1. Handling violations of labor discipline:

Labor law has strict regulations on disciplinary issues and employee rights towards labor goals, with priority given to building a peaceful and stable labor relationship between employers. labor and workers. However, in the process of maintaining labor order and discipline in practice, the law requires regulations to handle and resolve violations and disputes between employees and employers. dynamic. Regarding handling violations in the field of labor discipline: If the employer has labor discipline actions that are not in accordance with the order and procedures, or does not comply with labor discipline regulations, the employer will Workers will be subject to administrative sanctions according to Article 18 of Decree 12/2022/ND-CP, which stipulates the handling of violations of labor discipline, and the material responsibility is a fine according to the level of increase. for violations. In addition, the law also stipulates remedial measures such as: Forced return of collected money or full salary to employees for violations using fines or salary cuts instead of handling. labor discipline; Force the employee to return to work and pay the full salary to the employee corresponding to the days off for violations: Disciplinary action against labor, compensation for damages not following the correct order and procedures , the statute of limitations according to the provisions of law, handling labor discipline for employees whose violations are not specified in the labor regulations; Compulsory payment of full salary for the days of temporary suspension of work for employees not in accordance with the provisions of law for violations of temporary suspension of work for employees not in accordance with the provisions of law; Force a public apology to the employee and pay all treatment costs and salaries for the employee during the treatment period if the violation causes physical injury to the employee to the point of requiring treatment at medical facilities. medical facilities when violating the body and dignity of workers when handling labor discipline but not to the extent of criminal prosecution.

To handle violations and resolve disputes regarding labor discipline, there is not only a dispute resolution mechanism but also a complaint resolution mechanism. However, the thesis focuses on analyzing the dispute resolution mechanism in depth. challenge.

2. Regarding resolving labor discipline disputes:

According to Clause 1, Article 179 of the 2019 Labor Code, it is stipulated: Labor dispute is a dispute about the rights, obligations, and interests that arise between the parties during the process of establishing, implementing or terminating the labor relationship; Resolving labor discipline disputes is resolving individual labor disputes between one party, the employee, and one party, the employer.

According to Article 187 of the 2019 Labor Code, agencies, organizations and individuals with authority to resolve individual labor disputes include: Labor conciliators; Labor Arbitration Council; The People's Court.

Article 188 of the 2019 Labor Code stipulates that individual labor disputes or labor discipline disputes must be resolved through conciliation procedures by a labor conciliator before requesting the Labor Arbitration Council or the Labor Arbitration Council. Court resolution, except for labor disputes regarding disciplinary action in the form of dismissal, is not required to go through conciliation procedures. Thus, in addition to handling labor disciplinary disputes in the form of dismissal, conciliation procedures are the first mandatory procedure in the process of resolving labor law disputes.

For labor disputes regarding labor discipline in the form of dismissal, it is not required to go through conciliation procedures or, in case the prescribed conciliation time limit expires, within 05 working days from the date of conciliation. The labor conciliator receives a request from the party requesting dispute resolution or from the agency specified in Clause 3, Article 181 of the 2019 Labor Code. The labor conciliator must end the conciliation without the conciliator If the employee does not conduct conciliation or in case the conciliation fails according to the provisions of Clause 4, Article 188 of the 2019 Labor Code, the employee has the right to request the Labor Arbitration Council to resolve or request the Court to resolve. .

In Article 189 of the 2019 Labor Code, there are detailed regulations on the resolution of individual labor disputes by the Labor Arbitration Council. It can be seen that the Labor Arbitration Council has the authority to resolve labor disputes. must go through conciliation procedures or at the end of the conciliation period but the labor conciliator does not conduct conciliation or in case conciliation fails and the disputing parties agree to choose to request the Labor Arbitration Council to resolve decided. However, it should be noted that when the parties have agreed to request the labor arbitration council to resolve the matter, the parties cannot simultaneously request the court to resolve the matter. That means that, during a period of time, the disputing parties cannot both request the labor arbitration council to resolve or request the court to resolve, unless the prescribed time limit expires and the arbitration panel is not established or the prescribed time limit expires but the arbitration panel does not issue a decision to resolve the dispute. Thus, it can be seen that a 2019 labor law has introduced a very flexible labor dispute resolution mechanism. In case the conciliation at the labor conciliator fails to produce results, the disputing parties have the right to choose the next agency or organization for resolution, which is to bring the settlement to the labor arbitration council within the required statute of limitations. The Labor Arbitration Council resolves individual labor disputes within 09 months from the date of discovery of the act in which the disputing party believes its legitimate rights and interests are violated. The mechanism for resolving labor disputes at the arbitration council is not a mandatory mechanism but a voluntary mechanism. If the parties trust the labor arbitration council, they can bring it to this organization for resolution. Therefore, resolving disputes at the labor arbitration council does not waste time or prolong the dispute resolution period like the mandatory arbitration mechanism that we used to apply in the past but did not. effective.

In cases where jurisdiction does not belong to the labor arbitrator, the court will resolve the labor contract dispute. And then, the resolution procedure will be similar to the procedure for resolving civil cases in court following the regulations on procedural order and procedures specified in the 2015 Civil Procedure Code. According to the Code Civil Procedure Code 2015, Article 32 and Article 35, individual labor disputes will fall under the jurisdiction of district-level People's Courts, except for some specially prescribed cases of dispute resolution with foreign elements. according to the 2015 Civil Procedure Code. The territorial jurisdiction of the court in this case is the court where the defendant resides or works, if the defendant is an individual, or where the defendant is headquartered, if the defendant is an agency or organization unless the parties have agreed to file a lawsuit at the court where the plaintiff resides. Thus, normally the district People's Court where the defendant resides or is headquartered will have jurisdiction to resolve labor contract disputes.