Notice Of The Dispute-Resolving Board

Original Language Title: Bekendtgørelse for Tvistighedsnævnet

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Overview (table of contents)



Chapter 1



The dispute-resolving Board's tasks





Chapter 2



The dispute-resolving Board composition





Chapter 3



Lawsuits in the dispute-resolving Board





Chapter 4



The dispute-resolving Board's treatment of cases





Chapter 5



The dispute-resolving Board's decisions





Chapter 6



Referral of the dispute-resolving Board's decisions





Chapter 7



Expenditure in connection with the dispute-resolving Board's work





Chapter 8



Date of entry into force of



The full text of the notice of the dispute-resolving Board

Pursuant to section 64, paragraph 6, of the law on vocational education and training, see. lovbekendtgørelse nr. 171 of 2. March 2011, as amended by section 1 of Act No. 210 of 5. March 2012 shall be determined: Chapter 1 the dispute-resolving Board tasks § 1. The dispute-resolving Board handles disputes between students and companies, see. training section 65 (1) and (2), and rule on such cases.

Chapter 2 the dispute-resolving Board's composition section 2. The dispute-resolving Board consists of a Chairman and two members.

§ 3. The Tribunal will be accepted for each case of two members designated by the organizations eligible for negotiation within the educational area, so that one member appointed by the employers ' side and one of the employees, without prejudice. sections 17 and 23, paragraph 3.

§ 4. The Board's activities are governed by administrative law.

(2). Questions regarding Committee members ' possible disqualification should be decided as far as possible before the Board's treatment of the case begins.

(3). The Committee members are bound by professional secrecy in accordance with the criminal code rules on secrecy for the individuals who work in public service or duties.

§ 5. The Committee shall adopt its internal rules of procedure, which must be approved by the Ministry of children and education.

§ 6. The Ministry of children and education provides secretarial assistance available to the Committee.

Chapter 3 Lawsuits in the dispute-resolving Board Prior conciliation negotiations



§ 7. Disputes can not be brought before the dispute-resolving Board before conciliation has been attempted by the Technical Committee referred to in article 6. training section 63.

(2). By bringing the matter to the dispute-resolving Board tvistighedens should the complaint be accompanied by a declaration from the Technical Committee, stating that the mediation efforts in the dispute in question shall be considered exhausted, see. § 8, paragraph 4, nr. 2. The provisions of paragraph 3. It is clear from the case-file that the conciliation negotiations have been attempted by persons other than the Technical Committee, the Committee secretariat immediately sends the case back to the Technical Committee in order that this may make conciliation efforts after training § 63. If the Technical Committee, declares that mediation efforts in the dispute in question shall be considered exhausted, the case can be promoted for the Tribunal.

The complaint



§ 8. If you want a case handled by the dispute-resolving Board, shall submit a written complaint to the Tribunal.

(2). The complaint is sent electronically to the dispute-resolving Board's mailing address: DISPUTE @ UVM. DK, unless special circumstances prevent the complaint is sent electronically.

(3). The complaint must contain the following information: 1 name and address of the parties), including a postal address to which messages can be sent to the complainant concerning the matter, and where service on the respondent can happen.

2) indication of tvistighedens content.

3) the complainant's allegation indicating stop amount.

4) The arguments that support the complainant's perception.

5) Information on the possible representation for complaints, as well as his email address or mailing address, if special conditions are preventing the representative of complaints can receive electronic mail.

(4). The complaint must be accompanied by the following documentation: 1) copy of the training agreement.

2) copy of the minutes of the conciliation meeting of the Technical Committee referred to in article 6. section 7, paragraph 2.

3) copy of other documents which the complainant intends to rely.

(5). It shall also be stated in the complaint, whether at the hearing in the Committee desired delivered an explanation of the parties or other persons (witnesses). For other than the parties disclosed their name and mailing address. The complainant conducts itself call for any witnesses in the case.

(6). There is disagreement between the parties, on the conclusion of a training agreement after the vocational training Act, the Board's President, notwithstanding the provision in paragraph 4, no. 1, in exceptional circumstances, decide that the Tribunal will hear the case.

