SOME NOTICE ABOUT INDIVIDUAL LABOR DISPUTES

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"AN NGUYÊN - AN TÂM GỬI TRỌN NIỀM TIN"

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"AN NGUYÊN - AN TÂM GỬI TRỌN NIỀM TIN"

SOME NOTICE ABOUT INDIVIDUAL LABOR DISPUTES

The individual labor disputes are the common type of dispute that arises in labor relations, derive from the conflict between the rights and obligations of the employee and the employer. Accordingly, some issues related to the settlement of individual labor disputes should be given special attention in order to protect the legitimate rights and interests of the parties.

Individual labor disputes do not need to go through the settlement conference:

In principle, labor disputes are usually required to get through the settlement conference conducted by conciliators before going through a trial.

These following disputes may directly go through a trail without the settlement conference:

  • Disputes over disciplinary measures of dismissal or unilateral termination of labor contract;
  • Disputes over compensation for damage and allowance upon termination of labor contract;
  • Disputes between domestic workers and his/her employers;
  • Disputes over social insurance;
  • Disputes over compensation between employees and enterprises or non-business units sending employees oversea under the labor contract.

Statute of limitations for requesting settlement of labor disputes

The statute of limitations for requesting a labor conciliator to settle an individual labor dispute is 6 months, counting from the date of discovering an act which is claimed by each disputing party to infringe upon its rights and legitimate interests.

The statute of limitations to petition for settlement of dispute is 1 year counting from the date of discovering an act which is claimed by each disputing party to infringe its rights and legitimate interests.

In conclusion, all individual labor disputes have to go through the settlement conference conducted by conciliators. Therefore, before requiring to settle the dispute, the parties have to consider which type such dispute is, and then be able to require the exact competent authorities to settle the dispute in the statute of limitations.

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