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HỌC VIÊN TƯ PHÁP MINISTRY OF MINISTRY EDUCATION AND TRAINING OF JUSTICE HANOI LAW UNIVERSITY TRAN MINH TIEN VIETNAMESE LAW ON THE JURISDICTION OF THE COURT TO SETTLE LABOR CASES Specialization Comerce[.]
MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HANOI LAW UNIVERSITY TRAN MINH TIEN VIETNAMESE LAW ON THE JURISDICTION OF THE COURT TO SETTLE LABOR CASES Specialization: Comerce Law Code: 38 01 07 SUMMARY OF DOCTORAL THESIS OF JURISPRUDENCE HA NOI - 2023 The thesis was completed at : Hanoi Law University Science instructor: Ph.D Tran Thi Thuy Lam – Instructor Ph.D Nguyen Hien Phuong - Instructor Reviewer 1: Reviewer 2: Reviewer 3: Thesis has been defended before: School-level Thesis Judging Committee at Hanoi Law University At … on ……, 2023 Thesis can be found at: 1) National Library 2) Library of Hanoi Law University INTRODUCTION Rationale for the study In labor relations, the interests between employees and employers are basically unified but there are also conflicts Conflicts that are not resolved in a timely manner will give rise to labor disputes Labor disputes tend to increase in number, complex in content, sometimes derived from labor contract, sometimes related to labor relations and problems may arise such as one party (employees, labor collective) asking the competent authority to declare the labor contract invalid, agreement voidable, etc To resolve these disputes, there are many different methods of settlement such as arbitration, court The legal system on judicial proceedings in general and on the jurisdiction of the Court in particular is increasingly being improved The right to access to justice of the parties in the labor disputes is guaranteed and easily implemented The Court's judgments and decisions have ensured the rights and interests of the disputing parties, contributing to social stability, but there are still many decisions of the Court that have not yet ensured fairness and rationality There are problems and inadequacies in determining the type of labor case under the jurisdiction of the Court There is inconsistency in the judgments when applying the labor law about the same provisions in the labor law It stems from many different reasons, including factors from the legal provisions on the jurisdiction of the Court to deal with labor cases that not meet reality, lack of clarity and there are many different interpretations, especially those relating to the jurisdiction of the Court Orientation for building and perfecting the socialist rule of law State of Vietnam in the new period with specific goals to 2030 with a complete and synchronous legal system, easy access and basically complete the building of a professional, modern and fair judiciary, protecting human rights, citizens' rights, and legitimate and legitimate rights and interests of organizations and individuals The Resolution also sets out solutions and tasks to ensure that judicial proceedings are democratic, fair, rule of law, strict and accessible, and ensures and protects human rights and citizens' rights; determine the competence of the Court to fully and properly exercise judicial rights Thus, the graduate student chooses the issue of “Vietnamese law on the jurisdiction of the court to settle labor cases" as the topic of his doctoral thesis, in the context that there are no scientific studies that specifically address this issue Purposes and tasks of the dissertation Purposes of the dissertation are: Clarifying the theoretical issues of the Court's jurisdiction in handling labor cases, analyzing and assessing the current state of Vietnamese law provisions on this issue and proposing solutions for law improvement as well as improve the efficiency of law enforcement on the jurisdiction of the Court in settling labor cases Tasks are: (1) Clarifying theoretical issues about the nature of the labor case, the jurisdiction of the Court, the content of legal regulation of the Court's competence in settling the labor case; (2) Analysis and assessment of the current state of Vietnamese law on the jurisdiction of the Court in handling labor cases and the practical application of the provisions on the Court's jurisdiction; (3) Analyzing and clarifying problems regarding the Court's jurisdiction in handling labor cases and (4) Proposing solutions to improve the law on the Court's competence in handling labor cases and at the same time improve the capacity of the Court in handling labor cases Objective and scope of the study 3.1 Objective of the study: These are the theoretical issues, the current state of Vietnamese law and the practical implementation of the law on the jurisdiction of the Court in settling labor cases In addition to the provisions of Vietnamese law, the thesis also studies the provisions of the laws of some countries for comparison and reference to complete the Vietnamese law on the jurisdiction of the Court in handling labor cases 3.2 Scope of the study - Regarding content: In legal science, there are many different interpretations of the concept of jurisdiction of the Court With the approach of the economic law code, the thesis studies the jurisdiction of the Court in a broad sense, including the authority to consider and settle labor cases and the decision-making authority when dealing with that case Jurisdiction of the Court is expressed in terms of making procedural decisions and in terms of settling labor cases As for the court's decisionmaking authority, the PhD student only researches in terms of resolving the