§ 9. The Board's secretariat ensures that the complaint meets the requirements of section 8, before the case scheduled for consideration in the Committee.

(2). The complaint does not meet the requirements of § 8, paragraph 3, nr. 1-5, and paragraph 4, nr. 1-2, granted the complainant a reasonable time to remedy the deficiencies.

Service and response



§ 10. The Board's secretariat lets complaint proclaim for the respondent on the basis of the information that the complaint contains. At the same time with Service handed out a guide to the respondent on what the respondent should take the safeguarding of its interests.

(2). Service of the complaint by registered mail service, see. the code of Civil Procedure Act rules for registered mail service.

§ 11. The Board's Secretariat instructs the respondent to submit a written reply within a prescribed time frame. The deadline shall not normally be shorter than four weeks.

(2). The defence is sent electronically to the dispute-resolving Board's mailing address: DISPUTE @ UVM. DK, unless special circumstances prevent the defence is sent electronically. At the same time as the acceptance to the Board the respondent send a copy of the defence and the documents to the complainant.

(3). Defendant's statement of defence shall contain the following information: 1) defendant's claim.

2) indication of any counterclaim.

3) The arguments that support the defendant's perception.

4) copy of the documents and other evidence on which the respondent intends to rely on.

5) defendant's position to the proceedings, including notification of whether the respondent will appear in the proceedings of the Committee referred to in article 6. § 12.

6) Information on the possible representation of the respondent and his/her email address or mailing address, if special conditions are preventing the representative of respondent can receive electronic mail.

(4). It shall also be stated in the defence, whether at the hearing in the Committee desired delivered an explanation of the parties or other persons (witnesses). For other than the parties disclosed their name and mailing address. The respondent conducts itself call for any witnesses in the case.

§ 12. The Board's secretariat shall request in connection with the issuance of the complaint the respondent in writing to inform the Secretariat of the Board, whether or not the respondent intends to appear in the case.

(2). Shall notify the respondent in writing that he or she does not want to appear in the case, the Committee secretariat shall send notice to the complaints with a request for the complainant's comments to a possibly written treatment of the case. Complaints shall be imposed in this regard a reply period of normally not less than two weeks.

(3). The Board's President can, in the light of the circumstances of the case and the complainant's comments, see. (2) decide that the case should be decided on in writing the basis according to the rules laid down in article 23.

(4). The Parties shall be communicated to the Chairman's decision on the merits of the decision in writing the basis, and the Parties shall be granted a period of usually not less than four weeks to file any final comments on the matter.

§ 13. The Committee's secretariat in connection with the issuance of the complaint to inform the respondent that proceedings – if the answer change not be made – will be decided on the basis of the complaint with the annex, supplemented by the additional information that the Committee deems necessary for the decision of the basic regulation. § 22.

Chapter 4 the dispute-resolving Board's treatment of cases § 14. Included parties to proceedings before the conciliation proceedings in the Committee, the Secretariat of the Board shall be informed immediately in writing.

§ 15. Complaints may at any time withdraw the case, unless the respondent has closed down an independent claim in the case. If complaints raises the matter, the Committee's secretariat and the other party shall be informed immediately in writing.

Hearing



§ 16. The parties are summoned to oral proceedings in the Committee. The transmission of the call to the respondent must happen with registered letter or in some other suitable way.

(2). The parties may, in connection with the call within a prescribed time frame, inform the Secretariat of the Board, that he or she would a omberammelse of the case. The deadline shall not normally be shorter than 3 weeks.

(3). Further omberammelser of the case, after the date of the meeting is established, can take place only if special conditions apply.

§ 17. The Board's secretariat within a fixed time limit on calls usually three weeks negotiating the legitimate organizations within the educational area to designate each one of its members, see. section 3, for the oral treatment of the case.

§ 18. Committee meetings will be held in Copenhagen, unless otherwise requested by the Board's President.

(2). Committee meetings are open to the public unless the Board in each case decide the opposite.

