The prosecution must be informed that:
(i) conditions for prosecution
The plaintiff was a citizen, a legal person and other organizations having a direct interest in the case
Having a clear accused
(c) specific claims, facts and reasons
4. Subject to the jurisdiction of the court in civil cases。
(ii) modalities of prosecution
The indictment is in writing and orally, mainly in writing, i. E. The plaintiff shall submit the indictment to the court and a copy of the indictment according to the number of defendants. There are difficulties in writing the indictment, which can be filed orally, recorded by the court and communicated to the other party。
(iii) information required for prosecution
1. Prosecution
(1) basic information of the plaintiff and the defendant
(2) claims
(3) facts and reasons。
Basic circumstances of the parties
(1) if the person concerned is a natural person, he or she shall submit material containing basic information such as his or her name, sex, age, nationality, domicile, contact information, identity card number, identity card, household register, residence certificate, passport, hong kong/australian residence permit
(2) if the party is a legal person or another organization, it shall submit the licence, registration certificate or organizational code certificate of the legal person or other organization and the legal representative or principal official's identification certificate
(3) individual business owners with a symbol shall be parties to the proceedings by their registered owners, indicating the owner of a symbol, but in labour dispute cases they shall be parties to the symbol, identifying the owner
(4) in case of inconsistency between the owner and the actual operator, the owner and the actual operator are considered as co-contractors in civil proceedings, but in case of labour disputes the word and the actual operator are the joint parties。
3. The plaintiff shall submit a copy of the indictment according to the number of the other party
4. The plaintiff shall submit a brief together with evidence relevant to the case and a copy according to the number of the other party; 5. The procurador shall be entrusted with the proceedings together with the rogatory material。
(iv) delivery address
1. The plaintiff shall complete a confirmation of service address upon filing an action
2. Failure to receive the proceedings because of inaccurate delivery of the address submitted by the plaintiff, failure to inform the court in a timely manner of the change of service or refusal to submit the delivery of the address. The date of return indicated on the e-mail confirmation shall be deemed to be the date of service, and the date of delivery shall be deemed to be the date of service on the spot of delivery of the information specified on the return certificate
3. If the court is unable to notify the defendant of his or her appearance on the basis of the address or other means of communication submitted by the plaintiff, the notice is served on the defendant. Zenium
(v) information on labour dispute prosecutions
1. Labour disputes may not be brought directly before the courts, but shall first apply for arbitration before the labour dispute arbitration body at the place where the employer is located or where the labour contract is performed; the labour dispute arbitration body has failed to make a decision or arbitral award, and the court shall take action if the parties directly bring an action, except in cases where there are:
(1) transferred to jurisdiction
(2) is in the process of being served or has been delayed
(iii) waiting for the outcome of the other proceedings and the conclusion of the assessment of disability
(4) waiting for the session of the arbitration committee for labour personnel disputes
(5) the initiation of an identification procedure or the commissioning of an investigation to obtain evidence
(6) other just cause。
If the parties bring an action on the grounds that the arbitration body for labour disputes has not issued an arbitral award, they shall submit a notice of acceptance issued by the arbitration body for labour disputes or any other certificate or certificate of acceptance of the application for arbitration。
2. An arbitral award in a labour dispute may be appealed to the lower court of the employer's place of employment or of the place where the labour contract is performed, which shall be subject to the lower court of the employer's place of employment if the performance of the contract is not clear。
3. When a labour dispute is brought, a certificate of service must be submitted to the labour dispute arbitration body。
