1. What is labor dispute?

First, it is necessary to understand that labor relations are social relations that arise in the hiring, utilization of labor, and payment of wages between employees and employers (Clause 5, Article 3 of the Labor Code 2019).

Labor disputes are disputes over rights, obligations, and interests arising between the parties in the process of establishing, implementing, or terminating labor relations; disputes between organizations representing employees; and disputes arising from relationships directly related to labor relations (Clause 1, Article 179 of the Labor Code 2019).

The following types of labor disputes exist:

• Individual labor disputes between employees and employers; between employees and enterprises or organizations sending employees to work abroad under contracts; and between re-hired employees and re-hired employers.
• Collective labor disputes over rights or interests between one or more organizations representing employees and the employer or one or more organizations of employers. These include:
  • Collective labor disputes over rights: These are disputes between one or more organizations representing employees and an employer or one or more organizations of employers arising in the following cases:
  • Differences in the interpretation and implementation of the provisions of collective labor agreements, labor regulations, statutes, and other legal agreements
  • Differences in the interpretation and implementation of provisions of labor law;
  • When an employer discriminates against employees or members of the management board of an employee representative organization due to their establishment, membership, or activities within the employee representative organization; interferes with or manipulates the employee representative organization; or violates the obligation to negotiate in good faith.

2. What are the methods of resolving labor disputes?

a. Negotiation

Negotiation is the first and most fundamental method for resolving labor disputes, which is the preferred choice of the parties (employees and employers) when disputes arise, based on the principle of respecting the parties' right to self-determination through negotiation, as prescribed by labor law.

During the negotiation process, the parties meet to exchange views, negotiate, and deliberate in order to find a reasonable solution that satisfies the interests of both sides. The success of the negotiation depends on the goodwill, concessions, and cooperation of both parties.

Advantages: Saves time and costs; preserves the reputation and dignity of both parties while still being able to achieve the goal of ensuring their rights and interests.

Disadvantages: Since there is no intervention from a competent state authority, in many cases, one of the parties may lack the goodwill to cooperate in the negotiation or the results of the negotiation process may not be legally binding on the parties.

b. Conciliation by labor conciliators

When negotiations fail to produce results, disputes may be referred to a labor conciliator for resolution.

A labor conciliator is a individual appointed by the Chairman of the Provincial People's Committee to conciliate labor disputes, disputes over vocational training contracts; and support the development of labor relations.

Role of the mediator:

• As a third-party intermediary, the mediator is experienced and knowledgeable in labor law.
• Guiding, explaining the law and encouraging the parties to reach agreements based on fairness, reasonableness, and compliance with legal regulations.
• Proposing feasible solutions and reconciling the interests of all parties.

Mediation process:

• The mediator will listen to both sides' views, then seek to reconcile and persuade the parties to reach an agreement.
• If the mediation is successful, the parties will sign a successful mediation record, which serves as the legal basis for resolving the dispute. If the mediation is unsuccessful, the dispute will be transferred to the next steps of resolution.

Conciliation by labor conciliators is a mandatory procedure:

According to Clause 1, Article 188 of the Labor Code 2019, individual labor disputes must be resolved through the conciliation procedure of a labor conciliator before requesting the labor arbitration council or the court to resolve them. However, there are exceptions for the following labor disputes that do not required going through conciliation procedures:

• On handling labor discipline in the form of dismissal or on cases of unilateral termination of labor contracts;
• On compensation for damages and benefits upon termination of employment contracts;
• Between domestic workers and employers;
• Regarding social insurance according to the provisions of the law on social insurance, health insurance according to the provisions of the law on health insurance,  unemployment insurance according to the provisions of the law on employment, occupational accident and disease insurance according to the provisions of the law on occupational safety and hygiene;
• On compensation for damages between employees and enterprises and organizations sending employees to work abroad under contracts;
• Between the re-hired employee and the re-hired employer.

c. Arbitration procedures at the labor arbitration council

If conciliation fails, based on consensus, the disputing parties may request the labor arbitration council to resolve the dispute (Clause 1, Article 189 of the Labor Code 2019). This is an intermediary body specializing in resolving labor disputes, including members with authority and experience in the labor field.

• Advantages: Arbitration proceedings are faster than court proceedings, reducing time and costs for the parties. The arbitration panel consists of experts with in-depth knowledge of labor law, ensuring that decisions are objective and in accordance with the law.
• Disadvantages: In principle, the arbitration award is final and binding   on the parties in the dispute, but the current labor code does not clearly stipulate this content, leading to difficulties in the implementation process.

In case the labor arbitration council has not been established within the prescribed time limit or the labor arbitration council has not issued a decision to resolve the dispute after the prescribed time limit, the parties have the right to request the court to resolve the dispute. Or in case one of the parties does not comply with the decision to resolve the dispute of the labor arbitration council, the parties have the right to request the court to resolve the dispute (Clause 4 and 5, Article 189 of the Labor Code 2019).

d. Settlement in court according to civil procedure

Dispute resolution in court is a method of dispute resolution through the activities of state judicial agencies, on behalf of state power, conducted according to strict procedures and order to issue judgments or decisions that oblige the parties to implement. Labor disputes that do not require mediation at a labor mediator can be directly requested to a competent court for resolution.

• Advantages: Highly coercive; strict procedures and litigation order, ensuring the enforcement of decisions and judgments in court. The court also has the right to coerce and summon third parties to court to resolve disputes.
• Disadvantages: When a court decision is appealed, the litigation process may be delayed and take longer, requiring multiple levels of trial and incurring costs for the disputing parties.

3. Who is labor dispute resolution lawyer?

Labor dispute resolution lawyers are those with extensive knowledge of labor law and practical experience in resolving labor disputes. They support, advice, and represent both employees and employers to resolve conflicts related to rights and obligations in labor relations.

