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Where a collective dispute cannot be resolved it may lead to a strike action.
This chapter is the longest under the heading of "collective disputes".
Collective disputes about matters not covered by such agreements are therefore lawful.
Sweeney is anticipating a 10pc increase in collective disputes during recession but the numbers mean little.
The rules governing the conciliation procedure for collective disputes are described in the report.
A substitute for strikes was binding arbitration to resolve collective disputes.
Article 359 authorises the parties to seek conciliation to settle collective disputes.
Specific procedures for the "settlement of collective disputes" relate only to the claims (see below) and give rise to the following distinction.
Thirdly the procedure would only involve collective disputes.
Hearing by the Conciliation Commission is a mandatory stage in settlement of collective disputes.
Types The labour code sets out four procedures for settling collective disputes which can be described as "extra-judicial".
Democracy is a splendid thing, goes the argument; what could be more admirable than settling our collective disputes by reasoned public debate?
The same arrangements for mediation and arbitration in collective disputes as in the private sector are applicable to these public employees.
The report states that legislation was enacted on 30 June 2004 on labour relations, the settlement of collective disputes and the national conciliation office.
A more in-depth analysis leads to the conclusion that the concept of collective dispute must be regarded in the broadest sense of the term.
Individual disputes are generally seen in a different light from collective disputes, for which conciliation panels are clearly competent.
The report explains that in the course of the conciliation procedure the conciliator makes proposals for resolution of the collective dispute.
The Committee wants the next report in particular to specify whether the parties to a collective dispute are free to abstain from having recourse to conciliation.
According to the report, the new law does not contain significant changes as regards the competencies of the labour courts concerning the settlement of collective disputes.
Section 218 of the Labour Code stipulates that parties to a collective dispute may agree to bring the dispute before an arbitration body.
"In addition to their ‘legislation-linked’ activity, joint commissions play a major role in the event of collective disputes either in an undertaking or at sectoral level.
Collective disputes and matters relating thereto, such as endeavours to modify collective agreements, custom and practice, work rules etc.
According to these texts, "collective disputes between workers and employers" may be submitted to "negotiations", a "conciliation" or "mediation" procedure, or lead to "arbitration".
This means that the Belgian legislator has given priority to voluntary conciliation in the event of collective disputes, rather than arbitration or compulsory conciliation.
The Committee finds that Romanian law authorises just one party to a collective dispute, the employer, to submit that dispute to arbitration.