1. What is a labor dispute?
A labor dispute means a dispute over rights, obligations and interests among the parties during the establishment, execution or termination of labor relation; a dispute between the representative organizations of employees; a dispute over a relationship that is directly relevant to the labor relation.
2. Competence to settle
- Labor Mediators
- Labor Arbitration Council
- District People’s Court
- Provincial People’s Courts to settle labor disputes involving foreign elements.
3. Statute of limitations for lawsuits
The time limit to bring an individual labor dispute to the Court is 01 year from the day on which a party discovers the act of infringement of their lawful rights and interests.
4. Order and procedures for implementation
Step 1: Submit application for divorce at the competent People’s Court;
Step 2: Within 7-15 days, the Court will check the application, if the application is complete and valid, the Court will send a notice of advance payment.
Step 3: Within 07 days from the date of receiving the Court’s notice of payment of the court cost advance, the plaintiff must pay the court cost advance and submit to the Court a receipt for the collection of the court fee advance.
Step 4: The judge accepts the case
Step 5: The court conducts conciliation so that the involved parties can reach agreement on the settlement of the case. If conciliation fails, the case will be brought to first instance trial.
5. Dossier composition
- Lawsuit petition
- Copy of ID card/Passport;
- Copy of Household book;
- Documents related to labor relations such as: Labor contract, decisions to terminate labor contract, …
- If the employer initiates a lawsuit, it must submit additional documents on the legal status of the enterprise such as investment registration certificate, enterprise registration certificate, charter, labor regulations, etc.
- Other documents and evidences evidencing the lawsuit claim (if applicable)
- A list of documents to be submitted together with the lawsuit petition.
6. Settlement time
- Preparation for trial: up to 04 months. In case the case is a complicated nature or there are objective obstacles, the extension may be extended for no more than 2 months.
- Opening the court session: 01 month from the date of issuing the decision to bring the case to trial. If there is legitimate reasons, this time limit is 02 months.
In fact, the time to resolve divorce cases may be shorter or longer than the time prescribed by law depending on the nature of each case.
7. Court fee
Pursuant to the list of court fees and charges, promulgated together with Resolution 326/2016/UBNDVQH14, stipulating the level of advance payment of court fees for labor cases as follows:
|Labor case has no value||300.000 VND|
|Labor case has value|
|From 6.000.000 VND or less||300.000 VND|
|From over 6.000.000 VND to under 400.000.000 VND||5% disputed property value|
|From over 400.000.000 VND to 800.000.000 VND||20.000.000 VND + 4% of the part of the disputed property value exceeding 400.000.000 VND|
|From over 800.000.000 VND to 2.000.000.000 VND||36.000.000 VND + 3% of the part of the disputed property value exceeding 800.000.000 VND|
|From over 2.000.000.000 VND to 4.000.000.000 VND||72.000.000 VND + 2% of the part of the disputed property value exceeding 2.000.000.000 VND|
- A labor case that has no value is a case in which the claim of the parties is not an amount or the value cannot be determined in a specific amount.
- A labor case has value is a case in which the claim of the involved parties is an amount of money or property that can be determined in a specific amount.
Labor disputes are always an exhausting and costly process. The most important thing when participating in a labor dispute is to have a reputable, experienced, and enthusiastic lawyer to support. HT’s team of lawyers is always ready to support customers with the highest sense of responsibility!
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