content of the labor case The thesis focuses on research on labor cases arising from individual labor disputes, including three main types: cases on unilateral termination of labor contracts, cases on dismissal discipline and cases on reimbursement of training expenses These are the three types of labor cases that are common in trial and have the most problems - Regarding time: The thesis focuses on studying the provisions of the Civil Procedure Code in 2015, the Labor Code in 2019 and the guiding documents of the two laws on the jurisdiction of the Court in handling labor cases Due to the new Labor Code 2019 taking effect from 2021, the number of cases is not much while many regulations are inherited from the provisions of Labor Code 2012, the dissertation uses number of judgments applying the Labor Code 2012 to demonstrate the practical inadequacies of law enforcement on the jurisdiction of the Court Research method The thesis is researched based on the methodology of Marxist-Leninist theory Specific research methods used to conduct the thesis include: Methods of retrospective analysis, comparison, proof, synthesis The research methods are used flexibly, with a combination depending on the content and research problem New contributions of the dissertation As a systematic and comprehensive scientific research work on the jurisdiction of the Court in handling labor cases in Vietnam, the thesis has the following major new contributions: - The dissertation has analyzed, clarified and deepened the theoretical issues of the labor case as well as the jurisdiction of the Court in handling labor cases to identify labor disputes, distinguish labor cases from civil cases with labor elements - The thesis has approached and analyzed fully and comprehensively the jurisdiction of the Court in the settlement of labor cases in terms of the Court's authority to consider and settle labor cases and jurisdiction of the Court when dealing with the content of the labor case - The thesis has pointed out the gaps in the law, inadequacies, shortcomings, as well as obstacles in the application of the law on the jurisdiction of the Court in both civil procedure law and labor law - The theory of citizens' access to justice and the role of the Court, fairness and rationality has been discussed in many issues by the thesis The thesis also explains the necessity of case precedent for qualitative regulations, "blur" points in the labor law as well as the consistency in the application of labor law by the Court - The thesis has identified the orientations of perfecting the law on the jurisdiction of the Court in handling labor cases, as well as there are a number of recommendations to amend and supplement the legal provisions on the Court's competence in handling labor cases The thesis also proposes solutions to further improve the effectiveness of the Court in resolving labor cases Structure of the thesis In addition to the introduction, conclusion, list of published works of the author related to the thesis, list of references and appendices, the thesis is arranged as follows: Overview of the research status of the thesis topic Chapter 1: Theoretical basis for the jurisdiction of the Court and the law on the competence of the Court in settling labor cases Chapter 2: Current status of Vietnamese law on the jurisdiction of the Court in settling labor cases and practical implementation Chapter 3: Completing the law and improving the effectiveness of law enforcement on the Court's competence in settling labor cases Overview of the research status of the thesis topic The results of legal research on the jurisdiction of the Court in settling labor cases Firstly, theoretical studies on labor cases and the Court's jurisdiction in settling labor cases: Up to now, no work has provided a specific definition of the labor case In other specialized areas, there are some studies on the jurisdiction of the Court Research on the jurisdiction of the Court in handling labor cases has not been much, mainly approach in the aspect of proceedings, in favor of the procedure for resolving labor disputes, but have not studied in-depth about the jurisdiction of the Court in a broad sense and especially in terms of decision-making power Secondly, studies on the current state of Vietnamese law on the jurisdiction of the Court in handling labor cases and practical implementation: There have been a number of works assessing the legal situation in each period on the jurisdiction of the Court to consider and settle a labor case in accordance with the procedure for settling civil cases There has not been any systematic research on the legal status and practical implementation of the Court's jurisdiction in handling labor cases Thirdly, studies on perfecting the law and improving the effectiveness of the Court's jurisdiction in settling labor cases: A number of recommendations to improve the law and improve the effectiveness of the Court's jurisdiction in handling labor cases before the 2019 Labor Code is promulgated and takes effect are of reference value There has not been any research to perfect the law on the jurisdiction of the Court in handling labor cases after the 2019 Labor Code took effect Issues that need further research Firstly, the thesis will also clarify the theoretical issues about the jurisdiction of the Court in terms of the competence to consider and settle labor cases and the authority to decide on the content of such labor cases as well as legislation justification in this regard Secondly, the thesis will analyze and