Order of settlement of collective labor disputes over rights in Vietnam

Hello Lawyer, I am a worker at a textile factory in the province of T. Recently we have been asked to work overtime, but the overtime pay is meager. A few of us have raised our opinion with the manager but have not been resolved. Manager told us he has no authority to deal with this matter. All of us workers feel extremely dissatisfied. I want to ask a lawyer about the authority to resolve collective labor disputes? The order to resolve collective labor disputes over rights so that we can claim our rights as soon as possible.

Legal grounds

Labor Code 2019

Consulting content

Labor disputes are always a dilemma between employees and employers. If a labor dispute is not resolved soon, it may lead to a strike. So when there is a collective labor dispute, who has the authority to settle it? What is the order of settlement of collective labor disputes about rights? Let’s find out with Lawyer X right here:

What is a collective labor dispute about rights?

Pursuant to Article 179 of the Labor Code 2019 stipulates:

Collective labor disputes over rights; or about interests between one or more organizations representing workers and employers; or one or more employers’ organizations.

Collective labor dispute over rights is a dispute between one or more organizations representing workers and the employer; or one or more employers’ organizations arise in the following cases:

• There are differences in understanding and implementation of the provisions of the collective labor agreement; labor regulations, regulations and other legal agreements;
• There are differences in understanding and implementation of labor laws;
• When the employer discriminates against the employee; a member of the leadership of a representative organization of employees for the reason of its establishment or accession; operating in a representative organization of employees; intervene and manipulate representative organizations of employees; breach of the obligation to negotiate in good faith.

Competence to settle collective labor disputes over rights?

Article 191 of the Labor Code 2019 provides as follows:

“Article 191. Competence to settle collective labor disputes over rights

1. Agencies, organizations and individuals competent to settle collective labor disputes over rights include:

a) Labor mediator;

b) Labor arbitration council;

c) People’s Court.

2. Collective labor disputes over rights must be resolved through the mediation procedures of the labor conciliators before requesting the Labor Arbitration Council; or the Court to deal with”.

Thus, the subject competent to settle collective labor disputes on rights is the labor mediator, the labor arbitration council and the people’s court.

Order and procedures for collective labor disputes over rights?

Unlike individual labor disputes, there are special cases where the settlement step can be skipped; In collective labor disputes over this right this is not stated; means to solve their requirements and purposes; The parties must comply with the order and procedures in the order of steps and stages of settlement.

First, conciliation at the labor mediator

The settlement through the mediation procedure of the labor conciliator prior to requesting an arbitration panel or court for resolution is mandatory for the settlement of a collective labor dispute over rights.

Article 192 of the Labor Code 2019 provides as follows:

1. The order and procedures for conciliation of collective labor disputes over rights shall comply with the provisions of Clauses 2, 3, 4, 5 and 6, Article 188 of this Code.

For disputes specified at Points b and c, Clause 2, Article 179 of this Code, which are determined to have committed illegal acts, the labor mediator shall make a record and transfer the dossier; documents to competent agencies for consideration and handling in accordance with law.

2. In case of unsuccessful conciliation; or the conciliation time limit specified in Clause 2, Article 188 of this Code expires; If the labor conciliator does not conduct the conciliation, the disputing parties have the right to choose one of the following methods to settle the dispute:

a) Request the Labor Arbitration Council to settle according to the provisions of Article 193 of this Code;

b) Request the Court to settle.”

Secondly, settle in arbitration or court

Article 193 of the Labor Code 2015 provides as follows:

1. On the basis of consensus, the disputing parties have the right to request the Labor Arbitration Council to settle the dispute; in case of unsuccessful conciliation; or the conciliation time limit specified in Clause 2, Article 188 of this Code expires; that the labor mediator does not conduct the mediation; or one of the parties fails to implement the agreement in the minutes of successful conciliation.

2. Within 07 working days from the date of receipt of the request for dispute settlement as prescribed in Clause 1 of this Article; A labor arbitration panel must be established to resolve disputes.
3. Within 30 days from the date of establishment, according to the provisions of the law on labor; collective labor agreements, registered labor rules and other legal regulations and agreements; The arbitral tribunal must make a decision on the settlement of the dispute and send it to the disputing parties.

For disputes specified at Points b and c, Clause 2, Article 179 of this Code, which are determined to have committed illegal acts, the Labor Arbitration Board shall not issue a settlement decision but make a record and transfer the dossier to the Labor Arbitration Board. ; documents to competent agencies for consideration and handling in accordance with law.

4. Where the parties choose to settle the dispute through the Labor Arbitration Council; according to the provisions of this Article, while the Labor Arbitration Council is conducting dispute settlement; The parties may not simultaneously request the Court to settle.
5. Upon the expiration of the time limit specified in Clause 2 of this Article, the Labor Arbitration Board is not established; or the time limit specified in Clause 3 of this Article expires; that the Labor Arbitration Board did not issue a decision to settle the dispute; then the parties have the right to request the Court to settle.
6. In case one of the parties fails to implement the dispute settlement decision of the Labor Arbitration Board; then the parties have the right to request the Court to settle.”

Thus, in case two parties have a collective labor dispute over rights; conduct mediation at the unsuccessful labor mediator; or conciliation is successful but one party does not execute the minutes of conciliation; or the settlement expires as prescribed, but the labor conciliator fails to settle the case; then the two parties may agree to request the labor arbitration council to settle the dispute; or either party or both parties are required to ask the court to resolve the dispute.

What is the statute of limitations for requesting the resolution of a collective labor dispute over rights?

Article 194 of the Labor Code 2019 provides for the statute of limitations as follows:

“Article 194. Statute of limitations for requesting the settlement of collective labor disputes over rights

1. The statute of limitations for requesting a labor mediator to mediate a collective labor dispute over rights is 06 months from the date of discovering an act in which the disputing party believes that his/her legal rights have been violated.
2. The statute of limitations for requesting the Labor Arbitration Council to settle a collective labor dispute over rights is 9 months from the date of discovering an act in which the disputing party believes that his/her legal rights have been violated.
3. The statute of limitations for requesting a court to settle a collective labor dispute over rights is 01 year; from the date of discovering the act in which the disputing party believes that his/her legal rights have been violated.

Thus, for the mediator’s request, it is 06 months; the arbitration council is 9 months and at the people’s court is 1 year from the date of discovery of the act; which each party believes that its rights and interests have been violated.

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