HRM Labor Dispute

7/31/2019 HRM Labor Dispute

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Outline

Definition and types of Labor Dispute

Conflict resolution process for

Individuals Labor Dispute

Collectives Labor Dispute

Strike

Change in Settlement of Labor disputes in 2012


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Labor Dispute

A labor dispute is a dispute involving rights and interests

related to employment, salaries, incomes and other

labor conditions, the implementation of the labor

contract, collective accord and questions arising during

the process of apprenticeship.


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Individual disputes between

the employee and the

employer

Collective disputes arising

between the labor collective

and the employer.

Labor disputes include:

Labor Dispute


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individuals labor dispute litigious concernment will be send out underpinning labor

amicable settlement board to carry out amicable settlement

If both parties accept variant conciliatory that draw up

minutes settles

If not agree, each litigious lateral have a claim to president.

People court resolves amicable settlement labor disputes

personally special without necessarily have to pass off at base.


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Agencies, organizations and individuals with thecompetence to settle the collective labor disputes:

- with respect to competence:

+ Labor mediator+ Chairman of the People's Committees of districts,

towns and provincial cities (referred to as chairman of

the district-level Peoples Committee)

+ Peoples Court- with respect to interests:

+ Labor mediator

+ Labor arbitration Council


collectives labor dispute


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1. The order of settlement of collective labor dispute at thegrassroots level is executed as prescribed in the Article 201of this Code. The record of mediation must specify the typeof collective labor dispute.

2. In case of unsuccessful mediation or either party fails toperform the agreements in the record of mediation, thefollowing provisions shall apply:- For the collective labor disputes on the rights, the partieshave the right to request the Chairman of district-levelPeoples Committee for settlement

- For the collective labor disputes on the interests, theparties have the right to request the labor arbitrationCouncil for settlement

Order of settlement of collective labor disputeat the grassroots level


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Order of settlement of collective labor dispute

at the grassroots level

3. In case the time limit of the settlement is over as stipulated inClause 2 of Article 201 of this Code but the labor mediator doesnot conduct the mediation, the parties have the right to submitpetition to the district-level Peoples Committee Chairman forsettlement.

Within 02 working days after receiving the request for settlementof collective labor disputes, the Chairman of district-level PeoplesCommittee shall determine the type of dispute of about the rightsor interests.In case of collective labor dispute on the rights, the settlementshall be performed as stipulated in clause 2 of this Article and

Article 205 of this Code.In case of collective labor dispute on the interests, the partiesrequesting the settlement of dispute shall be guided immediatelyunder the provisions in point b, clause 2 of this Article.


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Settlement of collective labor disputes on the rights of

the Chairman of district Peoples Committee

1. Within 05 working days after receipt of request application forsettlement of collective labor disputes on the rights, the chairmandistrict-level People's Committees shall have to settle the labordisputes.

2. At the meeting to settle the labor disputes, there must be therepresentatives of both disputing parties. In necessary cases, the

Chairman of district-level People's Committee shall invite therepresentatives of the agencies and organizations concerned toattend the meeting.The Chairman of district-level People's Committee shall rely on thelaw on labor, collective labor agreement and the labor ruleregistered and the other legal regulations and agreements for

consideration and settlement of labor disputes.3. In the event the parties do not agree with the decision of Chairman

of district-level People's Committee or if the deadline is over but theChairman of district-level People's Committee does not settle, theparties have the right request the settlement from the Court.


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Settlement of collective labor disputes on the

interests of the labor arbitration Council

1. Within 07 working days after receiving the application for

settlement request, the labor arbitration council must finish the

mediation.

2. - At the meeting of the labor arbitration council, there must be

the representatives of both parties. In necessary case, the LaborArbitration Council shall invite the representatives of agencies,

organizations and individuals concerned to attend the meeting.

- The Labor Arbitration Council shall assist the parties to negotiate

themselves, where the two parties fail to negotiate; the labor

arbitration council shall offer a plan for both parties to consider.

- In case the two parties reach agreement or accept the mediation

plan, the labor arbitration Council shall make a record of

successful mediation at the same time make a decision on

recognizing the agreement of the parties.


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Settlement of collective labor disputes on the

interests of the labor arbitration Council

- In case the two parties fail to reach agreement or a disputing party has

been duly summoned for the second time but still absent without

plausible reason, the labor arbitration Council shall make a record of

unsuccessful mediation

- The record has the signatures of the present parties, the Chairman and

secretary of the labor arbitration council.- The copy of record of successful mediation or unsuccessful mediation

must be sent to both disputing parties within 01 working day from the

date of making record.

3. After a period of 05 days from the date the Labor Arbitration Council

sets up the record of successful mediation but one of the parties doesnot execute the agreement that has been reached, the labor

collective has the right to conduct the procedures to go on strike.

In case the Labor Arbitration Council sets up the record of

unsuccessful mediation, after a period of 03 days, the labor collective

has the right to conduct the procedures to go on strike.


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Limitation of request for the settlement of collective

labor dispute on the rights

The limitation of request

for the settlement of

collective labor dispute on

the rights is 01 year from

the date of discovery of the

acts that the disputing

parties think that their

rights and interests arebreached.


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Strike and Settlement of Strike

The strike is the

temporary, voluntary

and organizational

stopping of work of thelabor collective in

order to meet the

requirements in the

process of settlement

of labor disputes.


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Notice the starting time for the strike

1. When there is more than 50% of the people gathered their

onions agree with the plan of the union executive Committee,the trade union executive committee shall make a decision on

strike in writing.

2. The decision on strike must have the following contents:

a) Result of onion gathering on strike;

b) Starting time and place for the strike;

c) Scope of strike conducting;

d) Request of labor collective;


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Cases of illegal strike

1. Not to arise from the collective labor disputes on the

interests

2. To organize for the employees who do not work for the

same employer to go on strike.

3. When the collective labor disputes have not been or are

being settled by the agencies, organization and individual

as prescribed by this Code

4. To be conducted at enterprises that are not entitled to

go on strike under the list prescribed by the Government.

5. When there is a decision to delay or stop going on strike.


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Changes in Settlement of Labor

disputes in 2012

Eliminate the regulation about The local Labor Reconciliation

Council and replace by Labor mediator.

With the collective labor disputes on the rights, employees are

not allowed to strike but they have to struggle by sending acomplaint according to the law.


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disputes in 2012

Chapter XIV allows employers to temporarily close theworkplace during the strike due to ineligible to maintainthe normal operation or to protect property.

Employers have to pay for employers who does notparticipate in the strike but have to stop working becauseof strike.

Employers have to reopen the workplace immediatelywhen the strike ends and the collective labor come back

to work.


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disputes in 2012 Simplify the settlement labor disputes' order and procedure:

- Changing the rate of employees who agree to strike

- Eliminate the subject : representative of collective labor in

which there is not grassroots trade union


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HRM Labor Dispute

Documents

Transcript of HRM Labor Dispute