FAIR APPROACH IN INDIVIDUAL LABOR DISPUTE RESOLUTION IN VIETNAMESE COURTS

Nguyen Nang Quang

Abstract


This article presents the legal and practical basis for resolving individual labor disputes in Vietnam, from the application of law to conciliation and arbitration practices. Important principles such as respect for the right to self-determination, negotiation, conciliation, and arbitration as well as the principle of the provision of evidence and the burden of proof are discussed in detail. At the same time, the article also highlights the role of courts in ensuring fairness and objectivity in the resolution process, along with challenges and limitations that need to be overcome. This underscores the importance of continuing to improve the labor and procedural legal system in Vietnam.

 

Article visualizations:

Hit counter


Keywords


individual labor dispute resolution, Conciliation and labor arbitration, Court and fairness in adjudication, Vietnam labor law, protection of labor rights

Full Text:

PDF

References


. Vietnam Civil Procedure Code 2015.

. https://lsvn.vn/tranh-chap-lao-dong-ca-nhan-thuc-tien-va-giai-phap-han-che1661868568.html

. Industrial Courts Act 1919

. International Labor Office, Conciliation and Arbitration Procedures in Labor Disputes: A Comparative Study, 1980.

. Trade Dispute Act 1961 of Brunei

. Trade Unions Ordinance 1971 of Hong Kong

. Industrial Relations Law 1967 of Malaysia

. Trade Dispute Act 1941 of Singapore

. Pham Thi Thu Phuong, Thesis: Resolving disputes over unilateral termination of labor contracts under Vietnamese law from the practice of the People's Court in Ho Chi Minh City, Graduate Academy of Social Sciences, 2019, p.78

. Trade Dispute Act 1906.

. Vu Thu Hien, "Labor disputes and labor dispute resolution", Legal Propaganda Special Issue (Coordination Council for Legal Dissemination and Education), Issue 02/2014, p.5.




DOI: http://dx.doi.org/10.46827/ejpss.v6i3.1616

Refbacks

  • There are currently no refbacks.


Copyright (c) 2023 Nguyen Nang Quang

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.

The research works published in this journal are free to be accessed. They can be shared (copied and redistributed in any medium or format) and\or adapted (remixed, transformed, and built upon the material for any purpose, commercially and\or not commercially) under the following terms: attribution (appropriate credit must be given indicating original authors, research work name and publication name mentioning if changes were made) and without adding additional restrictions (without restricting others from doing anything the actual license permits). Authors retain the full copyright of their published research works and cannot revoke these freedoms as long as the license terms are followed.

Copyright © 2017 - 2023. European Journal Of Political Science Studies (ISSN 2601-2766) is a registered trademark. All rights reserved.

This journal is a serial publication uniquely identified by an International Standard Serial Number (ISSN) serial number certificate issued by Romanian National Library. All the research works are uniquely identified by a CrossRef DOI digital object identifier supplied by indexing and repository platforms. All the research works published on this journal are meeting the Open Access Publishing requirements and standards formulated by Budapest Open Access Initiative (2002), the Bethesda Statement on Open Access Publishing (2003) and  Berlin Declaration on Open Access to Knowledge in the Sciences and Humanities (2003) and can be freely accessed, shared, modified, distributed and used in educational, commercial and non-commercial purposes under a Creative Commons Attribution 4.0 International License. Copyrights of the published research works are retained by authors.