1. About the concept of labor disputes
According to the provisions of Article 179 of the Labor Code 2019, “Labor dispute is a dispute over rights, obligations and interests arising between parties in the process of establishing, performing or terminating the labor relationship; disputes between organizations representing workers; disputes arising from relations directly related to the labor relations”. In addition to introducing the concept of labor disputes, the Labor Code 2019 also specifically stipulates what disputes are considered labor disputes. Accordingly, types of labor disputes include: individual labor disputes between employees and employers; between workers and enterprises or organizations sending workers to work abroad under contracts; between the outsourced employee and the outsourced employer;collective labor disputes over rights or interests between one or more organizations representing workers and the employer or one or more organizations of the employer. In which, a 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 the employer arising in the following cases: : a) There are differences in understanding and implementation of provisions of the collective labor agreement, labor regulations, regulations and other legal agreements; b) There is a difference in understanding and implementation of the provisions of the law on labor; c) When the employer acts of discrimination against the employee or member of the management board of the representative organization of the employee for the reason of establishment, joining,operating in a representative organization of workers; intervene and manipulate representative organizations of employees; breach of the obligation to negotiate in good faith. And collective labor disputes about interests include: a) Labor disputes arising in the process of collective bargaining; b) When one party refuses to negotiate or fails to conduct the negotiation within the time limit prescribed by law.
It can be seen that the concept of labor disputes in the 2019 Labor Code is significantly different from the previous regulations. Accordingly, the concept of labor disputes in the Labor Code 2019 has provided a more specific explanation of labor disputes about the types of disputes that are considered labor disputes. The clear regulation of types of labor disputes helps employees to easily identify the dispute relationship, thereby protecting their legitimate rights and interests when a dispute occurs. out.
In addition, the Labor Code 2019 has also noted that the new labor relationship is the relationship between employees and enterprises and organizations sending workers to work abroad under contracts as well as between sub-contracted workers and employees. employ subcontracted labor. This regulation has created a legal basis to adjust the above relations, meeting the requirements of reality as well as contributing to improving the responsibility of enterprises and organizations sending workers to work abroad and foreign workers. employ subcontracted labor.
In addition, it can be seen that the Labor Code 2019 specifically stipulates cases where labor disputes arise over rights as well as expands these cases compared to before. This has contributed to better protecting the legitimate rights and interests of employees. For the case of a labor dispute over interests, in order to enhance the responsibility of the employer as well as protect the rights and interests of the labor collective, the Labor Code 2019 stipulates that the dispute arises even in the case of a labor dispute. one party refuses to negotiate or fails to conduct the negotiation within the prescribed time limit.
2. Regarding labor dispute settlement procedures
The Labor Code 2019 also stipulates that there are two types of labor disputes, including individual labor disputes and collective labor disputes. Depending on the different types of disputes, the provisions on dispute settlement procedures are regulated differently. Regarding labor dispute settlement procedures, the Labor Code 2019 also has some new points compared to the previous regulations. Specifically:
· For individual labor disputes, the Labor Code 2019 has added a number of optional individual labor disputes through the mediation procedure of the Labor Mediator. Accordingly, Clause 1, Article 188 of the Labor Code 2019 stipulates that individual labor disputes must be resolved through the mediation procedures of the labor conciliator before requesting the Labor Arbitration Council or the Court to settle. except for the following labor disputes that are not required to go through conciliation procedures: Regarding the handling of labor discipline in the form of dismissal or the case of unilateral termination of the labor contract; Regarding compensation for damage, allowances upon termination of labor contracts; Between the domestic worker and the employer; Regarding social insurance in accordance with the law on social insurance, on health insurance in accordance with the law on health insurance,on unemployment insurance according to the provisions of the law on employment, on the insurance of occupational accidents and diseases according to the provisions of the law on occupational safety and hygiene; Regarding compensation for damage between workers and enterprises or organizations sending workers to work abroad under contracts; Between the outsourced employee and the sub-employee. It can be seen that, compared with the previous regulations, in addition to the dispute about "social insurance in accordance with the law on social insurance, on health insurance in accordance with the law on health insurance", The Labor Code 2019 has added "employment insurance in accordance with the law on employment, insurance for occupational accidents and diseases in accordance with the law on occupational safety and hygiene". Besides,The Labor Code 2019 also adds a new labor dispute that does not go through conciliation procedures, which is a dispute between a sub-contracted employee and a sub-employee;
· For collective labor disputes, the Labor Code 2019 has replaced the authority to settle collective labor disputes on the rights of the chairperson of the district-level People's Committee into the competence of the Labor Arbitration Council. Besides, similar to the provisions of the previous Labor Code, the Labor Code 2019 stipulates that collective labor disputes must be resolved through the conciliation procedure of the labor mediator. However, in a labor dispute over rights, when one of the parties fails to implement the agreements in the minutes of successful conciliation, or the labor conciliator fails to conduct conciliation, or in case of unsuccessful conciliation, the The disputing party has the right to choose the Labor Arbitration Council or the Court to settle.
In short, the occurrence of disputes in labor relations is not desirable but also unavoidable. The problem is when a dispute arises, how will that dispute be resolved so that the legitimate rights and interests of the parties can be ensured. Therefore, the amendment and supplementation of regulations related to labor disputes and settlement of labor disputes in the Labor Code 2019 not only meet the development requirements of social relations in general and labor relations in general. own, but also contribute to better protect the legitimate rights and interests of the parties in the labor relationship, especially for the employee - the party is always considered to be weaker than the employer. motion.
