COMPETENCE TO RESOLVE LABOR DISPUTES

A labor dispute is a dispute over rights, obligations and interests arising between labor parties. Labor disputes include individual disputes and collective disputes. Depending on the type of dispute, there are different settlement agencies. This article will provide readers with complete information about labor dispute settlement agencies.Firstly, it is necessary to classify labor disputes:
– Labor disputes include:
– Individual labor disputes: arising out of any rights or obligations of employees or employers: wages, workplaces, vocational – training contracts, social insurance, …
– Collective labor disputes: including collective labor disputes between labor collectives and employers about rights and interests
– Collective dispute on rights is a dispute between the labor collective and the employer arising from the interpretation and implementation of different provisions of the labor law, collective labor agreement, and internal labor regulations. activities, statutes, and other legal agreements.
– Collective labor disputes on interests are labor disputes arising from the labor collective’s requirement to establish new working conditions compared to the provisions of labor law, collective labor agreements, labor regulations or other lawful regulations and agreements in the negotiation process between the labor collective and the employer.
Secondly, regarding the competence to settle labor disputes:
For individual labor disputes:
– Agencies competent to settle are Labor Conciliators and People’s Courts.
Individual labor disputes must go through the labor mediator’s conciliation procedure before requesting a court to settle them, except for the following labor disputes that are not required to go through mediation:
– Regarding labor discipline in the form of dismissal or dispute over the unilateral termination of a labor contract;
– Regarding compensation for damages and allowances upon termination of a labor contract;
– Between domestic servants and employers;
– Regarding social insurance in accordance with the law on social insurance and health insurance in accordance with the law on health insurance.
– Regarding compensation for damages between employees and enterprises, non-business units send laborers to work abroad under contracts.
For collective labor disputes
– Agencies competent to settle collective labor disputes on rights include:
– Labor conciliator;
– Chairman of district People’s Committee;
– People’s court.
– Agencies competent to settle collective labor disputes on rights include:
+ Labor mediator
+ Labor arbitration council
Above are some issues related to “the authority to resolve labor disputes”, if you need advice, contact us at the hotline: 0984624444 or email “hotro@tinnhanhphapluat.com” to get Support quickly and most accurately.