The law on labour disputes (labour dispute law) date LAW-2012-01-27-9 Ministry labour and Social Affairs Recently changed law-2015-06-19-65 from 01.10.2015 Published in 2012 booklet 3 entry into force 01.03.2012 Change LAW-1927-05-05-1 Announced at 27.01.2012. 15.40 short title the work dispute law-arbtvl.
Chapter overview: Chapter 1. Introductory provisions (§§ 1-2) Chapter 2. Collective bargaining agreements (sections 3-10) Chapter 3. Mediation (§ § 11-32) Chapter 4. The Labour Court (§ § 33-59) Chapter 5. Final provisions (§ § 60-63) Chapter 6. Ikraftsetting and changes in other laws (§ § 64-65) cf. previous laws 6 aug 1915 No. 2, 5 may 1927 No. 1. Chapter 1. Initial provisions § 1. Definitions in this law is meant by: a) worker: any that perform work in someone else's service and who do not go under the law on public service disputes.
b) employer: anyone who has hired the employee to perform the work in his service.
c) Union: any association of employees or of the associations that have to purpose to meet employees ' interests with their employers.
d) employers ' organization: any association of employers or unions-employers ' who have to purpose to meet employers ' interests with their workers.
e) collective agreement: an agreement between a Union and an employer or employers ' organization about the working and pay conditions or other working conditions.
f) strike: full or partial arbeidsstans that workers in the community or in understanding with each other will take to force a solution of a dispute between a Union and an employer or employers ' organization. As part of a strike is considered also when business Labor searched blocked.
g) whole or partial lockout: arbeidsstans as an employer will take to force a solution of a dispute between an employer or employers ' organization and a Trade Union, without regard to whether other workers be taken into instead of the locked-out. As part of a lockout is considered also when the locked-out workers to get searched in other hindered work.
h) the termination of the stoppage of work: deals with the purpose to take strike or lockout.
in) litigation: dispute between a Union and an employer or employers ' organization of a collective bargaining agreement validity, understanding or existence or on the requirements that are based on a collective agreement.
j) interest dispute: dispute between a Union and an employer or employers ' organization about the scheme of future working and wage conditions or other working conditions that are not covered by a collective agreement or as to relieve an earlier collective agreement.
§ 2. Disclosure the Union and the employer association or Association of such will be when the Ministry or the national mediator requires it, provide information about the Association's or negotiations, and organization, member relationship etc. An Association of associations have a duty to provide such information also about their subdivisions.
Chapter 2. Collective agreements section 3. Negotiations for the signing of the collective agreement, Union, employer, employers ' organization or Association of such can make claims about negotiations with the aim of entering into or revising a collective agreement. If the opposing party does not show to the negotiations or talks do not lead to the making of a new or revised collective agreement, strike or lockout is initiated when the conditions set out in sections 18 and 25 are met.
§ 4. Collective agreement form and content of a collective agreement to be created in writing and should include provisions on the effective date, duration and cancellation deadline.
§ 5. Collective bargaining agreement's duration and termination (1) unless otherwise provided, applies to the collective agreement in the three years from the day it was signed.
(2) the termination of the collective agreement shall be made in writing and at the latest three months before the contract expires, unless other notice deadline is determined.
(3) a collective agreement Is not terminated within the time limit, the extended by one year.
section 6. Collective agreement applicable unit provision in the agreement that is contrary to a collective agreement which both parties are bound by is invalid.
section 7. Effect of the self-exclusion of the Trade Union or employer association a member or an affiliate of a trade union or employer association will not be at the self-exclusion or exclusion free of its obligations according to the collective agreements that apply to the Association at uttredelsen.
section 8. Peacekeeping duty (1) litigation must not be sought resolved by strike, lockout or other industrial action.
(2) interest dispute must not be sought resolved by strike, lockout or other industrial action before the terms of sections 18 and 25 are met. Terms of interest dispute the revision of the collective agreement, must also, validity time for this has expired.
