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Resolving labor disputes is a crucial process for protecting the rights of both employees and employers, while also ensuring that labor relationships remain harmonious and stable. Understanding the steps in the labor dispute resolution process not only helps protect the legitimate interests of both parties but also plays a significant role in building a healthy and sustainable work environment. In the following article, LHB Law Firm will introduce the procedures for resolving labor disputes in Vietnam. For clients who require litigation services, please contact us. LHB Law Firm at Hotline: +84.969.088.118 (Zalo).
MỤC LỤC
- 1 Common Types of Labor Disputes in Vietnam
- 2 Methods of Labor Dispute Resolution in Vietnam
- 3 Resolving Labor Disputes at the Department of Labor, Invalids and Social Affairs
- 4 Labor Dispute Litigation Procedure in Vietnam
- 5 Costs of Resolving Labor Disputes in Vietnam
- 6 Labor Dispute Resolution Representative Lawyer
- 7 Lawyer Service Fees for Resolving Labor Disputes in Vietnam
Common Types of Labor Disputes in Vietnam
In Vietnam, common labor disputes often arise from conflicts between employees and employers related to rights, obligations, and terms in the employment contract. Here are some typical types of labor disputes:
- Wage Disputes: Issues concerning salaries and payments.
- Contract Termination Disputes: Disagreements regarding the termination of employment contracts.
- Social Insurance and Welfare Benefits Disputes: Conflicts related to social insurance and other benefit schemes.
- Working Hours and Rest Period Disputes: Issues about work hours and rest periods.
- Labor Discipline Disputes: Conflicts related to disciplinary actions and procedures.
- Employment Contract Disputes: Disagreements about the terms and conditions of employment contracts.
- Union Participation Rights Disputes: Issues regarding the right to join trade unions.
- Work Conditions and Safety Disputes: Conflicts related to working conditions and occupational safety
Contact Labor Lawyer at Hotline +84.969.088.118 (Zalo).
Methods of Labor Dispute Resolution in Vietnam
In Vietnam, there are various methods for resolving labor disputes, aimed at ensuring the legal rights of the parties involved and maintaining stability in labor relations. Below are the common methods of labor dispute resolution:
- Direct negotiation.
- Labor mediation.
- Labor arbitration.
- Resolution through the Court.
- Resolution through the State labor management agency.
- Resolution through labor unions.
- Resolution of collective disputes over rights and interests.
These methods are clearly stipulated in Vietnam’s labor laws, providing a legal framework to ensure that labor disputes are resolved in a transparent, fair, and effective manner.
Contact a Labor Lawyer for Advice on Suitable Dispute Resolution Methods Hotline +84.969.088.118 (Zalo).
Resolving Labor Disputes at the Department of Labor, Invalids and Social Affairs
Resolving labor disputes at the Department of Labor, Invalids and Social Affairs (DOLISA) is an important method in handling conflicts that arise between employees and employers. This process helps ensure the legal rights of all parties involved and complies with labor law regulations. Below are the main steps in the labor dispute resolution process at DOLISA:
- Filing a Complaint: The employee or employer files a complaint with the Department of Labor, Invalids and Social Affairs where the dispute occurred. The complaint should clearly state the nature of the dispute, demands, and any supporting documents.
- Reviewing the Complaint: The Department of Labor, Invalids and Social Affairs will review the complaint and decide whether to accept the case. If the complaint is valid, the department will notify the involved parties.
- Collecting Documents and Providing Information: The department will request the parties involved to provide the necessary information and documents to clarify the case.
- Mediation: The Department of Labor, Invalids and Social Affairs organizes mediation sessions between the parties to find a solution to the dispute. Mediation is a crucial step aimed at resolving disputes without taking the matter to court.
- Issuing a Decision: If mediation is unsuccessful, the department will issue a decision to resolve the dispute. This decision may require one party to fulfill certain obligations or compensate the injured party.
The labor dispute resolution process at DOLISA creates a transparent and efficient mechanism to protect the rights of both employees and employers while contributing to the stability of labor relations.
Contact a Labor Lawyer at Hotline +84.969.088.118 (Zalo).
Labor Dispute Litigation Procedure in Vietnam
The labor dispute litigation procedure in Vietnam is a legal process that employees or employers can undertake when disputes cannot be resolved through negotiation, mediation, or other measures. Below are the basic steps in the labor dispute litigation process:
- Prepare the lawsuit dossier: The plaintiff must draft a lawsuit petition according to the prescribed form, clearly stating the nature of the dispute, the demands of the lawsuit, and information related to the parties in the dispute. The lawsuit petition should be accompanied by documents and evidence supporting the plaintiff’s claims, such as the labor contract, failed mediation minutes, documents related to wages, social insurance, and other benefits.
- Submit the lawsuit petition: The plaintiff submits the lawsuit petition and evidence to the People’s Court with jurisdiction, usually the court where the defendant (the person being sued) is located or resides. The court may request the plaintiff to provide additional documents or information if the dossier is incomplete.
