✦ Tóm lược thông minh
Decree No. 133/2007/ND-CP details and guides the implementation of certain provisions of the Law amending and supplementing the Labor Code on labor dispute resolution. It applies to enterprises, cooperatives, organizations employing Vietnamese workers under labor contracts. The Decree stipulates the establishment of Conciliation Boards, labor conciliators, and the resolution of collective labor disputes.
Đối tượng áp dụng
Enterprises, cooperatives, cooperative unions, organizations, units, and individuals employing Vietnamese workers under labor contracts.
Các điểm cốt lõi
- Employers and the Trade Union Branch Executive Committee establish a Conciliation Board with at least four members, including the Chairperson and Secretary. Each year, the Chairperson and Secretary positions rotate between the two parties.
- Within three working days from receiving the request for conciliation, the Conciliation Board must convene to resolve individual or collective labor disputes.
- Labor conciliators recognized by the Chairman of the People's Committee at the district level have the duty to mediate individual labor disputes at enterprises without Conciliation Boards, disputes regarding the implementation of vocational training contracts, and vocational training costs.
- The Chairman of the People's Committee at the district level has the authority to resolve collective labor disputes when the conciliation period has expired or failed. Within five working days from receiving the request, the Chairman must convene a meeting with all parties to resolve the dispute.
- The Labor Arbitration Board is established by the Director of the Department of Labor, Invalids, and Social Affairs submitting to the Chairman of the People's Committee at the provincial level. The Board mediates collective labor disputes concerning benefits.
🌐 Tác động xã hội từ văn bản này
- Establish internal mediation mechanisms within enterprises to reduce tensions and conflicts between employers and employees.
- Reduce time and costs for all parties when resolving collective labor disputes through the establishment of Labor Arbitration Boards.
- Provide a legal basis for administrative penalties during the process of resolving labor disputes.
❓ Câu hỏi thường gặp
How is the Conciliation Board established?
Employers cooperate with the Trade Union Branch Executive Committee to establish the Conciliation Board, where each party nominates their representative. The employer issues a decision to establish the Board and publicly announces it within the enterprise.
Who recognizes labor conciliators?
Labor conciliators are recognized by the Chairman of the People's Committee at the district level after the District Federation of Trade Unions or equivalent body compiles a list and submits the application.
How are collective labor disputes resolved?
The Chairman of the People's Committee at the district level resolves collective labor disputes when the conciliation period has expired or failed. Within five working days from receiving the request, the Chairman must convene a meeting with all parties to resolve the dispute.
What are the duties of the Labor Arbitration Board?
The Labor Arbitration Board mediates collective labor disputes concerning benefits and makes decisions to resolve disputes. If either party disagrees with the Board's decision, they may request the People's Court to resolve the matter.
How are workers identified when they do not participate in strikes?
Workers are identified as those who do not participate in strikes but must stop work due to the strike if they do not participate in the strike or belong to a part of the enterprise that does not go on strike but is affected by the strike and must stop work.
Toàn văn
DECREE
Detailed regulations and guidance on implementing certain provisions of the Law amending and supplementing
certain provisions of the Labour Code regarding resolution of labour disputes
______________________________
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Labour Code dated June 23, 1994; the Law amending and supplementing certain provisions of the Labour Code dated April 2, 2002; the Law amending and supplementing certain provisions of the Labour Code dated November 29, 2006;
Considering the proposal of the Minister of Labor, Invalids, and Social Affairs,
DECREE :
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree provides detailed regulations and guidance on implementing Article 159; Article 162; Article 163; Article 164; Article 165a; Article 170; Article 170a; Article 171; Article 171a and Article 174d of the Labour Code amended and supplemented according to the Law amending and supplementing certain provisions of the Labour Code dated April 2, 2002 and the Law amending and supplementing certain provisions of the Labour Code dated November 29, 2006 (hereinafter referred to as the Labour Code) concerning resolution of labour disputes.
Article 2. Scope of Application
1. Enterprises established and operating under the Enterprise Law.
2. Cooperatives, Cooperative Federations established and operating under the Law on Cooperatives.
3. State-owned enterprises undergoing transformation according to Clause 2, Article 166 of the Enterprise Law.
4. Organizations, units, individuals of Vietnam operating in accordance with Vietnamese laws employing Vietnamese workers under employment contracts.
