Main tasks and practical skills
- When Judges research the case file they need to pay attention to the following:
- The Labour Contract (in writing or oral) is an important piece of evidence and must be researched first when resolving a case on a labour dispute.
- Researching contains points agreed in the Labour Contract (or oral agreement) between employee and employer (about the type of contract, work, place, salary, social insurance, other conditions...). These points must then be compared with labour laws and regulations on collective agreement. If a part or whole of the labour contract differs from the labour laws and/or the collective agreement, the Judge will announce the Labour Contract either partially or wholly invalid. (Article 16 Decree No. 44/2003)
- Where the duration of work is not specified in an employment contract and the employee has worked for 12 months or more doing indefinite work or the employee has worked on an assignment whose duration is 36 months or more, the contract must be considered as having no duration of work; if work assigned to the employee has a fixed duration between 12 months and 36 months, the contract must be considered as having the duration of work.
- Whether employee is servant and worker for a State enterprise that concludes Labour Contracts of indefinite duration according to Article 12 Decree 198/CP dated 31.12.1994.
- If employees are foreigners, they will be granted work permit by Ministry of Labour - - Social
Determining when employment disputes arise:
- To terminate an employment contract, the employer can give several notices to the employee. The time of termination can be identified based on these notices or on the date when employee actually stops working. .
- Defining the time the dispute arose also defines the period of compensation and other legal interests.
- Examining resolved steps between employer and employee
- The specified amount of money the employee received. Next requirements of employee
- Other requirements of employee
- Other relevant contents.
- Collective agreement, Internal regulations of enterprise, other regulations of employer and whether these differ from the labour laws or not
- Regulations on work and break time, labour safety, labour sanitation
- Other employee’s rights and interest which are implemented compulsorily by laws
- Other relevant Laws need to apply (refer to Section of list relevant legal documents)
|
