Circular 23/2007/tt-Bldtbxh: Guidance On The Organization And Activities Of The Labour Arbitration Board

Original Language Title: Thông tư 23/2007/TT-BLĐTBXH: Hướng dẫn về tổ chức và hoạt động của Hội đồng trọng tài lao động

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Circulars on the Organization and activities of the labour arbitration board _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 133/2007/ND-CP on 08/08/2007 the Government detailing and guiding the implementation of some articles of the law on amendments and supplements to some articles of the labor code of labor disputes (hereinafter the Decree No. 133/2007/ND-CP);
Pursuant to Decree No. 122/2007/ND-CP dated 27 July 2007 business directory specified is not on strike and the settlement of collective labour requirements in the business are not on strike (hereinafter referred to as the Decree No. 122/2007/ND-CP);
Pursuant to Decree No. 29/2003/ND-CP dated 31 March 2003 of the Government functions, tasks, powers and organizational structure of the Ministry of labor, invalids and Social Affairs;
The Ministry of labor, invalids and Social Affairs guidance on the tasks and powers, organization, activities of the labour arbitration board as follows: i. the TASKS and powers of the LABOUR ARBITRATION BOARD 1. The Mission of the labour arbitration board a) conciliation of collective labour disputes of interest between labour and the collective use of labour;
b) resolve collective labour disputes between the labour collective and the employers in the business category in the business not to strike the provisions in Decree No. 122/2007/ND-CP DATED. 2. Powers of a labour arbitration board) to find out the incident, met with the parties to the dispute, the people involved, the witnesses;
b) collect documentary evidence, asking the parties to the dispute and the people concerned to provide the full range of documents related to the dispute;
c) requires the parties to the dispute to the mediation session or resolve disputes Labor Arbitration Council convened;
d) make reconciliation so that the two sides of the same dispute to consider, negotiate;
DD) Up the minutes of the conciliation or conciliation fails;
e) decision to resolve the dispute in the business category in the business are not on strike;
g) professional guide service on the conciliation of labor disputes for the Board of conciliation and labour mediators at local.
h) Secretary of Labor Arbitration Council enjoy the mode according to the provisions in Clause 5, article 11 of Decree No. 133/2007/ND-CP. The members of the Board of arbitration to other workers working in part-time mode in those days made the work of reconciliation, settle labor disputes, including those on the profile research , meet the sides of the labor dispute to collect material evidence, entitled fostering mode equivalent to fostering mode of trial apply to the people's assessors by decision No. 241/2006/QD-TTg on October 25, 2006 by the Prime Minister on the fostering mode of the trial.
3. Duties of the Chairman of a labour arbitration board) operates all activities of the labour arbitration board, chairing the conciliation and labour disputes;
b) assigned to specific tasks for the members of the Board of arbitration of labor;
c) sign, decided to solve the labor dispute of Labor Arbitration Board;
d) issued the regulations of the labour arbitration board;
DD) Organization of training, professional training on the work of conciliation and labour disputes;
g) periodic report annual or extraordinary about the activities of the labour arbitration board.
4. The duties of a Secretary a labor arbitration board) of the labour arbitration Council perform administrative work, the organization ensures the operation of the labour arbitration board;
b) receiving records and find out the labor dispute;
c) collect relevant evidence;
d) prepare the meetings of the labour arbitration board;
DD) conduct the procedures and set the minutes at the conciliation, labor disputes of the labour arbitration board.
5. The duties of the other members of the labour arbitration board a) learn, study the collective labor dispute to comment, propose reconciliation, settlement of the labour arbitration board;
b) Projected the reconciliation, resolve the labor dispute in the labour arbitration Council;
c) perform the work as assigned by the Chairman of the labour arbitration board.
II. ORGANIZATION Of The LABOUR ARBITRATION BOARD 1. The term of the labour arbitration Council of the labour arbitration board according to the provisions in clause 3, article 164 of the labour code is three (3) years.
