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VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES L PHAM THI THU PHUONG SOLVING DISPUTES ON UNILATERALLY TERMINATING LABOUR CONTRACTS UNDER THE VIETNAMESE LAW: A CASE STUDY OF THE PEOPLE’S COURT IN HO CHI MINH CITY Major: Economic Law Major code: 9.38.01.07 SUMMARY OF THE DOCTORAL DISSERTATION IN LAW Hanoi - 2019 The dissertation completed at Graduate Academy of Social Sciences, Vietnam Academy of Social Sciences Supervisor: Assoc Prof Dr Bui Anh Thuy Reviewer 1: Prof Dr Le Hong Hanh Reviewer 2: Assoc Prof Dr Le Thi Chau Reviewer 3: Dr Bui Ngoc Cuong The dissertation will be defended at Graduate Academy Level Council of dissertation assessment at Graduate Academy of Social Sciences, Vietnam Academy of Social Sciences, 477 Nguyen Trai, Thanh Xuan, Hanoi Time: ………… date ……… month …… …year 2019 The dissertation may be found at: - Vietnam National Library; - Graduate Academy of Social Sciences Library INTRODUCTION The necessity of the research topic Ho Chi Minh City (HCMC) is a key area of the economic development of the Southeast region, the service center of Southeast Asia with the largest number of businesses and employees in Vietnam According to the Center for Human Resource Forecast and Labor Market Information of HCMC, by 2020, HCMC needs 320,000 jobs, including 130,000 new ones However, along with the above development, labour cases in HCMC are therefore always large in number and complicated in content In fact, the two-tier People’s Court in HCMC still faces many difficulties and obstacles in the practice of judging these cases, so the effectiveness of the trial has not been achieved as expected One of the reasons for the above situation is that unilateral termination of labor contracts to be a complicated dispute The provisions of the Labor Code 2012 (which took effect since May 1, 2013) have greatly contributed to the adjustment of labour relations but still have some inadequacies while the complexity of unilateral termination of labor contracts tends to increase The inconsistency in solving disputes and assessing evidence among proceeding-conducting persons leading to different consequences, judgment annulling or judgment correction due to procedural violations From reasons mentioned above, it is necessary to examine and assess provisions of Vietnamese existing law, and to selectively acquire the advances of international law and of countries around the world so as to provide solutions to improve Vietnamese law Therefore, the author has chosen research work titled “Solving disputes on unilaterally terminating labour contracts under the Vietnamese law: A case study of the People’s Court in HCMC” as her doctoral dissertation in law Research purpose and tasks The dissertation aims to clarify the theoretical and practical issues on unilaterally and solving disputes on unilaterally terminating labour contracts of the two-tier People’s Court in HCMC so as to propose solutions to improve the law on unilaterally and unilateral dispute settlement to terminate the labour contracts Research subject and scope 3.1 Research subject First, provisions of labour law of Vietnam on contents (basis, procedures and legal consequences) of unilaterally terminating labour contracts and civil procedures to solve disputes of unilateral termination of labour contracts of the People’s Court Second, the practice of solving disputes on unilaterally terminating labour contracts of the two-tier People’s Court in HCMC 3.2 Research scope The study just examines the law on unilaterally terminating labour contracts (basis, procedures and legal consequences) and solving disputes on unilaterally terminating labour contracts at the People’s Court The assessment of the law enforcement on solving these disputes is conducted in HCMC (first-instance and appellate trials of the two-tier People’s Courts in HCMC (district and provincial levels) in accordance with civil proceedings) The dissertation just considers regulations on unilaterally terminating labour contracts of employers who are Vietnamese individuals and legal entities (not studying cases that employers are foreigner individuals or legal entities who conduct labour contracts under foreign law but working in Vietnam) Methodology and research methods 4.1 Methodology The study utilizes methodology of Marxism-Leninism on dialectical and historical materialism, Ho Chi Minh thought and viewpoints of the Communist Party of Vietnam 4.2 Research methods The dissertation utilizes a combination of research methods including methods of analysis, statistics, systematization, interpretation and comparison New contributions of the dissertation This is the first, comprehensive and systematical research work on the theoretical and legal issues on unilateral and solving disputes on unilaterally terminating labour contracts, namely: First, the dissertation continues to improve and develop theoretical basis of the law on solving disputes on unilaterally terminating labour contracts at the People’s Court Second, the