What is a collective labor dispute? What is the procedure to resolve?-Văn Phòng Luật Sư Trương Quyền

Based on the provisions of Article 179 of the 2019 Labor Code, we can understand collective labor disputes as labor disputes arising from conflicts and conflicts over the rights, obligations, and interests of the collective. workers in the process of negotiating with employers.

1. What is a collective labor dispute?

Accordingly, collective labor disputes include:

– Collective labor dispute over rights: is a dispute between one or more employee representative organization with the employer or one or more legal employer organizations in cases such as differences in understanding and implementing the provisions of labor regulations, labor agreements, regulations and other agreements; There are differences in understanding and implementing labor law provisions; In cases where the employer commits acts such as discriminating against employees; interfere with, manipulate employee representative organizations, or violate the obligation to negotiate in good faith.

– Collective labor dispute about interests: is a dispute over issues that have not been specified or agreed upon in the labor contract, collective labor agreement or in other forms, including cases such as labor disputes arising during collective bargaining; when one party refuses to negotiate, or does not negotiate within the prescribed content).

2. Order and procedures for resolving collective labor disputes:

2.1. Competence to resolve collective labor disputes:

Based on the provisions of Article 191 and Clause 1, Article 195 of the 2019 Labor Code, we can determine the authority to resolve collective labor disputes regarding rights including: Labor conciliator, Arbitration Council Labor and the People's Court. The authority to resolve labor disputes over interests includes: Labor conciliators and the Labor Arbitration Council.

2.2. Order and procedures for resolving collective labor disputes:

2.2.1. Situation and procedures for resolving collective labor disputes about rights:

As stated in the above section, we can determine that collective labor disputes about rights will be resolved in a two-step sequence:

Step 1: Conciliation at a labor conciliator.

Pursuant to the provisions of Article 192 of the 2019 Labor Code, for collective labor disputes about rights, resolution through conciliation procedures by a conciliator is mandatory before requesting the Arbitration Council. Labor or Court to resolve.

Accordingly, the procedure for resolving collective labor disputes by a labor conciliator is carried out as follows:

– The mediator must end the mediation within 5 days from the date of receipt of the request. The mediator is responsible for advising, guiding and supporting the parties in negotiating to resolve the dispute.

– The conciliation session must ensure the presence of both disputing parties, or other people can be authorized to participate in the meeting.

– The conciliator will prepare a record of unsuccessful conciliation in case, after two convenings, one or both parties are absent without a valid reason. If the parties cannot reach an agreement, the mediator will come up with a settlement plan. After that, if the parties accept mediation, a record of mediation will be drawn up; if they do not accept, a record of unsuccessful mediation will be drawn up.

– During the dispute resolution process, if it is deemed that there is a violation of the law, the Mediator will make a record and transfer the files and documents to the competent authority for consideration and handling according to the provisions of the Law. law.

Step 2: In case conciliation fails, the two disputing parties have the right to choose the Labor Arbitration Council or the Court to resolve the dispute.

– According to current law, two parties to a labor dispute over rights can agree and request the Labor Arbitration Council or Court to resolve the dispute when conducting conciliation at a labor conciliator. Or the conciliation is successful but one of the parties does not implement the conciliation minutes. Or the deadline for resolving the dispute according to regulations has expired and the labor conciliator does not proceed to resolve the case.

– A labor arbitration board must be established to resolve disputes within 7 working days from the date of receipt of the request for resolution.

– The arbitration panel must then make a decision on dispute resolution and send it to the disputing parties within 30 days from the date of its establishment. In case the arbitration panel is not established within the prescribed time limit to resolve the dispute or the resolution time limit expires without issuing a resolution decision or in case one of the parties does not implement the dispute resolution decision of the In case of labor arbitration, the parties have the right to request the court to resolve

– The Court's decision is the final decision on the dispute. In case a dispute is discovered that violates the law, a decision will not be made to resolve it, but a record will be made and the files and documents transferred to the competent authority for consideration and handling according to the law.

2.2.2. Collective labor disputes about interests:

According to current law, specifically Article 197 of the 2019 Labor Code, collective labor disputes about benefits are resolved in a two-step process:

Step 1: Conciliation at a labor conciliator

Accordingly, the procedure for resolving collective labor disputes by a labor conciliator is carried out as follows:

– The mediator must end the mediation within 5 days from the date of receipt of the request. The conciliation session must ensure the presence of both disputing parties, or other people can be authorized to participate in the session.

– After that, the mediator is responsible for advising, guiding and supporting the parties to negotiate to resolve the dispute.

– In case, after two convenings, one or both parties are absent without a valid reason, the conciliator will prepare a record of unsuccessful conciliation. If the parties cannot reach an agreement, the conciliator will come up with a settlement plan. After that, if the parties accept mediation, a record of mediation will be drawn up; if they do not accept, a record of unsuccessful mediation will be drawn up.

– In case of successful conciliation, the successful conciliation record has the same legal value as the collective labor agreement at the enterprise, according to regulations. In case of unsuccessful conciliation or the conciliation period expires and the conciliator does not conduct conciliation or either party does not implement the agreement in the successful conciliation record, they have the right to choose one of two methods to request the labor arbitration council to resolve or the employee representative organization to proceed. strike according to regulations

Step 2: In case of conciliation, the disputing parties have the right to choose to request the labor arbitration council to resolve the dispute or the employee representative organization has the right to conduct a strike according to regulations.

On the basis of consensus, the disputing parties have the right to request the Arbitration Council to resolve the dispute. Detail:

– The labor arbitration board must be established within 7 days from the date of receipt of the request to resolve the dispute.

– The arbitration panel must then make a decision on dispute resolution and send it to the parties within 30 days from the date of establishment.

– When choosing the method of settlement through the Arbitration Council, the employee representative organization is not allowed to conduct a strike while the arbitration council is resolving the dispute. If at the end of the prescribed time limit the labor arbitration board is not established or does not make a decision on the case within the legal time limit or the employer does not implement the arbitration board's dispute resolution decision, then The employee representative organization is the disputing party and has the right to initiate strike procedures.

3. Statute of limitations for requesting dispute resolution:

Based on the provisions of Article 194 of the 2019 Labor Code, we determine that the statute of limitations for requiring a labor conciliator to conciliate a collective labor dispute on rights is 06 months from the date of discovery of the violation. where the disputing party believes its legal rights have been violated. The statute of limitations for requesting the Labor Arbitration Council to resolve a collective labor dispute about rights is 9 months from the date of discovery of the act in which the disputing party believes its legal rights have been violated.

The statute of limitations for requesting the Court to resolve a collective labor dispute about rights is 01 years from the date of discovery of the act in which the disputing party believes its legal rights have been violated.