(3) unless otherwise agreed, to the collective bargaining agreement and the wage and working conditions that applied at the tvistens outbreak, apply as long as the strike, lockout or other industrial action does not need to be taken after the second paragraph.
§ 9. Liability for the violation of the collective agreement, etc.
(1) members of a trade union or employer association violated a collective bargaining agreement, the Association and the competent members liable. The Association's responsibility occurs only when it is to blame for the break-up or in the continuation of the tariffstridige relationship. An employer, employers ' organization, trade union or their members are also liable for the illegal strike, lockout or other industrial action, cf. § 8 the second paragraph. Other periods in the provision here applies accordingly.
(2) civil liability under subsection first and third period also applies to other workers who participate in the tariffstridige or illegal strike.
§ 10. The determination of compensation for breach of the collective agreement, etc. Compensation for breach of the collective agreement or unlawful strike or lockout should by default be determined taking into account the size, much depends, damage volderens guilt and economic carrying capacity, the claimant's conditions and circumstances by the way. By particularly extenuating circumstances the compensation can be fall away completely.
Chapter 3. Mediation section 11. Arbitrators (1) the King shall appoint for three years at a time a permanent mediator for the entire realm (the Mayor of the mediator) and one or more fixed for the individual arbitrators arbitration circuits (circuit mediators). The arbitration circuits are determined by the King.
(2) the King can after setting from the national mediator appoint special mediators for limited periods of time or for individual cases, as well as the fast alternate for the mediator.
(3) the moderators must meet the criteria in section 36 the first paragraph.
§ 12. The arbitration institution's tasks and Organization (1) the moderators to mediate in the interest disputes between a Union and an employer or employers ' organization in accordance with the provisions of this chapter. The moderators will try to achieve agreement between the parties about a reasonable settlement.
(2) the national mediator and arbitration is the leader institution the rest of the meklernes parent.
(3) the Mayor of the mediator can leave the arbitration in a case to a circuit mediator or a special mediator. The Mayor of the mediator can even take over the mediation in matters that belong under the circuit the moderators.
section 13. The mediator must do the lifting service that No mediator before they have taken the written assurance that they will conscientiously fulfill their duties. The insurance will be sent to the Ministry. The King determines how it should sound, cf. Court Act 60.
section 14. Conflict of interest (1) the rules on conflict of interest in court the Law § § 106 flg. applies to the moderators so far they fit.
(2) Consider the national mediator for incompetent in a dispute, be filed this as soon as possible to the Ministry. Is the Ministry agree that national mediator should not treat the dispute, left the treatment of the case to another appointed mediator.
(3) Consider another mediator for incompetent in a dispute, be filed this as soon as possible to the Mayor of the mediator. The Mayor of the mediator can either self take over the treatment of the dispute or hand it over to another appointed mediator.
section 15. Stoppage (1) Space as part of the termination interest dispute shall be given in writing. Cancellation deadline is 14 days unless otherwise stipulated by collective agreement or other written agreement.
(2) Space for the individual employee termination is provided by the employee himself or his Trade Union facing employer, or by the individual employer to the individual worker.
(3) where this follows from the collective bargaining agreement, each of the parties can provide space for its members the termination to the other party (collective stoppage).
section 16. Message to the Mayor of the mediator (1) when given space in the interest termination dispute, it shall at the same time be given written notice of this to the Mayor of the mediator.
(2) the message should include: a) copy of the space the resignation, b) account of what the dispute applies, c) information about the by which businesses stoppage is undertaken and how many workers at each company space the resignation includes, d) details about when space notice time out, e) information about whether the negotiations between the parties is opened and in case if they are still in progress or has been cancelled.
(3) is in progress when the negotiations notice of stoppage is sent, the message about the cancellation of the later negotiations in the same way is sent to the Mayor of the mediator.
