In case of change of the proceeding officer for resolving labor disputes

19:42, 11/07/2024

During the process of resolving labor disputes, the following legal proceedings participants must recuse themselves or be replaced when they have connections to the parties involved and there are grounds to determine that they will not be impartial in the proceedings.

1. Judges and Jurors must refuse to proceed with the proceedings or be replaced if:

- They are simultaneously a litigant, a representative, or a defender of a litigant's rights, a relative of a litigant, or a witness in the case;- They have participated in the trial of the same case as Judges or Jurors, except in cases where they are members of the Judicial Committee, Council of Judges of the Supreme People's Court, or the Provincial Court's Judicial Committee, they may still participate in multiple trials of the same case following the cassation or retrial procedures;- They have participated in the proceedings of the same case as a Procurator, Court Clerk, Examiner, or Interpreter;- They are relatives of each other within a trial panel;- There is a basis to believe that the Judge or Juror is not impartial during the trial.

2. Procurators and Court Clerks must refuse to participate in the proceedings or be replaced if:

- They have participated in the proceedings of the same case at a different level of adjudication;- They are simultaneously a litigant, a representative, or a defender of a litigant's rights, a relative of a litigant, or a witness in the case;- There is a basis to believe that the Judge or Juror is not impartial during the trial.

3. Examiners and Interpreters must refuse to participate in the proceedings or be replaced if:

- They are simultaneously a litigant, a representative, or a defender of a litigant's rights, a relative of a litigant, or a witness in the case;- There is a basis to believe that the Judge or Juror is not impartial during the trial.

More details can be found in Ordinance on Procedures for Settlement of Labor Disputes in Courts 1996, effective from April 11, 1996.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

0 lượt xem

- This translation is generated by OpenAI's GPT-4o model;
- The legal regulations in this article are according to Vietnamese Law;
- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
- Articles may be compiled from a variety of sources;
- Applicable Terms may have expired at the time you are reading;
- If you have any questions about the copyright of the article, please contact us via email banquyen@lawnet.vn