Law on resolving individual labor disputes from the trial practice of the People's Court in Ho Chi Minh City

Research objectives The purpose of the thesis is to thoroughly study some theoretical issues on resolving individual labor disputes, analyze and evaluate the current status of regulatio

PREAMBLE

1 The urgency of the topic

Resolving labor disputes in general and individual labor disputes in particular are recognized by Vietnamese law in the 2019 Labor Code and the

2015 Civil Procedure Code When an individual labor dispute arises, there are different methods to resolve disputes, however, resorting to judicial means, i.e., bringing the case to the People's Court for practical settlement, is often chosen

by disputing parties due to its effectiveness in quickly restoring rights of the parties

In recent years, both substantive and procedural aspects of the legal system have been increasingly perfected The Court's judgments have ensured the rights and interests of the disputing parties while contributing to social stability In addition, the practice of resolving labor disputes in the Court has also shown that many court decisions do not ensure fairness and reasonableness

Ho Chi Minh City is the largest socio-economic center of Vietnam, where the labor market and labor relations are extremely complex Labor disputes here, both collective and individual, are frequent and rank among the highest nationwide The process of resolving individual labor disputes from the practice of the two-level People's Court in Ho Chi Minh City shows that substantive law as well as procedural law still reveal many limitations and shortcomings that have significant impacts on the effectiveness of resolving individual labor disputes at the court

For the above reasons, the PhD student decided to choose the topic

"Law on resolving individual labor disputes from the trial practice of the People's Court in Ho Chi Minh City" for the PhD thesis, with the aim of

clarifying a number of theoretical and practical issues regarding law on resolving individual labor disputes in Vietnam today

2 Research objectives and research tasks

2.1 Research objectives

The purpose of the thesis is to thoroughly study some theoretical issues

on resolving individual labor disputes, analyze and evaluate the current status of

regulations on individual labor dispute resolution through the trial practice of the

two-level People's Court of Ho Chi Minh City From which, the thesis proposes

solutions to improve legal regulations as well as improve the effectiveness of law

enforcement on resolving individual labor disputes at the People's Court

2.2 Research tasks

To achieve the above research objectives, the research tasks are:

First, clarify theoretical issues about individual labor disputes, resolution

of individual labor disputes, and the content of legal adjustments on resolution of individual labor disputes at the People's Court

Second, analyze and evaluate the current status of Vietnamese law on

resolving individual labor disputes at the People's Court

Third, analyze and clarify the problems in both substantive law and

procedural law through the application at the People's Court in Ho Chi Minh City

Fourth, based on the results of theoretical and practical research, the

thesis proposes specific requirements to improve the law, and proposes recommendations to enhance the effectiveness of implementing law on resolving

labor disputes at the People's Court in Ho Chi Minh City

3 Research object and scope of the research

3.1 Research objects

The research objects of the thesis topic are theoretical issues, the current status of Vietnamese law and the practical application of the law on resolving individual labor disputes at the People's Court in Ho Chi Minh City

3.2 Research scope

Regarding content: The thesis focuses on researching general issues on

the theoretical basis and legal status of resolving individual labor disputes in the

2015 Procedure Code and the newly promulgated 2019 Labor Code which came into effect on January 1, 2021 (with reference to the provisions of the 2012 Labor Code) through first instance and appellate procedures (the thesis does not study procedures for reviewing judgments and decisions that have entered into legal force)

Regarding space: The thesis studies the current status of legal regulations

through trial activities at the first instance and appellate levels of the People's Court in Ho Chi Minh City

Regarding time: From 2020 to present (with reference to a number of

previously resolved cases of the People's Court of Ho Chi Minh City, where the

substantive and procedural law has inherited in the current period)

4 Research methodology and methods

- Document retrieval method

5 New scientific contributions of the thesis

First, overview of research works related to the topic in 02 groups: i/

Theoretical research on individual labor disputes and resolution of individual labor disputes at the People's Court; ii) Research the current situation and

recommendations for improving the law on resolving individual labor disputes at

the People's Court

Second, on the basis of inheriting the research results of works on

resolving individual labor disputes abroad and domestically, the thesis develops the theoretical basis of the law on resolving individual labor disputes at the People's Court through clarifying the concepts, characteristics, and principles of resolving disputes Based on this foundation, the thesis investigates and summarizes the legal contents of resolving individual labor disputes at the

