Procedures for Settlement of Requests for Declaration of Invalidity of Labor Contracts and Collective Bargaining Agreements
Request for declaration of invalid labor contracts and collective bargaining agreements
Employees, employers, employees’ representative organizations, and competent state agencies shall have the right to request the competent Court to declare a labor contract or collective bargaining agreement invalid when there are grounds as prescribed by the Labor Code.
An application from employees, employers, employees’ representative organizations, or a written request from a competent state agency must contain the contents prescribed in Clause 2, Article 362 of the Civil Procedure Code.
Examination of requests for declaration of invalid labor contracts and collective bargaining agreements
The time limit for preparation to examine a request for declaration of an invalid labor contract shall be 10 days, and for an invalid collective bargaining agreement shall be 15 days, from the date the Court accepts the application. Upon expiry of such time limit, the Court must issue a decision to convene a meeting to examine the application.
After accepting the application for declaration of an invalid labor contract or collective bargaining agreement, the Court must send a notice of acceptance to the applicant, the employer, the employees’ representative organization, and the People’s Procuracy of the same level.
During the time limit for preparation of examination, if the applicant withdraws the application, the Court shall issue a decision to terminate the examination of the application or written request.
Within 05 working days from the date of the decision to convene a meeting, the Court must hold a meeting to examine the request for declaration of an invalid labor contract.
Within 10 days from the date of the decision to convene a meeting, the Court must hold a meeting to examine the request for declaration of an invalid collective bargaining agreement.
When examining the application, the Judge may either accept or reject the request for declaration of an invalid labor contract or collective bargaining agreement.
If the request is accepted, the Judge shall issue a decision declaring the labor contract or collective bargaining agreement invalid. In such decision, the Court must resolve the legal consequences of the declaration of invalidity of the labor contract or collective bargaining agreement.
The decision declaring a labor contract or collective bargaining agreement invalid must be sent to the applicant, the employer, the employees’ representative organization, and the state labor management authority where the enterprise has its head office, as well as the competent state labor management authority in cases involving enterprises without a head office in Vietnam.
(Legal basis: Articles 401, 402 of the Civil Procedure Code 2015)
