Labor dispute settlement

Labor disputes are disputes over rights and benefits related to employment, wages, income and other working conditions in the implementation of labor contracts, collective labor agreements and the apprenticeship.

LAWPRO's lawyers always make every effort to provide the Clients with effective and high qualified consulting services to settle labor disputes regardless of the fact is that the dispute is from employees or employer’s side. Our lawyers will assist you in finding solutions that affect efficiency and productivity in workplace environment as well as the benefits of employees.

COMPETENT AGENCY TO SETTLE LABOR DISPUTES

• Primary Conciliation Council: The Primary Conciliation Council is set up in enterprises which comprises of representatives from Primary Trade Unions or Executive Committee of the provisional Trade Union, employees’ and employers’ representatives of equal number. The Primary Conciliation Council operates on the principle of agreement and consensus. The number of members of the Council is agreed upon by the two parties.

• Labor mediator of the state administrative agency for labor.

• People's Court.

PROCEDURES FOR LABOR DISPUTE SETTLEMENT

Step 1: Conciliation Council / Labor mediator conduct mediation, set up a conciliation solution for the parties to consider.

In case the two parties agree with the conciliation solution, the Parties are obliged to comply with the agreement mentioned in the minutes of successful conciliation.

In case the two parties do not agree with the conciliation solution or one of the disputing parties is absent for two times without a justifiable reason after having been duly summoned, the Conciliation Council/ Labor mediator shall prepare a minute of unsuccessful conciliation.

Each disputing party is entitled to request the People's Court to settle the dispute. The dossier sent to the People's Court must be enclosed with a minute of unsuccessful conciliation.

However, the People's Court settles the following individual labor disputes without conciliation at the primary level:

• Disputes over labor discipline of dismissal or unilateral termination of labor contract;

• Disputes over compensation for damage and allowance upon termination of labor contract;

• Disputes between a house helper and his/her employer;

• Disputes over social insurance.

• Disputes over compensation between employees and Labor export enterprises.

Step 2:

In the case of individual labor disputes that the Primary Conciliation Council, Labor mediator fails in conciliation or fails to settle the dispute within the term, these cases shall be resolved by the People's Court.

PROTECTING THE RIGHTS AND LEGITIMATE INTERESTS IN LABOR DISPUTE

• Advising the rights and obligations of parties in dispute relations.

• Determining legal grounds for dispute resolution.

• Consulting, contacting and negotiating with relevant parties in resolving labor disputes.

• Organizing negotiation, conciliation of parties in a dispute relating to labor contracts or collective labor agreements.

• Representing Clients in conciliations, negotiations in labor disputes.

• Working with and guiding Clients to collect evidence documents and provide information.

• Directly collecting evidences through contacting with relevant individuals, organizations and agencies.

• Representing Clients as an authorized attorney to discuss with labor conciliation agencies and courts to protect Clients’ rights and legitimate interests.

• Advising, representing Clients to settle dispute and protect Clients' rights at the labor dispute settlement agency.

• Protecting the legal rights of Clients in the execution of the legally effective judgments of proceeding agencies.