dissertation seeks to assess comprehensively and systematically the reality of the law and practice of applying Vietnam’s existing law on solving unilateral termination of labour contracts at the People’s Court so as to point out problems and shortcomings of the existing law Third, the dissertation provides specific directions and recommendations to improve Vietnam’s existing law on solving disputes on unilaterally terminating labour contracts at the People’s Court from the trial experience of a two-tier People’s Court system in Ho Chi Minh City Theoretical and practical significance of the dissertation Theoretically: the dissertation contributes to strengthening and improving the theoretical basis on unilaterally and solving disputes on unilaterally terminating labour contracts under the Vietnamese law Practically: the dissertation contributes to further improving the efficiency of implementing unilateral termination of labour contracts by parties in labour relations as well as the efficiency of solving disputes on unilaterally terminating labour contracts and labour management of the state administration Structure of the dissertation Besides the introduction and conclusion and references, the dissertation includes chapters: Chapter 1: Literature review and theoretical basis Chapter 2: Theoretical issues of unilateral termination of labour contracts and solving disputes on unilaterally terminating labour contracts at the People’s Court Chapter 3: The reality of the law and applying the law for solving disputes on unilaterally terminating labour contracts by the People’s Court in Ho Chi Minh City Chapter 4: Improving the law of solving disputes on unilaterally terminating labour contracts at the People’s Court Chapter LITERATURE REVIEW AND THEORETICAL BASIS 1.1 Literature review 1.1.1 Research situation in Vietnam In Vietnam, solving disputes on unilaterally terminating labour contracts is not a new topic and has long attracted many authors to study with different scales and levels For example, the concept of unilaterally terminating labour contracts, basis for terminating unilaterally labour contracts, order, procedures, legal consequences, as well as procedures of solving disputes on unilaterally terminating labour contracts and solutions to improve the law on solving disputes on unilaterally terminating labour contracts Studies on unilaterally terminating labour contracts argued that Vietnamese labour law has many limitations and thus provides orientations to improve the law’s contents such as perfecting the general orientation of the labour law specific regulations on labour procedures and complete specific provisions in the Labor Code 1.1.2 Research situation abroad In other countries, the issue of solving disputes on unilaterally terminating labour contracts has also been examined in different aspects and levels such as A.C.L Davies published the book “Perspectives on Labour law” in 2003; “The Future of Labour law” by Catherine Barnard, Simon Deakin and Gillians Morris, Oxford and Portland Oregon in 2004, especially John D R Craig S Michael Lynk published the book “Globalization and the future of labour law” in 2006 1.2.3 General assessment First, many research works have clarified some theoretical issues on the concept and characteristics of the law on unilaterally and solving disputes on unilaterally terminating labour contracts but there are theoretically gaps of the law adjustment to this issue Second, research works on the practice of applying the law on unilateral termination of labour contracts (applying basis, order, procedures, legal consequences) are greatly interested in while applying the law for solving disputes on unilaterally terminating labour contracts at the People’s Court (jurisdiction, statute of limitations, order and procedures) are still very limited Third, solutions to improve the law on unilaterally and solving disputes on unilaterally terminating labour contracts, some research works have made specific recommendations based on the analysis of situation of the law as well as the application in practice 1.1.4 The issues need to be further examined in the dissertation First, the dissertation seeks to examine theoretical issues of solving disputes on unilaterally terminating labour contracts such as concepts, characteristics, significance and contents of legal adjustment on unilaterally and solving disputes on unilaterally terminating labour contracts Second, from the practice of solving disputes on unilaterally terminating labour contracts in HCMC, the dissertation tries to assess the efficiency of adjustment of the existing Civil Procedure Code when solving disputes and is it necessary to enact a separate law to regulate this type of dispute? Third, the dissertation summarizes the lessons learned from the practice of trial so as to provide specific solutions to improve the efficiency of solving these cases in the context of international economic integration of Vietnam 1.2 The theoretical basis First, Marxism - Leninism, Ho Chi Minh thought on the