People's Court

Third, the thesis comprehensively and systematically evaluates the legal

status and practice of applying current Vietnamese law on resolving individual labor disputes at the People's Court to point out some problems and

shortcomings in the current Vietnamese law

Fourth, the thesis presents specific requirements and proposes

recommendations to improve current Vietnamese law on resolving individual

labor disputes at the People's Court from the People's Court's trial experience

6 Theoretical and practical significance of the thesis

The thesis contributes to consolidating and perfecting the theoretical basis for resolving individual labor disputes at the People's Court according to Vietnamese law These research results are also a useful reference source for teaching, learning and researching specialized legal science in Vietnam as well

as applying to the resolution of individual labor disputes at the People's Court

The thesis contributes to further improving the effectiveness of the conduct of the parties in labor relations as well as the effectiveness of resolving individual labor disputes at the People's Court and the management of state labor management agencies Employees and employers can also consult to identify and have ways to protect their legal rights and interests

7 Structure of the thesis

In addition to the introduction, conclusion, list of published works of the author related to the thesis, list of references and appendices, the thesis is structured as follows:

Chapter 1: Theoretical issues on disputes, resolving individual labor disputes and resolving individual labor disputes at the People’s Cour

Chapter 2: Current status of law on resolving individual labor disputes and trial practice at the People's Court in Ho Chi Minh City

Chapter 3: Requirements and solutions to improve and enhance the effectiveness

of implementing the law on resolving individual labor disputes at the People's Court

OVERVIEW OF RESEARCH SITUATION OF THESIS TOPIC

1 Theoretical research on individual labor disputes and resolution

of individual labor disputes at the People's Court

1.1 Overview of research works on concepts, characteristics,

classification of labor disputes, and resolution of individual labor disputes

Foreign studies related to this issue include: Book by author Eladio

Daya - titled "Conciliation and arbitration procedures for labor disputes", 2006 Research: "Labor relations Resolving labor disputes in Vietnam" in 2006 by Dr

Chang - Hee Lee, labor relations expert of the East Asia Sub-Regional Office of

the ILO The book "Managing labor relations in a changing environment - version 2" by author Michael Ballot mentions labor disputes as conflicts between

employees and other subjects in the labor process These research documents point out labor disputes and the situation of labor dispute resolution as well as the causes and existing issues in the process of resolving labor disputes

Regarding domestic studies, first of all, textbooks written by many universities could not thoroughly clarify the concepts, characteristics, classification of labor disputes, and resolution of labor disputes

Research theses on this topic include: Tran Thi Mai Loan’s "Law on resolving collective labor disputes - Theoretical and practical issues" from Academy of Social Sciences, year 2017; Pham Cong Bay’s "Law on procedures for resolving individual labor disputes in Vietnamese courts" from Academy of Social Sciences, 2011; Vu Thi Thu Hien’s "Legislation on resolving collective labor disputes about interests in Vietnam" from Hanoi Law University in 2016 These theses all have researched on concepts and characteristics of labor disputes and their resolution

The concept of resolving labor disputes is mentioned in most labor law textbooks at various universities, such as those from Hanoi Law University, Labor Relations Textbook of the University of Labor and Social Affairs, Vietnamese Labor Law textbook of Hanoi Open University, etc However, those textbooks do not extensively cover the concepts of individual labor disputes and resolution

1.2 Overview of research works on the theory of resolving individual labor disputes at the People's Court

The thesis of author Do Hai H (School of Law, University of

Melbourne, 2016) on "The dynamics of the implantation of laws regulating labor disputes in the post-Doi Moi period" shows that Vietnam's legal framework for

labor disputes post-Renovation (1986) is a unique system with mixed characteristics of socialist labor law, capitalist law, and international standards

In the book "Managing Labor Relations in a Changing Environment - Version 2"

by author Michael Ballot, the issue of disputes and resolving labor disputes is presented in Part 3, providing a basis for improving and adjusting the law on resolving labor disputes in Vietnam, including individual labor disputes

