Jurisdiction of the labor arbitration council

Labor arbitration council is one of the agencies with authority to resolve labor disputes. The authority of the labor arbitration council includes the resolution of individual labor disputes, collective labor disputes about rights and interests and other issues related to labor relations. The article below Long Phan will provide information about the authority of the Labor Arbitration Council.

The role of the labor arbitration council in dispute resolution

The Labor Arbitration Council plays an important role in resolving labor disputes. According to the Labor Code 2019, this agency has the authority to resolve individual and collective labor disputes. This expansion of jurisdiction creates additional options for parties beyond mediation and court.

For individual labor disputes, the arbitration council is the solution when conciliation fails or the parties do not want to conciliate. The settlement process at the arbitration council is faster than in court. This helps save time and costs for all parties.

In collective labor disputes, the arbitration council resolves disputes over rights and interests, creating a flexible mechanism to protect the rights of employees and employers.

Authority of the labor arbitration council in resolving disputes

The Labor Arbitration Council has the authority to resolve three types of labor disputes:

• The first is that individual labor disputes do not require conciliation or conciliation fails.
• The second is collective labor disputes over rights
• The third is a collective labor dispute over interests related to the rights, obligations and interests of the parties.

Accordingly, when there is a request to resolve the above labor disputes, the Labor Council will establish a Labor Arbitration Board to resolve the dispute. Specifically, the establishment of the Labor Arbitration Board is carried out as follows:

• Representatives of each disputing party select 01 arbitrator from the list of labor arbitrators;
• The labor arbitrator chosen by the parties agrees to select another labor arbitrator to be the Head of the Labor Arbitration Board;
• In case the disputing parties jointly select an arbitrator to resolve the labor dispute, the Labor Arbitration Board will only include 01 selected labor arbitrators.

The arbitration panel will work according to the collective principle and decide by majority, except in cases where the disputing parties jointly select an arbitrator to resolve the labor dispute.

Based on the content of Clause 4, Clause 5, Article 185, Article 189, Article 193, Article 197 of the Labor Code 2019.

Structure of the labor arbitration council

The Labor Arbitration Council has a tripartite structure, ensuring objectivity. Members include representatives of state labor management agencies, provincial-level Trade Unions and employers. The number of members is decided by the Chairman of the Provincial People’s Committee, minimum 15 people.

When resolving disputes, the council establishes an Arbitration Panel. This committee consists of 3 members: 1 chosen by the employee side, 1 chosen by the employer side, and 1 Head of the committee chosen by mutual agreement. In case the parties jointly select 1 arbitrator, the Arbitration Panel has only 1 person.

The term of the labor arbitration council is 5 years. Council members must meet qualifications and experience standards in the labor field. They operate on a part-time basis and receive remuneration according to regulations.

Based on the content of Article 185 of the Labor Code 2019.

Procedures for resolving labor disputes through the Labor Arbitration Council

Personal labor disputes

Procedures for resolving individual labor disputes through the Arbitration Council begin when there is a request for the Labor Arbitration Council to resolve the dispute.

Within 7 working days of receiving the request, the Council establishes an Arbitration Panel. The arbitration panel has 30 days to consider, issue a decision to resolve the dispute and send it to the disputing parties.

The review process includes studying records, collecting evidence and holding a dispute resolution meeting. At the meeting, the parties present their opinions, the Arbitration Board mediates and proposes a solution. If the parties agree, the Arbitration Board prepares a record of successful conciliation.

In case an agreement cannot be reached, the Arbitration Board shall issue a decision to resolve the dispute. This decision is binding if the parties do not appeal to the Court. Resolution through the Arbitration Council helps shorten the time compared to court procedures.

At the end of 07 working days from the date of receipt of the request for dispute resolution, the Labor Arbitration Board is not established or at the end of 30 days from the date of establishment, but the Labor Arbitration Board is not established. When deciding to resolve the dispute, the parties have the right to request the Court to resolve it.

In case one of the parties does not implement the dispute resolution decision of the Labor Arbitration Board, the parties have the right to request the Court to resolve the dispute.

Content specified in Article 189 of the Labor Code 2019.

Collective labor disputes over rights

For collective labor disputes about rights, the procedures at the Arbitration Council are similar to individual disputes. The difference is that the Arbitration Board focuses on reviewing the parties’ compliance with labor laws. If a violation is detected, the Arbitration Board shall make a record and forward the file to the competent authority for handling.

During the resolution process, the parties cannot simultaneously request the Court to resolve the matter. The processing time is still 30 days from the date of receipt of the application. The arbitration panel can organize dialogue between the parties to clarify the content of the dispute and find an appropriate solution.

At the end of 07 working days from the date of receipt of the request for dispute resolution, the Labor Arbitration Board is not established or at the end of 30 days from the date of establishment, but the Labor Arbitration Board is not established. When deciding to resolve the dispute, the parties have the right to request the Court to resolve it.

The Arbitration Board’s dispute resolution decision is binding and enforceable. If one party does not agree, they have the right to sue in court. This procedure helps quickly resolve rights disputes, ensuring the rights of the employee collective.

Content specified in Article 193 of the Labor Code 2019.

Collective labor disputes over interests

The procedure for resolving collective labor disputes about interests at the Arbitration Council has some specific characteristics. The arbitration panel acts as a mediator, finding a satisfactory solution for the parties. The settlement period is still 30 days.

During the resolution process, the employee representative organization is not allowed to conduct a strike. The arbitration panel organizes dialogues, listens to the opinions of the parties and proposes solutions. If the parties agree, the Arbitration Board prepares a record of successful conciliation.

In case an agreement cannot be reached, the Arbitration Board shall issue a decision to resolve the dispute. This decision is not binding. If one party does not agree, the employee representative organization has the right to conduct strike procedures in accordance with the law.

Content specified in Article 197 of the Labor Code 2019.

Consulting services on labor dispute resolution

Long Phan provides consulting services to resolve labor disputes to assist parties in understanding their rights and legal procedures. Consulting services provide information about the dispute resolution process through the Labor Arbitration Council, helping customers prepare documents, legal arguments and negotiation strategies.

Consulting services include:

• Evaluate legal factors, collect evidence and information related to the dispute
• Assist clients in developing effective dispute resolution strategies, including negotiation, mediation and other legal options.
• Representing customers in negotiations and mediation sessions with relevant parties
• Drafting documents, applications, notices, conciliation minutes and other related documents
• Support businesses in developing and adjusting labor regulations, labor contracts, and internal dispute resolution processes.

When choosing a consulting service, you need to consider the reputation, experience and expertise of the provider. Service costs depend on the complexity of the case and scope of work. Using professional consulting services helps increase the opportunity to effectively resolve disputes and protect the legal rights of the parties.

The Labor Arbitration Council plays an important role in resolving labor disputes. If your business has difficulty resolving a labor dispute, please contact Long Phan via hotline: 090.673.5386 with reputable consulting services for support. Be proactive in resolving labor disputes through the Labor Arbitration Council to maintain a positive and effective working environment.