Enterprises, cooperatives, cooperative federations, organizations, units, and individuals specified in Clauses 1, 2, 3, and 4 of this Article shall hereinafter be collectively referred to as enterprises.
Article 3. Applicability
1. Workers; Executive Committee of the Grassroots Trade Union, Temporary Executive Committee of the Grassroots Trade Union (hereinafter collectively referred to as the Executive Committee of the Grassroots Trade Union); representatives of worker collectives, employers at enterprises.
2. Vietnamese workers employed in international or foreign agencies, organizations; representative offices, branches of foreign economic organizations in Vietnam; foreigners working in Vietnam are also subject to the provisions of this Decree, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.
This Decree also applies to agencies, organizations related to the resolution of labour disputes, resolution of strikes by worker collectives.
Chapter II
SETTLEMENT OF LABOR DISPUTES
PART 1
LABOUR DISPUTE CONCILIATION BOARD AT THE ENTERPRISE LEVEL AND LABOUR CONCILIATORS
Article 4. Establishment of the Labour Dispute Conciliation Board at the enterprise level according to Clause 1, Clause 2 of Article 162 of the Labour Code
1. Employers have the responsibility to coordinate with the Executive Committee of the Grassroots Trade Union to establish the Labour Dispute Conciliation Board at the enterprise level (hereinafter referred to as the Conciliation Board). Each side proposes their own representatives who meet the conditions for discussion and agreement to select members to join the Board.
2. The employer issues a decision to establish the Conciliation Board, in which the decision clearly states the name and surname of each member, the Chairman and Secretary of the Board, the term of office of the Chairman and Secretary of the Board.
The decision to establish the Conciliation Board must be publicly announced within the enterprise, sent to the Executive Committee of the Grassroots Trade Union, the members of the Board, and the district-level labour authority (hereinafter collectively referred to as the district-level labour authority) for monitoring.
3. The persons proposed to participate in the Conciliation Board from the employer's side and the worker's side are stipulated as follows:
a) From the employer's side, it is the legal representative or the authorized representative by written power of attorney of the enterprise.
b) From the worker's side, it is the person appointed by the Executive Committee of the Grassroots Trade Union among the members of the Executive Committee of the Trade Union or trade union members at the enterprise.
Both sides may agree to select one or more experts outside the enterprise who meet the conditions stipulated in Clause 1 of Article 6 of this Decree to join the Conciliation Board.
4. Members of the Conciliation Board must consist of at least four (04) people including the Chairman and Secretary of the Board. Starting from the date of establishment, each year in turn, the representative of each side alternates as the Chairman and Secretary of the Board, if one side is the Chairman then the other side is the Secretary of the Board.
5. Members of the Conciliation Board are entitled to attend training courses on conciliation skills and classes on labour law.
Article 5. The Mediation Board's activities in resolving labor disputes pursuant to Clause 3, Clause 4 of Article 162 and Article 165a of the Labor Code
1. The Mediation Board shall have the duty to mediate individual labor disputes occurring at enterprises and collective labor disputes when there is a mediation request.
2. Within three working days from the date of receipt of the mediation request, the Mediation Board must convene a meeting with the parties involved in the labor dispute for mediation.
3. The mediation session for labor disputes shall be conducted when at least two-thirds of the members of the Mediation Board are present. The procedures and formalities for conducting the mediation session shall be carried out in accordance with the provisions of Clause 2 of Article 165a of the Labor Code.
4. The mediation process by the Mediation Board to resolve labor disputes must comply with the provisions of the Labor Code and this Decree.
5. The employer has the responsibility to ensure necessary conditions for the operation of the Mediation Board during the mediation period, such as: providing a mediation room when there is a case, supplying work equipment for the members of the Mediation Board; providing relevant documents and papers related to the labor dispute; paying wages or remuneration to the members of the Mediation Board on the days they perform mediation tasks and the days they participate in vocational training courses organized by labor authorities at all levels.
Article 6. Labor mediators under Article 163 of the Labor Code
1. Those who meet the following conditions shall be recognized as labor mediators by the Chairman of the People's Committee of the district:
a) Having full civil capacity, good moral character.
b) Understanding labor laws.
c) Possessing mediation skills or experience in organizing mediation to undertake the duties of a labor mediator.
d) Voluntarily participating in the mediation organization.
