Consulting services for resolving individual/collective labor disputes

Preferential fees for legal consulting services when employees sue employers, resolve individual labor disputes – resolve collective labor disputes.

Consulting fee for resolving individual labor disputes and collective labor disputes

Some common labor disputes (labor contract disputes) between employees and businesses or individual employers include: wages, working hours, social insurance regimes, etc.

If you are an employee and are having problems with labor disputes but have difficulty in communicating and resolving them with the business, you can consider using the legal consulting service – resolving individual labor disputes and collective labor disputes of fdiinvietnam.com. 

To reclaim legitimate rights and ensure fairness for employees or labor collectives, labor representative organizations, lawyers with extensive experience and solid professional knowledge at fdiinvietnam.com will advise on how to resolve individual labor disputes correctly, effectively and quickly.

Depending on the nature and complexity of each case, the price of labor disputes will be different. fdiinvietnam.com also shares with you that almost all legal consulting services of fdiinvietnam.com always apply preferential prices and are the best costs in the legal consulting industry to be able to support more and more customers. 

At the same time, all services of Online Accounting are always quoted on a package basis, which means that customers will not have to pay any additional costs other than the costs fdiinvietnam.com mentioned during the service consultation process, such as lawyer fees or court fees paid to the state.

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Documents provided by customers when performing labor dispute resolution services

In order for fdiinvietnam.com lawyers to have full information about the case and propose appropriate solutions to resolve labor disputes, you need to provide some important information.

What do fdiinvietnam.com lawyers do when resolving individual/collective labor disputes?

Below are 7 work items that fdiinvietnam.com lawyers will perform when providing services to resolve individual labor disputes and collective labor disputes:

1. Receiving requests and studying documents: fdiinvietnam.com lawyers will receive requests to resolve disputes with the client’s business, then study and process the documents and papers provided by the client to clearly understand the nature of the case.

2. Researching the law and proposing solutions: After synthesizing and understanding information from the client, the lawyer will research the legal regulations to ensure consistency with the documents provided by the client, and at the same time advise and propose the most beneficial dispute resolution solution for the client while still complying with the law.

3. Discussing optimal solutions: Lawyers will directly discuss with clients about dispute resolution solutions to ensure respect for clients’ opinions and ensure their rights.

4. Make a list of tasks to be done and implemented: To ensure the dispute resolution process goes smoothly, the lawyer and the team of legal experts at fdiinvietnam.com will make a list of tasks to be handled and implemented according to the process and schedule agreed with the client.

5. Representation in negotiations: The lawyer will directly represent the client or participate with the client in negotiations with the business to resolve disputes, ensuring satisfaction of both parties.

6. Drafting lawsuit documents: If the negotiation is unsuccessful, the lawyer will draft documents, collect documents and evidence related to the lawsuit request and complete the lawsuit documents for individual labor disputes.

7. Directly participate in litigation at Court: As a lawyer or authorized representative of the client, the lawyer will carry out all necessary legal procedures and directly participate in litigation at Court.

Procedure for resolving individual/collective labor disputes by fdiinvietnam.com lawyers

fdiinvietnam.com lawyers resolve individual labor disputes and collective labor disputes in two main stages: pre-litigation and litigation.

To save costs and shorten processing time, at each stage, the lawyer will have different solutions but still ensure that they are suitable for the dispute situation, in accordance with the law and bring the highest efficiency.

1. Pre-litigation stage (negotiation, mediation with the employer)

Lawyers resolve disputes through mediation and negotiation without going to court in the following 3 steps:

➧ Step 1: Consulting on solutions and methods to resolve individual and collective labor disputes

The lawyer will study the case based on the information provided by the client and relevant legal regulations. From there, evaluate and propose appropriate dispute resolution options.

➧ Step 2: Customer representative negotiates with the business

Lawyers will negotiate with clients or negotiate with businesses on behalf of clients to reach a quick agreement on a peaceful basis for both parties.

