Tiếng ViệtLabor disputes must originate from labor relations; ie disputes arising in the process of managing, using and hiring labor; If the dispute does not arise from an employment relationship, it cannot be a labor dispute.
Labor dispute is not only a dispute about the rights and obligations of the parties in the labor relationship, but also includes a dispute about the interests between two subjects in the labor relationship. Depending on the nature of the case, the dispute can be distinguished as a dispute of rights and a dispute of interest.
Labor dispute is a type of dispute that has a direct impact and has a great impact on employees’ themselves and their families. security and public order as well as the economic and political life of the country. Depending on the nature and scale of the dispute, the impacts may vary. Specifically, if it is an individual labor dispute, the consequences are usually limited, the impact is not as serious as a collective labor dispute.
Types of labor disputes Vietnam’s labor law divides labor disputes into two types:
(1) Individual labor disputes between employees and employers; and
(2) Collective labor disputes between the labor collective and the employer. If a labor dispute arises from an employee against an employer, for example a dispute over a case where the employee is unilaterally terminated by the employer, or is If the employee is disciplined in the form of dismissal, etc., it is an individual labor dispute between the employee and the employer.
However, if a dispute occurs between a collective of employees within a part of the enterprise’s organizational structure (a group of employees) and the employer or the whole enterprise, the collective labor dispute.
Collective labor disputes are divided into collective labor disputes over rights and collective labor disputes over interests.
Collective labor dispute over rights is a dispute arising in the process of exercising the rights and obligations of the parties as stipulated in the labor law (Labour Code, current decrees and circulars), collective labor agreements, internal labor regulations, labor contracts and/or other agreements.
Collective labor disputes over interests are labor disputes arising from the request of the labor collective to establish new working conditions that have not been specified by law, and have not yet been agreed upon by the parties in an agreement. collective labor or agreed in the collective labor agreement, but with new factors that change, making the previous agreements no longer relevant at the time of the dispute.
In the enterprise, before conflicts arise, if between employees or sometimes the labor collective and the employer have sympathy for each other, find ways to resolve newly arising disagreements in a satisfactory manner. agreement on rights and interests between the parties, such conflict will not lead to conflict and there will be no labor dispute. In the opposite case, if it does not stop within the enterprise, the conflict will inevitably lead to a dispute. Common labor disputes are individual labor disputes between employers and employees that are regularly resolved by Vietnamese courts.
