compel the parties to comply with that decision. If the parties do not voluntarily comply, the arbitration decision may be enforced by order of a competent State agency.
Along with its final value, a labor arbitration decision is also a combination of legal and social values.
The legality of an arbitration decision is reflected in the fact that in order to make a decision to resolve a dispute between the parties, the arbitrator or the Arbitration Council must base itself on the positive law system on the content as well as the procedure to ensure the principle of legality in arbitration proceedings. In addition, the arbitration decision is also based on documents, evidence, and social needs. Therefore, an arbitration decision must always be accurate to be able to be enforced.
In addition to the legal aspect, the social aspect is also clearly reflected in arbitration decisions. The social aspect is reflected in the fair decisions of the arbitration council, through the organizational structure of the labor arbitration councils and the participation of all parties involved in the labor dispute. These factors make arbitration decisions quite different from those of the court. However, these factors can make it difficult for arbitration decisions to be thoroughly implemented in practice if there is a lack of coordination between labor arbitration, the People's Court as well as the enforcement agency system.
Resolving labor disputes by court
Maybe you are interested!
-
Comparing Vietnamese and Chinese laws on labor dispute resolution - 2 -
Comparison of Vietnamese and Chinese laws on labor dispute resolution - 1 -
General Overview of Civil Dispute Resolution on Rights -
Managing short-term vocational training activities at the Center for General Technical - Career Guidance - Vocational Training in Kinh Mon district, Hai Duong province to meet local labor needs - 15 -
Land Dispute Resolution - 15
The court is the method of resolving labor disputes chosen by the parties when the methods of negotiation, conciliation, and arbitration do not achieve the expected results. The court is the only agency with the authority to issue a judgment of state power to resolve labor disputes between the parties. The resolution of labor disputes in court is conducted according to
strict procedural rules, with specialized judges with high professional qualifications, the judgments are guaranteed to be enforced by the coercive power of the State based on the evidence provided by the parties and the provisions of the law. This is the outstanding advantage of this dispute resolution method compared to the above methods. However, dispute resolution in court also has many limitations. It is a complicated dispute resolution procedure, costly in time and money of the parties, time-consuming while conflicts in labor relations are urgent conflicts that need to be resolved promptly. The delay in the process of resolving labor disputes in court can lead to unnecessary tensions when the dispute involves the interests of many subjects.
In short, the purpose of resolving labor disputes is to quickly and definitively resolve ongoing disagreements and conflicts. The task that the parties set is to find convincing and reasonable solutions to end the conflict on the basis of reasonably satisfying the requirements. Therefore, the use of an effective method of resolving labor disputes is a very important issue that requires the parties to consider and choose appropriately.
1.3. General issues on labor dispute resolution laws between Vietnam and China
1.3.1. Some features of China's labor law and labor dispute resolution regulations
Since the beginning of reform and opening up, especially in the last two decades, China has used law to manage all aspects of the country's affairs. China has stepped up the construction of the legal system, promulgated a series of laws and regulations, which have provided legal guarantees for
The successful development of the country's reform and modernization process. In addition to the construction and improvement of the general legal system, legal regulations on labor dispute settlement have also been gradually built and improved. Legal regulations on labor dispute settlement in China began to be built in 1950, marked by the Regulations on the Organizational Structure of the Municipal Labor Dispute Arbitration Committee, issued in June 1950, and the Regulations on Labor Dispute Settlement Procedures issued by the Labor Code with the approval of the State Administrative Commission in November 1950. However, since 1957, due to the planned economy and unified public ownership, the system was suspended for 30 years until July 31, 1987, when the State Council issued the Provisional Regulations on the Settlement of Labor Disputes in Enterprises , which played a role in restoring the entire system of labor dispute settlement that had been interrupted for the past 30 years. The issuance of the Provisional Regulations on the Settlement of Labor Disputes in Enterprises brought the issue of labor dispute settlement into the legal orbit, contributing greatly to protecting the legitimate rights and interests of state-owned enterprises and workers, maintaining production order and social order. However, with the formation of a market economy, the process of extensive reform of the labor system, labor relations have become more diverse and complicated, making the Provisional Regulations on the settlement of labor disputes in enterprises no longer suitable for the changing situation because it has a narrow scope of application, is only prescribed for a small number of enterprises and does not have a clear arbitration procedure. In that situation, on June 11, 1993, the State Council passed the Regulations on the settlement of labor disputes in enterprises, effective from August 1, 1993, replacing the Provisional Regulations on the settlement of labor disputes in enterprises in 1987. The scope of settlement according to the new regulations is
Extended to disputes occurring in all enterprises operating within China's borders, disputes handled may arise from: 1) Termination and early termination of labor contracts; 2) Non-compliance with state regulations on wages, social insurance, occupational safety, training allowances and welfare, etc. In the process of resolving labor disputes, the Arbitration Council will establish an arbitration court. When a dispute arises, the directly involved parties will attempt to resolve it through discussion and negotiation. If one party refuses to negotiate directly with the other party or the negotiation fails, the dispute will be referred to the Enterprise Labor Dispute Conciliation Council for conciliation. The new regulations also allow direct requests to the local Arbitration Council. Arbitration awards can be appealed to the People's Court. These regulations play an important role in perfecting the legal system on labor dispute settlement, promoting the process of building a legal system, protecting the rights and interests of enterprises and workers, maintaining production order and harmonizing labor relations, thereby contributing to the smooth progress of the reform process. Then, on July 5, 1994, China passed the Labor Code, Chapter X stipulating the structure and procedures for labor dispute settlement, which marked the establishment of a relatively complete labor dispute settlement system in the Chinese legal system. Currently, the labor dispute settlement system takes the Labor Code as the legal foundation plus other principles and regulations, such as: Regulations on labor dispute settlement in enterprises, Regulations on the organizational structure and working procedures of the Labor Dispute Arbitration Committee and Regulations on the selection of labor dispute arbitrators [44]. It can be said that the promulgation of the Labor Code by China has marked a new stage of development in the process of building and perfecting the labor law system. The Labor Code plays a great role in regulating
comprehensive labor relations, protecting the legitimate rights and interests of both employees and employers. Based on international labor law systems, unified basic labor standards and a series of specific regulations to protect the legitimate rights and interests of employees and employers have been established. The regulations have fully explained the basic principles of equal relations and fair competition among subjects in the market economy. The promulgation and implementation of the Labor Law in 1994 filled the gap left in the legislative process of Chinese labor law [44].
