Employee Defence Attorney
In the process of working under an employment contract, disagreements may arise between employees and businesses. If these disagreements cannot be resolved through negotiation promptly, they can escalate into conflicts and disputes. In such situations, employees often find themselves at a disadvantage due to a lack of familiarity with legal regulations, making it challenging for them to protect their legitimate rights and interests effectively.
Disputes often arisemost frequently between individual employees and businesses is the employment contract:
- Is the unilateral termination of the labour contract by the company in accordance with the law
- Has the company’s disciplinary action and dismissal been in compliance with legal regulations?
- Does the company have the right to request employees to sign a commitment not to work in the same field (to ensure that employees do not disclose business secrets)?
- If the company violates regulations, what can the employee do to protect their rights?
- Labour Code 2019
- Decree No. 145/2020/NĐ-CP
Solutions that Employees (NLĐ) Can Implement:
Negotiation with the Company. Employees can negotiate with the company on the emerging conflicts. This is the first step that individuals should take when disagreements are just arising, and tensions have not escalated. The parties can still engage in direct communication. If an employee feels unsure about legal matters, they can seek legal advice to understand their rights and obligations better and present appropriate viewpoints when discussing with the company.
Mediation with Labour Mediators:
When conflicts become tense, and normal communication is not possible, employees can bring the case to labour mediators (appointed by the Chairman of the Provincial People’s Committee) to request resolution. In some cases, mediation with labour mediators is a mandatory step before filing a lawsuit in court (or a labour arbitration council).
Resolution at the Labour Arbitration Council:
Resolving labour disputes at the Labour Arbitration Council can be faster than going through the court process. However, this option is effective only when both parties (employee and company) agree to choose this body for resolution. The decision of the Labour Arbitration Council does not carry the same legal weight as a court judgement. If the company does not comply with the decision, the employee may still need to file a lawsuit for enforcement.
Litigation in Court:
Filing a lawsuit is the final option to resolve conflicts between the parties. To initiate a lawsuit, the individual employee needs to prepare a dossier according to regulations (lawsuit application, personal documents, information about the defendant – the company, documents, and evidence supporting the lawsuit). At this stage, it is advisable for the employee to contact a lawyer for support (preparing the lawsuit application, determining the court with jurisdiction, collecting and preparing documents and evidence, and participating in court sessions, especially the trial).
In reality, resolving labour disputes always takes time, especially when using the court procedure. Therefore, it is advisable for employees to equip themselves with sufficient legal knowledge to address issues with the company as soon as a disagreement arises, avoiding the escalation of conflicts that cannot be resolved through gentle exchanges.
If it becomes necessary to resolve disputes in court (or a labour arbitration council), employees should contact legal service providers for support and advice. If you have any questions, do not hesitate to contact An Luật Việt Nam. Our company, with a team of experienced lawyers and consultants, is ready to guide clients in resolving issues and conflicts arising during employment. In cases requiring litigation, An Luật Việt Nam provides litigation services (drafting lawsuit applications, representing clients under power of attorney, lawyers participating in litigation, preparing counterclaims, appeals, etc.) to ensure the best protection of client rights in legal proceedings.