2. The District Trade Union, County Trade Union, City Trade Union under Province (hereinafter referred to as the District Trade Union) or equivalent (industrial zone trade unions, export processing zone trade unions) shall establish a list of members who meet the conditions stipulated in this Article 1 and submit their application to the district labor authority for registration as labor mediators.
For those who meet the conditions stipulated in Article 1 of this Decree, they shall submit their application to the district labor authority for registration as labor mediators.
3. Labor mediators shall be relieved of their duties in the following cases:
a) Committing acts of violating the law.
b) Engaging in acts contrary to social morals.
c) Refusing mediation tasks multiple times.
4. The district labor authority shall be responsible for:
a) Submitting to the Chairman of the People's Committee of the district for a decision recognizing labor mediators.
b) Assisting the Chairman of the People's Committee of the district in managing the team of labor mediators.
c) Appointing staff to engage in mediation work and assigning labor mediators to participate in resolving specific labor disputes in the area.
5. Labor mediators may attend training courses on mediation skills and classes on labor law.
6. The Minister of Labor, Invalids and Social Affairs shall specify the detailed requirements, procedures, and formalities for appointing labor mediators and managing the team of labor mediators.
Article 7. Activities of labor mediators under Articles 163 and 165a of the Labor Code
1. Labor mediators have the duty to mediate individual labor disputes at enterprises that do not yet have a Mediation Board, disputes regarding the implementation of apprenticeship contracts and vocational training costs, and disputes specified in Clause 2 of Article 166 of the Labor Code when the parties request mediation, as well as collective labor disputes upon request.
2. Within three working days from the date of receiving the mediation request, the labor mediator must convene a meeting with the disputing parties to mediate.
In cases where a labor dispute occurs at an enterprise, the enterprise must arrange a location for the labor mediator to conduct the mediation session.
In cases where a labor dispute does not occur at an enterprise, the district-level labor authority must arrange a location for the labor mediator to conduct the mediation session.
3. Labor mediators shall be entitled to remuneration equivalent to the allowance system for court sessions applied to People's Assessors during the days they perform mediation work, including the days spent reviewing case files.
4. The operating expenses of labor mediators shall be guaranteed by the state budget and allocated within the regular expenditure budget of the district-level labor authority. The Ministry of Finance shall provide detailed guidance on the funding to ensure the operation of labor mediators.
Article 8. Selection of Mediation Boards or labor mediators in resolving collective labor disputes under Clause 1 of Article 170 of the Labor Code
The Trade Union Committee or representatives of the workforce may agree in writing with the employer on the selection of a Mediation Board or labor mediator to resolve collective labor disputes at the workplace.
PART 2
RESOLUTION OF COLLECTIVE LABOR DISPUTES BY THE CHAIRMAN OF THE PROVINCE/CITY PEOPLE'S COMMITTEE
Article 9. Authority of the Chairman of the Provincial/City People's Committee to resolve collective labor disputes under Clause 2 of Article 170 of the Labor Code
1. The Chairman of the Provincial/City People's Committee has the responsibility to resolve collective labor disputes concerning rights occurring within their jurisdiction in the following circumstances:
a) Where the Mediation Board or labor mediator has conducted mediation but it was unsuccessful.
b) Where three working days have passed since the receipt of the complaint, but the Mediation Board or labor mediator did not conduct mediation or could not organize a mediation session.
2. Within five working days from the date of receiving the request, the Chairman of the Provincial/City People's Committee must convene a meeting with the disputing parties to resolve the dispute.
Article 10. Procedures for resolving collective labor disputes concerning rights by the Chairman of the Provincial/City People's Committee under Point b Clause 1 of Article 170a of the Labor Code
1. Within three working days from the date of receiving the request to resolve a labor dispute, the Chairman of the Provincial/City People's Committee shall chair and coordinate with relevant agencies and organizations to study the contents related to the resolution of collective labor disputes and propose measures to resolve them.
After relevant agencies and organizations have proposed measures to resolve the dispute, the Chairman of the Provincial/City People's Committee shall convene a meeting to resolve the dispute in accordance with Clause 2 of Article 9 of this Decree.
