute, the conciliation council or labor conciliator. the records must be signed by the parties. Each party or both parties may request the arbitral tribunal to resolve provincial labor.

 

Settlement procedures through arbitration

 

Council provincial labor arbitration mediation and dispute resolution of collective labor, within 10 days from receipt of the request. At a meeting to resolve the dispute have present an authorized representative of both parties. In case of necessity, the board may invite representatives of trade unions on the level of grassroots trade unions and representatives of relevant government agencies attended the meeting.

 

Arbitration Council will make the settlement for both sides to consider.

 

In case the two sides agreed to make a written record of successful mediation. Both parties are obliged to abide by the agreement in the record of successful mediation.

Where mediation fails, the arbitral tribunal to resolve labor disputes, the decisions and notices to both parties to the dispute. If the two sides had no idea then of course that decision into effect.

Where collective worker disagrees with the decision of the referee, they may request the people's court for settlement and review of arbitration decisions or conduct strikes.

 

Where the employer does not agree with the decision of the referee, they may request the people's court to address and review the decision of the referee. The employers who request the people's court to reconsider the decision of the arbitral tribunal does not interfere with the right to strike of collective labor users.

 

In the process of resolving labor disputes in mediation and arbitration facility, the right of the status quo of labor relations, neither party can act unilaterally against kia17 party. These acts are also prohibited during the court is to deal with the collective labor dispute or in the process of collective labor strike.

 

Resolve collective labor disputes in court

 

When collective worker disagrees with the decision of the council in the provincial labor, they may request the Labour Court under the provincial people's court settlement of the case. In court resolve collective labor disputes, the union executive committee representing grassroots collective of workers involved in court proceedings. The proceedings in the same court proceedings in individual labor disputes.

 

The statute requires resolve collective labor disputes is 1 year from the date on which each party that their rights and interests are infringed.

 

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