Tiếng ViệtIn business and production activities, labor disputes between employees and employers can arise in any enterprise — from issues of salary and bonuses to discipline and contract termination. In such situations, the role of trade unions in labor disputes becomes particularly significant.
Trade unions not only represent and protect employees’ rights and interests but also serve as a bridge for conciliation and dispute prevention, helping maintain a stable and lawful working environment.
This article by LexConsult & Partners provides an in-depth analysis of the role of trade unions in resolving labor disputes, along with practical procedures and legal guidance in accordance with the 2024 Law on Trade Unions and the 2019 Labor Code.
1. Definition and Legal Basis of Trade Unions in Labor Disputes
1.1. Definition of Trade Unions and Their Role in Labor Disputes
According to Article 1 of the 2024 Law on Trade Unions, the Vietnam Trade Union is a broad political–social organization of the working class and laborers, established on a voluntary basis and forming part of the political system under the leadership of the Communist Party of Vietnam. The trade union represents workers, officials, public employees, and laborers in protecting their lawful and legitimate rights and interests.
In labor relations, the role of trade unions in labor disputes is reflected in two main aspects:
– Protecting employees’ rights and interests: The trade union serves as a representative voice, helping employees understand and exercise their rights regarding wages, benefits, contracts, and working conditions.
– Mediation and conciliation: When conflicts arise between employees and employers, the trade union acts as a mediator, facilitating negotiation and conciliation to prevent escalation into complaints or lawsuits.
– Providing legal support: The trade union may participate in legal proceedings or represent employees in filing labor lawsuits, contributing to fairness and compliance with the law.
Thus, the trade union is not only a political–social representative organization but also a key actor in resolving labor disputes, helping to build a stable, transparent, and lawful working environment.
1.2. Legal Framework Governing the Role of Trade Unions in Labor Disputes (2024 Law on Trade Unions, 2019 Labor Code)
The role of trade unions in resolving labor disputes is clearly defined and guided by the following legal instruments:
– Law on Trade Unions 2024: Defines the position, functions, powers, and duties of trade unions in protecting employees, participating in mediation, and representing workers in labor proceedings.
– Labor Code 2019 : Establishes mechanisms for cooperation among trade unions, employees, and employers to build harmonious, stable, and progressive labor relations.
– Guideline No. 92/HD-TLĐ (2023) issued by the Vietnam General Confederation of Labor: Provides detailed guidance on trade unions’ right to initiate lawsuits and participate in civil proceedings to resolve labor disputes and employment-related cases before the People’s Court.
This legal framework serves as an essential foundation enabling trade unions to perform their representative function, protect workers’ rights, and actively participate in the labor dispute resolution process.
2. The Role of Trade Unions in Resolving Labor Disputes – Protecting Employees’ Rights and Interests
In labor relations, trade unions are not only representative organizations for employees but also key participants in the resolution of labor disputes, ensuring a fair balance between the lawful rights and interests of both parties. Under the 2024 Law on Trade Unions and the 2019 Labor Code, trade unions perform three essential roles throughout this process: advisory, mediation, and legal representation.
2.1. Trade Unions as Advisors and Protectors of Employees’ Lawful Rights and Interests
According to Clause 3, Article 7 of the 2019 Labor Code, trade unions are responsible for cooperating with state authorities in building harmonious, stable, and progressive labor relations while monitoring the implementation of labor laws and protecting employees’ lawful and legitimate rights and interests.
In practice, the role of trade unions in labor disputes is demonstrated through the following activities:
– Providing legal advice to employees on matters such as wages, bonuses, employment contracts, termination, severance benefits, and labor discipline.
– Guiding employees on how to exercise their right to lodge complaints or initiate lawsuits when their rights are violated.
– Cooperating with enterprises to resolve internal complaints, helping minimize potential disputes.
Through the support of trade unions, employees gain a clearer understanding of their rights under the law, avoid legal risks, and receive effective protection in the workplace.
2.2. Trade Unions’ Role in Mediating Labor Disputes at the Workplace
Under Article 11 of the 2024 Law on Trade Unions, trade unions have the right to provide legal consultation, guidance, and opinions on issues with potential disputes. They may participate in mediation and negotiation between employees and employers to find mutually acceptable and lawful solutions.
Through the labor dispute mediation process at the workplace, trade unions perform the following functions:
– Acting as intermediaries, facilitating transparent and constructive communication between both parties.
– Assisting in drafting mediation records and documenting agreements reached during the process.
– Supervising the implementation of mediation outcomes to ensure compliance with the agreed terms and legal provisions.
The participation of trade unions in mediation helps reduce tension, lower litigation costs, and maintain harmonious labor relations — a key factor for sustainable business development.
