Circular No. 23/2007/TT-BLDTBXH dated October 23, 2007 of the Ministry of Labour, War Invalids and Social Affairs guiding the organization and operation of labor arbitration councils
THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, October 23, 2007
GUIDING THE ORGANIZATION AND OPERATION OF LABOR ARBITRATION COUNCILS
Pursuant to the Governments Decree No. 133/2007/ND-CP of August 8, 2007, detailing and guiding the implementation of a number of articles of the Law Amending and Supplementing a Number of Articles of the Labor Code regarding the settlement of labor disputes (below referred to as Decree No. 133/2007/ND-CP);
Pursuant to Decree No. 122/2007/ND-CP of July 27, 2007, providing for the list of enterprises banned from strike and the handling of requests of labor collectives at those enterprises (below referred to as Decree No. 122/2007/ND-CP);
Pursuant to the Governments Decree No. 29/2003/ND-CP of March 31, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;
Vie Ministry of Labor, War Invalids and Social Affairs guides the tasks, powers, organization and operation of Labor Arbitration Councils as follows:
I. TASKS AND POWERS OF LABOR ARBITRATION COUNCILS
1. Tasks of a Labor Arbitration Council
a/ To conciliate interest-related collective labor disputes between labor collectives and employers;
b/ To settle collective labor disputes between labor collectives and employers at enterprises on the list of those banned from strike provided for in Decree No. 122/2007/ND-CP.
2. Powers of a Labor Arbitration Council
a/ To inquire into disputes, meet disputing parties, related persons and witnesses;
b/ To gather documents and evidence, request disputing parties and related persons to supply all documents related to disputes;
c/ To request disputing parties to attend meetings on conciliation or settlement of disputes convened by the Council;
d/ To suggest conciliation solutions to disputing parties for consideration and negotiation;
dd/ To make records of successful or unsuccessful conciliation;
e/ To issue decisions on settlement of disputes at enterprises on the list of those banned from strike;
g/ To provide professional guidance on labor dispute conciliation to grassroots conciliation councils and local labor conciliators.
h/ The Councils secretary is entitled to benefits provided for in Clause 5, Article 11 of Decree No. 133/2007/ND-CP. Other members of the Council working on a part-time basis to conciliate and settle labor disputes, including scrutinizing dossiers and meeting disputing parties to collect documents and evidence, are entitled to allowances equivalent to court session allowances for peoples jurors under the Prime Ministers Decision No. 241/2006/QD-TTg of October 25, 2006, on court session allowances.
3. Tasks of the chairman of a Labor Arbitration Council
a/ To administer all activities of the Council, preside over meetings on conciliation and settlement Of labor disputes;
b/ To assign specific tasks to the Councils members;
c/ To sign the Councils records and decisions on settlement of labor disputes;
d/ To sign for promulgation the Councils operation regulation;
dd/ To organize professional training and retraining courses on conciliation and settlement of labor disputes;
e/ To make annual or extraordinary reports on the Councils operation.
4. Tasks of the secretary of a Labor Arbitration Council
a/ To act as the Councils standing member to perform administrative and organizational tasks, ensuring the Councils operation;
b/ To receive dossiers of and inquire into labor disputes;
c/ To gather related evidence and documents;
d/ To prepare for the Councils meetings;
dd/ To carry out procedures for and make records at the Councils meetings on conciliation or settlement of labor disputes.
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