I. What are labor disputes?
Labor disputes are disputes between employees and employers regarding salary, other rights of social insurance, unemployment insurance, job-loss allowance upon the termination of the labor contract, rights and obligations of employees, employers when the labor discipline or the labor contract’s unilateral termination occurs, and other types of labor disputes.
II. Types of labor disputes often arise
In practice and pursuant to the regulations of the laws, types of labor disputes that often arise mainly include:
- Disputes over labor discipline in the form of dismissal or unilateral termination of labor contract;
- Disputes overcompensating for damages, allowances upon the termination of labor contract;
- Disputes over vocational training and apprenticeship;
- Disputes over labor subleasing.
In addition, there are other types of labor disputes such as disputes between domestic workers and employers; disputes over compensation for damage between employee and enterprise, public non-business units sending employees to work abroad under contracts. They are likely to occur in reality, however, they do not account for the percentage as large as the types of labor disputes mentioned above.
III. Who are TNTP’s Clients in labor disputes?
In labor disputes, TNTP’s Clients may include the following subjects:
- Employees;
- Apprentices;
- Employers;
- Labor sub-lessor.
IV. What do Clients need to prepare before working with TNTP?
Before working with TNTP, Clients need to prepare the following information, documents:
- Labor contract or apprenticeship contract, probationary contract, labor sublease contract, … and contract annexes, if any (depending on the nature of the dispute);
- Books of social insurance and health insurance (if any);
- Decisions and documents related to disputes such as Decision on labor discipline, Decision on unilateral termination of the labor contract, Agreement on termination of the labor contract, Notice on compensation for damage …;
- Other types of documents collected by Clients related to the dispute (if any).
Each Client’s dispute has different circumstances, which leads to different solutions. Therefore, verbal communication between TNTP and Clients is not enough. TNTP needs to study and review all files and documents to have an objective view of the case, thereby clarifying conflicting issues and finally giving an action plan to protect the legal rights and interests of Clients.
V. How does TNTP receive and process information?
When Clients contact TNTP, TNTP’s Lawyers will receive and process information as follows:
- Step 1: Based on the information, documents provided by Clients as well as discussions with Clients, Lawyers of TNTP will research the case and give some initial consultation.
- Step 2: Then, TNTP will send a Quotation attached to a detailed implementation Plan to Clients so that Clients can consider signing Legal Service Agreement with TNTP.
- Step 3: In case Clients agree with the Quotation, TNTP will send a Legal Service Agreement to Clients. The Parties will sign Agreement and Clients will pay legal services fee to TNTP (if any).
Kindly be noted that the legal service fees of TNTP are exclusive of Value Added Tax, court fees, arbitration fees, fees according to state regulations, travel expenses for lawyers, translation, photocopying, notarization, and authentication fees, long-distance telephone, postage charges, and other reasonably incurred expenses. In case the above-mentioned expenses are incurred, TNTP will propose opinions to Clients and TNTP will only perform the work if Clients agree to pay reasonably incurred expenses.
After signing the Agreement and receive service fees (in case there is a fixed service fee), TNTP will perform works according to the Quotation and the implementation Plan that Clients has agreed.
VI. TNTP’s commitment to legal service
With the attitude of protecting the legal rights and interests of the Client, TNTP has been and will try to bring Clients trust and comfort when using TNTP’s legal services.
Throughout the process of providing legal services, TNTP commits to support Clients and perform the work in the fastest, most timely and effective way, regularly report the progress of the case as well as give the next plan so that Clients can easily monitor and evaluate the work results.
