Consulting on resolving labor disputes
According to the provisions of current Labor law, to resolve labor disputes, the parties can choose one of the following labor dispute resolution methods:
Consulting on choosing a form of labor dispute resolution
According to the provisions of current Labor law, to resolve labor disputes, the parties can choose one of the following labor dispute resolution methods:
- Agreement between the parties: This is the first preferred option when a dispute arises in the labor relationship.
- Labor mediator;
- Labor Arbitration Council;
- The People's Court.
Principles for resolving labor disputes
- Respect the parties' right to self-determination through negotiation throughout the process of resolving labor disputes.
- Appreciate the resolution of labor disputes through conciliation and arbitration on the basis of respecting the rights and interests of both disputing parties, respecting the common interests of society, and not violating the law.
- Openly, transparently, objectively, promptly, quickly and legally.
- Ensure the participation of representatives of the parties in the process of resolving labor disputes.
- The resolution of labor disputes is carried out by agencies, organizations, and individuals with authority to resolve labor disputes after the request of the disputing party or at the request of competent agencies, organizations, and individuals. jurisdiction and consent of the disputing parties.
Labor disputes can be sued in Court without mediation
According to the provisions of Clause 1, Article 188 of the 2019 Labor Code, it is clearly stated that cases of individual labor disputes between employees and the employing unit have the right to request the Court to resolve them without going through the process. Conciliation steps include:
- Disputes over disciplinary measures for dismissal or unilateral termination of the labor contract.
- Disputes over compensation for damages and benefits upon termination of labor contracts.
- Disputes between domestic workers and employers.
- Painting about social insurance, health insurance, unemployment insurance, labor accident insurance, and occupational diseases according to the provisions of law.
- Disputes over compensation between workers and businesses and organizations sending workers to work abroad under contracts.
- Disputes between subleased workers and subleased employers.
- If this is the case, the employee or employer can sue directly in court according to civil proceedings.
- The remaining cases must be conciliated by a labor conciliator in accordance with the order and procedures in Article 188 of the 2019 Labor Code.
Services of Truong Quyen Law Office - Davilaw Branch in the field of consulting on resolving labor disputes
- Consulting on regulations related to the rights of employees and employers in labor relations arising in disputes in Hanoi.
- Guide the parties on the order and procedures for resolving disputes in accordance with the law;
- Representing either party to carry out dispute resolution procedures to protect their legitimate rights and interests at competent state agencies.
Key words:labor dispute