The article "Some problems in resolving labor disputes at Court according to the 2019 Labor Code" by Nguyen Thanh Hai published in the

People's Court Magazine No 3/2022 discusses challenges when entering into labor contracts electronically, the sequence of pre-notice procedures for workers, and disciplinary action against juvenile workers Authors Vu Thi Thu Hien and Nguyen Thi Hang Nga in the magazine article (2020) “New points about the authority and procedure for resolving labor disputes according to the 2019 Labor Code” published in the Legal Profession Magazine No 03, 2020 point out new aspects of jurisdiction, procedures for resolving individual labor disputes, collective labor disputes regarding rights, and collective labor disputes regarding interests under the 2019 Labor Code

2 Research the current situation and propose to improve the law

on resolving individual labor disputes at the People's Court

In the report of the International Labor Organization titled "Labor dispute resolution system in Vietnam - Legal framework and challenges" by author Mr Ho Xuan Dung, Deputy Manager, Labor and Remuneration Service,

Department of Labor, Invalids and Social Affairs, Ho Chi Minh City, Vietnam presented the current status of Vietnamese law on resolving labor disputes as well as the current status of labor disputes and the current status of resolving labor disputes in Ho Chi Minh City – Vietnam Professor Sean Cooney from Melbourne Law School, University of Melbourne and Ms Tran Thi Kieu Trang,

Faculty of Economic Law, Hanoi Law University authored "Report on resolving labor disputes in Vietnam", 2019 This report reviews the labor dispute

resolution system in Vietnam by referring to international labor standards, comparing them with best practices and documents on dispute resolution

Thesis of Quynh Chi D (University of Sydney, 2011) on the topic

"Understanding Industrial Relations Transformation in Vietnam: A dimensional analysis" analyzes the current state of labor law enforcement in

multi-Vietnam, including the issue of resolving labor disputes, to better understand the specific roles of subjects in labor relations and related parties in the process of reforming labor laws in general and laws regulating labor relations in particular

Trần Minh Tiến's article titled "Identifying Mechanisms for Resolving Labor Disputes under the 2019 Labor Code" in the special issue "Implementing the 2019 Labor Code" published by Democracy and Law Journal by Justice Publishing House in 2020 provides an overview of the provisions of the 2019 Labor Code on mechanisms for resolving labor disputes ThS Nguyễn Thị Thúy Hằng's article (Researcher at the University of Law - Hue University):

"Improving Regulations on the Procedures for Filing Lawsuits and Appeals of Litigants in Civil Proceedings" published in Legislative Research Journal No 8(384) in April 2019, on the basis of presenting and analyzing legal provisions

on the procedures for filing lawsuits and appeals, ensuring litigants' rights to file lawsuits and appeal

3 Overall assessment of the research situation of the topic and issues that need further research

3.1 Evaluate the results of published research projects related to the thesis topic

Firstly, in terms of theory: The majority of the works address the most

common issues of labor disputes and their resolution Concepts, characteristics

of labor disputes (including individual labor disputes), classification of labor

disputes, mentioned and researched in the works above, will be reviewed to inherit, absorb, and use to resolve the theory of resolving individual labor disputes in people's courts, which is the subject of this thesis

Second, in terms of practice: The works have also researched and clearly identified the legal framework for resolving individual labor disputes in general and specifically in people's courts, as well as provided an overall evaluation of the current situation of legal enforcement The studies indicate what has been achieved and what challenges remain in resolving individual labor disputes in general and specifically in people's courts, thereby proposing some solutions, recommendations to improve and enhance the effectiveness of resolving labor disputes in general and specifically in people's courts, contributing to promoting harmonious, stable, and progressive labor relations

Third, issues that are still debated or have not been addressed: There has

not been any thesis-level research on the issue of resolving individual labor disputes in over 10 years associated with the territory of Ho Chi Minh City, while the law has undergone many revisions (especially since the promulgation

of the 2019 Labor Code, the number of research works has been scarce), Vietnam has participated in signing and ratifying many new-generation free trade agreements, the emergence of the fourth industrial revolution has led to the emergence of many new forms of labor relations, etc Thus, it gives rise to new needs, perceptions, and theories about labor relations and the resolution of labor disputes

