Headlines 11/10/2023 14:24 CH

Roles of trade unions in filing lawsuits and participating in civil procedures for settling labor cases in Vietnam

Minh Hân

This is one of contents in Guidance No. 92/HD-TLD dated August 31, 2023 on trade unions to file lawsuits and participate in civil procedures for settling labor cases in courts.

Roles of trade unions in filing lawsuits and participating in civil procedures for settling labor cases

For grassroots trade unions

- File lawsuits and participate in settling disputes over trade union fees in courts.

- File lawsuits and participate in settling individual labor disputes in courts if they are authorized.

- File lawsuits and participate in settling collective labor disputes over rights in courts.

- Petition the Courts to declare labor contracts and collective bargaining agreement invalid; petition the Courts to consider legitimacy of strikes.

- Appoint representatives to participate in settling labor cases as defenders of legal rights and interests of workers.

- Appoint representatives to participate in the process of settling labor cases under the direction of the Courts.

- Appoint representatives to participate in meetings on inspection of transfer, access and disclosure of evidences and mediation according to petitions of workers.

For trade unions immediately superior to grassroots trade unions

- File lawsuits and participate in settling disputes over trade union fees in courts.

- File lawsuits and participate in settling individual labor disputes in courts if they are authorized.

- File lawsuits and participate in settling collective labor disputes over rights if they are authorized by grassroots trade unions.

- Petition the Courts to declare labor contracts and collective bargaining agreement invalid; petition the Courts to consider legitimacy of strikes.

- Appoint representatives to participate in settling labor cases as defenders of legal rights and interests of workers and grassroots trade unions if they are petitioned by the workers and grassroots trade unions.

- Appoint representatives to participate in the process of settling labor cases under the direction of the Courts.

- Appoint representatives to participate in meetings on inspection of transfer, access and disclosure of evidences and mediation according to petitions of workers.  If they cannot participate in such meetings, written documents providing their opinions are required.

For Federations of labour of provinces and cities, central industry trade unions and equivalents, trade unions of general corporations affiliated to Vietnam General Confederation of Labour

- File lawsuits and participate in settling disputes over trade union fees in courts.

- File lawsuits and participate in settling individual labor disputes in courts if they are authorized.

- File lawsuits and participate in settling collective labor disputes over rights in courts if they are authorized by grassroots trade unions.

- Petition the Courts to declare labor contracts and collective bargaining agreement invalid; petition the Courts to consider legitimacy of strikes.

- Appoint representatives to participate in settling labor cases as defenders of legal rights and interests of workers, grassroots trade unions and trade unions immediately superior to grassroots trade unions if they are petitioned by the workers, grassroots trade unions and trade unions immediately superior to grassroots trade unions.

- Appoint representatives to participate in the process of settling labor cases under the direction of the Courts.

- Appoint representatives to participate in meetings on inspection of transfer, access and disclosure of evidences and mediation according to petitions of workers.  If they cannot participate in such meetings, written documents providing their opinions are required.

For more details, see Guidance No. 92/HD-TLD dated August 31, 2023.

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