➧ Step 3: Take pre-litigation legal measures

If the negotiation is unsuccessful, the lawyer will prepare the necessary legal measures before initiating a lawsuit for individual labor disputes or collective labor disputes, such as: collecting evidence, documents and fully preparing the lawsuit file.

2. Litigation stage (sue the employer)

The lawyer will represent the client to initiate a lawsuit against the employer in the following 3 steps:

➧ Step 1: File a lawsuit against the employer at Court.

➧ Step 2: Receive notice from the Court about the deposit of court fees and pay on behalf of the client.

➧ Step 3: The court accepts the case, considers and resolves the case and issues a judgment or decision to resolve the individual labor dispute appropriately.

What is an individual labor dispute? What is a collective labor dispute?

1. What is an individual labor dispute?

Individual labor disputes are disagreements that arise in individual labor relationships. These disputes relate to the rights, obligations and interests when implementing labor contracts between employees or re-hired employees and individuals and organizations such as:

• Business;
• The employer is an individual;
• Organization of sending workers to work abroad under contract;
• The employer re-hires.

2. What is a collective labor dispute?

Collective labor disputes are disputes related to the legitimate rights or interests of one or more organizations representing employees against the employer or one or more organizations of employers.

6 situations of individual labor disputes that can be sued directly without mediation

Jurisdiction of the Court to resolve individual labor disputes

Pursuant to Articles 32, 35, 36 and 39 of the 2015 Civil Procedure Code, the Courts with jurisdiction to resolve individual labor disputes include:

➧ Court of jurisdiction by level:

• Provincial courts have jurisdiction to resolve the following individual labor disputes:
  • Disputes that employees file lawsuits abroad;
  • Disputes requiring judicial entrustment to Vietnamese representative agencies abroad, courts or competent foreign agencies.
• District Courts have jurisdiction to resolve individual labor disputes that are not under the jurisdiction of Provincial Courts.

➧ Court of jurisdiction by place of residence:

• Court where the employer or business is headquartered;
• Court where the employee resides or works (if there is a written agreement between the employee and the employer).

Questions related to collective/individual labor dispute resolution services

1. How much does fdiinvietnam.com’s individual labor dispute resolution consulting service cost?

The price of consulting on resolving individual labor disputes and collective labor disputes at fdiinvietnam.com depends on the nature and complexity of each dispute.

>> See details: Consulting fees for resolving individual labor disputes and collective labor disputes.

2. What documents does the employer need to provide to fdiinvietnam.com to file a lawsuit?

To sue the employer, the client needs to provide the fdiinvietnam.com lawyer with the following documents:

• Employee’s identification documents such as ID card/CCCD/passport;
• Labor contract and amendments, supplements and other agreements that the employee has signed with the company (if any);
• Labor regulations, collective labor agreements, internal company rules/regulations (if any);
• Documents and papers arising during the performance of the labor contract such as notices, meeting minutes, messages, emails exchanged between the disputing parties;
• Other documents as a basis for the claim.

>> See details: Documents customers need to provide when using individual labor dispute services.

3. Where do employees sue the company?

The court has jurisdiction to resolve the employee’s request to sue the company according to the following provisions:

• Court of jurisdiction by level:
  • Provincial courts have the authority to resolve individual labor disputes such as: disputes in which employees file lawsuits abroad, disputes requiring judicial entrustment to Vietnamese representative agencies abroad…;
  • District Courts have jurisdiction to resolve individual labor disputes that are not under the jurisdiction of provincial Courts;
• Court of jurisdiction by place of residence:
  • Court where the employer or business is headquartered;
  • Court where the employee resides or works (if there is a written agreement between the employee and the employer).

>> See details: Jurisdiction of the Court to resolve individual labor disputes.

4. Can a dispute over unilateral termination of a labor contract be brought directly to court?

Employees whose labor contracts are unilaterally terminated can file a lawsuit directly in court without mediation.

>> See details: 6 situations of individual labor disputes that can be sued directly without mediation.

Call us at  0978 578 866 (North) –  033 9962 333 (Central)  –   0946 724 666 (South)  for support.