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Comparing collective labor disputes and individual labor disputes in Vietnam according to current legal regulations.
Comparison of the Scope of Labor Disputes
- Individual Labor Disputes: Involve conflicts between one or a few employees and the employer.
- Collective Labor Disputes: Arise when a large group of employees or their representative organization (such as a trade union) has conflicts with the employer.
Comparison of the Content of Labor Disputes
- Content of Individual Labor Disputes: Focuses on rights and obligations in labor contracts such as working conditions, wages, and other benefits.
- Content of Collective Labor Disputes: Involves general issues related to working conditions, benefits, wages, and labor policies. It can include disputes over rights and obligations in labor contracts or labor laws, or proposals for new working conditions and improvements to existing conditions.
Comparison of the Causes of Labor Disputes
- Individual Labor Disputes: Typically arise when the employer violates the individual rights and benefits of the employee, such as not paying wages on time, wrongful dismissal, unlawful termination of labor contracts, or unsafe working environments.
- Collective Labor Disputes: Usually arise from broader issues such as changes in wage policies, working hours, or the rights of a group of employees within the company.
Comparison of Measures for Resolving Labor Disputes
- Resolution of Individual Labor Disputes: Can be resolved through direct negotiation between the employee and the employer, labor mediators, labor arbitrators, or people’s courts.
- Resolution of Collective Labor Disputes: The resolution measures for collective labor disputes over rights are similar to those for individual labor disputes (labor mediators, labor arbitrators, courts). However, the resolution of collective labor disputes over interests may involve more robust measures such as strikes, mediated by labor mediators or labor arbitration councils.
Comparison of the Consequences of Labor Disputes
- Individual Labor Disputes: Directly affect the involved employer and employee, usually within a limited scope.
- Collective Labor Disputes: Can have a wide impact on the company’s production and business activities, and even affect the economy if the company is large or operates in an important sector.
Comparison of the Objectives of Labor Disputes
- Individual Labor Disputes: Usually aim to protect the rights and working conditions of individual employees.
- Collective Labor Disputes: Aim to improve working conditions and benefits for a large group of employees, often through changes in policies or labor agreements.
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DCNH LAW
Address: 38B Tran Nhat Duat, Phuoc Hoa ward, Nha Trang city, Khanh Hoa province, Vietnam.
Phone: (+84) 343320223 – 974278893
Email: [email protected]