evaluate the legal status of the Court's jurisdiction in dealing with labor disputes in two aspects: authority to consider and settle and decide on the content of labor cases to point out the appropriate points, inadequacies and gaps in the application of the law in separate groups Third, the thesis will also analyze and evaluate the legal status of the Court's jurisdiction in handling labor matters This issue has almost no research or if there is research, it is only at a very narrow level and in favor of the perspective of civil procedure law Fourthly, by analyzing and commenting on specific cases, the thesis will not only evaluate the Court's authority to consider and resolve labor cases but also evaluate the decision-making authority of the Court when dealing with the content of such labor cases, serve as a basis for making recommendations to improve the law Fifth, the thesis will propose solutions to improve the law on the jurisdiction of the Court in handling labor cases At the same time, the thesis also proposes solutions to improve the effectiveness of the Court's role in resolving labor cases Overall conclusion On the basis of studying published works in the country and abroad, the thesis has summarized the content, research results and analysis of the results that will be inherited by the thesis, the results will be further developed and supplemented by the thesis to make more comprehensive and systematic the issue of the jurisdiction of the Court and the law on the jurisdiction of the Court in settling labor cases The theoretical basis on the jurisdiction of the Court, the legal situation on the jurisdiction of the Court as well as the practical implementation in the settlement of labor cases need to continue to be studied comprehensively, thoroughly, commented deeply and clarified further In addition to the goal of building the theoretical basis of determining the jurisdiction of the Court for labor cases, perfecting the legal regulations on this issue, the thesis also focuses on researching solutions to improve effective application in practice Chapter 1: THEORETICAL BASIS ON THE COURT'S AUTHORITY AND LAW ON THE COURT'S AUTHORITY IN SETTLEMENT OF LABOR CASE 1.1 Some theoretical issues about the Court's jurisdiction in handling labor cases 1.1.1 The concept and characteristics of the labor case The study of the concept and characteristics of the labor case is the study of the concept and characteristics of the labor case and the concept and characteristics of labor Civil cases are by nature disputes and these disputes must be resolved by the Court The labor case belongs to a civil case in a broad sense, so it must first be a Labor Dispute and be resolved by a court Labor Dispute is “dispute over rights, obligations and interests between parties in the process of establishing, implementing or terminating labor relations, between organizations representing workers and between organizations representing workers and employers or organizations of the employer; between the parties in the relation related to the labor relations" Labor Dispute includes many types Not every Labor Dispute arising is considered a Labor Case Only when the lawsuit is accepted by a competent court will a Labor Case be formed Thus, Labor Case is "Labor Disputes shall be accepted and settled by competent courts following the order and procedures prescribed by law for lawsuits filed by agencies, organizations or individuals" To identify and distinguish the Labor Case from other cases, people rely on a number of characteristics and signs through the form and nature of the Labor Case The nature of the Labor Case is expressed through signs of the subject, content and arising relationship A civil matter is a matter where there is no dispute over rights and interests but at the request of an individual or organization to request the Court to recognize a legal event which gives rise to the rights and obligations of these individuals or organizations Labor is a labor request of an agency, organization or individual that is accepted and settled by a competent court according to the order and procedures prescribed by law Labor is also identified through signs of form and nature from the labor requirements of the subjects in the labor relations From there, it is possible to define a labor case as "a case accepted and settled by a competent court according to the order and procedures prescribed by law for disputes and labor requirements of agencies, organizations or individuals” Labor cases include Cases and labor affairs 1.1.2 The concept and characteristics of the Court's jurisdiction in handling labor cases Adjudication is a privileged activity of the Court in the exercise of judicial power Originating from the right to adjudication, the jurisdiction of the Court has broad connotations, which are understood in two aspects as follows: the right to consider and settle cases within the permitted scope of law (also known as the adjudication authority, referred to as the Court's jurisdiction for short) and authority to make decisions when dealing with that case (also known as the Court's authority, referred to as the Court's decision-making authority) The exercise of these rights by the Court must comply with certain procedural order and procedures when applying the law to determine the right and wrong for the request to be proposed to the Court for settlement Thus, the Court's competence in settling labor cases is “the right to consider and settle labor cases and make arbitration decisions on the correctness