Tiếng ViệtIn today’s labor environment, labor disputes have become increasingly common — ranging from delayed salary payments and unlawful dismissals to violations of employment contracts. If not properly addressed, these conflicts can escalate into lengthy and costly litigation, seriously damaging a company’s reputation.
One of the most effective solutions under Vietnamese law is labor dispute mediation — a mechanism that enables employees and employers to reach quick, cost-effective, and mutually acceptable agreements while maintaining stable labor relations.
In this article, LexConsult & Partners provides a detailed analysis of the procedure, steps, and key legal considerations for labor dispute mediation under the latest 2025 regulations.
1. What Is Labor Dispute Mediation? Legal Basis 2025
1.1. Definition & Purpose of Labor Dispute Mediation
Labor dispute mediation is the process of resolving conflicts between employees and employers with the assistance of a labor mediator — a neutral third party officially recognized by state authorities.
The purpose of mediation is to help both sides reach a voluntary, timely, and cost-effective agreement, thereby minimizing legal risks and avoiding prolonged litigation.
In practice, labor dispute mediation may take place at:
– The enterprise or grassroots trade union;
– A labor dispute mediation center under a competent state agency;
– Or during the court’s handling of a labor dispute as prescribed by law.
1.2. Legal Basis for Labor Dispute Mediation under the 2019 Labor Code
Vietnamese law clearly stipulates the order and procedures for labor dispute mediation through the following legal instruments:
– Articles 187, 188, 189, and 190 of the 2019 Labor Code – governing principles, limitation periods, and procedures for mediating individual and collective labor disputes.
– Decree No. 145/2020/NĐ-CP, as amended by Decrees No. 35/2022/NĐ-CP, 10/2024/NĐ-CP, and 129/2025/NĐ-CP – providing detailed guidance on labor mediators, their powers, responsibilities, forms, and mediation procedures.
– Article 205 of the 2015 Civil Procedure Code – regulating mediation at the Court during the adjudication of labor disputes.
For a comprehensive overview of post-mediation procedures, refer to the article “Labor Dispute Resolution Process: A Step-by-Step Guide (2025)” for detailed insights into subsequent legal steps if mediation fails.
2. When Should Labor Dispute Mediation Be Conducted?
Most individual labor disputes must go through the mediation process before a lawsuit can be filed in court — except for certain cases explicitly exempted by law. Understanding when mediation is required helps both employees and employers comply with proper procedures and avoid having their lawsuits rejected by the court.
2.1. Cases Requiring Mandatory Mediation Before Litigation
Under Article 188 of the 2019 Labor Code, the following types of labor disputes must be mediated before filing a lawsuit:
– Disputes over wages, bonuses, allowances, or working conditions;
– Disputes concerning the performance of labor contracts or vocational training agreements;
– Disputes involving compensation for damages, disciplinary measures, or working/rest time.
Conducting mediation prior to litigation helps both parties save time and costs while maintaining stable labor relations.
2.2. Cases Exempted from Mandatory Labor Dispute Mediation
According to Clause 1, Article 188 of the 2019 Labor Code, some disputes may be brought directly to court without undergoing mediation, including:
– Unlawful dismissal or unilateral termination of employment;
– Disputes related to severance pay or compensation upon termination;
– Disputes over social insurance, health insurance, or unemployment benefits;
– Disputes between domestic workers and employers;
– Disputes involving enterprises dispatching workers abroad;
– Disputes between leased employees and the labor-leasing employer.
Additionally, under Article 205 of the 2015 Civil Procedure Code, the Court may still organize mediation during the trial process if both parties demonstrate goodwill and can agree on their respective rights and obligations.
3. Procedures and Legal Process for Labor Dispute Mediation Under the 2025 Regulations
Labor dispute mediation is a crucial first step before filing a lawsuit in Court, helping both parties save time, reduce costs, and maintain a positive employment relationship. Below is the detailed process and procedure for labor dispute mediation as prescribed in the 2019 Labor Code and Decree No. 145/2020/NĐ-CP (as amended and supplemented in 2025).
