Procedure for Authorization of Trade Union Representative Representing the Litigant in Civil Proceedings to Resolve Labor Dispute Cases through Authorization: How?
In what forms does the grassroots trade union represent the involved party when participating in civil litigation to resolve labor disputes?
Section 2, Clause 3 of Guidance 92/HD-TLD in 2023 stipulates that when a grassroots trade union participates in civil litigation to resolve labor dispute cases, it can represent the involved party through the following forms:
- Legal representative: The grassroots trade union is the legal representative for the collective labor to initiate and participate in civil litigation to resolve labor cases at the Court.
- Authorized representative:
+ The Trade Union representative participates in civil litigation to resolve labor cases at the Court as the authorized representative of the involved party when authorized by the employee or the subordinate trade union involved in the labor case.
+ When participating in litigation as the authorized representative of the involved party, depending on the status of the employee or Trade Union in the labor cases, the Trade Union official will have corresponding rights and obligations of the involved party.
- Court-appointed representative:
- The Trade Union participates in civil litigation to resolve labor cases at the Court in cases where the employee is a minor, lacks behavioral capacity, is restricted in behavioral capacity, has difficulties in perception and behavior management, but does not have a representative and the Court cannot appoint one, then the Court appoints the Trade Union to represent the employee.
What are the procedures for authorization for Trade Union representatives representing the involved party when participating in civil litigation to resolve labor dispute cases through the authorization form?
What are the procedures for authorization for Trade Union representatives representing the involved party when participating in civil litigation to resolve labor dispute cases through the authorization form?
Section 2.2, Clause 2, Section 3 of Guidance 92/HD-TLD in 2023 provides the following procedures for authorization:
- For employees: Employees make a power of attorney for the Trade Union to initiate the labor lawsuit (directly sign the lawsuit petition) as prescribed in Clause 2, Article 187 of the Civil Procedure Code 2015 and/or participate in the settlement of individual labor disputes at Court levels (refer to Form No. 01 Appendix attached to this Guidance); the authorized Trade Union appoints officials to implement the authorized content.
- In cases where multiple employees have the same request to the employer, within the same enterprise or unit, they can authorize a Trade Union representative to initiate the labor lawsuit and participate in the litigation at the Court as prescribed in Clause 3, Article 85 of the Civil Procedure Code 2015.
- The authorization of employees to the Trade Union needs to be performed at a notarized organization (notary offices and notarized law offices). The power of attorney must clearly specify the authorized contents, including the authorization for signing the lawsuit petition, the supplementary petition, the authorization to participate in the process of resolving labor lawsuits at all court levels, including appealing judgments and first-instance decisions.
In cases where an employee makes a power of attorney for the grassroots trade union, and the grassroots trade union wishes to authorize the higher-level trade union to participate in litigation (if the grassroots trade union cannot participate), the content of the power of attorney needs to clearly state that the authorized party is allowed to authorize a third party to perform the representative activities for the employees in litigation.
For the Trade Union organization: The grassroots trade union makes a power of attorney for the higher-level trade union to initiate and/or participate in civil litigation to resolve collective labor disputes on rights and participate in civil litigation to resolve labor matters at all court levels. The authorized higher-level trade union appoints officials to implement the authorized content.
The Trade Union has the right to initiate a dispute over Trade Union funding: after initiating the lawsuit, the lower-level trade union has the right to authorize the higher-level trade union to participate in civil litigation to resolve the dispute at all Court levels.
What are the rights of grassroots trade union members?
According to Article 18 of the Law on Trade Unions 2012, grassroots trade union members have the following rights:
- To request the Trade Union to represent and protect their legal and legitimate rights and interests when infringed upon.
- To receive information, discuss, propose, and vote on Trade Union activities.
- To receive information on the guidelines, policies, and laws of the Communist Party and the State related to Trade Unions and employees; regulations of the Trade Union.
- To apply, nominate, and vote for Trade Union leadership positions according to the Vietnam Trade Union Charter.
- To question Trade Union leaders and propose disciplinary measures against violating Trade Union officials.
- To receive free legal advice and legal assistance from the Trade Union in matters of labor and Trade Union law.
- To receive guidance and assistance from the Trade Union in finding jobs, vocational training; and support during sickness or difficult circumstances.
- To participate in cultural, sports, and tourism activities organized by the Trade Union.
- To propose to the Trade Union to make recommendations to agencies, organizations, or enterprises on the implementation of policies and laws for employees.
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