- Acceptance of the lawsuit: After receiving the lawsuit petition, the court will review and issue a decision to accept the case if the dossier is complete and valid. Upon acceptance, the court will notify the parties involved and require the plaintiff to pay a provisional court fee (if applicable).
- Court mediation: Before proceeding to trial, the court typically organizes mediation between the parties. Court mediation is a mandatory step, except in special cases such as disputes over dismissal or unilateral termination of a labor contract. If mediation is successful, the parties will sign a mediation agreement, and the court will issue a decision recognizing the mediation result. If mediation fails, the case will proceed to trial.
- First-instance trial: If mediation is unsuccessful, the court will bring the case to a first-instance trial.
The labor dispute litigation process in court is complex and requires strict compliance with legal regulations. Understanding the steps in this process helps the parties prepare better, increasing the chances of achieving a fair and reasonable outcome.
Labor Dispute Lawyer: Hotline +84.969.088.118 (Zalo).
Costs of Resolving Labor Disputes in Vietnam
The costs of resolving labor disputes in Vietnam can vary depending on the method chosen by the parties involved. Below are the main types of costs that parties may incur:
- Court Fees and Charges: This includes the fees paid to the court for processing the case.
- Lawyer Fees: If the parties hire a lawyer for representation or consultation during the dispute resolution process, they will need to pay lawyer fees.
- Mediation Costs: Mediation fees may arise if the parties choose a mediator outside the list provided by state agencies or if the dispute is complex and requires significant time and resources.
- Arbitration Costs: If the parties opt for arbitration to resolve the dispute, they will need to pay arbitration fees. The amount of these fees depends on the value of the dispute and the regulations of the chosen arbitration center.
- Enforcement Costs: After receiving a court or arbitration ruling, if the losing party does not voluntarily comply, the winning party may need to pay enforcement fees to request civil enforcement agencies to carry out the enforcement.
In addition to the above costs, if expert involvement or appraisal organizations are required, the parties will also bear the related expenses.
Labor Lawyer: Hotline +84.969.088.118 (Zalo).
Labor Dispute Resolution Representative Lawyer
LHB Law Firm is proud to be one of the leading law firms in Vietnam, specializing in providing comprehensive legal services in labor dispute resolution. With a team of experienced and dedicated lawyers, we are committed to offering the most professional and effective legal support to our clients. Below are the services our lawyers provide when assisting clients in resolving labor disputes:
- Review and assess the labor dispute situation to identify the rights and obligations of the parties, as well as the likelihood of success in resolving the dispute.
- Provide information on the legal rights of employees or employers according to labor law regulations.
- Our lawyers can represent one of the parties during negotiations to reach an amicable settlement. They will assist in drafting proposals, presenting arguments, and defending the client’s interests.
- In mediation sessions at the Department of Labor, Invalids and Social Affairs or other agencies, our lawyers will participate on behalf of the client and assist in reaching a mediation agreement.
- Participate in arbitration sessions: Representing clients in arbitration, presenting arguments, evidence, and defending the client’s rights before the arbitration council.
- Filing a lawsuit: Lawyers will draft and submit a lawsuit to the court, preparing documents and evidence to support the client’s claims.
- Represent clients in first-instance and appellate trials, presenting arguments, cross-examining witnesses, and providing evidence.
- If the client disagrees with the court’s ruling, the lawyer will assist with filing an appeal and taking the necessary steps to protect the client’s rights.
Labor Dispute Lawyer: Hotline +84.969.088.118 (Zalo).
Lawyer Service Fees for Resolving Labor Disputes in Vietnam
Are you looking to hire a lawyer for consultation or to resolve a dispute in Vietnam but unsure about the costs? Please refer to the lawyer service fee schedule in the table below.
| NO | SERVICES | FEE |
|---|---|---|
| 1 | Receiving information and providing lawyer procedure guidance | Free |
| 2 | Direct or phone consultation with a lawyer. | 50 USD/ hour |
| 3 | Written consultation by a lawyer. | From 100 USD |
| 4 | Drafting of lawsuit petitions or self-defense statements. | From 100/page USD |
| 5 | Representing in negotiation and dispute resolution. | From 1000 USD + % Dispute Value. |
| 6 | Participating in dispute resolution at mediation centers. | Agreement |
| 7 | Litigation and dispute resolution at arbitration centers or people’s courts. | Agreement |
| 8 | Requesting the enforcement of judgments or decisions in Vietnam. | Agreement |
(1 USD = 25.465.000 VND according to the exchange rate of Vietcombank on 02/7/2024)
If you would like to use the services of LHB Law Firm, please contact us through one of the following methods:
- Working directly at our headquarters or branches located at: Hà Noi, Ha Tinh, Da Nang, Ho Chi Minh City
- Hotline:+84.969.088.118 (Zalo)
- Email : luathungbach@gmail.com
- Website: lhblawfirm.vn
