Procedures for filing a lawsuit at the labor court, latest 2024

The Labor Court plays an important role in resolving disputes between workers and businesses. Process is the resolution of common issues such as compensation, termination, and layoff. Understanding the steps in the process will help both parties perform accurately and effectively. The article below will provide detailed information about the steps to sue and related issues.

Some common labor disputes

In the work environment, labor disputes are a frequent phenomenon and can significantly affect work performance and employee morale. Pursuant to Article 179 of the Labor Code 2019, specific labor disputes are regulated as follows:

• 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.

Collective labor dispute over rights is a dispute between one or more representative organizations of employees and the employer or one or more organizations of employers arising in the following cases:

• There are differences in understanding and implementing provisions of collective labor agreements, internal labor regulations, regulations and other legal agreements;
• There are differences in understanding and implementing labor law provisions;
• When the employer has discriminatory behavior against employees or members of the leadership board of the employee representative organization for reasons of establishing, joining, or operating in the employee representative organization dynamic; interfering with and manipulating employee representative organizations; breach of the duty to bargain in good faith.

Collective labor disputes about interests include:

• Labor disputes arising during collective bargaining;
• When one party refuses to negotiate or does not negotiate within the time limit prescribed by law.

Competence to resolve disputes of the labor court

Article 32 of the Civil Procedure Code 2015 on cases falling under the jurisdiction of the People’s Court is as follows:

Resolve individual labor disputes

1. Individual labor disputes between employees and employers must go through the mediation procedure of a labor conciliator:

• Mediation is successful but the parties do not implement it or do it incorrectly;
• Mediation failed
• After the mediation period expires, the labor conciliator does not conduct mediation.

1. Labor disputes are not required to go through mediation procedures:

• Regarding labor discipline in the form of dismissal or cases of unilateral termination of labor contracts;
• Regarding compensation and benefits when terminating the labor contract;
• Between domestic workers and employers;
• Regarding social insurance, health insurance, unemployment insurance, insurance for labor accidents and occupational diseases;
• Regarding compensation for damages between workers and businesses and organizations sending workers to work abroad under contracts;
• Between the sub-hired employee and the sub-hiring employer.

1. Individual labor disputes that both parties agree to choose the Labor Arbitration Council to resolve:

• After the expiration of the period prescribed by the labor law, the Labor Arbitration Board is not established.
• The Labor Arbitration Board does not issue decisions to resolve disputes either
• One of the parties does not implement the decision of the Labor Arbitration Board

Collective labor disputes over rights

1. A dispute has gone through the mediation procedure of a labor conciliator when:

• Mediation failed;
• After the mediation time limit prescribed by labor law expires, the labor conciliator does not conduct mediation;
• One of the parties does not execute the minutes of successful mediation.

1. Collective labor disputes about rights that both parties agree to choose the Labor Arbitration Council to resolve when:

• After the expiration of the time limit prescribed by labor law, the Labor Arbitration Board is not established;
• The Labor Arbitration Board does not issue decisions to resolve disputes;
• One of the parties who does not implement the decision of the Labor Arbitration Board has the right to request the Court to resolve the matter.

Labor-related disputes include:

1. Disputes over vocational training and apprenticeship;
2. Disputes over labor subleasing;
3. Disputes over union rights and union funds;
4. Disputes over labor safety and labor hygiene.

Dispute over compensation for damages caused by illegal strikes.

Other labor disputes, except for cases falling under the jurisdiction of other agencies or organizations as prescribed by law.

In addition, according to the provisions of Clause 1, Article 195 of the Labor Code 2019, the People’s Court does not have the authority to resolve collective labor disputes over interests.

Procedure for filing a lawsuit at the labor court

Prepare lawsuit documents

Preparing lawsuit documents is an important step to protect your rights in a labor case. Complete and accurate records not only help the court quickly hear the case, but also ensure that the litigant has the best chance of achieving the desired result. The lawsuit file includes:

• Petition (Latest form to initiate a labor dispute lawsuit)
• Copy of ID card (Passport);
• Household registration (with original copy).
• Documents related to labor relations such as: Labor contract, vocational training contract, disciplinary decision on dismissal or decision to terminate labor contract, minutes of meeting to consider employee discipline, ….
• The employer who files a lawsuit must submit additional documents on the legal status of the enterprise such as investment license, business registration, and decision to establish the enterprise; Charter, labor regulations, meeting minutes to consider employee discipline,…
• Documents and evidence related to the dispute (if any).

File a lawsuit

The person requesting a lawsuit shall submit the lawsuit file as stated in section 1 to the Court with jurisdiction to resolve the case by the following methods:

• Submit directly to the Court;
• Sent to the Court by postal service;
• Submit online electronically via the Court’s Electronic Information Portal (if any).

Accept and process petitions at the labor court

After receiving the petition and accompanying documents and evidence, if it is deemed that the case falls under the jurisdiction of the Labor Court, the Judge must immediately notify the plaintiff so that they can go to the Court to complete the procedures. pay court fee advances in case they have to pay court fee advances.

The judge estimates the amount of court fee advance, records it in a notice and gives it to the plaintiff so they can pay the court fee advance. Within 07 days from the date of receiving the Court’s notice of payment of court fee advance, the plaintiff must pay the court fee advance and submit to the Court a receipt for the court fee advance.

(According to Article 195, Article 196 of the Civil Procedure Code)

Note when resolving labor disputes in court

Employees need to pay attention to the statute of limitations for filing a lawsuit when resolving disputes at the labor court:

• During the dispute resolution process, the parties have the right to agree with each other on dispute resolution. Courts encourage parties to reach agreement through mediation to reduce the time and cost of litigation. The parties can ask the court to recognize the agreement if an agreement is reached out of court.
• Employees have the right to authorize others to participate in proceedings on their behalf. The authorization must be made in writing and notarized or authenticated according to regulations. The authorized person has the right to carry out procedural acts within the scope of authorization.

Dispute resolution consulting services at the Labor Court

Dispute resolution consulting services at the Labor Court play an important role in ensuring the rights of relevant parties in labor cases. At Long Phan, a team of experts is ready to support customers in the process of resolving labor disputes at every stage. Specifically:

• Evaluate the dispute situation and identify relevant legal issues.
• Guide customers to draft lawsuit petitions, including necessary information and supporting evidence.
• Collect and prepare documents and evidence related to the dispute.
• Submit the petition and necessary documents to the competent labor court.
• Monitor application processing progress and update information for customers.
• Representing customers in the dispute resolution process
• Instruct clients on the steps to take to implement the court’s decision

When facing a labor dispute, understanding the lawsuit process at the labor court helps customers and businesses effectively protect their rights. From document preparation, application submission, to processing and adjudication, each step requires attention and precision. To ensure your rights and handle disputes legally, customers can contact Long Phan’s dispute resolution consulting service via Hotline 090.673.5386.