role of the State, the relationship between state power and the protection of citizens’ democratic freedoms (rights of disputing parties), between law and economy, between the common and the private, between social consciousness and social existence, and business freedom Second, policies and guidelines of the Communist Party of Vietnam and the laws of the State of the Socialist Republic of Vietnam Third, the theory of equality before the law Fourth, the theory of the rights to access to justice of citizens and the role of the court in solving disputes on unilaterally terminating labour contracts Fifth, the theory of respecting for the rights to self-determination of parties in the labour relations, from the conclusion of the labour contract to the termination of the labour contract and solving disputes Sixth, the theory of limiting freedom of parties in labour relations 1.2.1 Research questions, research hypotheses and research findings Q1: What are characteristics of unilateral termination of the labour contracts and the requirements for solving disputes on unilaterally terminating labour contracts in general and solving disputes in the People’s Court in particular? Q2: What is the role of solving disputes on unilaterally terminating labour contracts for production stability, social stability and economic development? Q3: What are the contents of the law on unilateral termination of the labour contract and solving disputes on unilaterally terminating labour contracts? Q4: What are inadequacies of provisions of the law on solving disputes on unilaterally terminating labour contracts and the law enforcement in HCMC? What are the causes of such inadequacies? Q5: What are directions and requirements for improving the law on solving disputes on unilaterally terminating labour contracts? Q6: Is it necessary to have recommendations to improve the law and which solutions to implement the law on solving disputes on unilaterally terminating labour contracts at the People’s Court from experiences of two-tier People’s Court in HCMC? 1.2.2 Research approach The dissertation is approached by the perspective of jurisprudence and the real perspective (contents of the law and procedural law) Conclusion of chapter By reviewing literature and relevant issues, it may be seen that solving disputes on unilaterally terminating labour contracts is not a new topic and has long attracted many authors to examine with various scope and levels However, reviewing and assessing Vietnamese law on this issue from the practice of the trial of the People’s Court, this is a new and unexplored topic When employers unilaterally terminate the labor contract, for employees, in this time, can help them to find a new job suitable to their abilities, avoiding the income disturbance affecting their lives and family The employer’s notice in advance must be reasonable (Article 11 of Convention 158) The law of countries has various provisions on this issue 2.1.4.3 Legal consequences of unilateral termination of labor contract The legal consequences arising from legally or illegally unilateral termination of labour contracts are different In the case of unilateral termination of the labor contract in accordance with the law, the settlement of the rights and obligations of the parties is quick and convenient, there are few disputes and complaints In contrast, unilateral termination of labour contracts is illegal, it easily occurs disputes and complaints 2.2 Theoretical issues of the law on solving disputes on unilaterally terminating labour contracts at the People’s Court 2.2.1 Concept and characteristics of unilateral dispute of terminating labor contracts 2.2.1.1 The concept of unilateral dispute of terminating labour contracts Unilateral dispute of terminating labour contracts is defined as conflicts between employees and employer when implementing the right to unilaterally terminate the labour contracts Unilateral dispute of terminating labour contracts is essentially disputes of interests among parties in the labour relations 2.2.1.2 Characteristics of unilateral disputes of terminating labor contracts 11 Unilateral dispute of terminating labor contracts is the dispute among parties have interdependent relationship; unilateral dispute of terminating labor contracts stemming from three main causes; unilateral dispute of terminating labor contracts has many impacts on parties in labour and social relationship 2.2.2 Concept and characteristics of solving disputes on unilaterally terminating labour contracts 2.2.2.1 The concept of solving disputes on unilaterally terminating labour contracts Solving disputes on unilaterally terminating labour contracts is defined as competent state agencies carry out procedures to resolve disputes on unilaterally terminating labour contracts to restore the infringed rights and interests and resolving conflicts between employees and employers to maintain stable production and labour relationship 2.2.2.2 Characteristics of solving disputes on unilaterally terminating labour contracts First, solving