1. Procedures for resolving individual labor disputes:

Labor dispute is one of the phrases that has only been used in our country for nearly forty years. Before 1985, the concept of labor disputes was almost never mentioned. Instead, if you disagree or need to bring up an issue related to individual rights to request resolution, the person who works has the right to use their rights to complain and denounce. All such complaints and denunciations will be considered administrative issues and will mostly be resolved according to administrative procedures.

The concept of "labor dispute" is only officially mentioned in Inter-branch Circular No. 02/TTLN of the Supreme People's Court - withPeople's Procuratorate of the Supreme – with the Ministry of Justice – with the Ministry of Labor – with the General Department of Vocational Training on guidance to exercise the jurisdiction of the People's Court on matters related to labor disputes. However, in this inter-industry Circular, the concept of labor dispute is not defined in terms of content but is only an informative phrase. No one can define what a labor dispute is, or who the dispute is between whom, etc.

Having gone through periods of innovation, amendment, and inheritance of the previous Labor Code, the Government has now issued and is applying the 2019 Labor Code. This Code has more clear and specific regulations. about labor disputes. Accordingly, in Article 179 of this Code, there are regulations on labor disputes, labor disputes are disputes about:

– The rights, obligations, and benefits that arise between the parties during the process of establishing, implementing, or terminating the labor relationship;

– Disputes between representative organizations of workers;

– Disputes arising from relationships that are directly related to labor relations

There are two types of labor disputes: individual labor disputes and collective labor disputes, specifically as follows:

– Individual labor dispute: is a labor dispute that occurs between an individual employee and the employer. There are types of individual labor disputes as follows:

+ Personal labor disputes between employees and employers;

+ Personal labor disputes between workers and businesses and organizations sending workers to work abroad under contracts;

+ Personal labor disputes between the sub hired employee and the sub hiring employer;

– Collective labor dispute over rights or interests: is a dispute that occurs between a collective of employees and the employer. There are types of collective labor disputes about rights and interests as follows:

+ Collective labor dispute between one or more representative organizations of workers and the employer;

+ Collective labor dispute between one or more representative organizations of workers and one or more organizations of employers;

In Article 187 of the 2019 Labor Code, there are regulations on the authority to resolve individual labor disputes, the agencies, organizations and individuals that have the authority to resolve individual labor disputes include:

– Labor conciliator: is the person appointed by the Chairman of the Provincial People's Committee to perform the functions and tasks of conciliating labor disputes and disputes over vocational training contracts. ; Support the development of labor relations.

– Labor Arbitration Council;

- The People's Court.

Regarding the order and procedures for resolving individual labor disputes, Article 188 of the 2019 Labor Code has the following provisions:

“Individual labor disputes must be resolved through the conciliation procedure of a labor conciliator before requesting resolution by the Labor Arbitration Council or the Court.”

Thus, through the above regulations, before an employee or employer requests the Labor Arbitration Council or Court to resolve an individual labor dispute, they must proceed with conciliation. . Except for the following cases, the employer or employee is not required to proceed with conciliation but can proceed to request the Labor Arbitration Council or the Court to resolve the labor dispute. personal actions, specifically the following cases:

– Regarding the issue of labor discipline in the form of dismissal or in cases of unilateral termination of the labor contract;

– Regarding compensation and benefits when terminating the labor contract;

– Between domestic workers and employers;

– Regarding social insurance, health insurance, unemployment insurance, insurance for labor accidents and occupational diseases in accordance with the provisions of law on social insurance and health insurance, employment law, labor safety and hygiene law;

– Regarding compensation issues between workers and businesses and organizations sending workers to work abroad under contracts;

– Between the sub hired employee and the sub hired employer.

At this conciliation step, there will be two cases: successful conciliation and unsuccessful conciliation. As follows:

– Successful conciliation: In case the parties reach an agreement, the labor conciliator will prepare a record of successful conciliation. The minutes of successful conciliation must be signed by the disputing parties and the labor conciliator.

– Unsuccessful conciliation: In case the conciliation plan is not accepted by the parties or if a disputing party has been duly summoned for the second time but is still absent without a legitimate reason, conciliation will take place. The labor conciliator will make a record of unsuccessful conciliation. The minutes of unsuccessful conciliation must be signed by the disputing parties present and the labor conciliator.

After completing the conciliation step, if the parties fail to conciliate, the disputing parties have the right to choose one of the following methods to resolve the dispute, which is to request the Labor Arbitration Council to resolve the dispute. or request the Court to resolve.

– Method of requesting the Labor Arbitration Council to resolve:

+ If the disputing parties choose the method of asking the Labor Arbitration Council to resolve, the parties cannot simultaneously request the Court to resolve.

+ Within 07 working days from the date of receipt of the request for dispute resolution from the parties, a labor arbitration board must be established to resolve the dispute.

+ Within 30 days starting from the date the Labor Arbitration Board is established, the Labor Arbitration Board must make a decision on resolving disputes and must send it to the disputing parties.

+ In case the deadline for establishing an arbitration panel or the deadline for the labor arbitration panel to make a decision on dispute resolution expires, the parties have the right to request the Court to resolve.

+ In case the labor arbitration board makes a decision to resolve the dispute but one of the parties does not properly implement the decision, the parties have the right to request a court to resolve it.

– Method of requesting the Court to resolve: follow the procedures prescribed in the 2015 Civil Procedure Code

+ Submit the lawsuit petition and other documents and evidence related to the case to the competent People's Court

+ The plaintiff shall pay the court fee advance after receiving notice from the court

+ The litigants along with other relevant individuals and organizations receive notice of the court's acceptance of the case

+ Carry out mediation and prepare for trial

+ Open the first instance trial

2. Regulations on the statute of limitations for requesting resolution of individual labor disputes:

In Article 190 of the 2019 Labor Code, there are regulations on the statute of limitations for requesting resolution of individual labor disputes, specifically as follows:

– The statute of limitations to request a labor conciliator to conciliate an individual labor dispute is 06 months starting from the date of discovery of an act that the disputing party believes is its legitimate rights and interests. is violated.

– The statute of limitations to request the Labor Arbitration Council to resolve an individual labor dispute is 09 months starting from the date of discovery of an act that the disputing party believes violates its legitimate rights and interests. I have been violated.

– The statute of limitations to request the Court to resolve an individual labor dispute is 01 years from the date of discovery of the act in which the disputing party believes its legitimate rights and interests are violated.

– In case the requester can prove that due to force majeure events, objective obstacles or other reasons as prescribed by law, the request cannot be made within the above time limit, then the time when the unexpected event occurred. force, objective obstacles or other reasons will not be included in the statute of limitations for requesting resolution of individual labor disputes.