2.3. Trade Unions Representing Employees in Labor Lawsuits before the Court
In cases where mediation fails, trade unions may represent employees in initiating labor lawsuits under Article 11 of the 2024 Law on Trade Unions. Specifically:
– Trade unions may act as legal representatives of a group of employees whose lawful rights and interests have been violated.
– They may also act as authorized representatives for individual employees in filing labor-related lawsuits before the competent People’s Court.
– During legal proceedings, trade unions may participate in protecting employees’ rights and interests in the capacity of legal advocates or defenders, as prescribed by the Civil Procedure Code.
Thus, the role of trade unions in resolving labor disputes extends beyond advisory and mediation functions to encompass legal representation, ensuring that employees’ rights are fairly protected under the law.
3. The Process of Trade Union Participation in Labor Dispute Resolution
3.1. Receiving and Verifying Labor Dispute Information from Employees
When a dispute arises, the trade union is the first entity to receive information, complaints, or requests for assistance from employees. This process includes:
– Recording and verifying information about the dispute between the employee and the employer.
– Assessing the legality and impact of the case on the employee’s rights and interests.
– Classifying the dispute as individual or collective, in order to determine the appropriate resolution approach.
The stage of receiving and verifying information provides the trade union with a clear legal and factual basis, ensuring that the following steps are conducted objectively and in accordance with regulations. This is the first step in the trade union’s process of participating in labor dispute resolution.
3.2. Labor Dispute Mediation at the Workplace Led by the Trade Union
After verification, the trade union may organize labor dispute mediation at the workplace in accordance with the 2024 Law on Trade Unions. Acting as a neutral mediator, the trade union:
– Organizes a mediation meeting between the employee and the employer, allowing both parties to present their viewpoints and interests.
– Proposes balanced solutions and guides both sides to negotiate based on current labor laws.
– Prepares a mediation record documenting the outcome — if successful, the parties commit to compliance; if unsuccessful, the trade union advises the employee on the next legal steps.
Through mediation, the trade union helps reduce tension, avoid litigation, and maintain stable labor relations, which are essential for sustainable business development. This is where the trade union’s role in workplace-level labor dispute resolution is most evident.
3.3. Trade Unions Representing Employees in Court Proceedings
If workplace mediation fails, the trade union may represent employees in filing labor lawsuits before the competent People’s Court. Pursuant to Article 11 of the 2024 Law on Trade Unions and Guideline No. 92/HD-TLĐ (2023), the trade union has the following rights:
– Act as a legal representative or authorized representative for employees or groups of employees whose rights and interests have been violated.
– Provide legal assistance, including preparing petitions, documentation, and evidence required for litigation.
– Participate in court hearings as a protector of employees’ lawful rights and interests, and monitor trial procedures to ensure objectivity and compliance with the law.
The participation of trade unions in court proceedings not only ensures legal protection for employees but also promotes transparency and fairness in the resolution of labor disputes.
4. Legal Considerations for Trade Unions in Labor Dispute Resolution
When a trade union participates in resolving labor disputes, both employees and employers must fully understand the relevant legal provisions to ensure that all activities are carried out within proper authority, transparently, and effectively. Understanding the rights, responsibilities, and limitations of trade unions helps maximize their role in labor dispute resolution while minimizing legal risks for businesses.
4.1. Legal Limitations and Powers of Trade Unions
According to Article 10 of the 2024 Law on Trade Unions, the law clearly stipulates the prohibited acts in trade union activities, including:
– Prohibiting any form of discrimination against employees for establishing, joining, or participating in trade union activities.
– Prohibiting the misuse of trade union activities to infringe upon the lawful rights and interests of organizations or individuals, or to disrupt public order and safety.
This means that although trade unions play an important role in resolving labor disputes, they must still operate within legal boundaries, ensuring that all activities — mediation, representation, or litigation — are conducted in compliance with the Law on Trade Unions and the Labor Code.
4.2. Employer’s Responsibilities in Cooperating with Trade Unions
Under Article 25 of the 2024 Law on Trade Unions, employers are required to:
– Facilitate lawful trade union activities within the enterprise, including granting access to relevant information, documents, and employees.
– Cooperate with the trade union in formulating internal labor regulations, collective bargaining agreements, and resolving internal disputes.
– Refrain from obstructing or interfering with trade union activities, particularly during mediation or when the trade union represents employees in court.
Close cooperation between enterprises and trade unions ensures that the labor dispute resolution process remains objective, transparent, and efficient.
4.3. Obligations of the Parties to Cooperate and Provide Information During Dispute Resolution
To enhance the effectiveness of trade unions in labor dispute resolution, both employees and employers should:
– Provide accurate, complete, and timely information to the trade union.
– Respect the trade union’s mediation opinions and recommendations during the handling of disputes.
– Cooperate with the trade union in monitoring the implementation of mediation agreements or court judgments.