and lawfulness when considering and settling such cases through the application of the law according to strict procedures in order to protect the rights and legitimate interests of organizations and individuals” Competence to consider and settle labor cases is a collection of types of labor cases that courts have the competence to accept and settle according to legal procedures Jurisdiction of the Court is the right to decide and adjudicate the correctness and lawfulness of the lawsuit claim when the Court considers and settles the labor case The jurisdiction of the Court in handling labor cases has the following characteristics: (1) The basis for which a lawsuit is filed, the petition of the subject has the right to initiate a lawsuit or the right to demand; (2) The competence to consider and settle and the competence to decide when settling a labor case of the Court have a close relationship with each other; (3) Is a conditional authority; (4) To be carried out in accordance with the provisions of the civil procedure law and the labor law; (5) Always limited by the request of the involved party and (6) Court judgments and decisions are guaranteed to be enforced 1.1.3 The significance of determining the jurisdiction of the Court in settling labor cases The determination of the Court's jurisdiction in the settlement of labor cases is a prerequisite and a premise to ensure the settlement of disputes, labor requirements are carried out in accordance with legal procedures, creating an effective and convenient legal mechanism for involved parties to participate in the proceedings, decide on the rights and interests of the litigants, help organizations and individuals be more conscious in the implementation of the labor law, contribute to limiting the Labor disputes the content of the dispute In order to make these decisions, the Court needs to base on the provisions of the substantive law Labor disputes often revolve around a number of main contents such as disputes about unilateral termination of the labor contract, dismissal, salary, refund of training fees… Based on the content of the dispute and based on the provisions of the law, the Court will decide whether the unilateral termination of the labor contract or the dismissal of the employee is legal or illegal, whether the employee violates the obligations to pay wages, social insurance, etc., on that basis, to make specific judgments on the rights and obligations of the parties Countries have different provisions on legal norms, which are developed on a qualitative or quantitative basis Countries that follow the common law system of labor law often have very open regulations, only general and qualitative regulations Therefore, along with the legal system, there will be a system of case law Jurisdiction of the Court will be great, because the Court will have the power to issue precedents to guide the application and implementation For countries that follow Civil Law, the legal provisions are usually relatively specific and quantitative Regarding the termination of the Labor Contract, according to the ILO, there is no special provision on the termination of the Labor Contract The termination of the labor contract (dismissal of the employee) must have a good reason Depending on the legal system of each country, there are provisions in the law (such as France) or case law (such as in Japan and Germany), the necessity of staff reductions, efforts to avoid layoffs, fairness in the selection of subjects to be fired, the appropriate sequence of adequacy are the criteria to evaluate the reasonableness and legitimacy of dismissal for economic reasons The Court will base on the legal or illegal termination of the Labor Contract (or dismissal) to decide on the liability of the parties In case the employer terminates the labor contract illegally, the laws of most countries require the employer to accept the employee back to work under the signed contract and must pay a statutory amount Based on the provisions of law and the agreement of the parties, the Court will issue a ruling to settle the interests of the parties In some cases related to compensation (such as the employer's compensation in case of illegal termination of the labor contract), the law does not specifically stipulate but only stipulates the minimum and also not limited to the maximum In such cases, the Court's decision-making power in resolving labor cases will be very important The decisions of the Court in this case are not only 11 considered on the basis of legality but also on the reasonableness of the agreements and the reasonableness of the case The theory of irrationality is often applied and considered by the courts of many countries when settling civil cases - Jurisdiction of the Court in handling labor matters The labor issues brought to the Court for settlement are usually the declaration of the invalid labor contract, the invalid collective bargaining agreement, the declaration of the legitimacy of the strike In addition, the Court also has jurisdiction to handle other civil matters such as: Request for recognition and enforcement or non-recognition of labor judgments and decisions of foreign courts or non-recognition of labor judgments and decisions of foreign courts which are not required to be enforced in the host country or request recognition and enforcement of foreign arbitration awards 1.3 Factors affecting the implementation of the law on the Court's jurisdiction to settle labor cases There are many factors affecting the implementation of the