Learn about the legal issues of labor disputes

1. Definition of labor dispute?

Pursuant to Clause 1, Article 179 of the 2019 Labor Code, it is stipulated as follows:

Labor disputes are disputes over rights, obligations and interests arising between parties in the process of establishing, implementing or terminating labor relations; disputes between organizations representing employees; disputes arising from relationships directly related to labor relations. Types of labor disputes include:

- Individual labor disputes between employees and employers; between employees and enterprises and organizations sending employees to work abroad under contracts; between re-hired employees and re-hired employers;

- Collective labor disputes over rights or interests between one or more organizations representing employees and the employer or one or more organizations of employers.

Thus, labor disputes are understood as conflicts of rights, obligations and interests arising between employees and employers in the process of establishing, implementing or terminating labor relations; disputes between organizations representing employees; disputes arising from relationships directly related to labor relations.

2. What are the principles of labor dispute resolution?

Pursuant to Article 180 of the 2019 Labor Code, the principles for resolving labor disputes are stipulated as follows:

- Respect the right to self-determination through negotiation of the parties throughout the process of resolving labor disputes.

- Respect the settlement of labor disputes through conciliation and arbitration on the basis of respecting the rights and interests of both disputing parties, respecting the common interests of society, and not violating the law.

- Open, transparent, objective, timely, quick and legal.

- Ensure the participation of representatives of the parties in the process of resolving labor disputes.

- Labor dispute resolution is conducted by the competent agency, organization or individual after receiving a request from the disputing party or upon the proposal of the competent agency, organization or individual and with the consent of the disputing parties.

Thus, the principle of resolving labor disputes is based on 05 criteria including:

- Respect the right to self-determination through negotiation of the parties.

- Resolve labor disputes through conciliation and arbitration on the basis of respecting the rights and interests of the two disputing parties, respecting the common interests of society, and not violating the law.

- Open, transparent, objective, timely, quick and legal.

- Ensure the participation of representatives of the parties in the dispute resolution process.

- Labor dispute resolution is conducted by the competent agency, organization or individual after receiving a request from the disputing party or upon the proposal of the competent agency, organization or individual and with the consent of the disputing parties.

3. Who has the authority to resolve individual labor disputes?

Pursuant to Article 187 of the 2019 Labor Code, the agencies, organizations and individuals with the authority to resolve individual labor disputes include:

- Labor mediator;

- Labor arbitration council;

- People's Court.

4. What are the rights and obligations of the parties in resolving labor disputes?

Pursuant to Article 182 of the 2019 Labor Code, the rights and obligations of the two parties in resolving labor disputes are stipulated as follows:

1. In resolving labor disputes, the parties have the following rights:

a) Directly or through a representative to participate in the settlement process;

b) Withdraw the request or change the request content;

c) Request a change of the person conducting the settlement of the labor dispute if there is reason to believe that the person may not be impartial or objective.

2. In resolving labor disputes, the parties have the following obligations:

a) Provide complete and timely documents and evidence to prove your request;

b) Comply with the agreements reached, decisions of the Labor Arbitration Board, judgments and decisions of the Court that have come into legal effect.

Thus, in resolving labor disputes, rights must go hand in hand with obligations. The parties must properly perform their obligations to protect their legitimate rights and interests during the dispute resolution process.