CHAPTER XIV
Article 157.
1- A labour dispute is a dispute on the rights and interests related to employment, salaries, incomes and other labour conditions, on the 'implementation of the labour contract, collective accord and questions arising during the process of apprenticeship.
2- Labour disputes include individual dispute between the
Labourer and the labour user and collective dispute between the labour collective
and the labour user.
Article 158.
Labour disputes are settled on the following principles:
1- Direct negotiation and arrangement between the two disputing parties at the place where the dispute arises.
2- Through reconciliation and arbitration on the basis of respect
for the rights and interests of both pqrties, respect for the common interests of society
and observance of law.
3- Openness, objectivity, timeliness, expeditousness and in
conformity with law.
4- With the participation of the reprsentative of the trade union
and of the labour user-in the process of settling the dispute.
Article 159.
A labour dispute is brought to the office of Organization in
charge of settling labour disputes when one party refuses to negotiate or the two parties
have failed in their negotiations or both parties apply for a settlement of their dispute.
Airticle 160.
I- In the process of settling the labour dispute the disputing parties have the right to :
a) Take part in the process directly or through their
representatives;
b) Withdraw their demands or change the contents of their
dispute;
c) Request the replacement of the person directly in charge
of the settlement if. they can produce plausible reasons to prove that he
cannot ensure objectivity and equity in he settlement of the dispute.
2- In the process of settling the labour dispute the disputing
parties have the obligation to
a) Supply all the necessary documents and evidences as requested
by the agency or Organization, in charge of settling the dispute.
b) Seriously implement what has been agreed upon, the minutes of
the reconciliation, the effective decision of the office or Organization in charge of
settling the labour
Article 161. The office or organization in
charge of settling a labour dispute has, within the of their task and powers, the right to
ask the disputing parties, the offices, organizations and individuals concerred to supply
documents and evidences, ask for expertise, invite witnesses and other persons concerned
in the process of settling the labour dispute.
SECTION I : COMPETENCE AND ORDER IN SETTLING
INDIVIDUAL LABOUR DISPUTES
Article
162. The officesor organizations having the authority tosettle individual labour
disputes comprise :
I-
The local labour reconciliation council or labour conciliator of the labour office
in the district, township or town in a province (hereafter called district level) in the
places where no local labour reconciliation council exists.
2-
The People's Court.
Article
163.
I-
The total labour reconciliation council set up in the business comprises from 10 labourers
upward made up of an equal number of representatives of the labourer and the labour user.
The number of such a council shall be decided by mutual agreement.
2-
The term of this council is two years. The chairmanship and secretariat of the council
shall be rotated
3-
The labour user must ensure the necessary conditions for the operation of the loacal
labour reconciliation council.
Article
164. The order in the settlement of an individual labour dispute is
prescribed as follows :
I-
The local labour reconciliation council shall meet seven days at the latest after
receiving the request for reconciliation. This meeting must be attended by the two
disputing partiesor their mandated representatives.
2-
The council shall propose a reconciliation plan for the parties to consider. If the two
parties accepts this plan, an agreement on reconciliation shall be drafted and signed by
the two disputing parties, the president and secretary of the local reconciliation
council. The two parties have the obligation to carry out the agreements written in the
record of reconciliation.
3-
In case the reconciliation fails, the local reconciliation council shall draw -up a report
on the failure with opinions of the two disputing parties and of the council and the
signatures of the two parties, the president and secretary of the council. Copies of
this report shall be sent to the two parties not later than three days after the
reconciliation fails. Each party to the dispute has the right to ask the district People's
Court to settle the dispute. The dossier sent to the People's Court, must be attached with
the report on the unsuccessful reconciliation.
Article
165.
I-
The labour reconciliator proceeds in the order defined at Article 164 of this Code in
regard to the individual labour disputes at the businesses employing less than 10
labourers, or dispute between the house worker and the labour user or a dispute on
the execution of the apprenticeship contract and the job training tuition.
2-
The labour reconciliator must begin the reconciliation not later than seven days after
receiving the request for reconciliation.
Article 166.
I- The district People's Court shall settle individual labour disputes after the local reconciliation council or reconciliator has failed and if one of the two disputing parties so requests.
2-
The following labour disputes can be settled by the district People's Court without having
to go through the local reconciliation council or reconciliator.
a/
Disputes concerning disciplinary measure by dismissal or the unilateral termination of the
labour contract.
b/
Disputes concerning the compensation for damages to the labour user.
3-
The labourer is exempt from court fees in case of litigation concerning the demand for
salary, social insurance, indemnities for dismissal and unlawful termination of the labour
contract.
Article
167. The time limit to settling individual labour disputes (from the date
when each of the two disputing parties claims that its rights and interests have been
violated) shall be defined as follows;
I-
One year for the labour disputes described at item 2 Article 166 of this Code.
2-
Six months for labour disputes of other types.
COMPETENCE AND ORDER IN SETTLEMENT OF COLLECTIVE LABOUR DISPUTES
Article 168. The offices and organisations
having the competence to settle collective bour disputes comprise :
1- The. local labour reconciliation council or the reconciliator
of the district level labour office where no local labour reconciliation council exists.
