After the receipt of an application for the initiation of a legal proceeding, a judge must carry out the following tasks:
- Check the right to initiate a legal action
- Define the limitation period for initiating a legal action
- Define jurisdiction
- Check whether the court should not accept the application.
- Calculate Court fees
Checking Right to initiate a legal action
Main tasks and practical skills:
The Plaintiff must to be employee who are fifteen (15) or more years of age, has ability of working and contracted Labour Agreement with employer (does not lack the capacity for civil acts), otherwise must to has representative or guardian.
Defining Limitation peroid for initiating of a legal action
Main tasks and practical skills:
- Noting the defining moment the dispute arose (from the date on which the disputing parties believe that their interests and rights have been violated)
- The limitation period for initiating a legal action to petition the Court shall be one year to settle a labour dispute relating to disciplinary actions in the form of dismissal or disputes which arise from the unilateral termination of a labour contract; disputes relating to payment of compensation for loss between an employee and employer; disputes relating to payment allowances upon termination of a labour contract; disputes between a domestic servant and employer; disputes relating to social insurance stipulated by the laws on labour regulated by Point b Item 2 Article 151 Labour Code;
- The limitation period for initiating a legal action to petition the Court shall be three years to settle disputes relating to payment of compensation for loss between an employee and a labour export enterprise.
- Note: the above disputes do not have to go through conciliation process at local level. The time limit for the remaining disputes shall be six months and these disputes must go through the process of conciliation at local level. The same time limit also applies to disputes which have not successfully been conciliated by the conciliator or have not been dealt with by the conciliator or the local conciliation council within the regulated time under Article 164 and 165 of the Labour Code..
Defining Jurisdiction
Main tasks and practical skills
- Litigants had agreement of choosing Court written at Labour Contract (by writing, legally and implemented by parties)
- Referring to item 3, general section on skills of resolving civil disputes.
Defining dispute is resolved or application for initiation of a legal action is returned
Main tasks and practical skills
- The dispute must go through the process of conciliation and has not gone through this process (item (d): the dispute cannot be brought before the court). In this case, the judge must explain this provision to the litigants so that they follow the procedure regulated by item 1 Article 166 Labour Code.
- Returning an application for the initiation of legal action must by in writing and point out the reasons clearly.
Exmaining obligations of paiding Court fees deposit, paiding Court fees
Main tasks and practical skills
- According to Chapter IX, Section One of CPC.
- Court fees is exempted to paid respect with disputes relating to claim for salary, claim for servance allowance, social insurance, claim for compensation of labour accident, occupational disease, unlegal dismissal and unlegal termination of labour contract.
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