Please let us about main content in Law on amendments of and additions to a number of articles in Chapter XIV of the Labor Code?
On 29 November 2006, the National Assembly of Vietnam passed the Law on amendments of and additions to a number of articles in Chapter XIV of the Labor Code regarding Resolution of labor disputes (“Law”).
According to this Law, apart from current agencies such as the Council on Labor conciliation or Labor conciliator, provincial Council of Labor Arbitration, People Court, the Chairman of district People’s Committees shall be in charge of resolving labor disputes. However, the new agency, not provincial Council of Labor Arbitration, shall be competent to resolve collective labor disputes regarding rights, it means disputes on implementation of labor regulations, of Collective Agreement, Labor Regulation which are registered with the State competent authorities or other lawful and internal regulations or agreements that are considered to be violated by the employers. Especially, under the new regulations, parties can not bring into court the collective labor disputes on laborers’ requirement of new conditions different from that are set forth under the prevailing labor law, registered Collective Labor Agreement and Labor Regulation as well as other internal and lawful agreements.
Also, the document more details time limit for conciliation of labor disputes. Concretely, such limit does not exceed 3 working days, 5 working days, 7 working days since the date of receipt of claims for conciliation at the Council on Labor conciliation or Labor conciliator, the Chairman of district People’s Committees, provincial Council of Labor Arbitration, respectively.
Remaining the prescription applicable to labor disputes concerning individual employee, the new Law set forth the prescription applicable to collective labor disputes to be one year since the date of occurrence of violation. In addition, procedure for strike is more strictly regulated in the new Law, accordingly, employers must be prior noticed on the same and procedure for appealing against judgment of the Court on the lawfulness of a strike is also provided for.
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