disputes on unilaterally terminating labour contracts must rely on the general principle of resolving labour disputes Second, solving disputes on unilaterally terminating labour contracts can be implemented by many different ways Third, in the process of solving disputes on unilaterally terminating labour contracts, there will be many stakeholders get involve in to ensure that this resolution is implemented by order and procedures, avoiding behaviors that may adversely affect parties in labour relationship Fourth, solving disputes on unilaterally terminating labour contracts in order to recognize or restore legitimate rights and interests of the subjects 12 2.2.3 Significance of solving disputes on unilaterally terminating labour contracts First, solving disputes on unilaterally terminating labour contracts will have significant impacts on the stability of production, society and economic development Second, solving disputes on unilaterally terminating labour contracts will help employees, employers and the whole society believing the law and creating stability of production, society and economic development 2.2.4 Contents of the law on solving unilateral disputes of terminating labour contracts at the People’s Court 2.2.4.1 Principles of solving disputes on unilaterally terminating labour contracts at the People’s Court Ensuring the right of decision and self-determination of the disputing parties; ensuring equal rights among the disputing parties; providing evidences; the mediation in solving disputes on unilaterally terminating labour contracts; solving labor disputes publicly, transparently, objectively, promptly, quickly and lawfully 2.2.4.2 The jurisdiction of the People’s Court in solving disputes on unilaterally terminating labour contracts The jurisdiction of solving disputes on unilaterally terminating labour contracts is an important issue of the law of solving disputes on unilaterally terminating labour contracts in the People’s Court should be examined 2.2.4.3 Prescription to sue a case of unilaterally terminating labour contract It is necessary to pay attention to three contents: the time that petitioner has the right to initiate a lawsuit; the time of the prescription to sue, and the legal consequences of initiating a lawsuit late 13 2.2.4.4 Order and procedure for solving disputes on unilaterally terminating labour contracts at the People’s Court Order and procedure for solving disputes on unilaterally terminating labour contracts at the People’s Court with specific elements of judicial jurisdiction, in which, the People’s Court plays a central role and has the right to make the final decision to solve disputes In order for this order and procedure to be effective, the law on order and procedure for solving disputes on unilaterally terminating labour contracts must be built based on the characteristics of unilateral termination of labour contracts and unilateral disputes of terminating labour contracts and legal adjustments for this relationship Conclusion of chapter Solving disputes on unilaterally terminating labour contracts is an urgent demand to meet the requirements of objective practices In addition to the common characteristics of solving labour disputes, solving disputes on unilaterally terminating labour contracts at the People’s Court also has its own characteristics that make a difference from other resolution of labour such as negotiation and mediation Therefore, the adjustment of the law of solving disputes on unilaterally terminating labour contracts must consist of issues such as principles, authority, order, procedure for solving disputes on unilaterally terminating labour contracts at the People’s Court 14 Chapter THE REALITY OF THE LAW AND APPLYING THE LAW FOR SOLVING DISPUTES ON UNILATERALLY TERMINATING LABOUR CONTRACTS BY THE PEOPLE’S COURT IN HO CHI MINH CITY 3.1 The reality of the law for solving disputes on unilaterally terminating labour contracts at the People’s Court 3.1.1 The reality of labour law on unilateral termination of labour contracts at the People’s Court 3.1.1.1 The basis for unilateral termination of labour contracts * For employees: on the basis of types of labor contracts in Article 22 of the 2012 Labour Code, the law has had various adjustments on the basis, order and procedures for unilateral termination of labour contracts of employees * For employers: all three types of labour contracts, the employer has the right to unilaterally terminate the labor contract when having basis that stipulated in Article 38 of the 2012 Labor Code 3.1.1.2 Procedures for unilateral termination of labour contracts There is a difference of procedures for unilateral termination of labour between employers and employees, between definite term labour contracts, seasonal labour contracts and indefinite term contracts 3.1.1.2 The legal consequences of unilateral termination of labor contracts The legal consequences of unilaterally terminating labour contracts by the law are different from illegally unilateral termination of labour contracts 