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A labor arbitrator is a person who understands the law, has experience in the field of labor relations, and is reputable and fair. So, how does one become a labor arbitrator? What are the regulations on labor arbitration in Vietnam?
Member of the labor arbitration council
According to Clause 2, Article 185 of the Labor Code 2019, the number of labor arbitrators of the Labor Arbitration Council shall be decided by the President of the provincial People’s Committee, at least 15 people, including an equal number nominated by the parties, specifically:
a) At least 05 members are nominated by the specialized labor agency of the People’s Committee of the province, in which the Chairman of the Council is the representative of the leadership and the secretary of the Council is a civil servant of the specialized agency on labor under the Provincial People’s Committee;
b) At least 05 members are nominated by the provincial trade union;
c) At least 05 members are unanimously nominated by representative organizations of employers in the province.
Criteria to become a labor arbitrator
According to Article 98 of Decree 145/2020/ND-CP, the criteria and conditions to become a labor arbitrator are:
- Being a Vietnamese citizen, have full civil act capacity as prescribed by the Civil Code, have good health and moral qualities, and have a good reputation and fairness.
- Having a university degree or higher, understanding the law, and having at least 05 years working in the field related to labor relations.
- Not being prosecuted for penal liability or serving a criminal sentence or having completed the sentence but not yet having a criminal record remission.
- Being nominated by the Department of Labor, War Invalids and Social Affairs or the Provincial Labor Confederation, or the employer’s representative organization in the province to act as a labor arbitrator according to the provisions of Clause 2, Article 185 of the Labor Code No. 45/2019/QH14 dated November 20, 2019.
- Not being judges, procurators, investigators, enforcers, civil servants of people’s courts, people’s procuracies, investigating agencies, or judgment enforcement agencies.
In addition, Clause 3, Article 185 of the Labor Code 2019 also stipulates the standards and working regime of labor arbitrators:
- A labor arbitrator is a person who understands the law, has experience in the field of labor relations, and is reputable and fair;
- When nominating a labor arbitrator, the specialized labor agency under the provincial People’s Committee, the provincial trade union, or the employer’s representative organization may appoint a person from the agency or organization, or appoint another person who fully meets the criteria for a labor arbitrator as prescribed;
- The Secretary of the Labor Arbitration Council performs the standing duties of the Labor Arbitration Council. Labor arbitrators work on a full-time or part-time basis.
ASL LAW is the top-tier Vietnam law firm for Employment and Labor Law. If you need any advice, please contact us for further information or collaboration.
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