1. What is an individual labor dispute?

According to the provisions of Article 179 of the 2019 Labor Code, labor disputes are understood as disputes related to the rights, obligations, and benefits arising between the parties in the process of establishing, implementing or terminating labor agreements. labor relations or disputes in relationships between employee representative organizations; Disputes arising from relationships directly related to labor relations.

Accordingly, labor disputes include two types:

– Individual labor disputes: This is a type of dispute between employees and employers; between the sub leased employee and the sub hired employer; between workers and businesses and organizations sending workers to work abroad under contracts.

– Collective labor dispute: This is a type of dispute related to the rights in the relationship between one or more employee representative organizations and the employer or one or more employer organizations. .

Labor disputes must be resolved on the basis of respecting the parties' right to self-determination through negotiation throughout the labor dispute resolution process; and must be resolved openly, transparently, objectively, promptly, quickly and legally.

2. Regulations on mechanisms for resolving individual labor disputes:

2.1. Competence to resolve individual labor disputes:

When individual labor disputes arise, the following agencies, organizations and individuals will have the authority to resolve individual labor disputes, including:

– Labor Arbitration Council.

– Labor mediator.

- The People's Court.

2.2. Disputes must go through a labor conciliator:

Pursuant to Article 188 of the 2019 Labor Code, individual labor disputes must be resolved through the conciliation procedure of a labor conciliator before requesting resolution by the Labor Arbitration Council or Court. .

However, except for the following cases, conciliation will not be required:

– Regarding compensation and benefits when terminating the labor contract.

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

– Disputes between domestic workers and employers.

– Disputes related to social insurance, health insurance, unemployment insurance according to the provisions of social insurance law, health insurance law, employment law, etc.

– Disputes related to compensation between workers and businesses and organizations sending workers to work abroad under contracts.

– Disputes between subleased workers and subleased employers.

Process for resolving labor disputes through labor conciliators:

Upon receiving a request to conciliate a labor dispute, the labor conciliator must complete the conciliation within 05 working days.

Participants in the conciliation meeting must be present from the disputing parties. Note that disputing parties can authorize others to participate.

During the mediation session, the mediator's responsibility is to guide and support the parties in negotiating to resolve the dispute.

The conciliation session will have the following results:

+ Successful conciliation: the labor conciliator prepares a record of successful conciliation. The content of the minutes must be fully signed by the disputing parties and the labor mediator.

+ Unsuccessful conciliation: the labor conciliator must propose a conciliation plan for the parties to consider.

If that plan is approved by the parties, a record of successful conciliation will be drawn up.

If that solution is not accepted by the parties, it will be considered unsuccessful. The mediator will be responsible for drawing up a record of unsuccessful mediation and having it fully signed by the parties.

When one of the disputing parties has been duly summoned for the second time but is still absent without a valid reason, the labor conciliator will also prepare a record of unsuccessful conciliation.

2.3. In which cases are labor disputes resolved by the Labor Arbitration Council:

If it is not required to go through the labor conciliator procedure or in case the labor conciliator's term expires or the conciliation fails, then on the basis of consensus, the disputing parties have the right to request a Resolution by the Labor Arbitration Council.

At the request of the disputing parties, a Labor Arbitration Board must be established to resolve the dispute within 7 working days from the date of receipt of the request to resolve the dispute.

Next, the Labor Arbitration Board must make a decision on dispute resolution and send it to the disputing parties. The resolution time limit is 30 days, counted from the date the Labor Arbitration Board was established.

Note: When there is a decision of the Arbitration Board that one of the parties does not implement, the parties have the right to apply to the Court with jurisdiction to resolve it.

3. Statute of limitations for requesting resolution of individual labor disputes:

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

– In case of requesting a labor conciliator to conciliate an individual labor dispute: 06 months from the date of discovery of the act in which the disputing party believes that its legitimate rights and interests are violated. violation.

– In case of requesting the Labor Arbitration Council to resolve an individual labor dispute: 09 months, calculated from the date of discovery of the act in which the disputing party believes that its legitimate rights and interests are violated. .

– For cases of initiating a lawsuit and requesting a court with jurisdiction to resolve: 01 year from the date of discovery of the act in which the disputing party believes its legitimate rights and interests are violated.

Note: the period of time when a force majeure event, objective obstacle or other reason as prescribed by law cannot be requested on time will not be counted in the statute of limitations for requesting resolution of labor disputes. Personal actions if there are grounds and grounds to prove it.

4. Procedures for suing an individual labor dispute to court:

Step 1: Prepare lawsuit documents:

Dossier to initiate a labor case includes:

- Petition.

– Identification documents (including identity card or citizen identification card) of the plaintiff.

– Documents and evidence related to the content of the dispute (if any).

– Documents related to labor relations such as: Labor contract, decision to terminate labor contract or dismissal decision, notice of resignation,...

– Minutes of unsuccessful conciliation (if any).

Step 2: Submit a lawsuit:

The competent court is the district-level People's Court where the defendant's headquarters is located. Except in cases where the parties have a written agreement to choose the Court where the plaintiff resides and works to resolve the dispute.

Step 3: The court accepts the case:

Within 07 days from the date of receiving the Court's notice of payment of court fee advance, the plaintiff must pay the court fee advance and submit to the Court a receipt for the court fee advance.

The order for resolving labor disputes in court will be resolved according to civil proceedings prescribed in the 2015 Civil Procedure Code and its guiding documents.

Note: Court fees for resolving individual labor disputes at Court:

– First instance civil court fee for labor disputes without quota: 300,000 VND

– First instance civil court fees for labor disputes with quotas:

(pursuant to Resolution No. 326/2016/UBTVQH14 regulating the rates of collection, exemption, reduction, collection, payment, management and use of court fees and charges).

LEGAL DOCUMENTS USED IN THE ARTICLE:

Labor Code 2019.

Resolution No. 326/2016/UBTVQH14 regulates the rates of collection, exemption, reduction, collection, payment, management and use of court fees and charges.