3.1.2 The real situation of civil procedure law of solving disputes on unilaterally terminating labour contracts 15 The author analyzes the real situation in the following aspects: Principles of solving disputes on unilaterally terminating labour contracts at the People’s Court; the jurisdiction of solving disputes on unilaterally terminating labour contracts; the prescription to sue cases of unilateral termination of labour contracts; order and procedures for solving disputes on unilaterally terminating labour contracts at the People’s Court by the procedure of civil proceedings 3.2 Practical application of the law for solving disputes on unilaterally terminating labour contracts of the two-tier People’s Court in HCMC 3.2.1 Overview of situation of solving disputes on unilaterally terminating labour contracts of the two-tier People’s Court in HCMC In fact, the number of labour dispute cases always accounts for a significant proportion and with many difficulties and inadequacies in solving this type of disputes The People’s Court in HCMC has jurisdiction to solve cases by firstinstance and appellate procedures 3.2.2 Factors affecting unilateral dispute settlement of terminating labour contracts of the two-tier People’s Court in HCMC Solving disputes on unilaterally terminating labour contracts of the two-tier People’s Court in HCMC is influenced by the following factors: due to the characteristics of the socio-economic situation affecting the employment situation in HCMC; number of officers and judges of the People’s Court; the quality of people’s Jurors; conditions on facilities, equipment, working facilities and application of information technology; coordination between state agencies and the Court 16 3.2.3 Assessing practical application of the law for solving disputes on unilaterally terminating labour contracts of the two-tier People’s Court in HCMC 3.2.3.1 Assessing practical application of labour law a The basis for unilateral termination of labour contracts * For employees: The author seeks to assess the actual basis on employees are not arranged the right jobs, bad working conditions, inconsistent with the agreement in the labour contract; employees are mistreated, sexual abuse, force to work; employees are appointed doing professional work in elected body or appointed holding job titles in the state body * For employers: The author seeks to assess the actual basis on employees often not finish work under the labour contracts; on changes of labor recruitment criteria when implementing labour contracts; on the obligation to provide information to the employer before committing the labour contract; agreements on restraint of competition in the labour relationship; terminating labour contracts to people who reach retirement age b Procedures for unilateral termination of labour contracts * For employees: The employee must continue to contact and is managed and controlled by employer within next working days to terminate the labour contract, is not reasonable, thus it is necessary to have specific instruction to apply consistently * For employers (they must notify in advance unilaterally terminating labour contracts; on the order and procedures for employers to unilaterally terminate the labour contract to juvenile employees; and distinguishing the labour contracts from the service contracts and collaborator contracts) 17 c Legal consequences of unilateral termination of labor contracts In many cases, during the mediation and trial of labour disputes, the social insurance agency requires the payment of social insurance by the law, but the first-instance court just forces the employer to pay social insurance and return the social insurance book to employees without forcing the employees to pay social insurance is inconsistent, because this is the obligation of both sides, this leads to appeals and protests 3.2.3.2 Assessing practical application of the civil procedure law In fact, the application of provisions of solving disputes on unilaterally terminating labour contracts still has the following problems: Principles of solving disputes on unilaterally terminating labour contracts at the People’s contracts; the prescription to sue cases of unilateral termination of labour contracts; order and procedures for solving disputes on unilaterally terminating labour contracts at the People’s Court by the procedure of civil proceedings Conclusion of chapter General provisions of solving disputes on unilaterally terminating labour contracts at the People’s Court such as principles of solving, jurisdiction of the People’s Court, the prescription for solving labour disputes on unilaterally terminating labour contracts at the People’s Court have been discussed Especially, procedures for solving labour disputes on unilaterally terminating labour contracts at the People’s Court are designed by the dissertation in an independent content through the procedures for solving labour disputes on unilaterally terminating labour contracts at the People’s Court 18 Chapter IMPROVING THE LAW OF SOLVING