(4) the message sent by the Trade Union, employer or employers ' organization which made the space the resignation. Is the current Trade Union, employer or employers ' Organization member in an organization with the settings right under section 39, the message is sent about the stoppage to the Mayor of the mediator through this organization.
(5) messages to the Mayor of the mediator under this section is submitted at the same time in the copy to the other side.
§ 17. Who is covered by the strike or lockout strike or lockout be implemented for all workers covered by space the resignation, unless the parties agree otherwise.
§ 18. Time for the commencement of the strike or lockout strike or lockout must not be implemented before it's given place dismissal and notice the deadline that follows from this is expired, and in no case until four business days have passed from the Mayor of the mediator has received the message that the negotiations are not initiated or is broken or that place the dismissal is extended, jf. sections 16 and 17.
§ 19. Temporary ban on arbeidsstans (1) when the national mediator has received notice or otherwise has been aware that negotiations are not initiated or is broken, cf. section 16, to the Mayor of the mediator the parties implement temporary ban to strike or lockout that could lead to the detriment of public interests, until mediation after this chapter has ended.
(2) is the denunciation, space expanded the national mediator on equivalent terms and conditions prohibit the strike or lockout as follows of the extension.
(3) the ban will be sent to the Association that has sent or should have sent the message about the space the resignation. Copy of the message to be sent to the ban against the party.
(4) in order to be binding must ban be sent from the national mediator by the end of two working days after the Mayor of the mediator received message that talks are not initiated or is broken or that place the resignation is expanded.
(5) If it is added the prohibition of strikes or lockouts in dispute where the municipality, County Council or Association of such a party, the Mayor of the mediator at the same time decide that the time limits provided by the service dispute the law section 14 and section 17, third paragraph, first and second paragraph shall apply to the arbitration.
(6) the Mayor of the mediator can hand over to another appointed mediator to ban the strike or lockout.
section 20. Notice of mediation (1) if it is closed down ban on strike or lockout under section 19, the Mayor of the mediator or mediator that the case is handed over to, immediately implement the mediation.
(2) if the prohibition of strike or lockout is not closed, the Mayor of the mediator or a circuit mediator on its own initiative or after the petition of a party still implement mediation in a dispute.
(3) If the national mediator or a circuit mediator thinks it is appropriate, it can be summoned to mediation by the rules in this chapter even if it is not given stoppage under section 15.
(4) the Mediator determines the time and place for the mediation. The arbitration meeting can also be held outside the arbitration circle. The Parties shall be convened on the way mediator considers appropriate.
§ 21. Parties and party representatives the parties can meet even and by proxy. Advisors can also meet. About the parties ' duty to meet for mediation shall apply the rules in § 51 accordingly so far they fit.
§ 22. The collection of information (1) the Mediator shall collect all information necessary to process the dispute.
(2) by the collection of information have authority as mentioned in the mediator section 48 as far as appropriate.
§ 23. Confidentiality (1) the arbitration meetings to be held behind closed doors.
(2) any participating in the arbitration, have a duty to preserve the silence about what is accumulated if the mediator does not permit the disclosure.
(3) confidentiality does not apply to the Labour Court by the explanations.
(4) the Mediator does not have the witness duty for the Labour Court on matters come to light during the arbitration.
section 24. Face book (1) in the face book is the time and place for the arbitration meeting and meklerens, the parties ' and the party the House name. Meet the book to enter the evidence is reviewed and meklingens time in brief.
(2) the result of the arbitration are summarized. Mediator has put forward a final proposal to the solution of the dispute, should the proposal be brought into the meeting book regardless of the outcome of the arbitration. Any time limit under section 26 subsection when a voting result should be released, should be rendered.
§ 25. Meklingens shutdown (1) each of the parties may require the arbitration ended when it has been ten days after the ban on strike or lockout was abolished by section 19 the first paragraph. This does not apply if the competent party by the absence or otherwise do not have contributed to the mediation.
(2) the arbitration shall be terminated no later than four days after the claim for termination set forth.
