What conditions must a grassroots Trade Union meet when filing an individual labor dispute lawsuit at the court of first instance?
How is a grassroots trade union organized?
Based on Article 13 of the Charter of the Vietnam General Confederation of Labour (12th Term) issued together with Decision 174/QD-TLD in 2020, the conditions and forms of organization for grassroots trade unions, as well as grassroots associations, are stipulated as follows:
Conditions for establishment and forms of organization of grassroots trade unions, grassroots associations
1. A grassroots trade union is a fundamental organization of the Vietnam General Confederation of Labour, established at one or multiple legally operating labor units, when there are 05 or more members or workers who voluntarily apply to join the Vietnam General Confederation of Labour.
2. A grassroots association gathers legal freelance workers of the same trade, vocation, or by region or labor unit, established when there are 05 or more trade union members or workers who voluntarily apply to join the Vietnam General Confederation of Labour.
3. Forms of organization of grassroots trade unions, grassroots associations
a. Grassroots trade unions, grassroots associations without trade union teams, association teams, sub-unions, association branches, or grassroots trade union members.
b. Grassroots trade unions, grassroots associations with trade union teams and association teams.
c. Grassroots trade unions, grassroots associations with sub-unions and association branches.
d. Grassroots trade unions with grassroots trade union members.
4. The Presidium of the General Confederation provides detailed guidance on this Article.
A grassroots trade union is a fundamental organization of the Vietnam General Confederation of Labour, established in one or multiple legally operating labor units, with 05 or more members or workers, and organized in the following forms:
- Grassroots trade unions without trade union teams, sub-unions, association branches, or grassroots trade union members.- Grassroots trade unions with trade union teams.- Grassroots trade unions with sub-unions.- Grassroots trade unions with grassroots trade union members.
What are the conditions for a grassroots trade union to file an individual labor dispute lawsuit at the trial court?
Based on sub-detail 1.1.1, item 1.1, sub-category 1, Category 1, Part 2 of Guidance 92/HD-TLD in 2023, the conditions for a grassroots trade union to file an individual labor dispute lawsuit at the trial court are as follows:
- Conditions regarding the subject filing the lawsuit: Implement according to the provisions of Clause 5, Clause 6, Article 69 of the Civil Procedure Code 2015, Article 187 of the Civil Procedure Code 2015; Article 2 of Resolution 04/2017/NQ-HDTP.
The worker (aged 15 and above) whose legitimate rights and interests are violated can file a lawsuit on their own or authorize the trade union to file the labor dispute lawsuit with the court.
- The individual labor dispute eligible for filing must fall into one of the following cases:
+ Individual labor disputes between workers and employers must undergo a mediation procedure by the labor conciliator. The dispute can be filed if conciliation is successful but the parties do not implement or implement incorrectly, conciliation fails, or conciliation is not conducted within the stipulated time (except for some disputes not required to undergo conciliation procedures according to Clause 1, Article 188 of the Labor Code 2019).
+ Individual labor disputes where both parties agree to choose the labor arbitration council for resolution but the labor arbitration council is not established within 07 working days.
+ Within 30 days from the establishment date, the labor arbitration council has not issued a resolution decision, or one of the parties does not implement the labor arbitration council's decision.
- Individual labor disputes that have not been resolved by a legally effective judgment or decision of the court, or a decision of a competent state authority, or have been resolved by a legally effective court judgment, but the claimant has the right to refile.
- The individual labor dispute must fall under the court's jurisdiction. The court will return the lawsuit petition if the individual labor dispute is being resolved by another competent authority or organization.
- The lawsuit petition must comply with Clauses 1, 2, and 3 of Article 189 of the Civil Procedure Code 2015.
The lawsuit petition must be accompanied by documents and evidence proving the violation of the legitimate rights and interests of the claimant.
Which authority manages the finances of the grassroots trade union organization?
According to Clause 4, Article 9 of the Regulation on revenue, expenditure, and financial, asset management at grassroots trade unions issued with Decision 4290/QD-TLD in 2022, the management, inspection, and supervision of grassroots trade union finances and assets are as follows:
Management, inspection, and supervision of grassroots trade union finances and assets
1. The management of finances and assets of grassroots trade unions is implemented according to current legal regulations and decisions of the Vietnam General Confederation of Labour.
2. Budget estimates, settlement of revenue and expenditure, and financial management of grassroots trade unions must be publicly disclosed according to the regulations of the General Confederation.
3. Revenue, expenditure, financial, and asset management at grassroots trade unions must be fully reflected in accounting books and subject to the supervision of trade union members and workers at the unit.
4. The grassroots trade union's Inspection Committee is responsible for examining the building, implementation of budget estimates, settlement of revenue and expenditure, and annual financial, asset management of the grassroots trade union.
Thus, according to the above regulation, the finances of the grassroots trade union organization will be managed by the grassroots trade union's Inspection Committee, which is responsible for examining the building, implementation of budget estimates, settlement of revenue and expenditure, and annual financial, asset management of the grassroots trade union.
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