Dragon Law firm – Dismissal of labor conciliators failing to finish tasks

On June 10, 2013,  the Ministry of Labor, War Invalids and Social Affairs  issues the Circular No. 08/2013/TT-BLDTBXH guiding the implementation of the Decree No. 46/2013/ND-CP dated May 10, 2013 of the Government on the implementation of some Articles of the Labor Code regarding labor disputes.

In accordance with this Circular, Labor conciliators are dismissed when fall in one of the following cases: Having application for stopping participation in labor conciliator; Having 2 continuous years of being assessed as failing to finish tasks; Conducting acts violating law, misusing their prestige, competence and duty to cause damages to benefits of parties or benefits of State in the course of reconciliation; Failing to implement reconciliation tasks under decision on nominating labor conciliators of the President of the district-level People’s Committee in the set time limit for twice or more without legitimate reason.

Labor conciliators are considered as finishing task when meeting the provisions: to comply with provisions of law on labor dispute settlement; to comply with decision of the President of the district-level People’s Committee on nominating to participate in labor dispute settlement; number of successful reconciled cases is over 50% in comparison with number of cases in which labor conciliator participated in reconciliation.

This Circular takes effect on July 01, 2013 and replaces the Circular No. 22/2007/TT-BLDTBXH dated October 23, 2007.