(3) Going to settlement in the collective agreement, in accordance with the this is created in cooperation with the mediator. The collective agreement signed by the parties or their representatives.
§ 26. Poll of the arbitration proposal (1) if it should be voted upon an arbitration proposal, the mediator in consultation with the parties set the deadline for when the voting result should be released.
(2) the vote shall apply only to the arbitration proposal that there is from the mediator. The vote should be secret and in writing with clean Yes or no votes.
§ 27. Message about the voting result (1) the Parties shall provide the national mediator written notice of whether or not the arbitration proposal is adopted or rejected.
(2) Rejected the proposal, should the message provide information about the number of votes for and against the proposal and on the number of voting. If the voting results are not available within the time limit, is considered the arbitration proposal as adopted.
(3) no part of the voting results to be made public before the national mediator has announced the main result.
section 28. The commencement of the strike or lockout when the arbitration proposal is rejected If the arbitration proposal is rejected and notice of stoppage after section 15 still applies, can place the resignation be implemented with four days notice between the parties. The parties may in the collective bargaining agreement deal shorter deadline.
section 29. Later adoption of an arbitration proposal, some of the parties adopt the meklerens suggestions for the solution of the dispute after the mediation has ended, this statement can be sent to the competent mediator. Mediator sends the copy of the Declaration to the opposing party. Endorse this proposal, also of the summons to a meeting mediator the parties for the establishment of the collective agreement.
section 30. The resumption of mediation (1) the parties may jointly request a completed mediation resumed.
(2) the national mediator and mediator who has treated the case may at any time to resume the mediation.
(3) it's been a month after mediation ended without that the dispute in the meantime is resolved, the mediator who has treated the case, resume contact with the parties with a view to get ended the conflict. Is an arbitration proposal for therapy in the parties, the mediator shall wait until the treatment is finished.
(4) If the parties ' duty to meet for mediation shall apply the rules in § 51 accordingly.
section 31. Appeal Decisions after this chapter struck by the Mayor of the mediator or other mediator appointed by law, cannot be appealed.
section 32. The parties ' costs the parties carries each their costs with the mediation, unless otherwise agreed.
Chapter 4. The Labour Court, § 33. The Court's seat and jurisdiction (1) the Labour Court have seat in Oslo.
(2) the Labour Court to handle litigation that is dealt with in section 1 letter in and disputes over there is violation of section 8 the first paragraph. The Court treats on disputes over there are violations of the provisions on interest disputes in section 8 the second paragraph and disputes dealt with in section 9 about liability for the violation of the collective agreement, etc.
(3) The Court shall not treat disputes that are dealt with in section 9 when the case is filed against the workers as mentioned in section 9 the second paragraph. Disputes relating to collective agreements about European Councils or similar cooperation arrangements, will be treated under the provisions given in or pursuant to the law on the general application of the provisions of the collective agreement about European Councils. The Labour Court shall not treat disputes that relate to collective agreements signed after the provisions given in or pursuant to the law, SEE section 3-about employees ' influence in a European company or SCE-law § 3 of the employees ' influence in a European cooperatives.
(4) the parties can adopt private arbitration about the dispute that is mentioned in the first paragraph of section 8 and section 9.
section 34. Requirements based on individual employment contracts (1) in a case of a collective agreement may be revoked also claims that * contractual * of a contract of employment, if the requirement for the employment contract will have his immediate decision by the judgment in the main proceedings.
(2) the Labour Court Have in their childhood inference determined a specific understanding of a collective agreement, the terms of this understanding also for any contract of employment based on the collective agreement.
section 35. Of a collective agreement (1) is a collective agreement between a Trade Union joined, its affiliates and members on the one hand and an employer or an employers ' organization, its subdivisions and members on the other hand, it is only the parent Trade Union or employer association or the individual employer who has ' right.
