When Labour Dispute over Bonus Issue Arise and
How to Resolve?
According to the provisions the Labor Code,
the bonus, also known as the “other supplement”, is one of the main contents of
the Labor Contract. Specifically, bonus is understood as a sum of money paid by
an employer to the employees on the basis of annual business results and the
level of work performance of employees. When the dispute arises, the employer
or the employee could consult with labour dispute lawyers in Vietnam to handle
the matter effectively.
Related post: How to Resolve Disputes in Labour
in Vietnam?
Bonus regulations of
each company must be decided and publicly announced by the employer at the
workplace after consultation with the representative organization of the
grassroots-level employees’ collective. However, there are companies that do
not specify bonus regulations or companies with unclear bonus regulations
referring to such generally as “based on capability”, or “based on work
results” without referring to specific key performance indicator (KPI). Such
regulations will easily cause labor disputes. In most of the case, the employee
would face disadvantage because the employer will be the one whom make the
final decision on whether or not the capability or work results are satisfied.
A labor dispute means
a dispute over rights, obligations and interests among the parties during the
establishment, execution or termination of labor relation; a dispute between
the representative organizations of employees; a dispute over a relationship
that is directly relevant to the labor relation. Labor disputes over bonuses can
be individual labor disputes or collective labor disputes. The competence
authority to settle labor disputes belongs to the Labor Mediator, the Labor
Arbitration Council, and the People’s Court. Normally, individual labor
disputes or collective labor disputes must go through the mediation procedure
of the labor mediator before referring to the court to settle, unless otherwise
provided for by law.
For individual
disputes, in case the conciliation is unsuccessful or either party fails to
implement the agreements in the minutes of successful conciliation or the
settlement time limit expires but if the labour conciliator fails to conduct
conciliation, each disputing party has the right to request a court or
arbitration council for settlement.
For collective
disputes over bonuses, in case the conciliation is unsuccessful or one of the
two parties fails to implement the agreements in the minutes of successful
conciliation, the parties have the right to request the President of the
district-level People’s Committee to resolve the dispute. If the parties
disagree with the decision of the President of the People’s Committee of the district
or beyond the time limit but the President of the People’s Committee of the
district does not settle, the parties have the right to request the Court to
settle. In such situation, a litigation lawyer would be engaged to assist for
productive result.
ANT Lawyers – A law firm in Vietnam,
always follow up the labour matters to update clients on regular basis.
Source
ANT Lawyers : https://antlawyers.vn/library/when-labour-dispute-over-bonus-issue-arise-and-how-to-resolve.html
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