Recently, members of the public enquired whether the Public Prosecutions Office (MP) may assist them in work-accident or occupational-disease related litigations.

Pursuant to the Labour Procedural Code, litigation procedures for materializing rights derived from work accidents or occupational diseases consist of conciliation and contentious phase (if applicable). Litigation procedures start with conciliation, which is presided over by the MP.

If all the parties involved reach an agreement through conciliation, a statement shall be prepared and instantly submitted to the Judge for approval.

However, where no agreement is reached or the Judge disapproves of the agreement, and the case fits none of the circumstances prescribed by paragraph 4 of article 56 of the Labour Procedural Code^[1], the case enters into the contentious phase. The MP shall fulfil its statutory duty and immediately become the representative of the employee suffering from work accident or occupational disease or the legal beneficiary thereof.

Nevertheless, the MP shall decline to represent a party if the claim is objectively unfounded. If the party has commissioned a legal representative or has been appointed a lawyer by the Court as per his/her request, the MP shall not be obligated to represent such party anymore. If the MP is currently representing the party, such representation shall be ceased, without prejudice to MP's ancillary intervention in the litigation.

Therefore, once the party has commissioned a legal representative or has been appointed a lawyer by the Court, he/she shall inform the MP without any delay and provide the MP with relevant information. Such actions will help to define the scope and nature of representation, ensuring the claims will proceed in a legally stipulated fashion and hence defend the party's rights.

In addition, the party shall be cooperative during the litigation and provide all information available to support his/her claims, in particular, medical bills, further treatment plans and estimation on ensuing medical costs, etc. for deciding compensations in accordance with law.

As a judiciary organ, the Public Prosecutions Office strives to handle all labour proceedings in a fair, impartial and lawful manner. MP seeks to resolve all disputes at the earliest possible stage through conciliation.