DISPUTES ON UNILATERALLY TERMINATING LABOUR CONTRACTS AT THE PEOPLE’S COURT 4.1 The requirements of improving the law of solving disputes on unilaterally terminating labour contracts 4.1.1 The requirements of labour market development and international integration Improving the provisions of Vietnamese law on unilaterally and solving disputes on unilaterally terminating labour contracts must be consistent with features of labur relationship to stabilize the labour relationship and solving labour disputes at the People’s Court must quickly, objectively, fairly and lawfully to ensure the feasibility and limiting negative impacts on the labour relationship 4.1.2 The requirements of judicial reform and building a rule-oflaw State For provisions on unilaterally and solving disputes on unilaterally terminating labour contracts, the judicial reform and building a rule-oflaw state require employers must exercise flexibility to terminate a labour contract 4.2 Directions for improving the law of solving disputes on unilaterally terminating labour contracts at the People’s Court 4.2.1 Ensuring the interests of both employees and employers when terminating the labour relationship The reasonable adjustment of the law on the unilateral termination of labour contracts of both employees and employers will contribute to helping enterprises to implement employers’ social responsibilities towards the enterprises 19 4.2.2 Ensuring the stability of labour relationship after unilaterally terminating labour contracts The stability of labour relationship is a factor that needs to be considered even when this relationship ended Therefore, when completing the law on solving unilateral disputes to terminate labour contracts, it is necessary to ensure the stability of labour relationship after unilaterally terminating the labour contracts 4.2.3 Procedures for solving disputes on unilaterally terminating labour contracts are simple, flexible and make convenient for the disputing parties When completing the law on solving disputes, there should be an appropriate mechanism for the People’s Court to fulfill its role Namely, it is necessary to simplify procedures, create convenience for the disputing parties, the procedures for solving labour disputes at the Court must reflect the peculiarities of the labour disputes and ensuring the consistency and uniformity of mechanism of solving labour disputes to meet the requirements of judicial reform and building the rule-of-law State in the era of integration 4.2.4 Specializing in hearing cases of unilaterally terminating labour contracts The specialization is shown in specializing organizational structure of the People’s court and Judge group and people’s Jurors 4.2.5 Ensuring the feasibility of the provisions of solving disputes on unilaterally terminating labour contracts Ensuring the feasibility of the provisions of solving disputes on unilaterally terminating labour contracts is one of the important directions when improving the law on this issue 20 4.3 Recommendations to improve the existing law of Vietnam in solving disputes on unilaterally terminating labour contracts at the People’s Court 4.3.1 Recommendations to improve labour law on solving disputes on unilaterally terminating labour contracts 4.3.1.1 The basis for unilateral termination of labour contracts * For employees Regarding the basis for unilateral termination of definite term labor contracts and seasonal labour contracts, the study introduces some following recommendations: on the basis for employees being mistreated, sexual abuse and force to work; on the basis for employee must be off work to take care wife/husband, father, mother, father-inlaw, mother-in-law, child and adopted child who get sick, accidents; on the basis for employee who is appointed professional work in the elected body or appointed serving job titles in the state body * For employers the study introduces some following recommendations: on the basis for employees often not finish their work under the labour contract; on the changes of labour recruitment criteria when implementing the labour contract; on the obligation to provide information to the employer before committing the labour contract; identifying cases of unilateral termination of labour contracts; and agreements on the restraint of competition in the labour relationship 4.2.1.2 Order and procedures of unilateral termination of labor contracts * For employees Protection of employees is important, but the protection must be put in an equal relationship with employers Therefore, the author proposes 21 to amend Article 37 of the 2012 Labor Code by having more positions on reasons for terminating labour contracts and apply for al types of labour contracts but the prior notice depends on each reason and labour contract; removing Clause 3, Article 37 of the 2012 Labour Code * For employers The employer must notify before unilaterally terminating labour contracts; order and procedures for the employer to unilaterally terminate labour contracts to juvenile employees; the