What conditions must the grassroots trade union meet to appeal an individual labor dispute at the appellate court level?
Can the grassroots trade union mobilize workers to follow the policies of the Communist Party?
According to Article 15 of the Charter of the Vietnam Trade Union, 12th Congress, issued with Decision 174/QD-TLD in 2020, the duties and powers of the grassroots trade union are stipulated as follows:
Duties and Powers of the Grassroots Trade Union
1. Propagate and mobilize members and workers to implement the guidelines and policies of the Communist Party; the policies and laws of the State, and the obligations of citizens; the guidelines and resolutions of the Trade Union.
2. Represent, care for, and protect the legitimate rights and interests of members and workers in accordance with the laws of the State.
3. Monitor or participate in monitoring the implementation of policies, laws, rules, regulations, collective labor agreements, and issues related to the legitimate rights and interests of members and workers as stipulated by law.
4. Coordinate with the labor-using unit to build and implement grassroots democratic regulations; care for the material and spiritual life, improve professional skills, improve working conditions and health care for workers; organize emulation movements and cultural-social activities.
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Thus, mobilizing workers to follow the policies of the Communist Party is one of the duties and powers that the grassroots trade union is permitted to carry out.
What are the conditions for a grassroots trade union to appeal an individual labor dispute at the Court of Appeal?
Based on sub-item 1.1, Item 1, Section 2, Part 2, Guidance 92/HD-TLD in 2023, which stipulates the conditions for a grassroots trade union to appeal an individual labor dispute at the Court of Appeal:
Similar to determining the conditions for initiating a lawsuit, the Civil Procedure Code 2015 does not have a direct provision on the conditions for the court to accept a case for appellate trial.
Therefore, trade union officials must rely on the provisions of Clause 4, Article 274 of the Civil Procedure Code 2015 and other related provisions to guide workers and the trade union.
- Appellant: The court will only accept the case for appellate trial if the appellant has the right to appeal.
The determination of the person entitled to appeal is conducted following the provisions of Article 271 of the Civil Procedure Code 2015.
Trade union officials need to accurately determine the person entitled to appeal in each dispute case, specifically:
+ For appeals against first-instance judgments, decisions to temporarily suspend or terminate the resolution of a case arising from individual labor disputes: the worker or the trade union authorized by the worker to initiate and participate in civil proceedings to resolve the labor case has the right to appeal.
+ For appeals against first-instance judgments, decisions to temporarily suspend or terminate the resolution of a case arising from collective labor rights disputes: trade union officials or the superior trade union authorized by the trade union to initiate and participate in the resolution of the case has the right to appeal.
+ For appeals against first-instance judgments, decisions to temporarily suspend or terminate the resolution of a case arising from trade union funding disputes: the trade union has the right to initiate a lawsuit to resolve the dispute over trade union funding or is authorized to participate in resolving the case has the right to appeal.
- Appeal period: The appeal period is prescribed in Article 273 of the Civil Procedure Code 2015, specifically:
+ The appeal period for first-instance judgments is 15 days from the date of judgment. If the worker or trade union is not present at the trial or when the judgment is pronounced for a valid reason, the 15-day period is counted from the date the worker or trade union receives the judgment or the judgment is posted.
+ The appeal period for decisions to temporarily suspend or terminate the resolution of the case by the first-instance court is 7 days from the date the worker or trade union receives the decision or from the date the decision is posted according to the provisions of the Civil Procedure Code 2015.
- Appeal petition: The appeal petition must be made in conformity with Clauses 1, 2, 3, 4, 5, and 6 of Article 272 of the Civil Procedure Code 2015.
Conditions for a grassroots trade union to appeal an individual labor dispute at the Court of Appeal?
When changing the workplace, must union members notify their grassroots trade union?
According to Clause 3, Article 3 of the Charter of the Vietnam Trade Union, 12th Congress, issued with Decision 174/QD-TLD in 2020, which stipulates the procedures for joining the Vietnam Trade Union, union cards, and transfer of union activities as follows:
Procedures for joining the Vietnam Trade Union, union cards, and transfer of union activities
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3. Transfer of union activities
When changing the workplace, members must notify the grassroots trade union where they are active or the grassroots trade union where they are currently active about the transfer of union activities; present the union card and express their desire for union activities to the executive committee of the grassroots trade union or grassroots labor union at the new place to continue their union activities.
The executive committee of the old place of union activity will cross out the member's name and decrease the number; the executive committee of the new place of union activity will add the name and increase the number.
Thus, according to the above regulations, when changing the workplace, union members must notify their grassroots trade union about the transfer of their union activities.
Additionally, they must present their union card and express their desire for union activities to the executive committee of the new grassroots trade union to continue their union activities.
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