(2) the parent Trade Union or employer association may assign its right to a cause of action under the Department which has signed the collective agreement. It shall be given written notice of the transfer to the Labour Court and the tariff against the party. The transfer can be restricted to a single dispute or be given effect for the entire tariff period. In the latter case they can under the Department sued directly and solely by the other søksmålsberettigede party in the collective agreement.
(3) a member or who do not have subsidiary ' right after the first paragraph, can not act as party helps unless the cause of action right gives its consent.
(4) a party shut down Word against named members of a Union, these next to the Association sued. The same applies to down your word against other named persons, cf.. § 9 the second paragraph.
section 36. Requirements for The Court's judges (1) judges of the Labour Court must be Norwegian citizens which is vederheftige and that is not fradømt the right to vote in public affairs. They must not be a member of the Board of a trade union or employer association or be permanent employee in such a Union.
(2) subject to the Court's judges in addition meet the requirements that apply to Supreme Court justices.
(3) a trade labour court judge in need to seek Ministry approval for page to-do items in such cases, as stated by the Court the law § 121c. The Ministry leads the register of subjects the judges ' page to-do items in accordance with the Court the law section 121e. A trade judge to report page to do as soon as possible, and no later than within one month after the judge accepted the page do. Everyone has the right to familiarize themselves with the information in the registry. The Ministry determines how information is to be made available to the who request it.
section 37. The Court's organization. Appointment and assignment of judges, etc.
(1) the permanent judges of the Labour Court are three subjects, one of which judges Chairman and a Deputy Chairman, and four other judges.
(2) the three subjects judges are civil servants. The other four judges and at least two deputy judges for each of the Court's seven judges appointed by the King for three years. The four judges with deputy judges appointed after setting, jf. § 39.
(3) the Ministry may grant leaves of absence, exempt and appoint judges and deputy judges of the Labour Court in the oppnevnings period. Apply the leave or exemption a judge or a deputy judge who is appointed after setting, jf. section 39, the person concerned shall be granted access to the Organization to adjust again.
section 38. The Court's composition in the particular case (1) in the particular case be set the Labour Court of seven judges. As a general rule be summoned two fixed subjects judges and a deputy judge for the professional judges. Furthermore, be called upon four judges appointed after setting under section 39. Deputy judge who is appointed after setting from an association if the setting is followed by appointments shall of the permanent judges, shall, in matters concerning this association or its members nevertheless be called upon instead of the judge that he or she is deputy judges.
(2) If a judge during the negotiations that have to get maturity is believed to would last longer than a week, be appointed Deputy under section 41.
(3) The judges who have begun the main negotiation of a case, should lead the case to the end even if their service time runs out during the processing of the case.
§ 39. Adjusting the right (1) an employer association that includes at least 100 employers that together employs at least 10,000 workers, as well as trade union that has at least 10 000 workers as members, can separately make suggestions to the two judges with the deputy judges. They suggested, must have said themselves willing to receive the task.
(2) among those proposed, appointed two judges with the deputy judges from each side. It is filed competing proposals from the different trade unions or employer associations, to the permanent judges from each side be appointed from among those proposed by the Trade Union and the employers ' organization that has the most members within the site.
(3) is not setting come in to the Ministry within a prescribed time limit, going on appointments shall without setting.
section 40. Conflict of interest (1) the rules on conflict of interest in court the Law § § 106 and 107 applies to judges of the Labour Court. When other special circumstances, which is liable to impair the confidence of an umpire's impartiality, the judge shall give way seat. Questions about conflict of interest can be raised by the judges and the parties. Court Act § 113 applies as far as the fit.
(2) the Court determines by order if any should be excluded as incompetent. Travel questions to rule out a set ahead of the main judge negotiation where the case should be handled, hit the Court's decision by three judges ruling subjects.
(3) be raised questions about to rule out one of The Court's judges, the work shall subject the Court's leader call a deputy judge to participate in the decision of the question.
§ 41. The Deputy of a judge who is incompetent or have decay (1) if the Court's judges are all subjects inhabile or have decay, the Ministry shall appoint the Deputy of the Court's leader.