In addition to the meetings to solve the labor dispute under the petition of the parties to the dispute, the Arbitration Board may labor meetings irregularly at the request of the President of the Council of labor arbitration, regular meeting, 6 months in June and December every year to evaluate the results of operations of the Board and Chairman of the report Committee-level people the Ministry of labor, invalids and Social Affairs.
2. The composition of the labour arbitration Council of the number of members and composition of the labour arbitration board under the provisions of paragraph 4, article 11 of Decree No. 133/2007/ND-CP. Now guide d and DD of paragraph 4 Article 11, Decree 133/NĐ-CP dated as follows: a) case a representative member of the users local workers as defined in point d , Paragraph 4, article 11 of the Decree 133/2007/ND-CP is hoặcVăn branch representatives of the Vietnam Chamber of Commerce and industry or provincial Cooperative Union.
b) where one or a number of members are lawyers or who have experience in the field of labour relations in local, reputable and the mind as defined in point e, paragraph 4 Article 11 of Decree No. 133/2007/ND-CP by the Department of labour, invalids and social options to the President of the provincial people's Committee decided on the basis of the introduction of a in the agencies, institutions: the Department of labor, invalids and social law, labor unions, branch or representative office of Vietnam Chamber of Commerce and industry, the provincial Cooperative Union.
c) in addition to the number of official members, the Department of labor, invalids and Social Affairs, and Labor Union branch or representative office Vietnam Chamber of Commerce and industry or provincial Cooperative Union, each agency, the Organization sent a membership to replace when the full member is absent or must change at the request of the parties to the dispute. Members of the Department of labor, invalids and Social Affairs is the head of Department level to replace the President of the Council when it is absent.
d) base proposed by the President of the Council of labor arbitration, the Director of the Department of labor, invalids and Social Affairs the Chairman of the provincial people's Committee to review the decision, dismissed members of the labour arbitration board in no case undertake the assigned tasks (decision dismissed as model No. 2 attached to this circular).
3. Established labour arbitration Council, Director of the Department of labor, invalids and Social Affairs submitted a written proposal to the Agency, the organization concerned the election of members to join the labour arbitration Council.
The base list of referral agencies, the Organization, the Director of the Department of labor, invalids and Social Affairs the Chairman of the provincial people's Committee of review, the decision established the labour arbitration Council (according to the model No. 1 attached to this circular).
III. Procedure For CONCILIATION, LABOR DISPUTES Of The LABOUR ARBITRATION BOARD 1. Got petitions to resolve labor dispute Secretary of Labor Arbitration Council received petitions to resolve labor dispute right on Windows, specify the date accepting applications and research, collection of evidence, the relevant document. Propose reconcile, settle with slow Labor Arbitration Council for two (2) days after receiving the application, the Secretary of Labor Arbitration Council must submit to the members of the Council of labor arbitration: a) summons the labour arbitration Council meeting;
b) petition resolved (3rd form attached to this circular);
c) evidence, relevant documents;
d) list of members of the Board participated in labor arbitration, dispute resolution by the President of the Council of labor arbitration decision.
The case of one or both sides of the dispute have asked to change the membership of a labour arbitration board because that that Member does not guarantee the objectivity, fairness in resolving disputes (like or relatives who have interests related directly or indirectly with a party to the dispute), the application must be sent to the Labor Arbitration Council for at least three (3) the day before the session. The replacement of members in each session of conciliation and resolve collective labor disputes by the Chairman of the labour arbitration decision.
