Plaintiff's Right to Choose the Court for Labor Dispute Resolution

The selection of the Court to resolve labor disputes by the involved parties is specifically stipulated as follows:

- If the location of the headquarters or residence of the defendant is not known, the plaintiff may request the Court where the property is located, where the headquarters is located, or where the last residence of the defendant is to resolve the case;- If the case arises from the activities of a branch of the enterprise, the plaintiff has the right to request the Court where the enterprise has its headquarters or where the branch of the enterprise is located to resolve the case;- If the case arises from the activities of an employer who is a contractor or an intermediary, the plaintiff has the right to request the Court where the main employer has its headquarters or residence, or where the contractor or intermediary resides to resolve the case;- If the case arises due to violations of labor contracts, collective labor agreements, or apprenticeship contracts, the plaintiff has the right to request the Court where the labor contract, collective labor agreement, or apprenticeship contract is performed to resolve the case;- If the case involves a claim for compensation for life, health, or medical expenses due to work accidents, occupational diseases, or claims for wages, severance allowances, job loss allowances, and payments to workers for social insurance and health insurance when the worker does not fall under the compulsory social insurance category, the plaintiff has the right to request the Court where they reside or where the defendant has its headquarters or residence to resolve the case;- If the case involves a claim by the employer for compensation for property damage or vocational training costs, the plaintiff has the right to request the Court where the worker works or resides to resolve the case.

In cases where there are multiple defendants having different workplaces or residences, the plaintiff has the right to request the Court where one of the defendants works or resides to resolve the case;- If in the labor contract or collective labor agreement, the parties have agreed in advance on the Court to resolve the dispute, the plaintiff can only file the lawsuit at that Court.

See details in the Ordinance on Procedures for Settling Labor Disputes, effective from July 1, 1996.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE