On August 23, the Confederation of Labor (Confederation) of Khanh Hoa province organized a training class on "Trade unions filing lawsuits and participating in civil proceedings, resolving labor cases and labor matters in court".
This is the training content for 90 officials of the direct upper level trade union at the grassroots level and the grassroots trade union (CSTC) with a large number of employees, in order to build a team of officials knowledgeable about labor law to protect the rights of workers. and the legitimate interests of employees when participating in labor cases.
Here, students shared about the labor dispute resolution mechanism in Vietnam, the system of labor dispute resolution agencies; process of initiating lawsuits and participating in civil proceedings, resolving labor cases and labor matters in court; skills to participate in litigation in labor cases; Collect documents and develop a lawsuit plan.
Mr. Vu Ngoc Ha - Director of Dong Nai Legal Consulting Center - shared that individual and collective labor cases have tended to increase recently. For individual labor dispute cases, there are three main disputes: unilateral termination of employment, dismissal of employees and Social insurance debt of employees. Collective labor cases are heavily related to issues of social insurance, trade union funds and labor safety and hygiene...
One of the functions of the Trade Union as stipulated in the law is the right to initiate lawsuits and participate in labor proceedings. Article 10 of the 2012 Trade Union Law stipulates: Trade unions represent the collective of workers to sue in court when the legal and legitimate rights and interests of the collective of workers are violated.
The role of Trade Unions when initiating lawsuits and participating in civil proceedings to resolve labor cases and labor matters in court is also clearly stipulated in the Civil Procedure Code. Instruction No. 92/HD-TLD dated August 31, 2023, instructs Trade Unions to sue and participate in civil proceedings to resolve labor disputes and labor-related disputes, labor requirements...
According to Ms. Tran Thi Huong - Vice President of the Confederation of Labor of Khanh Hoa province, in recent times, the work of participating in authorized representation to protect workers of Khanh Hoa province's Trade Unions at all levels has achieved some very positive results.
However, the Trade Union cannot represent a collective lawsuit but must instruct employees to authorize individual lawsuits. Individual authorization is quite complicated, because hundreds of employees owe social insurance, it is very difficult to gather them all to write authorization letters for the Union.
The court also does not accept collective lawsuit petitions, but requires each individual employee to file a petition and a letter of authorization for the Trade Union organization to receive authorization to initiate a lawsuit, leading to cumbersome administrative procedures and trial times. lengthen...