§ 19. With regard to the processing of the case in the Tribunal, the complainant and the respondent must attend in person to the Board unless they have legally prevented from attending.

(2). The President is head of the oral proceedings of the Tribunal and the hearing of parties and witnesses is done after the President's instructions.

§ 20. If complaints or respondent or one of the specially designated members of the Committee are legally prevented from attending, the President may suspend the sitting in the shortest time possible.


(2). The President can also suspend the sitting, when it is necessary for the decision.

§ 21. Meetings do not complain in connection with the proceedings of the Committee, the matter shall lapse, unless there is information to the effect that he or she is legally prevented from attending. Determining whether a case should be waived, shall be taken by the President.

§ 22. Has not delivered a statement of defence, the respondent determined the case on this basis, unless the Committee require additional information from the complainant.

(2). Is any new information, see. (1) critical to the outcome of the case, such information before the Committee takes a decision, submitted to the respondent.

(3). The respondent fails to appear, although legally heralded, from the oral treatment in the Committee after having delivered a statement of defence, promoted the matter on the basis of the available documents and explanations that must be given for the Committee.

Written treatment



§ 23. Has the respondent party to the proceedings before the Board's secretariat announced that he or she does not want to appear in the proceedings, the Chairman of the Committee may decide that the case should be decided by written treatment of the basic regulation. section 64 of the Act, vocational education and training (5).

(2). The Board's President can, however, reverse a decision taken pursuant to paragraph 1, if the basis of the circumstances of the case are most appropriate to the case transferred to the hearing in the Committee.

(3). The Board's secretariat within a fixed time limit on calls usually three weeks negotiating the legitimate organizations within the educational area to designate each one of its members, see. § 3, to the written treatment of the case.

(4). The Board's secretariat shall forward the case file to the Board's Chairman and the permanent members as well as to the two specially designated members, see. (3).

(5). The voterende members make their written censure in the case to the Board's President within a prescribed time frame. The deadline shall not normally be shorter than four weeks.

(6). Decision in cases taken following written treatment follows the rules laid down in article 24, paragraphs 2 to 5.

Chapter 5 the dispute-resolving Board decisions section 24. Can the matter not reconciled by the meeting of the Board, the Board shall take a decision in the proceedings by order.

(2). By order may be lifted like a training agreement that may be granted, the injury compensation and reimbursement, see. training section 65 (1).

(3). The decision shall be taken by majority vote. If that cannot be achieved majority for a decision, the Chairman's vote is important.

(4). The Board's orders must include a determination of how treatment costs in connection with the case.

(5). The Board's rulings and the settlement which is concluded for the Tribunal, may be enforced in accordance with the code of civil procedure rules on the enforcement of judgements and judicial settlement.

Chapter 6 the Court of the dispute-resolving Board decisions section 25. The Board's order may, within eight weeks after the Committee has taken a decision, by the parties to the proceedings brought before the courts, see. training section 65 (4).

Chapter 7 expenses in connection with the dispute-resolving Board Act § 26. Expenditure in respect of the Committee's activities relating to premises, Office teams, etc. and, where necessary, the travel costs for Committee members and Secretaries shall be borne by the Treasury.

§ 27. Travel expenses and daily allowances to students in connection with the meeting of the Committee on a matter may, in accordance with the President's determination shall be borne by the Treasury. The costs are covered after the cheapest rates in the rules laid down for State officials about the hours and daily allowances and travel allowances.

(2). Travel expenses and remuneration to the persons appointed by the parties, which should give an explanation for the Committee, may, in accordance with the President's determination to be covered by the Treasury after the same rates that apply regarding witnesses pursuant to civil procedure.

Chapter 8 entry into force of section 28. The notice shall enter into force on the 1. July 2012, and has impact on the cases brought to the attention of the Committee after this time.

(2). Executive Order No. 896 of 6. November 1992 on the dispute-resolving Board is repealed.

Quality and Regulatory Agency, the 29. June 2012 P.M.V. Per Director/Pernille Hansen Ulla Knudsen