The labor authority requests employers subject to first-time labor complaints to meet face-to-face with complaining employees in order to peacefully settle labor disputes or prevent them from becoming worse. Complaints of labor collectives must be lodged in the presence of representatives of grassroots trade unions.
According to Ministry of Labor, Invalids and Social Affairs Circular No. 06/2008/TT-BLDTBXH of May 7, guiding a number of articles of Decree No. 04/2005/ND-CP, detailing and guiding the implementation of a number of articles of the Labor Code on labor complaints and denunciations, laborers can personally exercise their right to complain or, for minors, make complaints through their parents or lawful guardians. Employees with limited civil act capacity can make complaints through attorneys appointed by the court for them.
Complainants should make written petitions, clearly stating date of complaint, their full names and addresses; specific complaints and reasons; names and addresses of employing organizations or individuals complained of; and their claims. These petitions must be signed or fingerprinted by complainants and filed with competent agencies, organizations or individuals as defined in the circular.
For petitions containing both complaints and denunciations against acts of employers, competent agencies must settle complaints and concurrently transfer denunciations to agencies with denunciation-settling competence.
Anonymous denunciations, petitions with unclear addresses of denouncers or without denouncers’ signatures or with copied signatures, and denunciations which have already been settled by competent authorities and are further lodged but produce no new evidence will not be accepted for settlement.-