2. The order and procedure of conciliation of collective labour disputes of the labour arbitration Council for business is to strike a) at the meeting of Labor Arbitration Council, Secretary of the labour arbitration board to check the presence of either side of the labor dispute, the authorized representatives of the two parties to the dispute. The case of the labor disputes parties not present that authorize others to do the representatives they must check the authorization certificate. If either side disputes absence first have justifiable reasons, the labour arbitration Council postponed the session. The case had been summoned to second after two (2) working days from the date the labour arbitration Council decided to postpone the first session that one of the two parties to the dispute are absent without justifiable reasons, the labour arbitration board was still meeting and formed a reconciliation does not have the signature of the parties to the dispute to be present , of the Chairman, the Secretary of Labor Arbitration Council.
b) When either side of the labor dispute have full side at the meeting, the labour arbitration Council proceed according to the following sequence:-statement of reasons of the session;
-Introduction of participants;
-The petition for labor dispute resolution presentation;
-Sides are asked to solve the labor dispute;

-Secretary of Labor Arbitration Council presented the evidence, documents have collected and make reconciliation to the members of the Council participate in commenting and unification under the principle of majority. by secret ballot;
-Chairman of the Board of arbitration of labor make reconciliation.
c) in the case of labour disputes order party reconciliation or conciliatory approach agreed by the labour arbitration board the Arbitration Board established a labour reconciliation (form 4 attached to this circular) signed by the two parties to the dispute, President , Secretary of Labor Arbitration Council and submitted to the two parties to the dispute. The two sides dispute are obliged to accept the agreements recorded in the minutes of settlement.
d) in the case of either side of the labor dispute does not accept the scheme of conciliation by the labour arbitration Council put out or were summoned to the second time that one of the two parties remain absent without good reason, the labor arbitration councils set up a reconciliation (form 4 attached to this circular) , which clearly the opinion of the parties; the minutes must be signed by the parties in dispute, the Chairman of the Arbitration Board, the Secretary of labor.
The minutes shall be sent to the parties to the dispute within a period of not more than one (1) working day from the date of establishment of a reconciliation.
3. The order and procedure for resolving a labor dispute Labor Arbitration Council for enterprises in the business category not strike a maximum of five (5) working days from the date of receiving the petition to solve labor disputes, the labour arbitration Council must be held to solve.
a) Labor Arbitration Council procedure under paragraph 1 and the points a, b Paragraph 2 of section III of this circular.
b) in the case of the two parties themselves are unanimously or reconciliation reconciliation projects due to labor arbitration board the Arbitration Board established labor thereon and conciliation decision to settle labor disputes by conciliatory approach (according to the model No. 5 attached to this circular).
c) in the case of conciliation fails, the labor arbitration councils set up a reconciliation failed and the decision to solve the labor dispute (form No. 5 attached to this circular).
d) decided to tackle the labour arbitration board was discussed and voted on the principle of majority by secret ballot. If over 50% of the votes of the members of the Board present labor arbitration endorsed the settlement plan decisions that effect.
The case of a dispute or a party on both sides of the dispute do not agree with the decision of the labour right to ask courts to resolve under the provisions of the law.
The decision of the labour arbitration Council on resolving the dispute is sent to either side of the dispute within a period of not more than one (1) working day from the date of signing of the decision.
4. The language used in the process of reconciliation, to resolve the labor dispute in the labour arbitration Council voice and text used in the process of reconciliation, to resolve collective labour disputes in the labour arbitration Council is Vietnamese. In the case of one or both parties to the dispute does not use are Vietnamese, employers are responsible for arranging interpreters meet the requirements to serve the process of reconciliation and to resolve the labor dispute.
IV. IMPLEMENTATION 1. This circular effect after 15 days from the date the report.
Abolish circular No. 02/LĐTBXH-TT August 1, 1997 of the Ministry of labor, invalids and Social Affairs guidelines decision No. 766/TTg dated 08/10/1996 of the Prime Minister on the establishment of Labor Arbitration Council.
2. provincial people's Committee is responsible for establishing and directing the activities of Labor Arbitration Board under the guidance of this circular.
3. in the implementation process, if there are obstacles, the proposal reflects on the Ministry of labour, invalids and Social Affairs to promptly resolve./.