Labor is the process by which man affects nature to create a certain amount of material wealth. In this day and age, the role of labor is increasingly important to people. However, in the labor process also arise many labor disputes; especially individual labor disputes. So how are the order and procedures for settling individual labor disputes regulated? Please refer to Lawyer X’s article to understand more about the following issues:
Legal grounds:
Labor Code 2019
What is an individual labor dispute?
Individual labor disputes are disputes when disagreements occur; conflicts of rights and interests between individual employees and employers; related to employment, wages, income, working conditions, the performance of labor contracts, the process of apprenticeship, and vocational training.
Authority to solve
According to the provisions of Article 187 of the Labor Code 2019, the following agencies are competent to settle individual labor disputes:
– Labor mediator
– The People’s Court
– Labor Arbitration Council
Compared with the provisions of the Labor Code 2012, the Labor Code 2019 has added 1 more agency; Competent to settle labor disputes is the Labor Arbitration Council. When settling individual labor disputes; Employees and employers can choose 1 of 2 dispute resolution agencies including:
court or the Labor Arbitration Council according to judicial or administrative procedures.
Order and procedures for settling labor disputes
Step 1: File a request for individual labor dispute resolution at a labor mediator
For individual labor disputes; Most need to go through the mediation process at the labor conciliator, except for the following cases where mediation is not required:
+) Regarding the handling of labor discipline in the form of dismissal or a dispute over the case of unilateral termination of the labor contract.
+) Regarding compensation for damage, allowances upon the termination of labor contracts;
+) Between the domestic worker and the employer;
+) Regarding social insurance by the law on social insurance; on health insurance by the law;
+) Regarding compensation for damage between employees and enterprises; non-business units sending workers to work abroad under contracts.
+) Between the outsourced employee and the outsourced employer.
Within 05 working days from the date of receipt of the request for conciliation; The labor mediator must end the mediation.
At the conciliation meeting, both disputing parties must be present. The disputing parties may authorize another person to attend the conciliation meeting.
In case both parties can agree
In individual labor disputes, the labor mediator guides the parties to negotiate to resolve the conflicts that lead to disputes between the parties. If the parties can reach an agreement on their own, the labor mediator shall make a record of successful conciliation.
In case the two parties cannot reach an agreement
When the parties to an individual labor dispute have re-negotiated without reaching an agreement; The labor conciliator proposes a conciliation plan for the two parties to consider. In case the two parties accept the conciliation plan, the labor conciliator shall make a record of successful conciliation.
In case the two parties do not accept the conciliation plan or one of the disputing parties has duly summoned for the second time but is still absent without a plausible reason; the labor conciliator makes a record of unsuccessful conciliation.
Step 2: Ask other competent authorities to settle (if no conciliation is possible)
In case the conciliation is unsuccessful or either party fails to implement the agreements in the record of successful conciliation or the settlement time limit expires but the labor conciliator fails to conduct the conciliation, each disputing party has the right to request The Court or the Labor Arbitration Council shall settle according to the order; administrative or judicial proceedings
Statute of limitations for requesting individual labor dispute resolution
– The statute of limitations for requesting a labor mediator to mediate an individual labor dispute is 06 months from the date of discovering an act in which the disputing party believes that his/her legitimate rights and interests are infringed.
– Besides, the statute of limitations for requesting the Labor Arbitration Council to settle an individual labor dispute is 9 months from the date of discovering an act in which the disputing party believes that his/her legitimate rights and interests are infringed.
– The statute of limitations for requesting the Court to settle the dispute is 01 year from the date of discovering the act in which the disputing party believes that his/her lawful rights and interests are infringed.
– In case the requester can prove that because of force majeure events, objective obstacles, or other reasons as prescribed by law, he cannot request within the time limit specified in this Article, the time of force majeure events resistance, objective obstacles, or such reasons are not included in the statute of limitations for requesting settlement.
Related article:
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Related question:
According to Clause 1, Article 188, disputes about labor discipline are not required to go through the mediation at the labor conciliator; In this case, the employee, when having grounds to believe that his/her legitimate rights and interests have been infringed, may request a court to settle or through the Labor Arbitration Council.
The statute of limitations for requesting the Labor Arbitration Council to settle an individual labor dispute is 9 months from the date of discovering an act in which the disputing party believes that his/her legitimate rights and interests are infringed.
A labor dispute is a dispute over rights, obligations, and interests arising between parties in the process of establishing, performing, or terminating the labor relationship; disputes between organizations representing workers; Disputes arising from a relationship directly related to the employment relationship
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