The Role of Trade Unions in Resolving Labor Disputes in Vietnam
1. Trade Unions – The “Bridge” in Labor Disputes
When a labor dispute arises between employees and employers, the trade union plays an indispensable role in restoring a harmonious, stable, and progressive labor relationship. As an intermediary, the union is responsible for “maintaining the flame” of industrial relations by protecting employees’ rights and promoting negotiation and conciliation before the dispute escalates to litigation.
From July 1, 2025, the Trade Union Law 2024 will officially take effect, introducing new provisions on the settlement of disputes concerning trade union rights — a key development that both enterprises and grassroots unions should pay close attention to.
So, what exactly does the union do when a dispute arises?
2. Trade Union Involvement from the “Early Stage” – Prevention Before Resolution
2.1. Dissemination and Legal Awareness for Employees
The union is responsible for educating and explaining labor laws, as well as the rights and obligations of both employees and employers, employment contracts, and collective labor agreements (CLAs). This helps employees identify violations early and prevent disputes from occurring.
2.2. Participating in the Formation and Supervision of Collective Labor Agreements
The union represents employees in negotiating, signing, and monitoring the implementation of CLAs — an essential tool for establishing internal dispute resolution mechanisms and setting out mutual commitments between the parties.
2.3. Dialogue and Negotiation at the Enterprise
When employees file complaints or raise concerns, the union (either at the enterprise level or a higher level) is often assigned to negotiate with the employer. Through such dialogue, both individual and collective disputes can be resolved before they escalate to mediation or court proceedings.
2.4. Internal Mediation and Cooperation with Labor Mediators
According to the Labor Code 2019 and its guiding regulations, before a labor dispute is brought to arbitration or court, the parties must go through a labor mediator. The union can participate in the mediation session to support employees or encourage both parties to reach an agreement.
3. Trade Unions in Legal Proceedings – Protecting Employees Beyond the “Negotiation Boundary”
When negotiation and mediation fail, the union continues to play a pivotal role as disputes move into litigation or higher-level legal processes.
3.1. Representation or Participation in Civil Proceedings
The grassroots union may be authorized or appointed by the court to represent individual employees or groups of workers in labor cases.
In many cases, the union acts as a plaintiff to compel the employer to fulfill obligations (e.g., salary payment, compensation) or as a defendant if accused of organizing an unlawful strike.
The union also has the right to participate in court procedures — such as reviewing evidence, attending conciliation sessions, and accessing documents — to safeguard workers’ rights.
3.2. Leading Lawful Strikes
When all measures fail and disputes remain unresolved in court, the union has the legal authority to organize and lead a strike under the Labor Code 2019.
The union may only initiate a strike when more than 50% of the collective agrees through a voting process.
It may withdraw or terminate a strike if a settlement is reached or legal conditions require it.
Strikes must comply with proper procedures, content, notification, and reporting requirements to ensure legality.
3.3. Resolving Disputes on Trade Union Rights
A significant highlight of the Trade Union Law 2024 is its regulation on disputes over trade union rights. Under Article 35 of this law:
Disputes concerning trade union rights within labor relations are to be resolved under labor law.
A grassroots or higher-level union may petition competent state authorities if an employer refuses to fulfill obligations toward the union.
Violations of trade union organization or operations may lead to administrative penalties, disciplinary actions, or even criminal liability if serious damage occurs.
Thus, from 2025 onwards, trade unions in Vietnam will not only engage in traditional labor disputes but will also have the legal authority to defend their own organizational rights.
4. Practical Challenges and Directions to Strengthen the Role of Trade Unions
4.1. Existing Challenges
Limited Resources: Many grassroots unions, especially in small or remote enterprises, lack legal or financial capacity to support litigation or advanced negotiation.
Employer Pressure: In practice, some unions are influenced by company leadership, making it difficult to maintain independence during disputes.
Lack of Genuine Dialogue: In some workplaces, negotiation and mediation remain superficial or symbolic, without genuine commitment from employers.
Limited Legal Awareness: Many workers lack understanding of labor law and union functions, leading them to miss opportunities to seek union assistance or representation in disputes.
4.2. Strengthening Union Effectiveness
Investing in Internal Legal Capacity: Higher-level unions should help grassroots unions build legal advisory teams and collaborate with external lawyers in dispute cases.
Enhancing Negotiation and Mediation Skills: Many disputes can be settled early if union leaders are trained in effective negotiation and conflict-resolution techniques.
Establishing Clear Coordination Mechanisms: Strengthening communication and cooperation between unions, labor authorities, and mediators will shorten dispute resolution time.
Monitoring CLA and Workplace Democracy Implementation: Close supervision of workplace rules and collective agreements helps prevent violations that may lead to disputes.
Applying New Legal Tools under the Trade Union Law 2024: With the right to petition and defend union rights, unions can intervene earlier and more effectively in emerging disputes.
5. Conclusion
Trade unions in Vietnam act as “ambassadors of justice” between employees and employers in labor disputes. From prevention, negotiation, and mediation to litigation and lawful strikes, the union’s role remains central and continuous. With the new powers under the Trade Union Law 2024, unions are further empowered to protect not only workers’ rights but also their own institutional rights — ensuring a more balanced and sustainable industrial relations environment in Vietnam.
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