With the support of a labor dispute resolution lawyer, both employees and employers can gain a clearer understanding of their rights and obligations, thereby making informed decisions during the dispute resolution process.

4. What are the roles of labor dispute resolution lawyer?

Labor disputes are among the most complex disputes. As the parties in labor relations often lack understanding of regulations related to dispute resolution. And they may not know how to protect their legitimate rights and interests. Therefore, the support of lawyers in resolving labor disputes is necessary.

As advocates for maximizing the legal rights and interests of employees and employers, labor dispute resolution lawyers participate in the negotiation and mediation processes, as well as represent clients before judicial agencies such as courts and arbitration councils, helping clients clearly understand their rights and interests, and providing appropriate solutions to resolve disputes quickly and legally.

5. What does labor dispute resolution lawyer do?

Labor dispute resolution lawyers perform many important tasks in the process of resolving labor disputes, specifically:

• Legal advice: labor dispute resolution lawyers will advise on legal regulations related to the client's case, including the rights and obligations of the parties. Lawyers will clearly explain the regulations and terms in the labor contract, legal provisions on social insurance, salary, bonus, dismissal, resignation, etc. This hepls clients gain  a comprehensive view and better understand the situation they are facing. At the same time, lawyers also provide advice to help clients choose an appropriate dispute resolution method.
• Drafting documents and dossiers: labor dispute resolution lawyers assist clients in drafting documents and dossiers such as invitation to work, request for labor mediation at the labor mediator, request for dispute resolution at the labor arbitration council, petition and other related documents to ensure that all documents and dossier are drafted in accordance with legal regulations and fully meet requirements.
• Representing clients in negotiations and conciliation: Before taking the case to court, a labor dispute resolution lawyer will represent clients in negotiations or conciliation sessions with the disputing parties. The lawyer will work to achieve the best agreement for the client while court proceedings if possible.
• Participating in court proceedings: If negotiation and conciliation fail, the labor dispute resolution lawyer will represent the client in court proceedings or arbitration councils. The lawyer will present the case, provide evidence, and protect the client's rights throughout the resolution process.
• Dispute resolution consulting: During the dispute resolution process, the labor dispute resolution lawyer will provide optimal solutions and strategies to achieve the outcomes for the client. They will consider various options, from negotiation, mediation to participation in the litigation process, to help clients achieve their desired goal.

Representing clients in working with the enforcement agency in cases where a court's effective judgment is not voluntarily enforced by one party: When a court's judgment/decision has come into legal effect but one party does not voluntarily enforce it, labor dispute resolution lawyer will represent the client in working with the enforcement agency to ensure that the party required to enforce the judgment/decision complies with it according to the provisions of law.

6. Where to find a labor dispute resolution lawyer?

At Phong & Partners Law Firm, we prioritize service quality and client satisfaction as the guiding principles of our operations. Phong & Partners Law Firm operates under the philosophy of “Respecting justice – Respecting goodwill,” with dedication, passion, responsibility, and always placing the word “HEART” at the forefront of our profession.

With a team of well-trained lawyers and legal specialists who have extensive experience providing legal services to both individuals and businesses, Phong & Partners Law Firm is increasingly trusted by clients who seek professional advice, especially in labor disputes.

7. Advice from a labor dispute resolution lawyer

When a labor dispute arises, consulting a labor dispute resolution lawyer is crucial to ensure maximum protection of your rights and benefits. Below are some key tips from a labor dispute resolution lawyer that you should keep in mind:

• Understanding the labor laws: Before taking steps to resolve a dispute, make sure you understand the laws that apply to your rights. This will provide you with a solid foundation to protect yourself appropriately.
• Keeping all relevant documents: Retaining employment contracts, work minutes, invoices, notices, and other relevant documents will serve as vital evidence in the dispute resolution process. This will help you gather full information and evidence to protect your rights.
• Prioritizing negotiation and mediation: Lawyers often encourage parties to try negotiation and mediation before taking the case to court. This not only saves time and costs but also avoids straining the relationship between the parties. Furthermore, in many cases, the law requires mediation before implementing the dispute resolution method in court.
• Seeking legal assistance early: Instead of handling disputes yourself, seeking assistance from a lawyerearly can help you avoid mistakes and increase your chances of successfully defending your rights.
• Considering all legal options: Before deciding to take your dispute to court, seek advice from a lawyer about other options such as mediation, arbitration, or internal company procedures. This will help you choose the most suitable option that ensure long-term benefits.

Timely support and advice from a Labor dispute resolution lawyer will help you resolve disputes effectively while ensuring compliance with legal regulations and maximizing the protection of your rights in labor relations.

8. FAQ

(1) What are the court fees related to resolving Labor Disputes in Vietnam?

According to Point a, Clause 1, Article 12 of Resolution 326/2016/UBTVQH14, employees are exempted from paying advance court fees, litigation fees, court request fees and court fees when filing lawsuits related to the following issues:

• Filing lawsuits to claim wages, unemployment benefits, severance pay, social insurance, compensation for work-related accidents and occupational diseases;
• Resolving compensation-related issues;
• Suing for illegal dismissal and termination of an employment contract.

In addition, based on list a of court fees and charges issued together with Resolution 326/2016/UBTVQH14, the first-instance civil court fees of specific labor cases are as follows:

• For labor disputes without threshold, the court fee is 300,000 VND.
• For labor disputes with threshold value:

(2) How to resolve labor dispute in Vietnam?

https://phong-partners.com/en/how-to-resolve-labor-disputes-in-viet-nam

(3) What should an employee do if terminated from a labor contract or dismissed illegally?

https://phong-partners.com/en/what-should-an-employee-do-if-terminated-from-a-labor-contract-or-dismissed-illegally