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According to the provisions of Clause 2, Article 185 of the Labor Code 2019, the number of labor arbitrators of the Labor Arbitration Council is decided by the Chairman of the provincial People’s Committee, at least 15 people, while the old law stipulates that the number of members of the Labor Arbitration Council is odd and must not exceed 07.
According to Article 187 of the Labor Code 2019, agencies, organizations and individuals competent to settle individual labor disputes include:
- Labor mediators;
- Labor Arbitration Council (new regulations);
- The People’s Court.
The old law stipulates that agencies and individuals competent to settle individual labor disputes include labor mediators and the people’s courts.
Individual labor disputes are not required to be resolved through the mediation procedure of the labor conciliator before being referred to the Labor Arbitration Council or Court for resolution (Article 188) as in the previous law.
Pursuant to the provisions of Clause 2, Article 190 of the Labor Code 2019, the statute of limitations for requesting the Labor Arbitration Council to settle an individual labor dispute is 09 months from the date of discovering the behavior that the disputing party believes that the rights and interests their legitimate interests are violated (new regulations). By the old law, the statute of limitations is one year.
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Documentary Editorial Board, DBRC, Dong Du International Accounting & Legal Consulting Group Vietnam, A member of OneSMP Singapore, Southeast Asia Business Consulting Network (www.japanvietnam.com.vn)
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