PROCEDURE FOR SETTLEMENT OF RIGHT-BASED COLLECTIVE LABOR DISPUTE

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Collective labor disputes about rights under the Labor Code in 2012 is a dispute between an employees’ collective and an employer which arises from different explanations and implementations of the labor law, collective labor agreements, internal working regulations, and other regulations and lawful agreements. It can be simply understood as a dispute about what was prescribed by the employer but has lower benefit than labor law so workers want to assert.

Procedure for resolving collective labor disputes about the right shall be devided in to two small procedures: Mediation basis and settlement of disputes by the district-level People's Committee chairperson.

1) The conciliation procedures:

Collective labor disputes in general and collective labor disputes about rights in particular are required to go through conciliation by the labor conciliator.

The order of conciliation procedures for right – based collective labor dispute shall follow the four steps as individual labor disputes. You can refer to: http://vietnameselegal.blogspot.com/2017/02/procedures-for-settlement-of-individual.html

In case of unsuccessful conciliation or if either party does not implement the agreement written in the record of successful conciliation, any disputing party may request settlement by the chairperson of the district-level People’s Committee

Note: A record of conciliation must clearly indicate the type of the collective labor dispute. Therefore, in case of expiry of 5 working days from the filing requirements in which the labor conciliator fails to conduct the conciliation, any disputing party may request settlement by the chairperson of the district-level People’s Committee.

Within 2 working days after receiving a request for settlement, the chairperson of the district-level People’s Committee shall identify whether the dispute is right-based or interest-based. If it is a right-based collective labor dispute, the chairperson of the district-level People’s Committee shall settle it; If it is an interest-based collective labor dispute, the chairperson of the district-level People’s Committee shall promptly guide the disputing parties to make a request for settlement by The Labor Arbitration Council.

2) Settlement of right-based collective labor disputes by chairpersons of district-level People’s Committees

Within 5 working days after receiving a request for settlement of a right-based collective labor dispute, the chairperson of a district-level People’s Committee shall conduct the labor dispute settlement.

Representatives of the two disputing parties must be present at the labor dispute settlement meeting. When finding it necessary, the chairperson of the district-level People’s Committee may invite representatives of other relevant agencies and organizations to the meeting.

The chairperson of the district-level People’s Committee shall base himself/herself on the labor law, collective labor agreement, registered internal working regulations and other lawful regulations and agreements to consider and settle the labor dispute.

In case the two parties disagree with the decision of the chairperson of the district-level People’s Committee or the chairperson of the district- level People’s Committee fails to settle the labor dispute within the time limit, any disputing party may request settlement by a court.