the Ministry of labour and Social Affairs of the Czech Republic
of 3 July 2003. January 1991
providers, and have been saving collective agreements of a higher
the degree of
The Ministry of labour and Social Affairs of the Czech Republic under § 15 para. 1
Act No. 2/1991 Coll., on collective bargaining, provides:
PART THE FIRST
The selection of mediators and arbitrators
(1) the selection of natural and legal persons to the intermediary activities
performed by the Ministry of labour and Social Affairs of the Czech Republic (hereinafter referred to as
"the Ministry") at the request of Trade Union bodies and organisations, in particular
employers, or without design.
(2) is similarly applied in the selection of individuals for action
(3) the provisions of paragraph 1 shall also apply to the inclusion of foreign
natural and legal persons to the list of providers.
Lists of mediators and arbitrators
(1) To the list of providers can be registered natural person who
satisfies the conditions laid down in the law on collective bargaining ^ 1) and
and) is impeccable,
(b)) has a degree as a rule, lawyers or
the economic direction,
(c)) has personal characteristics that give the prerequisites for the proper and impartial
carry out the activity provider.
(2) the list of providers can be a registered legal person
selected pursuant to § 1, if the subject of its activity is the research,
consulting or organizátorská activity, especially in employment,
labour and social matters, and if the workers suitable for
activity of the intermediary, who fulfil the conditions referred to in paragraph 1
and with the performance of the activities of the provider agrees. ^ 2)
(3) entry in the list of providers is carried out for a period of three years.
(4) entry in the list of approved providers, Minister for labour and
Social Affairs of the Czech Republic (hereinafter referred to as "the Minister").
(1) to the list of arbitrators may be registered natural person selected pursuant to §
1, which satisfies the conditions laid down in the law on collective bargaining
^ 3) and the conditions set out in § 2 paragraph 1. 1.
(2) a natural person may be entered on the list of arbitrators only
If you successfully underwent a validation of their expertise, in particular
of labour, wages and Social Affairs.
(1) the expertise of individuals for the activity of the arbitrator validates
the Ministry; to this end, the Minister shall be set up as its advisory body
to the Commission.
(2) the Commission validates the expertise of individuals being considered for
the activity of the arbitrator usually personal interview.
(3) the President of the Commission and its members are appointed by, with their consent and dismissed by the
(4) on the outcome of the verification of the professional skills of individuals for action
arbitrator, the Commission shall draw up the record, stating that the individual is
eligible to exercise the activity of an arbitrator.
(5) the entry on the list of arbitrators on the basis of the Commission proposal
(6) the verification of the professional skills of individuals for the activity of the arbitrator
repeated after three years.
(1) the Ministry shall provider from the list if:
a) fulfils the conditions referred to in paragraph 2,
(b)), at its request,
c) a natural person dies or legal person ceases to exist,
(d)) in the long term and for no reason does not perform brokering activities.
(2) removed from the list, whether or not the provider that before the end of
the period laid down in paragraph 2 (2). 3 requested the resumption of the inclusion in the list
(3) the Ministry shall appoint the arbitrator from the list if:
a) fulfils the conditions referred to in paragraph 3,
(b)) has accomplished successfully validate expertise (§ 4 para. 6),
(c)) on request
(e)) in the long term and for no reason rozhodcovskou does not work.
The provider or an arbitrator, the Ministry shall notify the registration in the
the list of providers or arbitrators and removal from it, as well as
the results of verifying the expertise of the arbitrator.
Natural person included in the list of providers or to a list
the Arbitration Board may refuse to determine ministries to conduct business
provider or an arbitrator in a specific dispute only if the
argue for serious reasons within seven days, your bias. In such a
the case of the Ministry shall determine without undue delay, another
provider or an arbitrator.
Proceedings before the mediator and the proceedings before the arbitrator
(1) an application for resolution of a dispute by the provider or the arbitrator shall
be submitted in writing. The application must be exactly defining the subject of the dispute and
given previous to its solution, proven by documentary materials;
the application shall also be accompanied by a written opinion of the other Contracting
party. All written materials shall be sent to the provider or
the arbitrators in duplicate.
(2) the Contracting Parties ^ 4) are required to provide when the mediation
or dispute the necessary cooperation.
(1) familiarization with the subject of the dispute in accordance with the law on collective bargaining
^ 5) includes the receipt of written documents needed to resolve the dispute.
(2) familiarization with the subject of the dispute and the receipt of the decision in
the dispute shall be drawn up by the parties and the arbitrator or provider enrollment.
Its part of the agreement can be the reward provider. ^ 6)
Proposal on dispute resolution provider ^ 7) and the decision of the arbitrator ^ 8)
and exact designation of the Contracting Parties),
(b)) the fact that the parties cannot agree,
c) opinion provider or arbitrator,
(d)) in the preamble,
(f) the name and signature).
Activity of the intermediary or the arbitrator is irreplaceable.
Saving a higher level collective agreements
(1) the Contracting Party on the side of the employer shall be bound to ^ 9) cast
collective agreement a greater degree its text delivery within 14 days of
its conclusion to the Ministry. Similarly, even when you change the
higher level collective agreements.
(2) in accordance with paragraph 1 shall be applied also with regard to the decision of the arbitrator
on a higher level collective agreements.
section 13 of the
The collective agreement a greater degree of stores, the Ministry according to the contractual
Parties, and the date of closure. The arbitrator's decision shall be annexed to
the higher level collective agreement.
This Decree shall enter into force on 1 January 2000. February 1991.
Ing. Diana CSc. v.r.
1) § 11 (1) 3 of Act No. 2/1991 Coll., on collective bargaining.
2) section 29 and § 36 odst. 1 of the labour code.
3) § 13 para. 3 of Act No. 2/1991 Coll.
4) § 3 of the law No 2/1991 Sb.
5) § 12 para. 1 of law No 2/1991 Sb.
6) § 12 para. 3 of Act No. 2/1991 Coll.
7) § 12 para. 1 of law No 2/1991 Sb.
8) § 13 para. 5 of law No 2/1991 Sb.
9) § 9 para. 1 of law No 2/1991 Sb.