Understanding that most labor disputes are a result of poor communications which can replaced by a constructive two-way dialogue can probably help the HR departments to achieve an amicable resolution. In today’s article, Faro will discuss the “labour dispute” issues and try to draw some solutions for it!
1. Definition of “labour dispute”
According to Business Dictionary, labour dispute, which is also known as “industrial dispute”, is “a disagreement between workers and management over pay, working conditions, hours of work, etc, especially one that includes strike”. In other words, a case is considered to be a labor dispute when the parties have discussed and negotiated without a mutual agreement or one of the two parties refuses to negotiate that leads to the intervention of the third party through reconcile process or trial.
There is a variety of reasons that result in labor disputes, but they never arise when your employees are sastified with the current system. With the experiences in HR, we can make sure that union organization and labor disputes all stem from employee desires: Higher wages, better benefits, better working conditions, increased job security.
Based on the size of the dispute, labour dispute is divided into 2 categories: individuallabor dispute and collective labor dispute.
2. Individual labor dispute resolution process
+ The Council of reconciliation and the district-level Labor Mediator conduct mediation process within 7 days from the date of receipt for conciliation. At the mediation session, there must be two disputing parties or their authorized representatives. The Council provides a mediation plan for the parties to consider.
If the conciliation is approved, they make a record of successful mediation. The two parties are obliged to abide by the agreements.
If the conciliation is unsuccessful, they make a record of unsuccessful reconciliation. Each disputing party has the right to request the People's Court to resolve.
+ The disputing parties have the right to start lawsuit directly at the People's Court instead of the Council of reconciliation or the district-level labor conciliator for some types of work:
• Disputes relating to disciplinary measure of dismissal for breach of the law on labour or disputes arising from unilateral termination of labor contracts;
• Disputes overpayment of compensation over damages, losses and allowances upon termination of labor contracts;
• Disputes between domestic workers and employers;
• Disputes relating to social insurance and heath insurance between employees who have retired with employers or social insurance agencies/ between employers and social insurance agencies;
• Disputes over payment of compensation for damages or losses between an employee and enterprise or professional entity sending a worker to work overseas.
Because labor disputes are so often personal and deep-rooted, it is crucial to listen and respone with respect and understand. Your employees believe that they have a voice, that they can trust their employer to be treated fairly.In the next article, we will delve deeper into the collective labour dispute.
With enthusiasm and understanding, Faro continues to build on our member firms' successes thanks to our clear vision, maintained values, and our people.