Khái niệm, đặc điểm và giải quyết Tranh Chấp Lao Động

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  1. Khái niệm và đặc điểm

Tranh Chấp Lao Động

không còn là một khái niệm xa lạ trong quan hệ cung cầu về lao động hiên nay. Cùng sự phát triển của quan hệ lao động trong nền kinh tế thị trường, việc phát sinh các Tranh Chấp Lao Động cũng có xu hướng kéo theo ngày càng tăng.

Theo quy định của pháp luật lao động, Tranh Chấp Lao Động được hiểu là tranh chấp về quyền, nghĩa vụ và lợi ích phát sinh giữa các bên trong quan hệ lao động. Xuất phát từ tính đặc thù trong quan hệ lao động do đó tranh chấp và giải quyết Tranh Chấp Lao Động cũng sẽ có những đặc điểm và nguyên tắc riêng cụ thể như được nêu ra dưới đây:

  • Đối tượng của Tranh Chấp Lao Động là quyền, nghĩa vụ và lợi ích của các bên trong quan hệ giữa người lao động và người sử dụng lao động.
  • Chủ thể của một Tranh Chấp Lao Động chính là chủ thể của quan hệ lao động, bao gồm người lao động, người sử dụng lao động và tập thể lao động. Bên cạnh đó để một tranh chấp được xem là Tranh Chấp Lao Động, tranh chấp đó phải phát sinh giữa hai bên là người sử dụng lao động và người lao động, cụ thể theo quy định của pháp luật lao động hiện nay Tranh Chấp Lao Động được chia ra làm hai loại bao gồm Tranh Chấp Lao Động cá nhân giữa người lao động với người sử dụng lao động và Tranh Chấp Lao Động tập thể giữa tập thể lao động với người sử dụng lao động;
  • Tính chất của một Tranh Chấp Lao Động không chỉ thể hiện ở nội dung vụ việc, mà có thể sẽ thay đổi với mức độ tham gia của người lao động và quy mô khác nhau. Tranh Chấp Lao Động không chỉ dừng lại ở việc giải quyết quyền, lợi ích cho một hoặc một nhóm cá nhân nào cụ thể, đối với những Tranh Chấp Lao Động tập thể, việc Tranh Chấp Lao Động xảy ra có thể sẽ ảnh hưởng lớn đến sự ổn định của cả một doanh nghiệp và trật tư, an ninh xã hội.
  • Tranh Chấp Lao Động còn gồm cả những tranh chấp về lợi ích giữa hai bên chủ thể. Nói cách khác, Tranh Chấp Lao Động vẫn có thể phát sinh trong những trường hợp có hoặc không có vi phạm pháp luật trong lĩnh vực lao động. Phần lớn các trường hợp vi phạm pháp luật lao động là nguyên nhân trực tiếp dẫn đến tranh chấp lao động song cũng không có ít trường hợp vi phạm pháp luật lao động nhưng lại không làm phát sinh Tranh Chấp Lao Động và ngược lại.
  1. Giải quyết Tranh Chấp Lao Động
  • Hòa giải là một nguyên tắc giải quyết Tranh Chấp Lao Động

Vì Tranh Chấp Lao Động là tranh chấp đặc thù phát sinh liên quan trực tiếp đến quyền lợi và nghĩa vụ các bên trong quan hệ lao động do đó ngoại trừ một số tranh chấp cụ thể được pháp luật liệt kê, đa số các Tranh Chấp Lao Động điều bắt buộc phải qua thủ tục hòa giải trước khi khởi kiện ra tòa án. Hòa giải được xem là một nguyên tắc giải quyết tranh chấp lao, đây cũng là thủ tục bắt buộc để tòa án xem xét thụ lý và giải quyết vụ việc đối với đa số các Tranh Chấp Lao Động.

  • Công khai, khách quan và kịp thời trong Tranh Chấp Lao Động

Như tất cả các phương thức giải quyết tranh chấp khác theo pháp luật, giải quyết Tranh Chấp Lao Động phải được thực hiện công khai, khách quan, kịp thời, nhanh chóng, đúng pháp luật. Đặc biệt, vì tính chất đặc thù của quan hệ tranh chấp là quan hệ lao động với các thiệt hại xảy ra trực tiếp và trong từng thời điểm đối với cá nhân người lao động và mức ảnh hưởng là không nhỏ tới hoạt động kinh doanh người sử dụng lao động, pháp luật quy định thời hạn giải quyết Tranh Chấp Lao Động ngắn hơn so với thời hạn giải quyết tranh chấp khác.

  • Sự tham gia của công đoàn cơ sở

Trong xu hướng mất cân đối về nhu cầu cung cầu của thị trường lao động hiện nay, mặc dù pháp luật lao động hướng theo tinh thần bảo vệ quyền và lợi ích cho người lao đông tốt nhất có thể, tuy nhiên người lao động vẫn luôn trong vị thế của bên yếu hơn trong quan hệ lao động. Do đó sự tham gia bảo vệ của tổ chức công đoàn cũng là yêu cầu tất yếu. Đúng như vai trò luật định đề ra, công đoàn cơ sở là đại diện, bảo vệ quyền và lợi ích hợp pháp, chính đáng của các đoàn viên công đoàn, người lao động, do đó sự tham gia của công đoàn cơ sở với tư cách đại diện cho phía người lao động cũng là một đặc trưng và là một trong những nguyên tắc của việc giải quyết Tranh Chấp Lao Động so với việc giải quyết các loại tranh chấp khác.

Cùng với tính đặc thù của quan hệ lao động, Tranh Chấp Lao Động cũng có những đặc điểm khác biệt và đang chú ý so với tranh chấp của những lĩnh vực khác, trên đây là một số đặc điểm cơ bản cũng như các nguyên tắc nổi bậc để nhận dạng và được áp dụng đối với việc giải quyết một Tranh Chấp Lao Động.

Nếu bạn muốn biết thêm thông tin về cách chúng tôi có thể hỗ trợ bạn về các vấn đề về lao động và việc làm, xin vui lòng liên hệ với chúng tôi theo số điện thoại: +84 (28) 3622 3522 hoặc email cho chúng tôi tại info@phuoc-associates.com

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