3.2 The issues that the thesis inherits

- Concepts, characteristics, classification of labor disputes, resolution of individual labor disputes, laws on resolution of individual labor disputes in general and at the People's Court in particular, resolution mechanism resolve individual labor disputes

- Comments and assessments on the legal status of resolving individual labor disputes in general and at the People's Court in particular

- Some recommendations and proposals from previous research projects

on resolving individual labor disputes in general and at the People's Court in

particular

3.3 Thesis issues continue to be researched

First, the thesis will continue to clarify and explain in detail the following specific contents: concepts, characteristics, classification of labor disputes, resolution of individual labor disputes, concepts, characteristics of laws

on resolving individual labor disputes in general and specifically in people's courts

Second, the thesis will also study the current situation and practical application of current Vietnamese laws on resolving individual labor disputes in general and specifically in people's courts from the practical perspective of Ho Chi Minh City, thereby identifying limitations, shortcomings in the mechanism for resolving individual labor disputes in people's courts

Third, through theoretical and practical research on law enforcement, the thesis will propose solutions to improve the legal provisions on resolving individual labor disputes in people's courts in Vietnam and enhance the effectiveness of applying the law on resolving individual labor disputes in people's courts in Ho Chi Minh City

3.4 Research questions and research hypotheses

General research question: Has Vietnam currently built a solid and

comprehensive theoretical foundation for the law on resolving individual labor disputes at the People's Court? What are the theoretical issues that need to be clarified, and how should these issues be addressed? What is the current status of the law on resolving individual labor disputes at the People's Court in Vietnam? What are the shortcomings and limitations, and why? What are the current requirements and orientations for improving the law on resolving individual labor disputes at the People's Court in Vietnam? How to overcome the limitations and inadequacies of the law on resolving individual labor disputes at the People's Court in Vietnam today?

General research hypothesis: In Vietnam, the theoretical foundation for the

law on resolving individual labor disputes at the People's Court has been formed, but it has not ensured compatibility with international law and suitability with the country's specific characteristics The current legal status of resolving individual labor disputes at the People's Court in Vietnam, especially after the introduction of the

2015 Civil Procedure Code, the 2019 Labor Code has not been fully studied from legal provisions to organizational implementation The necessity of summarizing

the need, requirements, and specific recommendations for improving the law and enhancing the effectiveness of implementing the law on resolving individual labor disputesat the People's Courts in Vietnam is currently facing an urgent need

To answer the general research questions and clarify the general research hypotheses, the thesis needs to answer specific research questions and clarify specific research hypotheses in the following research areas: i/ Theoretical aspect; ii/ Practical aspect of the law; iii/ Proposals, recommendations

4 Theoretical basis for researching the topic

The thesis research is based on the following theories:

First, the theory of equality before the law

Second, the theory of citizens' right to access justice and the role of the

court in resolving individual labor disputes at the People's Court

Third, the theory of respect for the parties' right to self-determination in

labor relations, from the conclusion of the labor contract to the termination of the labor contract and dispute resolution

Fourth, the theory of limiting the freedom of the parties in labor

relations

CHAPTER 1 THEORETICAL ISSUES OF DISPUTES, RESOLUTION OF INDIVIDUAL LABOR DISPUTES AND RESOLUTION OF INDIVIDUAL

LABOR DISPUTES AT THE PEOPLE’S COURT

1.1 Theoretical issues about individual labor disputes

1.1.1 Concept and characteristics of individual labor disputes

1.1.1.1 Concept of individual labor dispute

Based on the research, analysis and commentary on the concepts and definitions of labor disputes in various countries, such as in the Labor Court Law

of 1919, the Labor Relations Adjustment Law of 1947 in Japan, the National Labor Relations Act of the United States, the Labor Dispute Resolution Law of

