These Rules regulate the legal aid in the area of labor disputes of SSNM members provided and covered by the Trade Union.
All members of SSNM whose rights have been violated during their membership (for a minimum of three months) in the Union and who have duly paid their membership fee are entitled to legal aid. The legal aid will be provided by an attorney engaged by the Trade Union.
The legal aid in labor disputes encompasses the following cases:
– unfounded and unlawful termination of the employment contract;
– unpaid salaries and contributions;
– unpaid fees to journalists engaged under fixed-term contracts;
– other free-of-charge legal advice in relation to labor law.
The members of the Trade Union who need free legal aid on the grounds of these Rules shall sign an agreement with SSNM which would regulate the rights and obligations in the legal aid provision procedure in more detail. The agreement will serve as a proof that the costs for the specific dispute will be covered by SSNM.
This agreement shall be signed by the member, who has requested free legal aid from the Trade Union and the President of the Executive Board. The Agreement will be verified with a stamp. Unless properly signed and stamped, the Trade Union shall not accept to bear the costs for the provision of free legal aid. One copy of the Agreement shall be reserved for the attorney.
SSNM provides free legal aid by engaging an attorney who offers free-of-charge legal advice, drafting of documents and representation of SSNM members before courts or administrative bodies. The costs shall be covered by SSNM, with members having the obligation to pay the court fees for law suits or court decisions, including the fees for regular and additional legal remedies and presentation of evidence (expertise, investigation, etc.).
The SSNM member shall notify the Executive Board of the Trade Union of any possible dispute and shall provide all necessary documents to the attorney engaged by SSNM without delay. In case the member fails to provide the necessary documents on time and misses the legally prescribed deadline for starting the procedure, or files the documents 24 hours before the expiration of that deadline, the Executive Board of SSNM will reject his/her request for free legal aid.
The member shall present the complete documentation at his/her disposal and shall undertake to provide any additional documents required by the attorney within the specified deadline. The member shall be considered responsible for any negative consequence which might arise from the failure to provide the required evidence on time. The member shall act upon the advice and instructions given by the attorney and is entitled to free consultations regarding the dispute whenever he/she might deem necessary.
The attorney shall determine the grounds for starting a procedure for each particular request and objectively assess the possibilities for a positive outcome. The attorney shall notify the Executive Board thereof through the President of SSNM.
SSNM shall not cover the costs for legally unfounded disputes or disputes not arising from the labor law.
Following the resolution or settlement of the dispute, when the outcome of the procedure is in the member`s interest, he/she shall pay to the Trade Union all ordered court costs (except the court fees) in accordance with the agreement for legal aid.
The parties shall primarily resort to amicable resolution of any disputes (by talking o the employer, letters, etc.), except when the nature of the dispute is such that requires urgent court protection.
These Rules were adopted with the majority vote of the members of the Executive Board at the session held on 24.12.2011 and its provisions enter into force immediately.