law on the jurisdiction of the Court to deal with labor cases most directly and strongly: (1) Quality conditions of the legal document system; (2) Judgment capacity of the Judge; (3) The independence of judges when dealing with labor cases and (4) Level of legal knowledge and sense of law observance of the involved parties about the Court's competence in settling labor cases Conclusion of Chapter Through the above analysis, the thesis draws the following conclusions: Only when disputes, labor requirements are brought to the Court and accepted and settled by the competent Court, then a labor case will arise Labor cases (including labor cases and labor cases) have their own distinctive signs and characteristics Competence of the Court in settling labor cases includes the competence to consider and settle labor cases and the decision-making power when settling such cases Courts cannot arbitrarily issue judgments but must adhere to certain principles The legal regulation of the jurisdiction of the Court varies from country to country, depending on the procedural model and legal tradition There are many factors affecting the exercise of the Court's competence in settling labor cases 12 Chapter 2: CURRENT STATUS OF VIETNAMESE LAW ON THE JURISDICTION OF THE COURT IN SETTLING LABOR CASES AND PRACTICAL IMPLEMENTATION 2.1 The legal status of the Court's jurisdiction in handling labor cases and implementation practices 2.1.1 Legal status of the Court's jurisdiction to consider and settle labor cases and practice - Authority by type of work The concept of labor dispute under the Labor Code 2019 has been expanded, covered and clearly defined on three main relationships: labor relations, relations between representative organizations and relations related to labor relations Disputes arising from the employment relationship, including disputes arising in the process of establishment, performance and termination of the labor relationship Labor disputes arising from relations related to labor relations are disputes that may arise between subjects who are not subjects of labor relations The court has jurisdiction to settle labor disputes and labor-related disputes, which are divided into dispute groups such as individual labor disputes, collective labor disputes over rights, labor-related disputes, compensation disputes due to illegal strikes and other labor-related disputes For labor disputes that can be brought to court, the Labor Code 2019 has added an additional type of dispute between rehired workers and the employer is rehired For individual labor disputes, although the labor arbitration panel has decided to settle the dispute, if the parties fail to implement and enforce the decision, the Court must re-settle the dispute upon request The number of labor cases that the Court has accepted to settle in recent years is not many, mainly individual labor disputes, which tend to increase and are uneven between territories and economic sectors The types of disputes that the Court accepts to settle are mainly disputes about disciplinary dismissal, unilateral termination of the labor contract, salary and social insurance, health insurance, unemployment insurance and the vast majority of the petitioners in this case are Employees The trial practice shows that there are still problems arising in determining the type of work under the jurisdiction of the Court such as disputes related to the identification of labor relations (dispute between 13 Grab driver and Grab company, dispute over working contract) and disputes arising from relations related to the Labor Contract about the support, compensation for not working for competitors, labor lending Because the labor law does not have a clear regulation, when a dispute arises, there are many different points of view in determining the dispute's legal relationship, leading to different jurisdiction of the Court - Jurisdiction of the Courts at all levels The competence of the court by level is the determination that, for such labor dispute, the district-level people's courts or the provincial-level people's courts have jurisdiction to settle according to first-instance procedures Articles 35 and 37 of the 2015 Civil Procedure Code stipulate that the district-level People's Courts are competent to settle according to first-instance procedures labor disputes specified in Article 32 of the Civil Procedure Code Provincial-level People's Courts are competent to settle according to first-instance and appellate procedures for cases in which firstinstance judgments or decisions of district-level People's Courts are appealed or protested against According to regulations, the People's Courts of provinces shall settle according to first-instance procedures labor disputes in cases such as not falling under the jurisdiction of the districtlevel People's Courts, labor disputes involving parties or assets abroad or requiring judicial entrustment to overseas representative missions, courts, competent agencies of foreign countries or by themselves to resolve labor disputes when deeming it necessary or at the request of the district-level People's Courts The Civil Procedure Code 2015 has no guidance on how to be an overseas litigant, overseas property or the need for offshore judicial entrustment Trial practice shows that labor cases are mainly resolved according to the order of first-instance proceedings at district courts The number of annual labor cases accepted and resolved by the provincial courts according to first-instance procedures is very small Basically, the