Cases Of Labor Disputes Were Sued Directly To The Court

Labor disputes are a part of labor and appear between employees and employers when the parties fail to comply with contract provisions or because of some other factors. In most cases, the resolution of labor disputes must be through conciliation, which is encouraged by the Court and the law, however, if the dispute falls under the following fields, it is not necessary to go through the mediation procedure allowed to sue in court. The following article deals with cases of labor disputes were sued directly to the Court. Please feel free to contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479 for legal advice and support.

1. What is a labor dispute?

Pursuant to Clause 1, Article 179 of the 2019 Labor Code, the labor dispute is explained as follows:

Labor dispute means 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 a relationship directly related to the employment relationship.

Labor disputes are currently divided into 2 types:

• Individual labor disputes.
• Collective labor disputes.

Cases Of Labor Disputes Were Sued Directly To The Court

But in general, both of the above disputes are subject to employees, but in this analysis, we only focus on the procedures for resolving labor disputes between individual employees and enterprises. 

2. When is a labor dispute not conciliation?

In Clause 1, Article 188 of the Labor Code 2019, individual labor disputes must be resolved through the conciliation procedure of the labor conciliator before requesting the Labor Arbitration Council or the Court to settle, except for the following cases: The following labor disputes 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 according to the provisions of the law on social insurance, on health insurance according to the provisions of the law on health insurance, on unemployment insurance according to the provisions of the law on employment, on insurance for occupational accidents and diseases according to the provisions of the law on occupational safety and hygiene.

• Regarding compensation for damage between employees and enterprises and organizations sending workers to work abroad under contracts.

• Between the outsourced employee and the outsourced employer.

When an individual employee falls into one of the six cases mentioned above, the employee does not need to go through the conciliation procedure with the mediator but is allowed to file a lawsuit with the Court for settlement.

3. Procedures for submitting a labor dispute settlement application

An employee can send a lawsuit petition to the Court, together with documents and evidences that he currently has, to the Court competent to handle the case by the following methods according to Article 190 of the Civil Procedure Code 2015:

• Filed directly at the Court.
• Send to the Court by postal service.
• Submit online by electronic form via web portal of the Court (if any).

Note: The date of lawsuit is the date the litigant files the lawsuit at the Court or the date indicated on the stamp of the postal service organization where it is sent.

In case the date, month and year cannot be determined according to the postal stamp of the sending place, the date of lawsuit is the date the involved parties submit the application at the postal service organization. 

The involved parties must prove the date they submit the application at the postal service organization; in case the involved parties cannot prove it, the lawsuit petition date is the date the court receives the lawsuit petition sent by the postal service organization.

In case the petitioner submits the lawsuit petition by the online submission method, the lawsuit petition date is the filing date.

Cases Of Labor Disputes Were Sued Directly To The Court

Thus, when a labor dispute occurs between an individual employee and an enterprise, it is necessary to carefully consider whether his or her case belongs to one of the six disputes that do not require conciliation. If the employee does not fall into the above cases, the employee must go through mediation after not being able to come to an agreement before he can bring a lawsuit. Please feel free to contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479 for legal advice and support.

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