Regulations on the Involved Party for Grassroots Trade Unions When Participating in Civil Litigation to Resolve Labor Dispute Cases
Regulations on Litigants for Grassroots Trade Union When Participating in Civil Litigation to Resolve Labor Dispute Cases?
According to section 1.1, subsection 1, Section 3 of Guideline 92/HD-TLD in 2023, the status of the Trade Union when participating in civil litigation to resolve labor disputes and labor issues at the Court is stipulated as follows:
STATUS OF THE TRADE UNION WHEN PARTICIPATING IN CIVIL LITIGATION TO RESOLVE LABOR DISPUTE CASES AT THE COURT
1. Litigants
The Trade Union may participate in civil litigation to resolve labor disputes and labor issues at the Court as a litigant in labor dispute cases (plaintiff, defendant, person with related rights and obligations) and as a litigant in labor issues (person requesting resolution of the labor issue and the person with related rights and obligations). When participating as a litigant in labor dispute cases and labor issues, the Trade Union has rights and obligations as stipulated in Articles 70, 71, 72, 73 of the Civil Procedure Code.
1.1. Litigants in Labor Dispute Cases
- Plaintiff: The Trade Union participates in civil litigation to resolve labor disputes at the Court as a plaintiff in labor dispute cases where the Trade Union has the right to sue as prescribed by law.
- Defendant: The Trade Union participates in civil litigation to resolve labor disputes at the Court as a defendant in cases where the employer sues the Trade Union (e.g., the employer sues the grassroots Trade Union organizing and leading an illegal strike for compensation).
- Person with related rights and obligations: The Trade Union participates in civil litigation to resolve labor disputes at the Court as a person with related rights and obligations when the Trade Union is neither suing nor being sued, but the resolution of the labor dispute affects the rights and obligations of the Trade Union. The Trade Union itself or other litigants may suggest, and the Court accepts, the Trade Union's participation as a person with related rights and obligations.
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The grassroots Trade Union participates in civil litigation to resolve labor dispute cases with three statuses as litigants, including:
- Plaintiff: The Trade Union participates in civil litigation to resolve labor disputes at the Court as a plaintiff in labor dispute cases where the Trade Union has the right to sue.
- Defendant: The Trade Union participates in civil litigation to resolve labor disputes at the Court as a defendant in cases where the employer sues the Trade Union.
- Person with related rights and obligations: When the Trade Union is neither suing nor being sued, but the resolution of the labor dispute affects the rights and obligations of the Trade Union, it can propose itself or other litigants may propose, and the Court accepts, the Trade Union’s participation as a person with related rights and obligations.
Regulations on Litigants for Grassroots Trade Union When Participating in Civil Litigation to Resolve Labor Dispute Cases? (Images from the internet)
In which forms does the grassroots Trade Union represent litigants when participating in civil litigation to resolve labor dispute cases?
Subsection 2, Section 3 of Guideline 92/HD-TLD in 2023 regulates that the grassroots Trade Union, when participating in civil litigation to resolve labor dispute cases, represents the litigant in the following forms:
- Legal Representative: The grassroots Trade Union is the legal representative for the collective labor, filing lawsuits and participating in civil litigation to resolve labor disputes and issues at the Court.
- Authorized Representative:
+ The Trade Union representative participates in civil litigation to resolve labor disputes and issues at the Court as an authorized representative of the litigant when authorized by workers, and subordinate Trade Unions are litigants in labor dispute cases.
+ When participating as the authorized representative of a litigant, depending on the status of the workers, Trade Union in labor dispute cases, and labor issues, the Trade Union officials have corresponding rights and obligations of the litigant.
- Court-Appointed Representative:
- The Trade Union participates in civil litigation to resolve labor disputes and issues at the Court in cases where workers are minors, persons who have lost their civil act capacity, persons with restricted civil act capacity, persons with difficulties in cognition and behavior control, and there is no representative. If the Court cannot appoint a representative, the Court appoints the Trade Union as the organization representing the worker.
What are the procedures for authorization for the Trade Union representative to represent litigants in civil litigation to resolve labor dispute cases through authorization?
According to section 2.2, subsection 2, Section 3 of Guideline 92/HD-TLD in 2023, the authorization procedures are as follows:
- For workers: Workers make a letter of authorization for the Trade Union to file labor dispute cases (directly signing the lawsuit petition) according to Clause 2, Article 187 of the Civil Procedure Code 2015 and/or participate in civil litigation to resolve individual labor disputes at the Courts at all levels (refer to Form No. 01 in the Annex attached to this Guideline); the Trade Union authorized will appoint officials to carry out the authorized content.
- In cases where multiple workers have the same request to the employer in the same enterprise, unit, they can authorize a representative of the Trade Union to file labor dispute cases and participate in judicial proceedings at the Court according to Clause 3, Article 85 of the Civil Procedure Code 2015.
- The authorization by workers to the Trade Union should be done at a notary public practice organization (notary office and notary public office). The letter of authorization must specify the content of the authorization, including signing the lawsuit petition, supplementary complaint, authorizing to participate in the process of resolving labor disputes, labor issues at all levels of the Court, including appeals against first-instance judgments and decisions.
In cases where workers issue a letter of authorization to the grassroots Trade Union and the grassroots Trade Union wishes to re-authorize the upper-level Trade Union to participate in litigation (if the grassroots Trade Union cannot participate), the content of the letter of authorization needs to clearly state that the authorized person is allowed to re-authorize a third party to carry out activities representing the workers in litigation.
For Trade Union organizations: The grassroots Trade Union issues a letter of authorization for the upper-level Trade Union to file lawsuits and/or participate in civil litigation to resolve collective labor rights disputes, participating in civil litigation to resolve labor issues at the Court at all levels. The authorized upper-level Trade Union may appoint officials to carry out the authorized content.
The Trade Union has the right to file a lawsuit over disputes regarding Trade Union funding: after filing the lawsuit, the subordinate Trade Union has the right to authorize the upper-level Trade Union to participate in civil litigation to resolve the dispute at all levels of the Court.
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