jurisdiction of the Court by trial level has been specified in a specific and clear way - Jurisdiction of the Court by territory Article 39 of the 2015 Civil Procedure Code stipulates that the jurisdiction of the territorial court is the court where the defendant works or where the defendant resides or is headquartered In order to facilitate the initiation of lawsuits in certain cases, the Civil Procedure Code 2015 allows plaintiffs to choose a Court to settle or for the parties to legally agree on a Court for settlement 14 Labor disputes usually not have an agreement on the Court having jurisdiction to settle the dispute, but are usually resolved in the Court where the employer’s head office, the employee's workplace or the place of residence of the employee Basically, the law has created favorable conditions for labor relations parties to access justice and create favorable conditions for parties to participate in legal proceedings But not all employees only work at the location stated in the Labor Contract, but there are many cases where they have to move frequently Although the labor law has specific provisions on workplaces, if the Court of the employee's workplace is determined according to the provisions of the labor law, it will be difficult to determine the competent court During the operation, enterprises may change their headquarters or register their headquarters in one place, but the actual head office is located in another place 2.1.2 The legal status of the Court's decision-making authority in settling labor cases and implementation practices In labor cases, the Court mainly focuses on handling petitions for annulment of the employer's decision to unilaterally terminate the labor contract or the decision on disciplinary handling of illegal dismissal of the employer, request a refund of training costs Along with this main requirement, the employee also has additional requirements such as compensation for wages during non-working time, compensation for breach of notice obligation, compensation for illegal termination of the labor contract, pay social insurance Depending on the request to initiate a lawsuit, the Court will base its decision on the evidence, the legal provisions on the content of the 2019 Labor Code and guiding documents Basically, Vietnam's labor law governing the settlement of lawsuit claims is quite specific, following the "quantitative" trend This has created conditions for the Court to be able to make accurate and specific decisions in resolving labor cases However, the exercise of the Court's decision-making power still faces many difficulties and obstacles because there are still some regulations that are not specific, qualitative, and even have different interpretations; This leads to the Court having an inconsistent decision to arbitrate the dispute when assessing the legality of decisions on termination of labor contracts, dismissals or requests for reimbursement of training costs Therefore, the consistency and the right to a fair trial in the settlement of labor cases are not guaranteed In case the employer unilaterally terminates the labor contract, there are two grounds for termination which, when applied, may have different 15 evaluations Those grounds are: (i) Due to natural disasters, fires, dangerous epidemics, enemy sabotage or relocation or downsizing of production and business at the request of competent state agencies; (ii) Employees provide untruthful information as prescribed when entering into labor contracts, affecting the recruitment of employees On the first basis, it is the factor of how all remedies should be understood and evaluated On the second basis, how is it considered that such information affects the recruitment of workers In case the employer discipline the employee in the form of dismissal, it is an employee's violation that causes or threatens to cause serious damage to the property and interests of the employer Currently, there is no regulation on what is the act of causing serious damage or threatening to cause particularly serious damage to the property and interests of the employer Labor law also does not stipulate how damage is determined, is it direct damage or includes indirect damage? How much damage is determined to be serious, especially serious? What are the employer's benefits? It is this legal gap that leads to the situation that the Court has "very large" jurisdiction when adjudicating Besides, what is a written agreement to exchange with the Executive Committee of the Trade Union or the superior trade union in the case of dismissal or unilateral termination of the labor contract to employees that are members of the Executive Committee? What is the agreement in writing? Taking place before, during or after the disciplinary meeting is held, there are no provisions in the current labor law In the case of reimbursement of training costs, the employer usually sets some agreement on the commitment period, compensation or penalty for breach of contract to bind the employee These are issues that are not currently regulated by the labor law Whether the agreement on the level of damages to be compensated in addition to the training costs or the agreement on penalty for violation in the training contract is legal and accepted by the Court In case of settlement of the legitimate rights and interests of the employee upon the termination of the labor contract or illegal dismissal, the employer must bear the legal consequences in accordance with article 41 of Labor Code in 2019 Trial practice shows that