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The Law On Labor Disputes Mediation

Original Language Title: Laki työriitojen sovittelusta

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Law on conflict of labour disputes

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In accordance with the decision of the Parliament:

CHAPTER 1

Reb, mediator and Reconciliation Commission (29.5.2010)

ARTICLE 1 (29.5.2010)

In order to promote the functioning of the labour market and the reconciliation of labour disputes, it is the position of the national administrator. In addition, a necessary number of secondary mediators may be prescribed. The appointment of the national administrator and the imposition of his surrogates, the qualification requirements of the power broker and the appointment of mediators, the conditions for the appointment of a mediator and the term of office of the mediators shall be laid down: By a decree of the Government.

A conciliation panel may be set up for the purpose of the conciliation procedure. The establishment of the Conciliation Committee and its assistance shall be governed by the Regulation of the Government.

ARTICLE 2 (23.1987/1198)

§ 2 has been repealed by L 23.12.1987. .

ARTICLE 3 (29.5.2010)

The administrator has an office in the Ministry of Employment and the Economy. The office manager is a national administrator. The appointment and appointment of the staff of the Office of the Reich shall be governed by a Council Regulation.

The Reich viewer shall:

(1) seek, in cooperation with the social partners, to promote relations between employers and employees and officials and their organisations;

(2) at the request of the Parties, shall be chaired by the Presidency in the negotiations on the establishment of contract and service agreements, or appoint a mediator to chair;

(3) ensure the settlement of labour disputes throughout the country and, where appropriate, provide for the mediator to perform a specific mediation role, either independently or as an assistant to the authority;

4) carry out other tasks assigned by the Council of State.

§ 4 (29.5.2010)

Paragraph 4 has been repealed by L 29.5.2009 .

§ 5 (29.5.2010)

The mediator shall perform the tasks assigned to him by the authority in accordance with Article 3.

ARTICLE 6

The arbitrability of the arbitrator shall be valid, as provided for by the aesthetic of the Judge.

CHAPTER 2

On the implementation of job-standing

§ 7 (29.5.2010)

In the event of a working dispute, or in the event of a working dispute, no work shall be carried out in the event of a working dispute, unless at the latest two weeks before it has been submitted to the Office of the Reich and to the opposite party in writing, in which I shall: The reasons for, the starting time and extent of the job standing or extension have been mentioned. The notifier may, with the agreement of the opposing party, postpone or limit the commencement or extension of the intended work to a more limited period than indicated in the notification.

§ 8

If, in the event of a working dispute, the intended standing or extension is considered to be of vital importance to the extent of the labour market or of the quality of the work in question, the Ministry of Employment and the Economy may: On a proposal from the mediator or the Conciliation Committee for an adequate period of time for mediation, a prohibition on the intended standing or extension of the intended job or its implementation for a maximum period of 14 days shall be prohibited; From the beginning. In the case of a dispute concerning the conditions of employment of officials, the Ministry may, on a proposal from the mediator or the Conciliation Committee for special reasons, prohibit, in addition to a working battle, a maximum of 7 days. The prohibition shall be communicated to the affected parties no later than three days before the start of the intended working period or, in the latter case, before the end of the prohibition period. (29.5.2010)

The obligor's consent shall not be subject to the consent of the opposing party to the time-frame, its extension or the execution of it later than three days after the end of the prohibition period. The starting point for the fight shall always be communicated to the mediator and to the counterparty no later than three days before the end of the prohibition period.

CHAPTER 3

Conciliation procedure

§ 9 (29.5.2010)

Upon receipt of the notification provided for in Article 7, the administrator or the mediator appointed by that order shall immediately take the measures it considers appropriate in order to settle the dispute. In other cases, when a power-maker has become aware of a work dispute that endangers the peace of the workplace, the national administrator may take the necessary steps.

ARTICLE 10

The mediator shall, when he considers it appropriate, or when the dispute asks, invite the parties to the negotiations. In the negotiations, the mediator shall chair and determine how and in what order the disputes shall be dealt with.

The Party shall appear before the mediator to order or send his representative to the conference and shall provide the mediator with the information deemed necessary. The quarrel may be subject to the condition that the information provided is not disclosed without his consent.

Before the commencement of negotiations or the duration of the negotiations, the mediator may submit to the parties to consider whether the start of the intended work should be postponed until the outcome of the conciliation has been ascertained.