3.1. Submitting a Request for Labor Dispute Mediation
Either the employee or the employer may submit a request for mediation when they believe that their lawful rights or interests have been violated.
– Statute of limitations for mediation requests: 06 months from the date the violation is discovered (Clause 1, Article 190 of the 2019 Labor Code).
– Receiving authority: The labor mediator, the Division of Labor – Invalids and Social Affairs, or the Department of Labor – Invalids and Social Affairs (Clause 2, Article 95 of Decree No. 145/2020/NĐ-CP).
– Required documents:
-
-
Mediation request form for the labor dispute;
-
Labor contract, payroll, or termination decision (if any);
-
Documents and evidence proving the violated rights or interests.
-
3.2. Receiving the Request and Assigning a Labor Mediator
Once the request is received, the competent labor authority (Division or Department) will assign a labor mediator to handle the case.
– The mediator must act objectively and neutrally, ensuring that both parties comply with the legal procedure.
– Within 05 working days, the mediator must conduct and conclude the mediation (Clause 2, Article 188 of the 2019 Labor Code).
– During the mediation session, both parties present their claims, evidence, and engage in negotiation to seek a mutual resolution.
3.3. Conducting the Mediation Session and Preparing the Mediation Minutes
During the mediation session, the labor mediator will prepare an official mediation record, depending on the outcome:
| Situation | Result and Legal Effect |
|---|---|
| Both parties reach an agreement | A minutes of successful mediation is prepared and signed by both parties and the mediator. This record has binding legal effect. |
| The parties fail to reach an agreement | The mediator provides a proposed settlement plan for consideration. If no consensus is reached → a minutes of unsuccessful mediation is issued. |
| One party is absent twice without justification | A minutes of unsuccessful mediation is issued, serving as the basis for initiating legal proceedings. |
The mediation record can be used as evidence in court or before the Labor Arbitration Council if one party fails to comply with the agreement.
3.4. Next Steps if Mediation Fails
If mediation fails or the employer does not comply with the successful mediation record, the employee may:
– File a lawsuit with the competent People’s Court (Article 190 of the 2019 Labor Code);
– Request settlement by the Labor Arbitration Council (for collective disputes);
– Prepare a lawsuit dossier, including: the complaint, labor contract, mediation minutes, and evidence of the violation.
Understanding the process and procedures of labor dispute mediation not only helps employees protect their legitimate rights but also enables employers to resolve conflicts lawfully, reducing the risk of administrative penalties or prolonged litigation.
4. Key Notes and Legal Risks in Labor Dispute Mediation
While labor dispute mediation is an effective and cost-saving mechanism, lack of understanding of legal procedures can expose both parties to significant legal risks or unnecessary delays. Below are common issues that employees and employers should carefully note:
– Expired statute of limitations for mediation requests: Employees have only 06 months from the date they discover the violation to submit a mediation request (Article 190 of the 2019 Labor Code). Submitting the request after the deadline may result in rejection, loss of the right to mediation, and inability to claim compensation.
– Insufficient documentation or evidence: Labor contracts, payrolls, meeting minutes, and email correspondences are crucial evidence in mediation. Missing these documents can make it difficult for the mediator to verify the violation, thereby weakening the party’s position.
– Lack of goodwill during mediation: If one party refuses to cooperate, is absent, or intentionally delays the process, mediation may fail. Such behavior not only damages the party’s credibility but also strains employment relations and prolongs the resolution process.
– Mediation minutes lacking legal validity: The mediation record is only valid if prepared in the prescribed format and signed by both parties and the labor mediator. Missing signatures or incomplete information may render the minutes invalid, making them unusable as legal evidence.
– Unsuccessful mediation prolonging litigation: If no agreement is reached, the employee must proceed with a court lawsuit. Incomplete documentation or procedural errors may cause the court to reject the case, delaying the enforcement of rights and benefits.
