Chương 2 Nghị định 46/2013/NĐ-CP hướng dẫn Bộ luật lao động tranh chấp lao động: Hòa giải viên lao động

Chapter 2.

LABOR CONCILIATORS

Article 4. Standards of labor conciliators

1. Being Vietnamese citizens, having full capacity for civil acts, good health and ethics.

2. Not being persons who are being examined for penal liability or serving sentence.

3. Being well-informed about labor law and related laws.

4. Having 03 years working in areas relating to labor relation, having skills in conciliation of labor disputes.

Article 5. Competences, orders of and procedures for appointment, re-appointment of labor conciliators

1. The President of the provincial People’s Committee shall appoint, re-appoint labor conciliators.

2. The orders of and procedures for appointment of labor conciliators:

a. Self-registering or the distric Divisions of Labor - Invalids and Social Affairs, the district-level Trade Unions, Trade Unions of industrial zones, processing and exporting zones introduce labor conciliators for participation in recruitment; 

b. A recruiting dossier for labor conciliators includes:

- Application for labor conciliators;

- Resumes;

- Certificate of health;

- Copies of diplomas, certificates (if any);

- Written introduction for participation in recruitment of agencies, organizations specified in point a this clause.

c. Within 20 working days, after ending time limit of receiving dossier, the district division of Labor-Invalids and Social affairs shall make list of persons satisfying standards and report it to the President of the district-level People’s Committee;

d. Within 05 working days, after receiving report of the district division of Labor-Invalids and Social affairs, the President of the district-level People’s Committee shall have written proposal the President of the provincial People’s Committee for appointment of labor conciliators, and send Director of the provincial Department of Labor-Invalids and Social affairs for verification and submission to the President of the provincial People’s Committee;

dd. Within 10 working days, after receiving written proposal for appointment of labor conciliators of the President of the district-level People’s Committee, the Director of the provincial Department of Labor-Invalids and Social affairs shall verify and submit it to the President of the provincial People’s Committee for consideration and decision, and send to the President of the district-level People’s Committee, who proposed for appointment of labor conciliators;

e. Within 05 working days, after receiving written proposal of the Director of the provincial Department of Labor-Invalids and Social affairs, the President of the provincial People’s Committee shall issue decision on appointment of labor conciliators;

g. Within 05 working days, after receiving decision on appointment of labor conciliators of the President of the provincial People’s Committee, the Director of the provincial Department of Labor-Invalids and Social affairs and to the President of the district-level People’s Committee shall publicize the list of labor conciliators to inform for employers, organizations representing for labor collectives at grassroots and employees.

3. The orders of and procedures for re-appointment of labor conciliators:

a. In 03 month, before ending the term of labor conciliators, the district-level Division of Labor-Invalids and Social affairs shall assess the extent of task completion of labor conciliators, demand of conciliation in locality and report on re-appointment of labor conciliators to the President of the district-level People’s Committee. 

b. The orders of and procedures for re-appointment of labor conciliators shall comply with point d, point dd, point e and point g clause 2 of this Article.

Article 6. Removal from office with respect to labor conciliator

1. A labor conciliator may be removed from office if fall in one of following cases:

a. Having application for relieve from conciliation participation; 

b. Failing to finish the conciliation task;

c. Committing acts in breach of law, misusing prestige, competence, responsibilities to cause harm to benefits of parties or benefits of State during conciliation or refusing the conciliation task for twice or more when be assigned to participate in solving labor dispute or dispute on contract of vocational training without legitimate reason.

2. The competences, orders of and procedures for removal from office with respect to labor conciliators:

a. The President of the provincial People’s Committee shall decide removal from office with respect to labor conciliators at the request of the President of the district-level People’s Committee and Director of the provincial Department of Labor-Invalids and Social affairs;

b. The district-level Division of Labor-Invalids and Social affairs shall base on application for removal from conciliation participation or extent of failing to complete task or acts of law violations of labor conciliators to report to the President of the district-level People’s Committee about the removal from office with respect to labor conciliators;

c. The orders of and procedures for the removal from office with respect to labor conciliators shall comply with point d, point dd, point e and point d clause 2 article 5 of this Decree.

Article 7. Assurance on operational conditions for labor conciliator

1. Labour conciliators shall be entitled to allowance regime for the days on which they are assigned to conduct conciliation of labour disputes, contracts of vocational training in the manner same as jurors according to regulation on the allowance regime for persons participating in court sessions, sessions of meeting to solve civil cases; be entitled to be paid working-trip allowances for the days on which they conduct conciliation in accordance with the existing regime on working-trip allowances and be ensured necessary conditions on meeting room, documents, stationery servicing conciliation of labor disputes.  

2. Funds for activities of labor conciliators shall be ensured by the State budget in accordance with the existing regulation on decentralization in budget management.  The making of estimation, management and finalization of funds ensuring for activities of labor conciliators shall comply with regulations of law on the State budget.