Table of contents:
1. What is a labor dispute?
According to Clause 1, Article 179 of the Labor Code 2019 a labor dispute means a dispute over rights, obligations and interests among the parties during the establishment, execution or termination of labor relations; a dispute between the representative organizations of employees; a dispute over a relationship that is directly relevant to the labor relation.
2. Labor dispute classification
There are 02 types of labor disputes which are listed in Clause 1, Article 179 of the Labor Code 2019:
- Individual Labor Disputes include disputes between employees and employers; between employees and the organization that sends the employee to work overseas under a contract; between outsourced employees and oursourcing firms.
- Collective Labor Disputes include disputes over Right-based or interest-based between one or several representative organizations of employees and the employer or one or several representative organizations of employees.
To be more specific, a right-based collective labor dispute means a dispute between one or several representative organizations of employees and the employer or one or several representative organizations of employees in the following cases:
- Discrepancies in the interpretation and implementation of the collective labor agreement, internal labor regulations and other lawful agreements;
- Discrepancies in the interpretation and implementation of labor laws; or
- The employer’s discrimination against the employees or members of the management board of the representative organization of employees for reasons of establishment, operation or participation in the organization; the employer’s interference or influencing the representative organization of employees; the employer’ violations against amicable negotiation.
Besides, Interest-based collective labor disputes include:
- Labor disputes that arise during the process of collective bargaining;
- A party refuses to participate in the collective bargaining or the collective bargaining is not held within the time limit prescribed by law
3. Why should you retain a Labor Lawyer when a labor dispute arises?
Employees are an important and decisive factor in the productivity and efficiency of each enterprise.
When a labor dispute, especially a collective labor dispute occurs, the production and business of enterprises may be affected negatively, and the stability of labor relations will be on the verge of being disrupted. In this case, it is necessary to retain a Labor Lawyer to consult and participate in the dispute resolution because the specificity of the labor law system makes it hard for individuals and businesses to understand and deal with it by themself effectively. Labor Lawyer who consults and resolves labor disputes is the one who is knowledgeable about labor law and has practical experience, which will help individuals/businesses to resolve disputes quickly and legally, and minimize unnecessary damage.
4. The task of a Labor Lawyer in resolving Labor disputes
Labor Lawyer can help clients efficiently in the Labor disputes resolving process which includes the following main tasks:
- Discussing with the clients about the initiation of labor dispute cases;
- Preparing lawsuit documents for clients;
- Studying records, evaluating evidence, and using evidence for the process of settling labor disputes;
- Representing and/or protecting the rights and interests of clients during the process of resolving labor disputes at the People’s Court; representing clients in all stages of trial (first instance, appellate);
- Representing and/or protecting the rights and interests of clients during the process of resolving labor disputes by alternative dispute resolution methods (Labor Mediator/Labor Arbitration Council);
5. Labor Lawyer deals with Labor disputes in Da Nang City – Phong & Partners Law Firm
Phong & Partners Law Firm is guaranteed to be a reliable firm, always following up on labor issues to update clients regularly.
With a team of lawyers and legal specialists who are well-trained, and have many years of experience in providing legal services to many individuals and enterprises, Phong & Partners Law Firm is increasingly trusted by the business community when they need professional advice, especially in labor disputes.
Phong & Partners Law Firm’s Legal service in resolving labor disputes:
- Counseling in resolving labor disputes online (Online: via telephone, Zalo,... or sending consulting letters via Zalo, Email,...);
- Counseling in resolving labor disputes directly at the headquarters of Phong & Partners Law Firm or at branches of Phong & Partners Law Firm;
- Collecting documents, evidence and testimonies of the witnesses; obtaining confirmation from the competent authority to consolidate the dossier;
- Representing clients to participate in labor dispute settlement at the People's Courts having jurisdiction of the first instance and/or appellate levels.
- Representing clients to resolve labor disputes by alternative dispute resolution methods (Labor Mediator/Labor Arbitration Council);
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1. Headquarter
Add: 6th Floor, Thanh Loi Building, 249 Nguyen Van Linh, Da Nang
Tel: 0236.3822678 – 0905.102.425
2. Phong & Partners Lawyer in Son Tra district
Add: 01 Dong Giang, Da Nang
Tel: 0905.205.624
3. Phong & Partners Lawyer in Lien Chieu district
Add: 21 Truong Van Da, Da Nang
Tel: 0961.283.093
4. Phong&Partners Lawyer in Ngu Hanh Son district
Add: 03 Chu Cam Phong, Da Nang
Tel: 0905.579.269
5. Phong & Partners Lawyer in Cam Le district:
Add: 346 Cach Mang Thang Tam, Da Nang
Tel: 0901.955.099
Email: phongpartnerslaw@gmail.com
Website: http://phong-partners.com
Fanpage:https://www.facebook.com/phongpartnerslaw
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