– Negative impact on labor relations: Failed or poorly conducted mediation may destabilize the workplace environment, harm the employer’s reputation, and affect employee morale. To preserve a constructive relationship, it is advisable to conduct confidential negotiations with the assistance of an independent labor lawyer or mediator.
5. Labor Dispute Mediation Consulting by Lexconsult & Partners
When a labor dispute arises, understanding the procedure and your rights is not enough — you need legal experts to accompany you throughout the process to ensure that mediation is both effective and fully compliant with the law.
Lexconsult & Partners specializes in labor dispute consulting and representation in mediation, covering cases such as wage disputes, unlawful dismissal, severance allowance, unilateral termination of labor contracts, and compensation for damages.
Lexconsult’s Support in Labor Dispute Mediation
– Case analysis and assessment: Identify the legal grounds, rights, and obligations of both parties under the 2019 Labor Code.
– Preparation of mediation dossiers and requests: Draft and organize documents according to the correct legal format, ensuring sufficient evidence and submission to the competent authority.
– Representation during mediation: Work directly with the labor mediator, assist in negotiation, present claims, and propose favorable settlement options.
– Post-mediation consultation: Advise clients on next steps, including court litigation procedures in case mediation fails.
– Legal risk prevention: Provide consulting on internal labor regulations, employment contracts, and internal compliance processes to prevent future disputes.
Why Choose Lexconsult & Partners?
– A team of experienced labor lawyers, deeply knowledgeable in mediation and litigation procedures.
– Over 10 years of experience successfully handling labor disputes in both court and provincial-level mediation.
– Commitment to transparent consulting, clear pricing, and full support until the dispute is completely resolved.
6. FAQ – Frequently Asked Questions About Labor Dispute Mediation
What is labor dispute mediation?
→ It is the process in which the employee and employer negotiate and discuss to resolve conflicts regarding labor rights and obligations, with the participation of a neutral mediator appointed by a competent state authority.
When must labor dispute mediation be conducted?
→ Most individual labor disputes (such as wage, allowance, or contract termination issues) must go through mediation before filing a lawsuit. However, certain cases — including unlawful dismissal, social insurance, and overseas labor disputes — are exempt from mandatory mediation (Article 188 of the 2019 Labor Code).
How long does labor dispute mediation take?
→ Within 05 working days from the date the request is received, the mediator must conduct and complete the mediation session and prepare the mediation record (Clause 2, Article 188 of the 2019 Labor Code).
Who has the authority to conduct labor dispute mediation?
→ Labor mediators appointed by the Department or Division of Labor – Invalids and Social Affairs under the management regulations of the local authority.
Does the mediation outcome have legal validity?
→ Yes. A successful mediation record has binding legal effect. If one party breaches the agreement, the other may request the Court or Labor Arbitration Council to enforce or settle the dispute.
What should be done if mediation fails?
→ The employee may file a lawsuit with the competent People’s Court within 01 year from the date the violation is discovered (Article 190 of the 2019 Labor Code).
Is it necessary to have a lawyer during labor dispute mediation?
→ Not mandatory, but highly recommended. A labor dispute lawyer can help collect evidence, prepare valid documentation, and safeguard your rights throughout the mediation and litigation process.
In summary, labor dispute mediation is not only a mandatory pre-litigation step but also an effective mechanism to protect the lawful rights and interests of both employees and employers. Understanding the procedure, timelines, and legal validity of the mediation record helps all parties stay proactive, minimize risks, and save time.
If you are facing a labor dispute or need professional advice on labor mediation, contact Lexconsult & Partners — a team of experienced labor lawyers ready to assist you from negotiation and mediation to litigation.
📞 Contact Lexconsult & Partners today for comprehensive legal support, detailed procedural guidance, and optimal protection of your rights and interests.
📞 Hotline: 0938 657 775
📧 Email: info@lexconsult.com.vn
**Related Articles:**
