Consulting on effective labor dispute resolution methods

Consulting on effective labor dispute resolution methods is an urgent issue. Especially when conflicts and disputes in the work environment become increasingly complex and diverse. This article will analyze effective methods of resolving labor disputes. From there, practical suggestions are provided to support businesses and employees in solving arising problems in a fair and reasonable manner.

Methods of resolving labor disputes

What is a labor dispute?

Pursuant to Clause 1, Article 179 of the Labor Code 2019, labor disputes are disputes about:

• Rights, obligations, and interests arising between the parties during the process of establishing, implementing or terminating labor relations;
• Disputes between employee representative organizations;
• Disputes arise from relationships directly related to labor relations.

Disputes are divided into the following basic types:

• Personal labor disputes between employees and employers; between workers and businesses and organizations sending workers to work abroad under contracts; between the sub leased employee and the sub hired employer;
• Collective labor dispute over rights or interests between one or more employee representative organizations and the employer or one or more employer organizations.

Methods of resolving labor disputes

Labor dispute resolution methods include measures and mechanisms to resolve conflicts between employees and employers peacefully and effectively. Resolving disputes can be done by the following methods:

Negotiate

This is the first and most important method. Direct negotiations between employees and employers help resolve conflicts at an early stage, avoid negative consequences and protect the rights of both parties.

Labor mediator

When negotiations are unsuccessful, the parties can turn to a mediator or a mediation organization to resolve the dispute. The mediator will help the parties clearly understand the problem, find the cause and propose solutions.

• In individual labor disputes: Individual disputes must be resolved through conciliation procedures by a labor conciliator before requesting resolution by the Labor Arbitration Council or Court, except in some cases where conciliation procedures are not required. resolved according to the provisions of Clause 1, Article 188 of the Labor Code 2019. These disputes have a direct impact and serious harm to the rights and interests of workers, and need to be resolved completely or are due to specific characteristics are not required to go through conciliation procedures.
• In collective labor disputes: According to the provisions of Clause 2, Article 191 and Clause 2, Article 195 of the Labor Code 2019, both collective disputes about rights and collective disputes about interests must be resolved through conciliation procedures with the participate of labor conciliator before requesting the Labor Arbitration Council to resolve or initiate strike proceedings.

Resolve disputes through conciliation

Labor arbitration

Labor arbitrators have authority to resolve individual labor disputes, collective disputes about rights and collective disputes about interests.

• For individual labor disputes: In cases where conciliation procedures are not required or in cases where the conciliation time limit expires and the labor conciliator does not conduct conciliation or in case conciliation fails, the disputing parties have the right to choose Arbitration or Court. judgment to resolve disputes.
• For collective labor disputes: In case the conciliation fails or the conciliation time limit prescribed in Clause 2, Article 188 of the Labor Code 2019  expires and the labor conciliator does not conduct conciliation, the disputing parties have the right to choose Arbitration or Court. judgment to resolve disputes.

In case the parties choose to resolve the dispute through the Labor Arbitration Council according to the provisions of this Article, while the Labor Arbitration Council is resolving the dispute, the parties may not simultaneously request that the Court resolved.

CSPL: Article 187, Clause 7, Article 188, Article 191, Article 192, Article 193, Article 195, Article 196, Article 197 of the Labor Code 2019.

Resolve labor disputes by court

Resolving labor disputes by court is a method of resolving disputes through the operation of the court as a judicial agency with state power. According to the provisions of Article 187 and Article 191 of the 2019 Labor Code, the court has the authority to resolve individual labor disputes and collective disputes about rights.

However, for collective disputes about interests, the court does not have jurisdiction to resolve as prescribed in Article 195 of the Labor Code 2019.

Each method of resolving disputes has its own advantages and disadvantages, and the choice of method depends on the specific situation of each dispute as well as the wishes and consensus of the parties involved.

Resolve disputes through court

Principles for resolving labor disputes

Pursuant to Article 180 of the Labor Code 2019, the principles for resolving labor disputes are specifically stipulated as follows:

• Respect the parties’ right to self-determination through negotiation throughout the process of resolving disputes.
• Appreciate the resolution of disputes through conciliation and arbitration on the basis of respecting the rights and interests of both disputing parties, respecting the common interests of society, and not violating the law.
• Openly, transparently, objectively, promptly, quickly and legally.
• Ensure the participation of representatives of the parties in the process of resolving labor disputes.
• The resolution of labor disputes is carried out by agencies, organizations, and individuals with authority to resolve disputes after the request of the disputing party or at the request of competent agencies, organizations, and individuals. jurisdiction and consent of the disputing parties.

Benefits of using labor dispute resolution services

At Long Phan, we provide labor dispute resolution services including content such as consulting, analysis of disputes, and how to choose appropriate dispute resolution methods to protect customers’ rights. Using our dispute resolution service will bring customers many significant benefits such as:

• Save time and costs: These services often help resolve disputes faster than taking the case to court, thereby saving time for both parties. And the cost of resolving disputes through the service is often lower than the cost of litigation in court.
• Highly specialized: Dispute resolution experts often have extensive knowledge and experience in the labor field.
• Ensuring compliance with legal regulations: With a team of experts who understand and comply with legal regulations, customers will avoid unnecessary violations of the law.
• Support and advice on effective resolution: Dispute resolution experts will help build legal strategies suitable to customers’ specific goals and circumstances and provide effective resolution.
• Dispute resolution services often provide information and guidance on labor law, helping both employees and employers better understand their rights and obligations.

In summary, using labor dispute resolution services not only helps to quickly and effectively resolve disputes but also creates a peaceful and cooperative working environment, promoting sustainable development for both businesses and workers.

Labor dispute resolution consulting service at Long Phan

Labor dispute resolution consulting service at Long Phan is a professional legal service, providing support and advice for issues related to  disputes between employees and employers. . Specific services that Long Phan can provide include:

• Consulting on labor issues: Answering questions about the rights and obligations of employees and employers according to current law;
• Dispute resolution: Support in the process of resolving disputes arising from labor contracts, violations of labor rights such as salary, social insurance, working time, rest breaks, and other welfare regimes;
• Participate in mediation: Represent customers in mediation sessions at the authorities or before the labor court;
• Draft and review labor contracts: Ensure the terms of the contract comply with the law and protect the rights of the parties;
• Representative participating in the resolution process: Participate in proceedings in court or competent agencies to protect the legitimate rights and interests of customers;
• Consulting support after dispute resolution to minimize risks that may arise

Labor dispute resolution methods play an important role in maintaining stability and fairness in labor relations. Choosing the right resolution method will help limit conflicts, minimize time and costs, and create conditions for a healthy and sustainable working environment. If you need to use our services, please contact hotline 0906.735.386