2004 in Indonesia, the Labor Code of 1985 in Canada, and the perception in Vietnam about labor disputes through different periods and stages, the thesis

concludes: An individual labor dispute is a conflict between a worker and an employer regarding rights, obligations, and interests arising between the parties

in the employment relationship and related directly to the employment relationship

1.1.1.2 Characteristics of individual labor disputes

The nature of individual labor disputes is to reflect the conflicts and contradictions of the parties in the employment relationship regarding rights, obligations, and interests, as well as the conflicts over values in social life From

a legal perspective, individual labor disputes and collective labor disputes share common characteristics of labor disputes However, individual labor disputes also have specific characteristics to distinguish them from collective labor disputes:

Firstly, one party to the dispute is either the individual worker or a group of workers

Secondly, the content of individual labor disputes involves disputes related to the rights, obligations, and interests of an individual worker or, in some cases, a group of workers or the employer related to the employment relationship

Thirdly, individual labor disputes have the potential to transform into collective labor disputes

Fourthly, individual labor disputes involve parties with unequal economic-legal status and positions

Fifthly, in individual labor disputes, labor representatives participate in protecting the rights and legitimate interests of the worker

1.1.2 Classification of individual labor disputes

Depending on the basis for classification, individual labor disputes are divided into different types:

- First, according to the legal relationship of the dispute: Individual labor disputes consist of two types – disputes arising from individual employment relationships and disputes arising from relationships directly related

to individual employment relationships

- Second, based on the content of the dispute, individual labor disputes

can be classified into the following types: a) Disputes regarding vocational training; b) Disputes regarding wages and income; c) Disputes regarding working hours, rest periods; d) Disputes regarding other labor conditions such

as safety, occupational health, and insurance within the employment relationship (social insurance, health insurance, unemployment insurance); e) Disputes regarding labor contracts; f) Disputes regarding labor discipline

1.1.3 Concept of resolving individual labor disputes

Resolving individual labor disputes, in addition to restoring the legitimate rights and interests of the parties, also aims to strengthen and maintain labor relations Therefore, resolving individual labor disputes also aims to help the parties stabilize the labor relationship, creating conditions for the parties of the labor relationship to cooperate and develop To resolve individual labor disputes, competent agencies and organizations must carry out work in accordance with the law, also known as procedures for resolving individual labor

disputes From the above analysis, it can be understood that: Resolving individual labor disputes means that organizations, individuals, and competent state agencies carry out legal procedures to resolve disputes arising between employees workers and employers on exercising the rights, obligations and interests of both parties in the labor relationship, and restoring legitimate rights and interests that have been violated

1.2 Theoretical issues on the law of resolving individual labor disputes at the People's Court

1.2.1 Concept of resolving individual labor disputes at the People's Court

The law on resolving individual labor disputes in courts can be approached in two ways: as a legal regulatory field or as a form of litigation In terms of being a legal regulatory field, the law on resolving individual labor disputes in courts encompasses a compilation of legal norms governing the principles, jurisdiction, and procedures for resolving individual labor disputes in courts to protect the legal rights and interests of disputing parties, as well as the common interests of society and the state

1.2.2 The meaning of resolving individual labor disputes at the People’s Court

- First, resolving individual labor disputes has a strong impact on

production stability, social stability and economic development

- Second, the resolution of individual labor disputes at the People's

Court is carried out by trained and experienced professional staff, thus ensuring objectivity, accuracy, and legality

- Third, effectively resolving individual labor disputes will help the

court system improve the quality of trials, contributing to ensuring social justice and ensuring socialist legality

1.2.3 Legal content for resolving individual labor disputes at the People's Court

1.2.3.1 Principles of resolving individual labor disputes at the People's Court

Resolving individual labor disputes at the People's Court must first comply with the principles of general civil procedure However, with the characteristics of individual labor disputes, it is necessary to pay attention to some specific principles in resolving individual labor disputes

First: The principle of ensuring the right to decision and determination of the disputing parties

self-Second: The principle of ensuring equal rights between disputing parties

Third: About providing evidence and proof

Fourth: Mediation in resolving individual labor disputes

Fifth: Principles of resolving individual labor disputes openly, transparently, objectively, promptly, quickly and legally