Procedure to Making Complaint on Labor Legal Disputes

The labor dispute between the labor collective with employers about their rights and benefits related to employment, wages, income and other working conditions; on the implementation of labor collective agreements; the right to form, join in union activities … which the labor arbitration council of provinces and cities under the central government has resolved, however, the collective labor or employers who do not agree with the decision of the labor arbitration council.

Dragon Law_Labor dispute resolution

Private Dispute with Foreign Elements

1. The individual labor disputes between employees and employers on the rights and benefits related to employment, wages, income and other working conditions; on the implementation of the labor contract, and in the process of apprenticeship that labor conciliation council or labor conciliator of the district labor offices fails or internal labor conciliation council or labor mediator does not resolve within regulation time.

2. Disputes over labor discipline in the form of dismissal or cases of unilateral termination of the labor contract.

3. Disputes over compensation for damages, benefits upon termination of labor contracts.

4. Disputes between a housemaid with employers.

5. Disputes between workers who have retired under the regime with employers or social insurance agencies, between the employer and the social insurance agency.

6. Disputes over compensation for damages between workers with labor export enterprises.

Procedure for Application

1. Petition form

2. Copy of ID (passport); family register (valid copy)

3. Labor contracts

4. Decision to terminate the labor contract or dismissal, employee leave notification

5. Decision, the minutes of the conciliation of labor mediator of labor offices in districts or city arbitration council to the collective labor dispute case

6. Documents and evidence related to the disputes (if any)

7. List of documents attached with the petition (indicating the number of originals and copies)

8. If the employer who lodges complaint shall provide additional documents of legal status such as investment licenses, business establishment decision, business registration certificate, company regulations, company labor collectives, power of attorney if the legal representative don’t participate in the lawsuit;, the minutes of the meeting on labor discipline if any

Note: If the above documents made in foreign languages ​​must be translated into Vietnamese by competent notary agencies. If the copy need to be certified as true copies.

 

Lawyers specialized in Labor - Insurance - Wages at Dragon Law Firm are willing to support.

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