there is inconsistent application when the Court exercises its decision-making authority in the following cases: (1) Labor law only stipulates minimum compensation; (2) Regarding the payment of wages during the days of not working, the days of breach of the notice obligation and the salary level as the basis for settlement of the 16 payment regime and compensation for the illegal termination of the labor contract In summary, the labor cases accepted and resolved by the Court and decided to settle the contents of the case have ensured the legitimate rights and interests of the parties in the labor relations; thereby contributing to building a harmonious and stable working environment However, there are still many cases that have not reached fairness The objective reason is that there are new legal relationships that have not yet been adjusted by the labor law; It is also possible that the current internal labor law provisions themselves still have problems, unclear and qualitative regulations The subjective reason is due to the capacity and experience of judges in applying labor law, especially when under great pressure on trial volume 2.2 The legal status of the Court's jurisdiction in dealing with labor issues and implementation practices 2.2.1 On the declaration that the labor contract is invalid The court is the only body that has the authority to declare an employment contract invalid Clause 2, Article 35 and Article 39 of Civil Procedure Code 2015 stipulates that the competent court to handle requests to declare a labor contract invalid is the district court where the labor contract is concluded or performed Depending on the degree of invalidity, the Court will declare the labor contract partially or completely invalid The court will declare the labor contract to be completely invalid in the following cases: (i) The entire content of the labor contract violates the law; (ii) The person entering into a labor contract is not authorized or violates the principle of entering into a labor contract of the Labor Code 2019; (iii) The work entered into in the labor contract is a job prohibited by law The court will declare the labor contract partially invalid when the content of that part violates the law but does not affect the remaining parts of the contract Along with declaring the labor contract invalid, the Court will base on the provisions of law to handle the legal consequences of the invalid labor contract The number of labor contracts containing many invalid elements but being considered and declared invalid by the Court is very small These invalidation factors are mainly related to employees borrowing personal documents of others to get hired, and the term in the labor contract is longer than the term in the work permit for foreign workers The question is, is there a case where a contract is validly formed but lacks one of the necessary elements of the contract, is it valid? 17 2.2.2 On the declaration that the collective labor agreement is invalid The court is also the only body that has the authority to declare a collective bargaining agreement invalid Clause 2, Article 35 of Civil Procedure Code 2015 stipulates that the competent court to handle requests to declare the collective bargaining agreement invalid is the district court where the collective bargaining agreement is signed or implemented According to Article 86 of the 2019 Labor Code, the Court declares the collective labor agreement to be partially invalid when one or several contents of the agreement violate the law The court will declare the collective labor agreement to be completely invalid when: (1) The entire content of the collective labor agreement violates the law; (2) The signatory is not authorized; (3) Failure to comply with the process of negotiating and signing a collective labor agreement The court will issue a settlement for the invalid agreement on the basis of the law and the lawful agreement of the parties in the labor contract to settle the rights according to the principle: The rights, obligations and interests of the parties stated in the contract corresponding to the whole or the part declared invalid shall be settled in accordance with the provisions of law and lawful agreements in the labor contract In fact, the number of cases about requesting the Court to declare a collective labor agreement is not much 2.2.3 Declaration of legality of strikes Workers through their representative organization can ask the Court to declare their strike as legal Employers can ask the Court to declare the strike illegal Clause 4, Article 35 and Article 39 of the 2015 Civil Procedure Code stipulate that the Court competent to handle the request for consideration of the legitimacy of the strike is the provincial court where the strike occurs The court declares an illegal strike in the following cases: Not because the representative workers' organization has the right to organize and lead the strike, violating the regulations on the order and procedures for conducting the strike, etc Every year, the number of strikes takes place relatively large, both in number and scale with increasingly complex developments, chain nature and the support of social networks The role of grassroots trade unions in strikes and strike resolution is lackluster To date, no petition to consider the legitimacy of the strike has been accepted by the people's court; These applications not have enough content as prescribed by law, so the applications will be returned or if they have been accepted, the settlement will be suspended 18