Labor conciliation minutes are documents that record the process and results of resolving labor disputes between employees and employers. When conflicts arise, mediation is an effective resolution method, helping parties find common ground and avoid complicated legal problems. The article below will analyze common labor dispute cases, provide guidance on preparing standard conciliation minutes, present dispute resolution procedures and introduce consulting and support services in this field.

Labor disputes are common today

Labor disputes are a frequent problem in the relationship between employees and employers. These disagreements can arise from many different causes, affecting the interests of the parties. Below are some common labor dispute cases today:

• Dispute over salary claim;
• Disputes over unilateral termination of labor contracts;
• Salary and social insurance disputes;
• Dispute over severance pay;
• Disputes over salary, severance pay, social insurance and unemployment insurance;
• Disputes over compensation and benefits upon termination of labor contracts;
• Disputes over labor discipline;
• Disputes over reimbursement of training costs.

The most accurate form of labor conciliation minutes

Sample labor conciliation minutes can be referenced in Circular No. 22/2007/TT-BLDTBXH. Although this Circular has expired, there has not been a new document to replace it, so this form can still be used as a basis. Refer to the following sample labor conciliation minutes:

​​SAMPLE NO. 7:

(Issued together with Circular No. 22/2007/TT-BLDTBXH, October 23, 2007 of the Ministry of Labor, War Invalids and Social Affairs)

REPORT

MEDIATION OF LABOR DISPUTES

1. Date, month, year, location of the conciliation meeting…………………………….. …………………………
2. Full name of the Chairman, Secretary of the Council or labor conciliator

– Full names of members of the Council present at the mediation:…………………………….. ………………………………………

– Full names, titles, and addresses of the people invited to attend Council meetings………………………………

1. Name, address, title of representatives of both parties to the labor dispute…………………………….. ……………….
2. Content of dispute…………………………………………………………. ………………………………………………………. ……………………..
3. Details, evidence, and documents related to the labor dispute…………………………….. ……….

6a. The conciliation plan of the Council or the conciliator has been agreed upon by both parties, specifically……………………………..

Both parties to the labor dispute are obliged to comply with the agreements stated in this minutes. (applies to cases of successful mediation)

6b. Reasons for failed conciliation of the dispute…………………………………………… ……………………………………

Both parties to a labor dispute have the right to request the competent People’s Court to resolve the dispute (for individual labor disputes) or request the Chairman of the district-level People’s Committee to resolve (for disputes). collective labor dispute about rights)/request the Labor Arbitration Council to resolve (for collective labor disputes about interests). (applies to cases of unsuccessful conciliation)

The conciliation session ended at… o’clock… date…. Year…………………………………………. …

After re-reading the minutes, those present agreed on the contents of the minutes, had no other opinions and signed the minutes together or had different opinions as follows:

……………………………………………………………………………………………………………………………………

Procedures for resolving labor disputes through labor conciliators

The process for resolving labor disputes through a labor conciliator is specified in Article 188 of the Labor Code 2019. Accordingly, individual labor disputes must be resolved through conciliation procedures by a conciliator. before requesting the Labor Arbitration Council or Court to resolve, except for labor disputes under Clause 1, Article 188 of the Labor Code 2019, which are not required to go through conciliation procedures.

Organize mediation:

• Within 05 working days from the date the labor conciliator receives a request from the party requesting dispute resolution or from the regulatory agency, the labor conciliator must finish the conciliation.
• At the conciliation meeting, both disputing parties must be present.
• The disputing parties may authorize another person to participate in the conciliation session.

Responsibilities of the Mediator: Labor conciliators are responsible for guiding and supporting the parties in negotiating to resolve disputes.

• In case the parties reach an agreement, the labor conciliator prepares a record of successful conciliation. The minutes of successful conciliation must be signed by the disputing parties and the labor conciliator.
• In case the parties cannot agree, the labor conciliator will propose a settlement plan for the parties to consider.
• In case the parties accept the conciliation plan, the labor conciliator shall prepare a record of successful conciliation. The minutes of successful conciliation must be signed by the disputing parties and the labor conciliator.
• In case the conciliation plan is not accepted or if the disputing party has been duly summoned for the second time but is still absent without a legitimate reason, the labor conciliator will prepare a record of unsuccessful conciliation. The record of unsuccessful conciliation must be signed by the disputing party present and the labor conciliator.

Minutes of conciliation: A copy of the record of successful or unsuccessful conciliation must be sent to the disputing parties within 01 working day from the date of making the record.

Consulting services to resolve labor disputes through conciliation

To ensure your rights, when encountering a labor dispute, you should seek the support of lawyers or law firms with experience in the field of labor to help you clearly understand your rights. , build an effective dispute resolution strategy and protect you before the law.

At Long Phan, we can advise you in the process of resolving labor disputes through mediation. Consulting services at Long Phan include:

• Legal advice on legal regulations related to labor disputes.
• Advise clearly on your rights and obligations to propose the most appropriate and beneficial solution for customers.
• Resolve issues that arise when implementing conciliation procedures.
• Advise on further resolution procedures in case mediation fails.

The above article has answered for customers the sample minutes of conciliation of labor disputes. Resolving labor disputes through conciliation is an effective method, saving time and costs. To achieve the best results, customers should use professional consulting services. Please contact Long Phan via hotline number 0906735386 to get the best advice.