The Labor Newspaper's legal consultancy office replied:

Wage disputes are individual labor disputes. Article 201 Labor Code 2012 stipulates: Order and procedures for mediating individual labor disputes of labor mediators.

1. Individual labour disputes shall be resolved through mediation undertaken by a Labour Mediator before being brought to the Court, except for the following labour disputes, for which mediation is not mandatory:

 a) Disputes over disciplinary measure in the form of dismissal or disputes over a unilateral termination of the employment contract;

b) Disputes over compensation for damages or allowances upon termination of the employment contract;

c) Disputes between a domestic worker and his/her employer; 85

 d) Disputes over social insurance in accordance with the laws on social insurance and disputes over health insurance in accordance with the laws on health insurance;

 e) Disputes over compensation for damages between the worker and an enterprise or a civil service agency engaged in sending Vietnamese workers to work overseas under contracts.

2. Within 05 working days from the date on which the application for mediation is received, the labour mediator shall complete the mediation process.

Thus, if you have a wage dispute, you should submit an application to the district-level Labor, Invalids and Social Affairs Division where the company is located to request the labor mediator to mediate first.

If the mediator fails to mediate or the mediation is unsuccessful, you have the right to sue in court to ask the court to rule that the restaurant must pay you wages.

Legal advice

Please contact the legal advice hotline 19008088 - call the hotline: 0979310518; 0961360559 to get prompt and timely answers or email us: tuvanphapluat@laodong.com.vn or go to 6 Pham Van Bach, Hanoi and 198 Nguyen Thi Minh Khai, Ward 6, Q3, HCMC to get Lawyer consulting directly on Tuesday, Friday every week.

This column is done with support from YouMe Law Firm.

According to NAM DUONG (laodong.vn)

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