LABOR DISPUTES MUST NOT GO THROUGH THE CONCILIATION PROCEDURE
Conciliation is considered one of the optimal options in the process of dispute resolution in general and labor dispute resolution in particular. Through conciliation, employers and employees can quickly resolve conflicts and conflicts of interest without affecting the relationship between them. However, in fact that there are multiple of serious disputes that conciliation procedure can not settle completely the issues or cause many disadvantages to the labors. Law also prescribes such exceptions that do not need to go through the conciliation procedure.
Clause 1 Article 201 of Labor Code prescribes:
“Individual labor disputes must go through the conciliation procedure by labor conciliators before going to a court for settlement, except the following labor disputes:
a / Regarding to the labor discipline in the form of dismissal or dispute over the case of unilaterally terminating the labor contract.
b/ Disputes over compensation for damage and allowance upon termination of labor contract;
c/ Disputes between a domestic employee and his/her employer;
d/ Disputes over social insurance in accordance with the law on social insurance, over health insurance in accordance with the law on health insurance;
e/ Disputes over compensation between employees and enterprises or non-business units sending employees to work abroad under contracts.”
Therefore, regarding to that disputes, the employers and employees can skip the conciliation procedures for the conciliation conducted, hand in application directly to court of jurisdiction to be protected their legal rights and benefits.
Statute of limitations for requesting settlement of individual labor disputes:
-The statute of limitations for requesting a labor conciliator to settle an individual labor dispute is 6 months, counting from the date of discovering an act in which each disputing party believes that their legal rights and benefits have been violated. - The statute of limitations for requesting the court to resolve an individual labor dispute is 1 year, counting from the date of discovering an act in which each disputing party believes that their legal rights and benefits have been violated. Please do not hesitate to contact us for more information to be supported and consulted: LUAT SU RIENG (LSR) LAW FIRM Address: no. 16 Nguyen Quy Canh Street, An Phu Ward, District 2, Ho Chi Minh City Hotline: 1900252503.Press 8 Email: i[email protected] Facebook: https://www.facebook.com/Sai-Gon-Lawyer-101657741647648 Website: http://saigonlawyer.net/; https://hochiminhlawyer.com/