What is the statute of limitations for requesting resolution of an individual labor dispute?

Resolving individual labor disputes is a way to effectively resolve conflicts between employees and employers. The statute of limitations for requesting the resolution of individual labor disputes is specifically regulated, creating a basis for the parties to exercise their rights. In the following article, Long Phan will analyze in detail the regulations on resolving individual labor disputes to help you proactively protect your legitimate interests.

Principles when resolving labor disputes

Resolving labor disputes is based on the principle of respecting the parties’ right to self-determination. The settlement must ensure openness, transparency and compliance with the law. Pursuant to Article 180 of the Labor Code 2019, when resolving labor disputes, the following principles must be followed:

• Respect the parties’ right to self-determination through negotiation throughout the process of resolving labor disputes.
• Appreciate the resolution of labor 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 labor disputes after the request of the disputing party or at the request of competent agencies, organizations, and individuals with jurisdiction and consent of the disputing parties.

These principles help ensure the legal rights of employees and employers. At the same time, it creates a healthy working environment, contributing to promoting the sustainable development of businesses and society.

The statute of limitations requires the resolution of individual labor disputes

The statute of limitations for requesting the resolution of individual labor disputes is specifically stipulated in Article 190 of the Labor Code 2019. Accordingly, the statute of limitations is determined as follows:

1. For requests for labor conciliators to conciliate individual labor disputes: 06 months from the date of discovery of the act in which the disputing party believes its legitimate rights and interests are violated.
2. For requests to the Labor Arbitration Council to resolve disputes: 09 months from the date of discovery of the act in which the disputing party believes its legitimate rights and interests are violated.
3. For requests to the Court to resolve disputes: 01 year from the date of discovery of the act in which the disputing party believes its legitimate rights and interests are violated.

In case the requester can prove that due to a force majeure event, objective obstacle or other reason as prescribed by law, the request cannot be made on time, then the time of the force majeure event or objective obstacle Such reasons or reasons do not count towards the statute of limitations for requesting dispute resolution.

Setting a specific statute of limitations helps parties be proactive in protecting their rights. At the same time, it also creates stability in labor relations, avoiding prolonged disputes that affect production and business activities.

In cases of individual labor disputes, conciliation is not required

Clause 1, Article 188 of the Labor Code 2019 stipulates that some cases of individual labor disputes are not required to go through conciliation procedures. These cases include:

• 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;
• About social insurance according to the provisions of the law on social insurance, about health insurance according to the provisions of the law on health insurance, about unemployment insurance according to the provisions of the law on employment, about Insurance for labor accidents and occupational diseases according to the provisions of law on occupational safety and hygiene;
• 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.

Regulating cases where conciliation is not required helps speed up the dispute resolution process. At the same time, it helps some types of disputes that need to be resolved quickly and completely.

Competent agencies to resolve individual labor disputes

Article 187 of the Labor Code 2019 stipulates three agencies, organizations and individuals with authority to resolve individual labor disputes that you need to pay attention to. Specifically, they are:

1. Labor mediator;
2. Labor Arbitration Council;
3. People’s Court.

Consulting on effective individual labor dispute resolution

Long Phan provides in-depth consulting services on resolving individual labor disputes to help you save time and achieve the most optimal solution. Long Phan’s consulting and support services include:

• Consulting on methods to resolve individual labor disputes.
• Instructions on the order and procedures for quickly resolving disputes.
• Consulting on preparing dossiers and documents to resolve disputes.
• Support negotiations and conciliation between employees and employers.
• Legal representation during the dispute resolution process at the Arbitration Council and Court.
• Drafting documents related to labor disputes.
• Consulting on effective dispute resolution strategies and protecting customers’ maximum rights.

When resolving individual labor disputes, it is necessary to pay attention to the statute of limitations so that legal rights and interests are guaranteed. Long Phan believes that with our professional support, you will successfully resolve all disputes, contributing to building a harmonious working environment and sustainable development. Please contact Long Phan via hotline 0906735386 for the best advice and support.