Transparent and good-faith cooperation not only enables trade unions to perform their representative function effectively but also contributes to building stable and law-abiding labor relations within the enterprise.
5. Labor Lawyer Consultation by LexConsult & Partners – Collaborating with Trade Unions in Labor Dispute Resolution
When a labor dispute arises, collaboration between trade unions and lawyers is a key factor in ensuring that the protection of employees’ rights is conducted lawfully, promptly, and effectively. With extensive experience in labor law, the legal team at LexConsult & Partners is ready to accompany employees, enterprises, and grassroots trade unions through every stage of the dispute process.
5.1. Consulting Employees on Their Rights and Obligations under the 2024 Law on Trade Unions and the 2019 Labor Code
LexConsult & Partners’ labor lawyers provide detailed legal advice on:
– The rights, obligations, and responsibilities of employees in labor relations.
– How to cooperate with trade unions during complaint, mediation, or litigation processes.
– Guidance on protecting lawful rights when facing violations, unlawful termination, or improper disciplinary actions.
Through in-depth consultation, employees gain a clearer understanding of the role of trade unions in labor disputes and are better equipped to take lawful and appropriate actions.
5.2. Assisting Employers in Cooperating with Trade Unions to Resolve Disputes
With extensive experience in corporate legal advisory, LexConsult & Partners supports companies in:
– Developing internal labor regulations, workplace rules, and collective bargaining agreements in compliance with the 2024 Law on Trade Unions.
– Advising and representing employers in working with trade unions during dispute resolution.
– Preventing legal risks by reviewing HR processes, employment contracts, and labor policies.
This collaboration enables businesses to remain legally compliant, safeguard their reputation, and maintain stable labor relations.
5.3. Legal Representation and Litigation in Labor Disputes
When mediation fails, LexConsult & Partners may represent either employees or employers in labor litigation before the court. The firm’s labor lawyers will:
– Prepare legal documents, collect evidence, and represent clients throughout the lawsuit process.
– Collaborate with trade unions in protecting employees’ rights during court proceedings.
– Develop effective legal strategies to ensure that disputes are resolved fairly, efficiently, and in compliance with the law.
5.4. Benefits of Using LexConsult & Partners’ Labor Law Services
– Receive accurate, timely, and strictly confidential legal advice.
– Gain clear and practical legal strategies tailored to each situation.
– Save time and costs while minimizing legal risks.
– Collaborate with grassroots trade unions to sustain harmonious and stable labor relations.
6. FAQ – Frequently Asked Questions about the Role of Trade Unions in Labor Disputes
What role does the trade union play in resolving labor disputes?
→ The trade union is the representative organization of employees, playing roles in consultation, mediation, and legal representation during the labor dispute resolution process. It protects employees’ lawful rights and interests and assists both parties in negotiating peaceful settlements to avoid prolonged litigation.
Can the trade union file a labor lawsuit on behalf of employees?
→ Yes. Under Article 11 of the 2024 Law on Trade Unions, the trade union may represent employees in filing a labor lawsuit in court if their lawful rights and interests are violated. The trade union may act as a legal representative for a group of employees or as an authorized representative for an individual.
Is mediation by the trade union mandatory before filing a labor lawsuit?
→ According to the 2019 Labor Code, most individual labor disputes must go through mediation at the workplace before being brought to court. The trade union’s involvement in mediation ensures objectivity, efficiency, and increases the likelihood of reaching an agreement between the parties.
What are the employer’s responsibilities when the trade union participates in dispute resolution?
→ Employers must cooperate with and provide complete information to the trade union, respect its mediation opinions, and not obstruct trade union activities (Article 25, Law on Trade Unions 2024). Good-faith cooperation helps maintain harmonious labor relations and reduces legal risks.
What should employees do when a labor dispute arises?
→ When a dispute occurs, employees should contact the grassroots trade union for guidance on mediation procedures and rights protection. In complex cases, they should seek assistance from labor lawyers or LexConsult & Partners, who can coordinate with the trade union throughout the resolution process to ensure optimal and lawful outcomes.
The role of the trade union in labor disputes goes beyond mere representation — it encompasses consultation, mediation, and legal advocacy, ensuring that labor disputes are resolved effectively and in accordance with the law.
Close cooperation between trade unions, employees, and employers fosters harmonious and stable labor relations, contributing to sustainable development.
If you require legal advice on labor disputes, trade union operations, or legal representation, contact LexConsult & Partners today to receive professional legal support and protection of your lawful rights.
📞 Hotline: 0938 657 775
📧 Email: info@lexconsult.com.vn
**Related Articles:**
– [Labor Lawyer Services in Vietnam | Consultation & Dispute Resolution]
– [Compensation for Breach of Employment Contract: Latest Legal Regulations in Vietnam]
– [Unlawful Termination of Labor Contracts: Employee Rights & Legal Remedies]
