Labor dispute | Lao Dong Area

1. Classification of labor disputes

Personal labor disputes: Occurs between an employee and the employer (or between the subhired employee and the subhiring employer). [ 1 , 2 ]

Collective labor disputes: Occurs between a collective of workers (usually through a representative organization) and the employer. This type is divided into:

About rights: Disagreements in understanding and implementing laws, internal regulations, and collective labor agreements.
About benefits: Request new working conditions, salaries and bonuses not yet regulated by law or agreement. [ 1 , 2 , 3 ]

2. Common causes

About salary and benefits: Not paying wages on time, owing wages, not paying or avoiding paying social insurance (SI) and health insurance (HYT).

Regarding contract termination: Illegal dismissal, unilateral termination of labor contract not in accordance with regulations or disciplinary procedures.

Ambiguous contract: The labor contract is sketchy and lacks clear terms on rights and obligations. [ 1 , 2 ]

3. Process for resolving individual labor disputes

Direct negotiation: The two sides meet to discuss and find common ground (encouraged to do so first). [ 1 , 2 ]

Mediation at Labor Mediator:

Obligatory: Most personal disputes must go through this mediation step before going to the Court or Arbitration Council.
Exceptions (Conciliation not required): Disputes over disciplinary actions such as dismissal or unilateral contract termination; compensation for damages and benefits upon termination of employment; about social insurance, health insurance, unemployment insurance; or between the housekeeper and the homeowner... can request resolution directly at the competent authority. [ 1 , 2 ]

Next resolution request: If conciliation fails or is in a case where conciliation is not required, the parties can bring the case to the Labor Arbitration Council. or People's Court handle. [ 1 , 2 ]