FAIR APPROACH IN INDIVIDUAL LABOR DISPUTE RESOLUTION IN VIETNAMESE COURTS
DOI:
https://doi.org/10.46827/ejpss.v6i3.1616Ključne riječi:
individual labor dispute resolution, Conciliation and labor arbitration, Court and fairness in adjudication, Vietnam labor law, protection of labor rightsSažetak
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.Reference
. 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.