2- The provincial level labour arbitration Council.
3- The People's Court.
Article 169
I- The local labour reconciliation defined at' Article 163 of
this Code has the competence to reconciliate also the collective labour disputes.
2-The labour arbitration council at the provincial level is
composed of full time or part time. members who are representatives of the labour office,
trade Union, the labour users and a number of lawyers, managers and prestigious social
workers in the locality, The labour arbitration council at the provincial level shall
comprise an odd number of members with a maximum of nine members presided over by a
representative of the provincial labour office.
The term of the Labour Ar]5itration Council is three years.
The arbitration council decides by majority vote 2nd secret
ballots.
The labour office at the provincial level shall ensure the
necessary conditions for the operation of the labour arbitration council.
Article 170. The order in the settlement of
collective labour disputes is defined as follows :
I- The local labour reconciliation council or the reconciliator
shall begin the reconciliation not later than seven days after receiving a request for
reconciliation. At the reconciliation meeting the two disputing parties or their mandated
representatives must be present.
2- The local labour reconciliation council or the reconcilintor
shall present a reconciliation plan for the parties to consider. If the two parties accept
the plan an agreement report shall be drawn up and signed by the two disputing parties,
the president and secretary of the local reconciliation council or the labour
reconciliator. The two parties have the obligation to implement what has been recorded in
the reconciliation agreement.
3- In case the reconciliation fails the local reconciliation
council or the reconciliator draws a report on the unsuccessful reconciliation, with
opinion of the two disputing parties and of the council or the reconelliator and the
signatures the two -disputing parties and the present of the council or the reconciliator.
Each party or both parties in the dispute have the right to request the. Labour
arbitration council at the provincial level for a settlement.
Article 171.
I- The labour arbitration council shall begin the
The lawful representatives of the two disputing parties must be
present at the meeting to settle the collective labour dispute. When necessary the Labour
arbitration council may invite the higher level of the local trade union and the
representative of the concerned State office to attend the meeting.
2- The arbitration council presents a reconciliation plan for the
two parties to consider. If the two parties agree, a report on the agreement shall be
drawn up with the signatures of the disputing parties and the president of the arbitration
council. The two parties have the obligation to comply with the provisions of the
reconciliation agreement.
3- In case the reconciliation fails the labour arbitration
Article 172.
1- In case the Labour collective does not agree with the decision
of the labour arbitration council it may ask the People's Committee to settle the dispute
or may stage a work strike.
2- In case the labour user does not agree with the decision of
the Labour arbitration council he may ask the People's Court to reconsider this decision.
The request of the Labour user for the reconsideration of the labour arbitration council's
decision does not hamper the right to strike of the labour collective.
Article 173.
I- While the labour &conciliation Council or the Labour Arbitration Council is settling the labour dispute neither party to the dispute is allowed to take unilateral action against, the other.
2- The work strike shall be decided by the executive committee of
the local trade union after the majority c the labour collective approve it by secret
ballots or by their signatures.
The Executive Committee of the local trade union shall send
delegation composed of three persons at most to hand the list of their demands to the
labour user, at the same time send a notice to the labour office at the provincial level
and a notice to the provincial federation of trade unions. The Iist of demands
and the notice must specify
3- It is strictly forbidden to undertake acts of violence or acts
damaging to the machinery and equipment and other properties of the business and all acts
of violation of public order and safety during the strike.
Article 174.
Strikes are forbidden in a number of businesses catering for the
public or businesses essential to the national economy or national security and defence
provided for in the list defined by the Government.
The State managerial offices must periodically organise the
gathering of opinions of the representative of the labour collective and the labour user
at these businesses in order to help settle in time the legitimate demands of the labour
collective. In case of a collective labour dispute, it shall be settled by the provincial
labour arbitration council. If one of the two parties does not agree with the decision of
the
Article 175. if the strike is judged to
constitute a serious danger to the national economy or to public safety, the Prime
Minister is entitled to order the post ponement or cessation of the strike.
Article 176.
1- The following strikes are unlawful
a/ The strike does not proceed from a collective labour
b/ The strike goes beyond the domain of the business;
c/ The strike violates the provisions at item I and
2- The judgement whether a strike is lawful or unlawful comes
under the jurisdiction of the People's Court.
Article 177. The People's Court is authorized to
have the final say on the strikes and collective labour disputes.
Article 178.
I- It is strictly forbidden to take acts of harrassment or retaliation against the ticipants or leaders of strikes.
2- Any person who prevents the exercise of the right to strike or
force others to strike who take unlawful acts during the strike who refuse to comply
with the decision of the Prime Minister or of the People's Court shall, depending on the
seriouesness of their offences, have to 168
Article- 179. The settlement of the strikes and
the court cases concerning labour shall be decided by the Standing Committee of the
National Assembly.
National Institute of Labour Protection of Vietnam-CIS/ILO Collaborating Center
Address: No 1. Yet Kieu Tel:8.250129 - 8.222949 Fax:(84.4) 8.246752 Email: NILP@Netnam.org.vn; VIBHLD@Netnam.vn