Labour lawsuits

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As from 1 January 2018, labour lawsuits may include labour claims arising from employment (established in accordance with Act I of 2012 on the labour code (Labour Code), orfrom  public servants’ service status, or from public service status with the exceptions laid down in law, or from public works relations, or from employment relations established under the Sports Act, or from study contracts entered into in vocational training, or from study  contracts entered into under the National Higher Education Act, or from work contracts made with a member of a social cooperative and employment cooperative.

These lawsuits may include those related to wages or other benefits related to work, or to termination of employment (lawsuits for sanctions due to unlawful termination of employment, etc.), lawsuits for damages against employers or employees, or lawsuits related to collective bargaining or factory agreements.

Labour lawsuits are initiated by filing of a petition. In labour disputes – when the plaintiff proceeds without the involvement of a legal representative – the petition may be filed by completing a relevant form, leaving no room for individual drafting or editing of the petition. In labour disputes, the litigants are not under any obligation to resort to legal representatives. Where assistance is sought for the completion of the form, individuals may also present their petition verbally in the office hours specified for this purpose as defined by the Chairperson of the court in accordance with the provisions of laws, at the public administration and labour court with jurisdiction over the area where the residence or registered seat of the claimant is located or over the type of the particular lawsuit, which is recorded by the court in a form in place for this purpose.

The claim will be adjudged by the public administation and labour court with jurisdiction over the particular case.

Besides the general rules, labour lawsuits may be instituted by the employee before the public administation and labour court whose jurisdiction covers the claimant’s domestic residence, or lacking the same, his/her domestic place of abode or whose jurisdiction covers the area where the claimant performs or has performed work for a lengthy period of time.