2. At the meeting to resolve collective labor disputes concerning rights, the Chairman of the Provincial/City People's Committee may invite representatives of higher-level trade unions, relevant agencies, and organizations to attend the meeting.
3. During the process of resolving collective labor disputes concerning rights, if it is found that the dispute originates from violations of labor laws, collective labor agreements, registered internal regulations, and other lawful systems and agreements at the enterprise, the Chairman of the Provincial/City People's Committee shall issue a decision to impose administrative penalties on the violative acts according to the law on administrative penalties.
4. The district-level labor authority shall cooperate with the Federation of Labor Unions or equivalent bodies to assist the Chairman of the Provincial/City People's Committee in supervising the disputing parties to comply with the legal provisions on the resolution of labor disputes by the Chairman of the Provincial/City People's Committee.
PART 3
RESOLUTION OF COLLECTIVE LABOR DISPUTES BY THE LABOR ARBITRATION BOARD
Article 11. Establishment of the Labor Arbitration Council pursuant to Article 164 of the Labor Code
1. After reaching consensus with relevant sectors on the proposed Chairperson and members of the Labor Arbitration Council, the Director of the Department of Labor, Invalids and Social Affairs shall submit to the Chairman of the Provincial People's Committee for a decision to establish the Labor Arbitration Council to mediate collective labor disputes concerning benefits and collective labor disputes at enterprises that are not entitled to strike within their jurisdiction.
2. The Labor Arbitration Council shall have its headquarters at the Department of Labor, Invalids and Social Affairs and shall have its own seal.
3. The operating expenses of the Labor Arbitration Council shall be guaranteed by the state budget and allocated in the regular expenditure budget of the Department of Labor, Invalids and Social Affairs.
The Department of Labor, Invalids and Social Affairs shall arrange working locations and equipment and ensure necessary conditions for the operation of the Labor Arbitration Council.
4. The composition of the Labor Arbitration Council shall consist of an odd number of five or seven members, including:
a) The Chairperson of the Council shall be a representative of the leadership of the Department of Labor, Invalids and Social Affairs.
b) The Secretary of the Council shall be a civil servant appointed by the Department of Labor, Invalids and Social Affairs.
c) One member shall be a representative of the Provincial Trade Union.
d) One member shall be a representative of local employers.
đ) One or more members shall be lawyers or persons with experience in labor relations, having credibility and impartiality.
5. The Secretary of the Labor Arbitration Council shall work full-time as the permanent staff of the Council and shall receive a responsibility allowance equivalent to the position allowance of a Deputy Director of the Department. Other members who work part-time shall receive allowances during the process of resolving labor disputes according to the regulations of the law, equivalent to the session allowance applied to lay judges.
6. Members of the Labor Arbitration Council shall be provided with information about labor laws by the Department of Labor, Invalids and Social Affairs and shall participate in training courses on labor laws.
Article 12. Activities of the Labor Arbitration Council in resolving labor disputes pursuant to Articles 164 and 171 of the Labor Code
1. The Labor Arbitration Council shall convene to mediate a collective labor dispute when at least two-thirds of the members of the Council are present (including members from the Department of Labor, Invalids and Social Affairs, the Provincial Trade Union, and representatives of local employers).
2. Within seven working days from the date of receiving a request for mediation, the Labor Arbitration Council shall convene with the disputing parties to resolve the labor dispute.
3. When resolving collective labor disputes at enterprises listed in the category of enterprises not entitled to strike within their jurisdiction, the Labor Arbitration Council must issue a decision to resolve the collective labor dispute. If one of the two parties disagrees with the decision of the Labor Arbitration Council, they have the right to request the competent People's Court to resolve the matter.
Chapter III
APPOINTING REPRESENTATIVES OF COLLECTIVE LABOR UNIONS, IDENTIFYING WORKERS WHO DO NOT PARTICIPATE IN STRIKES, AND RESOLVING STOPWORKS BY COLLECTIVE LABOR UNIONS WHEN COLLECTIVE LABOR DISPUTES CONCERN RIGHTS
Article 13. Appointment of collective labor representatives to organize and lead strikes according to Article 172a of the Labor Code
When a collective labor dispute occurs at enterprises that have not established a Trade Union Executive Committee, the collective labor body may appoint representatives to organize and lead strikes as follows:
1. Based on the scale and number of workers in the enterprise or its department, the collective labor body decides on the number of collective labor representatives, following the principle of odd numbers, with a maximum of nine (09) persons and a minimum of three (03) persons to represent the collective labor body in organizing and leading strikes at the enterprise. The appointment of representatives by the collective labor body at the enterprise must be notified in writing to the County-level Federation of Labor Unions or equivalent within a maximum period of five (05) working days from the date of appointment by the collective labor body.
