What is the Role of the Immediate Superior Trade Union in Initiating Lawsuits and Participating in Civil Litigation to Resolve Labor Dispute Cases at the Court?
Responsibility for Filing Lawsuits and Participating in Civil Proceedings to Resolve Labor Cases of the Immediate Superior Trade Union at the Grassroot Level
According to Section 3, Part 4 of Guide 92/HD-TLD of 2023, the responsibilities for filing lawsuits and participating in civil proceedings to resolve labor cases by the immediate superior trade union at the grassroots level are specified as follows:
- Initiating lawsuits, requesting the resolution of labor cases, and labor-related matters at the court as assigned by the Provincial Labor Federation, City Labor Federation, Central Sector Trade Union, General Corporation Trade Union under the Vietnam General Confederation of Labor, and in accordance with this Guide.
- Organizing training for grassroot trade union officers on filing lawsuits and participating in civil proceedings to resolve labor cases and labor-related matters at the court.
- Guiding, supporting, or representing grassroot trade unions in filing lawsuits and participating in civil proceedings to resolve labor cases and labor-related matters at the court as regulated.
- Proactively proposing and signing cooperation programs with the People’s Court, Bar Association, and Law Federation at the same level to enhance the quality and effectiveness of filing lawsuits and participating in civil proceedings to resolve labor cases and labor-related matters at the court.
- Periodically evaluating and reporting to the superior trade union the results of filing lawsuits and participating in civil proceedings to resolve labor cases and labor-related matters at the court.
What role does the immediate superior trade union play in filing lawsuits and participating in civil proceedings to resolve labor disputes at the court?
Can the Immediate Superior Trade Union Represent Workers?
According to Article 18 of the Vietnam Trade Union Charter, promulgated according to Decision 174/QD-TLD of 2020, the duties and powers of the immediate superior trade union at the grassroots level are specified as follows:
Duties and Powers of the Immediate Superior Trade Union at the Grassroots Level
1. The immediate superior trade union at the grassroots level has the following primary duties and powers:
a. Representing, caring for, and protecting the legitimate rights and interests of its members and workers according to the law.
b. Guiding, supporting the executive committee of the grassroot trade union, the executive committee of the grassroot trades union in professional matters, skills, methods, and content of task implementation, the guidelines, and resolutions of the trade union; propagating and mobilizing members and workers to follow the guidelines and policies of the Communist Party, the laws and policies of the State, and the obligations of citizens and workers.
c. Guiding, supporting the grassroot trade union or representing the members and workers in organizing dialogues, collective bargaining as prescribed by law.
d. Directing the development and management of members, establishing grassroot trade unions or grassroot trades unions; mobilizing, supporting the establishment of grassroot trade unions or grassroot trades unions; training skills and professional practices for officers of grassroot trade unions or grassroot trades unions; evaluating and classifying the trade union organization annually.
e. Organizing patriotic emulation movements among members and workers; participating with authorities, counterparts in solutions to socio-economic development in localities, units, enterprises; contributing to building a clean, strong Communist Party and People's authority.
f. Proactively or cooperating with state management agencies in inspecting, supervising the implementation of worker policies; participating in resolving complaints, denunciations, labor disputes.
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Thus, according to the above regulations, representing workers is one of the duties and powers of the immediate superior trade union at the grassroots level.
What Role Does the Immediate Superior Trade Union Play in Filing Lawsuits and Participating in Civil Proceedings to Resolve Labor Disputes at the Court?
Based on Subsection 2, Section 2, Part 1 of Guide 92/HD-TLD of 2023, the role of the immediate superior trade union in filing lawsuits and participating in civil proceedings to resolve labor disputes at the court is specified as follows:
- Filing lawsuits and participating in resolving disputes over trade union funding at the court.
- Filing lawsuits and participating in resolving individual labor disputes at the court if authorized by the worker.
- Filing lawsuits and participating in resolving collective labor disputes over rights if authorized by the grassroot trade union.
- Requesting the court to declare labor contracts invalid, collective labor agreements invalid; requesting the court to consider the legality of strikes.
- Appointing representatives to participate in the process of resolving labor cases, labor-related matters as legal representatives and protectors of the legitimate rights and interests of workers or grassroot trade unions if requested by the worker or grassroot trade union.
- Appointing representatives to participate in the process of resolving labor cases, labor-related matters as assigned by the court.
- Appointing representatives to participate in meetings to check submissions, access, disclose evidence, and mediate as requested by the worker. If unable to participate, a written opinion must be provided.
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