Which Court to Sue for Unlawful Dismissal by a Company?
Based on: Civil Procedure Code 2015 and Labor Code 2019.
Point a Clause 1 Article 32 of the Civil Procedure Code and Point a Clause 2 Article 219 of the Labor Code stipulate: Labor disputes and disputes related to labor fall under the jurisdiction of the Court.
- Individual labor disputes between employees and employers must go through the mediation procedure of labor mediators, whether reconciled but not executed or improperly executed, mediation fails or the mediation period expires according to the labor law, and the labor mediator does not proceed with mediation, except for the following labor disputes that are not mandatory to go through the mediation procedure:
a) Regarding labor disciplinary action in the form of dismissal or cases of unilateral termination of the labor contract;
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Point c Clause 1 Article 35 of the Civil Procedure Code:
- The People's Court of the district level has jurisdiction to handle the following disputes under first-instance procedures:
c) Labor disputes specified in Article 32 of this Code.
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Point a Clause 1 Article 39 of the Civil Procedure Code:
- The territorial jurisdiction to resolve civil cases by the Court is determined as follows:
a) The court where the defendant resides, works, if the defendant is an individual, or where the defendant is headquartered, if the defendant is an agency or organization, has jurisdiction to handle first-instance civil, marriage and family, business, commercial, and labor disputes as specified in Articles 26, 28, 30, and 32 of this Code;
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Thus, from the above regulations, if an employee is subjected to illegal labor disciplinary action in the form of dismissal by the company, the employee can file a lawsuit at the People's Court of the district level where the company is headquartered.
Respectfully!