2. The County-level Federation of Labor Unions or equivalent shall coordinate with the county-level labor authority to guide the collective labor body in appointing representatives for the collective labor body at the enterprise.
3. Those appointed as representatives of the collective labor body to organize and lead strikes shall have the following duties and powers:
a) To comply with all provisions of labor laws regarding the organization and leadership of strikes.
b) To have the rights and obligations similar to those of members of the Trade Union Executive Committee during the process of organizing and leading strikes.
c) To enjoy benefits like grassroots trade union officials when participating in resolving labor disputes during their term as representatives of the collective labor body.
d) The period of service as a representative of the collective labor body shall be counted from the date of appointment by the collective labor body until the conclusion of the resolution of the labor dispute.
Article 14. Determination of Workers Not Participating in Strikes According to Clause 1 of Article 174d of the Labor Code
Workers who are determined to be non-participants in strikes but must cease work due to strikes are those who do not participate in strikes, and those belonging to parts of the enterprise that do not strike but are affected by strikes and must cease work.
Article 15. Resolution of Temporary Work Stoppage by Collective Labor Bodies in Cases of Collective Labor Disputes Concerning Rights According to Clause 3 of Article 159 of the Labor Code
1. When a collective labor dispute concerning rights leads to a temporary work stoppage by the collective labor body, the Chairman of the People's Committee of the district must promptly resolve it.
2. In cases where the disputing parties do not accept the resolution plan, the Chairman of the People's Committee of the district shall report in writing to the Chairman of the Provincial People's Committee, while also sending copies to the Department of Labor, Invalids, and Social Affairs, the Provincial Federation of Labor Unions, and the provincial representative of the employer for coordination in handling.
3. Based on the demands of the collective labor body, the Chairman of the People's Committee of the district shall convene meetings with representatives of the Trade Union Executive Committee or representatives appointed by the collective labor body (in places without trade unions), and the employer; requiring the parties to comply with labor laws and for the collective labor body to return to work and stabilize production.
4. Consider and impose administrative penalties (if applicable) for violations of labor laws, collective labor agreements, registered labor regulations, and other lawful rules and agreements at the enterprise.
5. Conduct mediation for collective labor disputes not arising from violations of labor laws, collective labor agreements, registered labor regulations, and other lawful rules and agreements at the enterprise. If mediation fails, guide the parties to follow the relevant provisions of labor laws on resolving collective labor disputes.
Chapter IV
IMPLEMENTING PROVISIONS
Article 16. Effective Date
This Decree shall take effect fifteen days after its publication in the Official Gazette.
Repeal Decree No. 58/CP dated May 31, 1997 of the Government on payment of wages and other benefits to workers participating in strikes during the strike period; repeal Decision No. 744/TTg dated October 8, 1996 of the Prime Minister on establishing provincial labor arbitration councils.
Article 17. Responsibilities for guidance and enforcement
1. The Ministry of Labor, War Invalids and Social Affairs shall be responsible for guiding the implementation of this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.
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Thông tư số 53/2008/TT- BTC Hướng dẫn về kinh phí bảo đảm hoạt động của hoà giải viên lao động
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Bấm vào một văn bản để mở. Viền đỏ = quan hệ làm thay đổi hiệu lực.
Bản dịch
Văn bản này có sẵn ở các ngôn ngữ sau:
Tiếng Việt
Nghị định số 133/2007/NĐ-CP Quy định chi tiết và hướng dẫn thi hành một số điều của Luật sửa đổi, bổ sung một số điều của Bộ luật lao động về giải quyết tranh chấp lao động
한국어
법률 제133/2007/시행령-행정령은 노동법 개정 및 일부 조항 수정 법률에서 규정한 노동쟁의 해결에 대한 세부사항과 지침을 정하고 있다.
中文
令第133/2007/ND-CP详细规定并指导实施《劳动法》若干条款的修正和补充，关于解决劳动争议。