Article 35 of the Law on Trade Union 2024 stipulates the settlement of disputes over trade rights. Accordingly, the settlement of disputes on trade union rights in labor relations shall comply with the law on labor; The settlement of trade union disputes in other relations shall comply with the relevant law.
The law added: Disputes over trade rights related to the failure to perform or refusing to fulfill the responsibilities of the employer for the Trade Union not under the provisions of the two cases, the grassroots trade union or the superior trade union directly proposed the competent state agency to settle in accordance with the law.
Meanwhile, Article 30 of the 2012 Trade Union Law (currently effective) stipulates the dispute settlement of trade rights as follows:
When a dispute arises on trade union rights between trade union members, workers, trade unions and agencies, organizations and enterprises, the authority, order and procedures for settlement of disputes shall comply with the following provisions:
Disputes within the scope of rights and responsibilities of trade unions in labor relations, the authority, order and procedures for settlement under the law on labor dispute settlement; Disputes within the scope of rights and responsibilities of trade unions in other relations, the authority, order and procedures for settlement in accordance with the corresponding laws are relevant.
Finally, the dispute involves failing to perform or refusing to fulfill the responsibilities of the employer for the Trade Union, the grassroots trade union or the superior trade union directly proposes the competent state agency to settle or sue at the Court in accordance with the law.
Article 4 of the Trade Union Law 2024 defines: Trade Union rights are the right to establish, join and operate trade unions of workers, trade union members and the rights of trade unions in accordance with the law, regulations of competent agencies. The dispute over trade rights is a dispute arising between workers, trade union members, trade unions and employers on the implementation of trade unions or between trade unions and workers' organizations in enterprises on the organization and trade union activities.