employee’s rights to be defended before terminating their labour contracts; terminating labour contracts to labourers being caregivers and highly qualified airline staffs; and cases of illegally unilateral termination of labour contracts 4.2.1.3 Legal consequences of illegally unilateral termination of labour contracts In order to create fairness among parties and limit the damage when the employee unilaterally terminates the labor contract illegally, the author proposes to amend Clause 1, Article 43 of the 2012 Labor Code by stipulating a more appropriate compensation level enough to deterring employees It is necessary to specify in detail how to determine the actual compensation that employees will be received Besides, avoiding different handling, the phrase “at least months of salary under the labour contract” 4.3.2 Proposing to finalize civil procedure legislation on unilateral termination of labor contracts 4.3.2 Recommendations to improve the civil procedure law on solving disputes on unilaterally terminating labour contracts 22 It is necessary to have a separate chapter on labour procedure in the Civil Procedure Code; it is necessary to amend the provisions of the law so that it is possible to apply shortened procedure for labour cases under the provisions of the 2015 Civil Procedure Code; having more specific provisions on the participation of the People’s Jurors who have been working in the collective organizations or those who have knowledge of labour law in the trial panel of labour cases; having clear and specific provisions on the scope and request to initiate lawsuit; provisions on the Court conducting conciliation at all stages of hearing labour cases; evidences and demonstrate in solving disputes on unilaterally terminating labour contracts 4.3.3 Recommendations to implementing the law on unilaterally and solving disputes on unilaterally terminating labour contract at the People's Court It is necessary to synchronously implement a number of policies such as: Building policies on training, improving skills, vocational training and providing labour market information fully and quickly, creating a stability between supply and demand for labour, contributing to job stability and increase income for employees; improving the quality and performance of trade unions; improving the capacity of representatives of employers Conclusion of chapter In order to stabilize production and business, ensure social order and safety, solving labour disputes and limiting labour disputes are very necessary Thus, on the basis of studying the real situation of solving disputes on unilaterally terminating labour contracts by the People’s Court in HCMC today, this chapter has proposed some recommendations tom build and improve the law as well as the law enforcement on the unilateral termination of labour contracts 23 CONCLUSION From the above contents, the study draws some following conclusion First, violations of unilaterally terminating labour contracts (basis, order, procedures and solving legal consequences) have been causing conflicts, disagreements among parties involving the labour relationship In addition, the implementation of provisions of solving disputes on unilaterally terminating labour contracts has also revealed certain inadequacies Second, in the context of deeply international economic integration of Vietnam, the more and more foreign labourers working in Vietnam, in order to overcome above restrictions, it is necessary to have changes and unification of viewpoints in issuing law for solving disputes on unilaterally terminating labour contracts Third, problems of solving disputes on unilaterally terminating labour contracts of the two-tier People’s Court in HCMC shall be effectively solved if we apply simultaneously legal solutions, (for example: unifying settlement on compensation levels, basis for termination) and other solutions (for example, propaganda and education of the labour law to raise responsibility and capacity of each judge, strengthening inspection, control and strictly handle enterprises intentionally violate) 24 THE AUTHOR’S PUBLISHED-RESEARCH WORKS Pham Thi Thu Phuong (2018) “Solving disputes on unilaterally terminating labour contracts by employees”, Journal of People’s Court, No 17, pp 3-6 Pham Thi Thu Phuong (2018) “Solving disputes on unilaterally terminating labour contracts by employees – some problems and directions”, Journal of People’s Court, No 19, pp 33-36 25 ... guidelines of the Communist Party of Vietnam and the laws of the State of the Socialist Republic of Vietnam Third, the theory of equality before the law Fourth, the theory of the rights to access to... of Social Sciences, Vietnam Academy of Social Sciences, 477 Nguyen Trai, Thanh Xuan, Hanoi Time: ………… date ……… month …… …year 2019 The dissertation may be found at: - Vietnam National Library;... work on the theoretical and legal issues on unilateral and solving disputes on unilaterally terminating labour contracts, namely: First, the dissertation continues to improve and develop theoretical