LABOR CONCILIATORS APPOINTED BY THE CHAIRMAN OF PEOPLE’S COMMITTEE
This is the new regulations of the Decree No. 46/2013/ND-CP May 10, 2013 of the Government on the implementation of some Articles of the Labor Code regarding labor disputes.
Accordingly, labor conciliator’s standards must be Vietnamese citizens, having full capacity for civil acts, good health and ethics; not be the persons who are being examined for penal liability or serving sentence; be well-informed about labor law and related laws and have 03 years working in areas relating to labor relation, having skills in conciliation of labor disputes, especially, be appointed by the Chairmen of the provincial People’s Committee with 5-year term.
Besides, labor conciliators shall be entitled to allowance regime for the days on which they are assigned to conduct conciliation of labor disputes, contracts of vocational training in the manner same as jurors according to regulation on the allowance regime for persons participating in court sessions, sessions of meeting to solve civil cases; be entitled to be paid working-trip allowances for the days on which they conduct conciliation in accordance with the existing regime on working-trip allowances and be ensured necessary conditions on meeting room, documents, stationery servicing conciliation of labor disputes.
Beside above provisions in this Decree, the Government also promulgates to exempt labor conciliator if failing to finish the conciliation task or committing acts in breach of law, misusing prestige, competence, responsibilities to cause harm to benefits of parties or benefits of State during conciliation or refusing the conciliation task for twice or more when be assigned to participate in solving labor dispute or dispute on contract of vocational training without legitimate reason.
Besides, the Government also regulates 05 cases to suspense strike as strikes expected to organize at units providing services of electricity, water, public transport and other services; strikes expected to organize at localities where are happening activities aiming to prevent, remedy consequences of calamities, fires, epidemics or emergency cases; strikes happen at localities where appear calamities, fires, epidemics or emergency cases; strikes happen to the third day at units providing services of electricity, water, public sanitation and strikes happen together with acts of violence, disturbing, affecting to assets, life of investors and so on.
This Decree takes effect on July 01, 2013 and replaces the Decree No. 133/2007/ND-CP dated August 08, 2007 and the Decree No. 12/2008/ND-CP dated January 30, 2008.
