The time limit for labor disputes resolutions under Vietnamese Law

by QuynhHuong

In each company, issues related to labor are one of the factors that most affect the production and business process. Especially when there is a labor dispute, the company could not stay on the run. So, what is the time limit for labor disputes resolutions under Vietnamese Law? Let’s find out with LSX in this article!

  • Labor Code 2019

What is a labor dispute?

Accordingly, disputes are disagreements, unequal rights, and interests of the subject parties when entering into a relationship with certain specific responsibilities arising. For labor relations, a labor dispute is a conflict between an employee and an employer about the rights and interests; related to the process of joining and employing workers. Labor disputes include two following types:

  • Personal labor dispute.
  • Collective labor disputes.

Authority competent to settle labor disputes?

Following Article 200 of the 2012 Labor Code; the competence to settle individual labor disputes belongs to the following two agencies:

  • Labor mediator.
  • The People’s Courts.

On the other hand, the competence to settle labor disputes Collective action on rights includes the following three agencies:

  • Labor mediator;
  • Presidents of People’s Committees of rural districts, urban districts, towns, and provincial cities;
  • The People’s Court.

Besides, the competence to settle collective labor disputes over interests includes the following two agencies:

  • Labor mediator;
  • Labor Arbitration Council.

Statute of limitations for initiating a labor dispute lawsuit

Hence Articles 202 and 207 of the Labor Code 2012, the statute of limitations for settling labor disputes depends on specific subjects as follows:

Firstly, the statute of limitations for requesting the resolution of an individual labor dispute, from the date of discovering an act in which each disputing party believes that his/her legitimate rights and interests are infringed:

  • Limitations for requesting a labor mediator to mediate individual labor disputes is 6 months.
  • The statute of limitations for requesting a court to settle an individual labor dispute is one year.

Secondly, the statute of limitations for requesting the settlement of a collective labor dispute over rights, from the date of discovering an act in which each disputing party believes that his/her legitimate rights and interests are violated:

  • The statute of limitations for requesting the settlement of a collective labor dispute over rights is one year.

Thus, if the statute of limitations expires, the employee loses the right to sue for labor disputes.

Time limit for labor disputes resolutions

For the time to settle individual labor disputes

Accordingly, within five working days from the date of receiving the request for conciliation, the labor mediator must end the conciliation.

For the time to settle collective labor disputes at the establishment.

In case of a successful mediation:

Within five working days from the date of receipt of the request for conciliation, the labor mediator must end the conciliation.

In case the conciliation fails or either party fails to implement the agreements in the minutes of conciliation:

Within two working days after receiving the request for collective labor dispute settlement; the district-level People’s Committee chairperson is responsible for determining the type of dispute over rights or interests.

  • For collective labor disputes over rights, the parties have the right to request the chairperson of the district-level People’s Committee to settle.

Within 05 working days from the date of receiving the written request for settlement of collective labor disputes over rights, the district-level People’s Committee chairpersons must settle the labor dispute.

  • For a collective labor dispute over the interests of the parties, the parties have the right to request the Labor Arbitration Council to settle.

Within seven working days from the date of receipt of the request for settlement, the Labor Arbitration Council must end the conciliation.

Lastly, thank you for paying attention to our article on “The time limit for labor disputes resolutions under Vietnamese Law”. Hope that this article will help you solve your problem. In case you have any questions, please feel free to contact Lawyer X for quick and best legal services: +84846175333.

What is a personal labor dispute?

An individual labor dispute is a labor dispute between an individual or a group of employees and the employer about the individual rights and obligations of each individual.

What is a collective labor dispute?

A collective labor dispute over rights is a dispute between the labor collective and the employer arising from the different interpretations and implementation of the provisions of the labor law, the collective labor agreement, the labor regulations, regulations, and other legal agreements.

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