CIRCULAR Guide made the decision No. 744/TTg, dated 08/10/1996 of the Prime Minister on the establishment of Labor Arbitration Council granted the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to decision No. 744/TTg, dated 08/10/1996 of the Prime Minister on the establishment of the labour arbitration board, after obtaining the opinion of the Organization the Government officer at no. 2, TCCB-TC on 02/01/1997; The Ministry of Finance No. 4526 TC/CSTC on 13/12/1996 and the Vietnam General Confederation of labor in no. 1589/TLD on December 30, 1996;
The Ministry of labor, invalids and Social Affairs on the specific task instructions, powers and mode of operation of the labour arbitration board granting the province as follows: i. the TASKS and POWERS of the LABOUR ARBITRATION BOARD.
1. the labour arbitration board has the task of reconciliation and resolve collective labor dispute between labor and the collective use of local provincial labor under the petition of the litigant parties and after the Council reconcile labor base or mediators of the agency-level labor conciliation fails.
2. labour arbitration board have the right to:-learn the case, met the parties to the dispute, the people involved, the witnesses;
-Collecting material evidence, requires litigants to offer full of documents related to the dispute;
-Request the parties privy to the session of conciliation and dispute resolution of the Council;
-Make reconciliation so that the two sides of the same dispute to consider, negotiate.
-The decision to resolve the dispute if mediation fails;
II. ORGANIZATION of the PROVINCIAL LABOUR ARBITRATION: 1. the number of members of the Board of the provincial labour arbitration according to paragraph 1 article 2 shall be as follows: the labour arbitration Council of the city of Hanoi and Ho Chi Minh City consists of 9 members, the labour arbitration Council of the rest consists of 5 or 7 members in which:-Chairman of the Board: the Director or Deputy Director of the Department of labor, invalids and Social Affairs. -Members: + a member representing labor unions.
+ A Member representative of employers who were chosen among the employers, by the legal organizations of employers who nominated (the Council of the Union of cooperatives, the provincial merchant Society, Club Director ...).
+ A dedicated membership Secretary of the Board is the Department of labor, invalids and Social Affairs.
+ A or some of the members are lawyers, managers, social activists have understanding the socio-labour field and the local prestigious by the Fatherland Front, the central cities of nominations.
2. In addition to the number of official members, the Department of labor, invalids and Social Affairs, the provincial Federation of labor and the representative organizations of the employers who each nominated one more body into 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 as Associate Director or Director to replace the President of the Council when it is absent.
-Dedicated membership Secretary of the labour arbitration board were provincial allowance served as head of the Department (coefficient of 0.4 for Hanoi and Ho Chi Minh City; coefficient of 0.3 for the rest of the province, City).
Our members operate under the concurrent mode when participating in meetings of the Board of arbitration to mediate and resolve labor disputes enjoy fostering mode is 15,000 VND/person for a meeting of the Council, (use by decision No. 154/TTg, dated 12/3/1996 of the Prime Minister on the implementation of fostering mode trial).
The members of the Council of provincial labour arbitrators are the Department of labor, invalids and Social Affairs to provide information on the provisions of the labor law, are to attend the classes of labour law by the Agency of labor, invalids and social organization.
3. The Council of the provincial labour arbitration based in the Department of labor, invalids and Social Affairs, has its own stamp; Active funding due to the budget level are synthesized in the estimation of the annual budget of the Department of labor, invalids and Social Affairs.
The Department of labor, invalids and Social Affairs layout location, media work, assigning a number of officers in the Department to help the Board and ensure the conditions necessary for the operation of provincial Arbitration Council.
4. The Chairman and the members of the Board of arbitration, including provincial workers into membership by the Chairman of the provincial people's Committee appointed, dismissed the proposal of the Director of the Department of labor, invalids and Social Affairs the same organizing Committee Chief after the provincial Government agreed with the opinion of the Organization have members join the labour arbitration Council.
III. OPERATING PRINCIPLES of the BOARD of the PROVINCIAL LABOUR ARBITRATION 1-the term of the Board member is three years of labor.
2-the Council of provincial labour arbitration and conciliation to resolve collective labour cháp war going on in the province.
3-In the slowest time is 10 days from the date of the petition of the parties to the dispute, the Arbitration Board to provincial labour meeting to reconcile and resolve collective labour disputes. Meeting at least 5 days before the Secretary of the Board has a responsibility to provide for the members of the Council, representatives of the two sides dispute: application, document, the evidence related to the dispute and announced the list of members of the Board participate in dispute resolution, time , the location of the meeting of the Council of labor arbitration.
4-When the labour arbitration Council to reconcile, to resolve collective labor disputes, authorized representatives of the two sides labor dispute must be present; If either side disputes the second absence (by summons) without justifiable reasons, the labour arbitration Council granted the meeting still a decision resolving the dispute.
At the meeting, after hearing the litigants presented and on the basis of the evidence, the documents were collected, dedicated members of the Council drafted reconciliation approach to the members of the Council participate in comments and the President of the Council brought reconciliation to approach the parties dispute the review. In case the two sides agreed on the establishment of the reconciliation proceedings signed by the two parties to the dispute, the Arbitration Board Chairman of labor. The two sides dispute are obliged to accept the agreements recorded in the minutes of settlement. In the case of conciliation fails, the dedicated members of the Council of the draft decision to the Council discussion and voting by secret ballot. The decision for discussion and voting by secret ballot. The decision of the labour arbitration Council on resolving the dispute was immediately notify either side of the dispute, if the two sides do not have opinions, the decision naturally has the effect. The case of the labour collective or the employer does not agree with the decision of the Arbitration Board shall have the right to make labor as defined in article 172 of the labor law.
5-When the labour arbitration Council granted the meeting to reconcile and resolve collective labour disputes, the number of members of the Council are too retail and must necessarily be members of the Department of labor, invalids and Social Affairs, the labour unions and representatives of those employers.
The case has members please absent from Board meetings, the members of which are reported to the President of the Council. In case one or both sides of the dispute have asked to change the membership of the labour arbitration board and that that Member does not guarantee the objectivity, fairness in resolving disputes (like or relatives who have interests related directly or personally assigned to a party dispute) it must have sent the Council for at least 3 days ago When the Council reconcile, settle the dispute to the Chairman of the labour arbitration decision review. The replacement of members in each meeting of reconciliation and collective dispute resolution by the President of the Board of arbitration decisions and are selected from among members of the Organization have official members absent or changed at the request of the parties to the dispute.
6-the voice, the written word is used in the process of reconciliation, to resolve collective labour disputes in the labour arbitration Council is Vietnamese.
7-application of conciliation, settlement of collective labor disputes, the conciliation proceedings and the decision of the labour arbitration board granting the right to use according to the model defined by the Ministry of labor, invalids and Social Affairs (annex 1, 2, 3 attached).
8-the Council of provincial labour arbitration regular meeting January 6 times to review, content review, the results of operations of the Board and report people's Committee Chairman, Minister of labor, invalids and Social Affairs.
IV-IMPLEMENTATION 1-this circular base, Director of the Department of labor, invalids and Social Affairs to prepare human resources, contents and the conditions required, the Chairman of the provincial people's Committee decision established the labour arbitration Council.
2. The Chairman of the provincial people's Committee based on the required reconciliation, to resolve collective labour disputes on the area's local to specific decisions establishing the labour arbitration Council.
3. This circular is effective from the date of signing.
4. what implementation obstacles to timely reflect the recommendation of the Ministry of labor, invalids and social research.