Immediately after the promulgation of the 1994 Labor Code, China issued a series of documents to specify the provisions of the law in the field of labor in general and the settlement of labor disputes in particular, such as: December 1994 issued a document entitled: Regulations on collective labor agreements - regulating the signing and appraisal of collective labor agreements as well as dispute settlement, November 2000 issued a document: Temporary measures on collective bargaining - regulating that collective bargaining is an important part of the collective labor agreement system. The Labor Contract Law of 2007, and especially with the 10th National Congress, on December 29, 2007, passing at the 31st session of the Standing Committee, a separate law regulating the conciliation and arbitration of labor disputes called the Law on Conciliation and Arbitration of Labor Disputes of the People's Republic of China, detailing the content, purpose, and procedures for settlement through conciliation and arbitration, as well as dispute settlement under the tripartite mechanism, have contributed significantly to limiting and resolving labor disputes that have occurred in China in recent times.
Obviously, China's policy and legal reforms have contributed to creating a legal corridor to protect subjects participating in labor relations, helping China's labor law system to comply with the standards of the International Labor Organization - ILO and creating peace of mind for foreign investors when they want to invest in the Chinese labor market.
1.3.2. Factors affecting the law on labor dispute resolution between Vietnam and China
Political factors
The political factor is one of the most prominent and obvious features in the organization and operation of the state apparatus of the two countries. This is demonstrated in the steadfast path of building the country along the path of socialism, upholding the principle of ensuring the leadership of the Communist Party over the state.
In the political system, the Communist Party - as the vanguard, representing the will and aspirations of the majority of the working class and working people - plays the role of the key political force leading the entire society, the core of the political system. The leadership role of the Communist Party of the two countries has been affirmed and tested in the reality of the struggle for national liberation, in the cause of building and defending the country. The Party outlines the political guidelines, policies and strategies for economic, cultural and social development of the country, on that basis the State has the responsibility to institutionalize them into legal regulations. The leadership of the Communist Party stems from the nature and inevitable requirements of the socialist regime, the Party's policies and strategies are all aimed at the goals of fairness, democracy and social progress.
With the principle of ensuring the Party's leadership over the state, all viewpoints and policies of the Party in each historical period have influence.
greatly to the construction and implementation of positive law in general, labor law in particular, including law on labor dispute resolution.
The Party leads the state through propaganda, education, mobilization, persuasion, and through the self-example of Party members in the state apparatus. The Party leads the state but does not act in place of the state. All Party organizations operate within the framework of the Constitution and the law [26].
Economic factors
Vietnam and China have in common that their economies have existed for a long time as subsidized economies with state intervention and the management method is mainly administrative orders, which has caused the economies of both countries to stagnate and not develop. The highlight of this mechanism in production and business is the planned allocation regime and the leading role of the state in the state-owned economy. State-owned enterprises are only considered as dependent economic units, not autonomous economic units, self-employed, and self-loss. In terms of labor, the state is like the largest employer, directly providing a distribution and management system to each individual worker with the purpose of encouraging and motivating workers to perform through planned targets.
The transition to a period of a multi-sector commodity economy operating under a market mechanism regulated by the state has changed the face of social life. The relationships arising in a market economy are diverse, rich, dynamic and complex. That poses an urgent requirement for a complete and comprehensive legal system to regulate economic relations. The law must create a legal corridor for organizations and individuals to operate. At the same time, as a management entity, the state relies on its authority to regulate production and business activities.
With the market mechanism, both Vietnam and China have created a qualitative change in labor relations compared to the previous planning period. The clear change in labor relations is not simply the recruitment regime, the subsidy regime but also the change in the economic status, the legal status of the parties in the labor relations, the labor contract signing regime. The State has escaped its monopoly position in labor relations. Labor relations in enterprises have been renewed, clearly forming two-sided relationships, one side is the employer, the business owner and the other side is the wage earner. Labor is respected and considered as a "special commodity".
In a market economy, labor relations are built on the foundation of mutually beneficial cooperation, on the basis of mutual understanding and concern to achieve the common interests set by each party. However, due to the goal of achieving maximum benefits, it is difficult for the two parties to reconcile their interests throughout the process of implementing labor relations and conflicts are inevitable. In general, misunderstanding, infringement of each other's rights and interests, and disagreements... can all be the causes of labor disputes.
Furthermore, both Vietnam and China are currently members of the World Trade Organization (WTO), China officially joined on November 11, 2001, Vietnam officially joined on November 7, 2007. This means that joining this organization, the laws in general and the laws on labor dispute resolution in particular of both countries must be adjusted to conform to the practices and laws of other countries in the world to meet the general integration trend, as well as in creating an effective investment environment to attract maximum foreign investment sources.