PROCEDURES FOR SETTLEMENT OF INDIVIDUAL LABOR DISPUTES BY LABOR CONCILIATORS

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Individual labor disputes are labor dispute between an employee and an employer over rights, obligations or interests which arise between the parties in industrial relations. The dispute occurs in the business when the parties have a personal conflict of interest.

Agencies and persons competent to settle individual labor disputes according to Article 200 Labor code 2012:

- Labor conciliators..

- People’s Courts.

  

Mandatory procedures of individual labor disputes must go through the conciliation conducted by labor conciliators before going to a court for settlement, except the following labor disputes:.

a/ Disputes over disciplinary measures of dismissal or unilateral termination of labor contract;

b/ Disputes over compensation for damage and allowance upon termination of labor contract;

c/ Disputes between a domestic employee and his/her employer;

d/ Disputes over social insurance in accordance with the law on social insurance, over health insurance in accordance with the law on health insurance;

e/ Disputes over compensation between employees and enterprises or non-business units sending employees to work abroad under contracts.

  

Today we come together to learn about conciliating individual labor disputes. Conciliation procedures can be divided into 4 steps:

Step 1. Send a conciliation request

If the employee and the employer happens to dispute, file a request for conciliation for the conciliator to conduct the procedure.

Step 2. Carry out conciliation

Within 5 working days from the date of receiving a conciliation request, the labor conciliator shall complete the conciliation.

Both disputing parties must be present at the conciliation meeting. The disputing parties may authorize their representatives to attend the conciliation meeting.

The labor conciliator shall instruct the parties to negotiate and come up with plans to settle the dispute between the parties.

Step 3. Record of conciliation

In case the two parties can reach an agreement, the labor conciliator shall prepare a record of successful conciliation.

In case the two parties cannot reach any agreement, the labor conciliator shall recommend a solution to the parties for consideration. In case the two parties agree with the recommended solution, the labor conciliator shall prepare a record of successful conciliation.

  

In case the two parties do not agree with the recommended solution or one of the disputing parties is absent without a plausible reason after having been duly summoned for two times, the labor conciliator shall prepare a record of unsuccessful conciliation.

Step 4. Send record of conciliation

Copies of the record of successful or unsuccessful conciliation must be sent to both disputing parties within 1 working day from the date the record is prepared.

Note: In case of unsuccessful conciliation or if either party does not implement the agreement written in the record of successful conciliation or the conciliation duration (5 working days) expires but the labor conciliator fails to conduct the conciliation, each disputing party may request settlement by a court