1. Methods to resolve labor disputes:

Currently, labor disputes have an extremely wide scope, on many different aspects. Therefore, each type of dispute will have different agencies, organizations, and individuals with different authority to resolve. can say about:

– For labor disputes between individuals, there are two main methods of resolution that can be chosen: through a labor conciliator or the People's Court if one of the parties requests resolution. decide;

– In case of a collective labor dispute about rights, one can choose one of three methods such as a labor conciliator to negotiate a settlement; The Chairman of the District People's Committee also has the authority to resolve collective labor disputes; For complex disputes that cannot be resolved internally or that another individual cannot mediate, intervention from the competent People's Court is required;

 – If collective labor disputes are classified as disputes of interest, you can ask a Labor Mediator to resolve them; In addition, the Labor Arbitration Council can be remembered.

2. How long does it take to resolve a labor dispute?

 Each type of labor dispute will have a different resolution, so there is no specific time limit prescribed to complete the dispute resolution. Because, depending on the nature and complexity of the type of dispute, employees and employers will choose the appropriate individual, agency or organization to resolve it. This article will present some basic cases about dispute resolution time as follows:

 2.1. If the parties choose to resolve the dispute through a mediator:

Labor disputes that are chosen to be resolved through a Mediator are often simple cases, but the parties cannot find an agreement with each other, so a third person is needed to mediate to ensure agreement. objective and fair. Although this is not a mandatory method, it is always prioritized and considered the first choice except for the 5 types of disputes below:

– Related to disciplinary action of dismissal or unilateral dismissal terminate the labor contract of workers;

 – When terminating the labor contract, there are disputes about the level of compensation or benefits of the employee;

– The relationship between the domestic worker and the employer has disagreements about rights and obligations;

– Related to social insurance and health insurance regimes;

 – Finally, compensation for damages takes place between the worker and the business sending the worker to work abroad under the contract.

If this method is chosen to resolve the dispute, within 5 working days from the date of receiving the request for personal resolution or labor conciliation, the conciliation must be completed.

2.2. Select argument settlement Through the arbitration panel:

After the parties have conducted conciliation but failed or conciliation was successful but the parties did not seriously comply with the original agreement, the method of resolution through the Arbitration Council can be applied to the dispute. collective labor for benefits. According to the provisions of the 2019 Labor Code, within 5 working days from the date of receiving the request for settlement, the Labor Arbitration Council must finish the conciliation. In the case of successful conciliation by the arbitration panel, the broad dispute must be resolved within 14 days.

In order to facilitate settlement activities through the Arbitration Council, the law also allows labor collectives to go on strike to resolve this dispute.

2.3. Resolving labor disputes through the Court:

 Today, when disputes arise not only related to labor but also civil, economic and commercial, the final resolution of these types of disputes often involves the Court. According to the provisions of the 2015 Civil Procedure Code, the time to resolve a labor dispute will be similar to resolving some civil cases. The procedural sequence will start from the court receiving the application and end with issuing an effective judgment clearly stating the rights and obligations of the parties requesting dispute resolution.

Step 1. Prepare and receive applications:

 When a dispute occurs, the subject needs to submit a lawsuit form that clearly shows the content of the dispute and then file the application at a competent court. Individuals can apply in person or through the postal service. If the application is sent by post, the Court must be responsible for electronically notifying the applicant within 2 working days from the date of receipt of the application.

 Step 2. Processing and reviewing applications:

The judge, after being assigned by the Chief Justice of the Court, will consider the application within 5 working days from the date of receipt of the application. Realizing that the petition is incomplete or needs additional additions, notify the request for amendments; This is also the time for the Court to consider the jurisdiction to resolve or choose to resolve according to normal procedures or summary procedures.

Step 3. Hearing the case:

 After receiving the notice, the plaintiff will make a temporary payment within 7 working days and return the receipt to the court so that the Court has a basis to issue a notice to accept the case.

After accepting the case, the Court is responsible for sending notices to all litigants and recording the opinions of the civilians regarding the plaintiff's request. Within 15 days from the date of notification, the defendant and people with related rights and obligations will have to submit to the Court a document recording their opinions and accompanying documents and evidence.

 Step 4. Preparing for trial of the case:

The full time to prepare for trial of a labor dispute case is 2 months from the date of acceptance. This time may be extended by no more than one month if it is determined that the dispute is of a complex nature or there are force majeure events such as objective reasons that require an extension.

Step 5.First instance trial of the case

 Within one month from the date of the decision to bring the case to trial, the Court will open a trial. In case of a legitimate reason, this period can be extended to a maximum of 2 months.

Step 6.The court issues a verdict

If a judgment deciding to evacuate a court is not appealed or appealed, it will take effect 30 days after the date of pronouncement of the judgment.

With the above regulations, normal labor disputes only need to be resolved through the first instance level without being postponed, suspended, appealed or protested, usually taking about 6 months to be resolved. .

3. What is the statute of limitations for requesting resolution of an individual labor dispute?

Pursuant to Article 190 of the 2019 Labor Code, the new statute of limitations for resolving individual labor disputes is as follows:

– The statute of limitations to request a Labor Conciliator to conciliate a labor dispute is within 6 months from the date the individual discovers the act in which the disputing party believes that his or her legitimate rights and interests are being violated. another subject violates;

 – If the dispute is related to the authority of the Labor Arbitration Council, the statute of limitations for requesting resolution of the labor dispute is 9 months from the date the individual discovers the act that the disputing party believes has the right to benefit. Their legality is being violated;

– If you choose the Court to resolve labor disputes, the statute of limitations is within one year from the date of discovery of the act that a party in dispute directly infringes on its legitimate rights and interests;

- Considering the case where the requester can prove that due to force majeure events, objective obstacles or other reasons according to the law, he cannot comply with the deadline specified above, the time limit will vary. Force majeure events and objective obstacles will be considered by the Court and cannot be considered as representing a request to resolve an individual labor dispute.

Legal documents used:Labor Code 2019.