Statute of limitations for filing a labor dispute lawsuit: Regulations you need to know

The statute of limitations for filing a labor dispute lawsuit regulates the period of time within which the parties participating in the labor relationship have the right to request a resolution from the competent authority. To protect legitimate rights and interests, workers and businesses need to clearly understand regulations on resolving labor disputes. This article will provide specific information about the statute of limitations for filing a labor dispute and other related issues.

Types of labor disputes

According to Article 179 of the Labor Code 2019, a labor dispute is a dispute about the rights, obligations, and benefits that arise between the parties during the process of establishing, implementing, or terminating the labor relationship; disputes between employee representative organizations; disputes arising from relationships directly related to labor relations. Types of labor disputes include:

• Personal labor disputes: Between the employee and the employer, between the employee and the business sending the employee to work abroad, or between the sub hired employee and the sub hiring employer.
• Collective labor dispute: About the rights or interests between the representative organization of employees and the employer.

Classification of labor disputes is necessary to determine the correct agency with jurisdiction to resolve and the appropriate statute of limitations for filing a lawsuit.

>>> See more: Labor Dispute Mediation: Advantages & Procedures.

Statute of limitations for filing a labor dispute lawsuit

According to the provisions of Article 190 and Article 194 of the Labor Code 2019, the statute of limitations for filing a labor dispute lawsuit is determined as follows:

Individual labor disputes: the statute of limitations is 01 years 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 force majeure events, objective obstacles or other reasons as prescribed by law, the request cannot be made on time, then the period of force majeure events, objective obstacles or reasons is not counted in the statute of limitations for requesting resolution of individual labor disputes.

Collective labor disputes about rights: the statute of limitations is 01 years from the date of discovery of the act in which the disputing party believes its legal rights are violated.

Conditions for initiating a lawsuit to resolve labor disputes

When initiating a labor dispute lawsuit, the following conditions must be met:

Subject of lawsuit:

According to Article 69 of the Code of Civil Procedure 2015, the plaintiff must have legal capacity and capacity to act in civil proceedings. Accordingly,

• The plaintiff is a person eighteen years of age or older with full capacity to act in civil proceedings, except for those who have lost the capacity for civil acts or otherwise provided by law.
• People from 15 to under 18 years old have the right to personally participate in proceedings related to labor relations.

Mediation conditions:

According to Article 188 of the Labor Code 2019, mediation must be done before filing a lawsuit in court, except in the following cases:

• 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 the 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.

Statute of limitations for requesting the Court: The plaintiff must sue within the statute of limitations prescribed by law. The statute of limitations for filing a labor dispute lawsuit we have informed above.

Notes when filing a labor dispute in court

When initiating a lawsuit to resolve a labor dispute in court, customers should note:

1. Identifying the correct type of dispute: Determining the exact type of labor dispute (individual or collective) is meaningful in properly applying the law on statute of limitations, resolution authority, and procedural order.
2. Collect and prepare sufficient evidence: To best protect their legitimate rights and interests, disputing parties need to prepare sufficient evidence to prove that their lawsuit claim is well-founded and legal. These can include:

• Labor contract, collective labor agreement.
• Decision on labor disciplinary action, unilateral termination of labor contract.
• Documents showing payment of salaries, bonuses, social insurance, and health insurance.
• Other documents related to the dispute.

3. Choosing the right jurisdiction to resolve: The Court’s jurisdiction to resolve labor disputes is determined according to the provisions of the Code of Civil Procedure. It is necessary to determine the correct Court with jurisdiction to file the lawsuit, to avoid the case of the petition being returned or the resolution time being extended.

• Comply with the correct order and proceedings: Following the correct steps in the order and proceedings will help the dispute resolution process go smoothly, quickly and effectively.
• Claiming reasonable damages: In addition to claiming legitimate rights and interests, disputing parties can request the Court to force the violating party to compensate for damages if the violation causes actual damage.

Consulting services to effectively resolve labor disputes

Long Phan Consulting Company provides professional and effective labor dispute resolution and consulting services. Our Services include:

• Research documents, evaluate the case and come up with an optimal solution;
• Comprehensive consulting on issues related to labor disputes;
• Consulting on effective dispute resolution methods;
• Consulting on the statute of limitations for initiating labor disputes;
• Consulting and guidance on collecting necessary documents and evidence;
• Consulting and supporting the drafting of dispute resolution documents;
• Representing customers to negotiate and mediate with disputing parties;
• Instructions on procedures for resolving disputes at the Arbitration Council or Court;
• Consulting on other issues that arise during the dispute resolution process.

>>> See more: Labor Dispute Resolution Consulting.

Frequently Asked Questions about statute of limitations for filing a labor dispute

Frequently asked questions related to the statute of limitations for filing a labor dispute lawsuit include:

In what cases can the statute of limitations for filing a labor dispute lawsuit be extended?

According to regulations, the statute of limitations for filing a labor dispute lawsuit can be extended if the claimant proves that he or she cannot exercise the right to sue on time due to force majeure events, objective obstacles or other legitimate reasons as prescribed by law.

What types of documents are needed to prove violations in labor disputes?

Necessary documents include labor contracts, collective labor agreements, disciplinary decisions, salary documents, social insurance, and other documents related to the content of the dispute.

Can employees sue for labor disputes themselves?

Employees have the right to sue themselves. However, having the support of a lawyer or someone with legal experience will help protect your rights better.

In case the employee is a foreigner, is there any difference in the lawsuit procedure?

The procedure for filing a lawsuit is similar, but additional consular legalization and translation documents may be required.

What compensation do employees have the right to claim when their labor contract is unilaterally terminated illegally?

Employees have the right to request compensation for days not worked, wages corresponding to the notice period, and other compensation as prescribed by law.

Conclude

Understanding the statute of limitations for filing a labor dispute lawsuit and related legal regulations is very important to protect your rights. If you have any questions or need advice, please contact Long Phan Consulting Company immediately via the hotline: 0906735386 for timely support.