A labor conciliator is a person involved in resolving disputes between employees and employers, playing an intermediary role to support the parties in reaching a conciliation agreement.
Therefore, to ensure the quality of operations, the law sets strict standards and conditions for this position.
According to Article 92 of Decree 145/2020/ND-CP, labor mediators must meet the following conditions: be Vietnamese citizens with full civil act capacity, good moral qualities, good health, university degree or higher, and at least 3 years of experience in the field related to labor relations.
In addition, they are not subject to criminal prosecution or have completed their sentences but their criminal records have not been cleared.
In addition, Clause 1, Article 94 of this Decree also clearly stipulates the cases leading to the dismissal of labor mediators. One of the important bases is: if the mediator is assessed as not completing the task for 2 consecutive years, according to the management regulations, he/she will be considered for dismissal.
Other cases leading to dismissal include: having a request to stop being a mediator, not meeting the prescribed standards, violating the law causing harm to the parties or the interests of the State, or refusing to participate in mediation for 2 or more times without a legitimate reason.
Thus, being assessed as not completing the task for 2 consecutive years not only affects the professional reputation but also serves as a legal basis for dismissing a labor mediator in accordance with legal regulations.