Distinguishing collective labor disputes in terms of rights and interests

Collective labor disputes over rights and interests is a dispute that often occurs in the labor environment. Mastering the difference between these two types of disputes helps businesses and employees build sustainable labor relations, promote a positive working environment, as well as help parties proactively prevent and resolve effectively when disagreements arise. The following article by Long Phan will help you understand in more detail these two types of collective labor disputes.

Regulations on collective labor disputes regarding rights and interests

Table of Contents

What is a labor dispute?

Labor dispute is a dispute about rights, obligations, and interests that arises between parties during the process of establishing, implementing or terminating labor relations; Disputes between employee representative organizations; Disputes arising from relationships directly related to labor relations

The difference between collective labor disputes about rights and interests

According to the provisions of Article 179 of the Labor Code 2019, collective labor disputes over rights and interests have fundamental differences. Specifically:

	Collective labor disputes over rights	Collective labor disputes over interests
Legal basis	Clause 2, Article 179 of the Labor Code 2019	Clause 3, Article 179 of the Labor Code 2019
Content	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, labor regulations, regulations and other legal agreements; ● There are differences in understanding and implementing labor laws; ● When the employer has discriminatory acts 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 labor; interfere with and manipulate employee representative organizations; breach of the duty to bargain in good faith.	Collective labor disputes about interests include: ● Labor disputes arising during the collective bargaining process; ● When one party refuses to negotiate or does not negotiate within the time limit prescribed by law.
The basis for a dispute arising	Arising on the basis of the rights and obligations of the parties in the labor relationship recorded in relevant documents: Labor Code, collective labor agreement, internal labor regulations.	Arising on the basis of a collective of workers who are dissatisfied with their current working conditions and wish to establish new, better working conditions.
Jurisdiction to resolve	● Labor mediator; ● Labor Arbitration Council; ● People’s Court.	● Labor mediator; ● Labor Arbitration Council.
Statute of limitations for requesting resolution	● The statute of limitations for requiring a labor conciliator to conciliate a collective labor dispute about rights is 6 months from the date of discovery of the act in which the disputing party believes its legal rights have been violated. ● The statute of limitations for requesting the Labor Arbitration Council to resolve a collective labor dispute about rights is 09 months from the date of discovery of the act in which the disputing party believes its legal rights are violated. ● The statute of limitations for requesting the Court to resolve a collective labor dispute about rights is 01 year from the date of discovery of the act in which the disputing party believes its legal rights are violated.	There is no statute of limitations for requesting dispute resolution.

The difference between collective labor disputes about rights and interests

Consulting services and support for resolving labor disputes in accordance with regulations at Long Phan

Long Phan is confident in best protecting the legitimate rights and interests of customers, ensuring a quick and effective dispute resolution process.

Long Phan’s consulting and support services include:

Consulting on methods to resolve labor disputes
Consulting on choosing the most optimal method of resolving labor disputes
Consulting and guidance on preparing documents and evidence
Support negotiations and negotiations between employees and employers
Advise customers on the benefits they enjoy when resolving disputes
Representing customers to participate in the process of resolving labor disputes through conciliation, arbitration or court
Consulting on other related issues after dispute resolution.

Resolving labor disputes effectively is the key to maintaining a harmonious working environment and promoting the sustainable development of businesses. Please contact Long Phan via the hotline 0906735386 to receive detailed advice and anticipate creative solutions. With Long Phan, customers will build a solid foundation for long-term success in human resource management and business development.

Dương Thị Kim Ngân

Jurist Ngan Duong Thi Kim - Partner of Long Phan, Ms. Ngan possesses profound knowledge in business consulting, labor, and contracts. With dedication and creativity, Ms. Ngân has achieved significant success in advising and supporting businesses in critical areas such as legal matters, finance, management, and contracts. She is committed to providing optimal solutions and helping clients succeed in the business environment.