ARTICLE 11

In the course of the conciliation procedure, the mediator shall, after a thorough account of the facts of the dispute and the requirements of the dispute and the requirements of the parties, try to obtain a precise definition of the disputes and to limit the As far as possible and shall endeavour to lead the settlement of disputes, mainly on the basis of their own proposals and calls for proposals to be proposed by the mediator with regard to concessions and levels of expediency and moderation; They seem to be demanding.

ARTICLE 12

In the event of mediation, the mediator may, on his own initiative, consult experts or other persons necessary for the purpose of obtaining information; and, if so requested by the mediator, shall pay compensation to them for reasonable consideration by the mediator.

The costs of mediation are to be borne by them themselves.

ARTICLE 13

If the mediator does not have a working conflict with the negotiations or otherwise agreed, he may submit a written agreement to the dispute and submit it in a short period of time to approve it. The settlement proposal shall not precede the termination or suspension of mediation without the consent of the mediator.

If the dispute does not accept the draft agreement, the mediator shall consider whether or not the conciliation should be continued or suspended.

If the mediator considers that there are no conditions for the submission of a settlement proposal referred to in paragraph 1, he may suspend the mediation.

ARTICLE 14

If reconciliation is achieved, its terms and conditions shall be recorded in the mediator's minutes.

§ 15 (29.5.2010)

In the event of a working dispute settlement or a specific institution, the parties shall inform the Office of the Reich's Office. Such a dispute must not be settled if the institution has failed to deal with it or it cannot be concluded that it is not going to do it or succeed in it.

CHAPTER 4

Miscellareous provisions

ARTICLE 16 (17.12.1993/1179)

This law shall not apply to a dispute relating to a contract of employment or contract of employment which falls within the jurisdiction of the Court of Labour or which, according to the contract, must be settled by arbitrators. The arbitrator shall, upon receipt of a report, inform the dispute about the nature of the dispute.

§ 17 (29.5.2010)

Any breach of the prohibition laid down in Article 7 or Article 8 (2) or in accordance with Article 8 (1) must be condemned: Infringement of the law on mediation of labour disputes Fine.

The prosecutor may not press charges for breach of the prohibition laid down in Article 7 unless the plaintiff declares the offence to be charged. (13.5.2011/477)

ARTICLE 18 (8.9.1989/799)

The mediator shall not receive an unauthorized free trade or trade secret which he or she has been informed of in the Agency or in his or her duties and shall not be notified to him under the condition set out in Article 10 (2).

The penalty for breach of the obligation of professional secrecy for the official and the employee of the public Article 5 of Chapter 40 of the Penal Code -In.

§ 19

The authorities shall be required, where necessary, to provide the mediator with the assistance he has requested to carry out the duties provided for in this Act.

§ 20 (29.5.2010)

The remuneration of the arbitrator and the chairman and members of the Conciliation Committee, as well as other costs resulting from mediation, shall be made from State resources in accordance with the remuneration criteria laid down by the Ministry of Employment and the Economy.

No fees shall be charged for the issue and supply books of mediators.

ARTICLE 21 (29.5.2010)

Article 21 has been repealed by L 29.5.2009 .

§ 22

This Act shall enter into force on 1 October 1962 and repeal the Act of 12 July 1946 on the settlement of labour disputes (570/46) .

Entry into force and application of amending acts:

6.11.1970/668:

This Act shall enter into force on 1 December 1970.

Before the law enters into force, measures can be taken to establish and implement posts and posts.

23.2.1979/245:

This Act shall enter into force on 1 January 1980.

30.5.1980/405:
6.6.1986/425:

This Act shall enter into force on 1 July 1986.

HE 248/85, sosvk.miet 6/86, svk.Met 43/86

23.12.1987/1198:

This Act shall enter into force on 1 January 1988.

HE 178/87, sosvk.miet 26/87, svk.miet 147/87

13.1.1989/32:

This Act shall enter into force on 1 June 1989.

HE 100/88, plvkms. 6/88, svk.M. 159/88

8.9.1989/799:

This Act shall enter into force on 1 January 1990.

HE 58/88, Ivhms. 7/89, svk.M. 84/89

17.12.1993/1179:

This Act shall enter into force on 1 January 1994.

THEY 255/93 , HaVM 21/93

29 MAY 2009/35:

This Act shall enter into force on 15 June 2009.

Prior to the entry into force of this Act, the artists appointed for the purpose of this Act shall continue as mediators for the remainder of their term of office.

THEY 19/2009 , TyVM 2/2009, EV 29/2009

13.5.2011/47:

This Act shall enter into force on 17 May 2011.

THEY 286/2010 , LaVM 34/2010, EV 311/2010