(2) if it can be expected set forth a inhabilitets objection against a judge who is appointed after setting, and the Court's leader or Rapporteur judge guess may be approved of the objection the Court Deputy judge shall be called upon.
(3) If a judge is disqualified or have decay, it shall be summoned a deputy judge in the order appointments shall show. For a judge who is appointed after setting, the Deputy judge from the same Association still be summoned before the other deputy judges.
§ 42. The Court's negotiating skill right is negotiating or quorum when all the judges or deputy judges who will process the matter is present. By the decision of the inhabilitets question applies to section 40.
section 43. Judge lifting no need to do service as a judge of the labour court before they have taken the written assurance that they will conscientiously fulfill their duties. The insurance will be sent to the Ministry. The King determines how it should sound, cf. Court Act 60.
§ 44. Party representatives and litigators (1) A party may meet even or by legal representative.
(2) a party may meet with up to three people in addition to the one or more litigators.
(3) a foreign lawyer may be legal representative when the Court found the nature and conditions otherwise find it ubetenkelig.
(4) a process authority must be unrestricted.
(5) For the provisions in dispute the law Chapter 2 about parties, process excellence and assigns and Chapter 3 about litigators and legal aides corresponding so far they fit.
§ 45. The preparation of the case (1) the case brought before the labour court upon written subpoena. The subpoena will be sent as a paper document, it should be sent so many copies that the judges in the case and the defendant can get their copy.
(2) the writ shall include: a) the name and address of parties and litigators, b) a representation of the case and the requirements that are applied, c) a claim that specifies the DOM's score from the plaintiff requires, d) the factual and legal grounds for the saksøkerens requirements, e) statement of the evidence that will be led, how they be provided, and what the plaintiff intends to prove by them , f) statement of the evidence that the plaintiff would like provided by the opposing party or by the Court's help, g) the basis for the Court may treat the matter if it can be no doubt about this, h) saksøkerens views on the further processing of the case.
(3) there are deficiencies in the writ, the plaintiff shall be made as soon as possible aware of them and explained how they should be addressed.
(4) the writ must be sent with the Protocol from the negotiations between the parties the dispute brought about, or evidence that the plaintiff has tried to conduct such negotiations. If this condition is not met, the plaintiff should be made aware that the Court cannot take the case under treatment.
(5) When the writ is in order, it is sent without delay to the defendant. The Court shall fix a time limit, which normally should be three weeks, to file a written response. In response to the defendant put forward their remarks to the writ, any objections to the Court treats the case, mention the requirements that the defendant will travel, provide evidence that the responding to those tasks is mentioned in the second paragraph letter e and f, as well as specify the view of the defendant on the further treatment of the case. The first paragraph applies accordingly.
(6) Preparatory judge determines the time and place of the main negotiation, to be held as soon as possible, but no earlier than 48 hours after the notice is confirmed received by the parties. The main negotiation shall commence no later than six months after the terms of the fifth paragraph first sentence are met, unless special reasons for the use of longer time for case preparation. The time limit begins to run when the writ is preached to the opposing party. The main negotiation can be held outside the Court's permanent seat.
(7) is made to ensure the detention a damages if the decision belongs the Labour Court, the case of the replacement requirement be raised within six days.
section 46. Party help (1)-party can be allowed to help) the real need justified in their own legal position for that one party wins, and b) employer and worker organizations that have such a need justified in its members ' legal position.
(2) the Party must be declared in the process help write no later than four weeks before the main negotiation. The Declaration should set it as is the Foundation of party's help, and be notified to the parties with a deadline to contest the party's help. Contested issue of the Court is determined to help the ruling party by. Until it is handed down the ruling denying party help, the who has declared the party help, exercise procedural rights after the third paragraph.
(3) the Party entering the Assistant the case as it stands. -Party Assistant can make process actions on behalf of the party. Process the actions must not run counter to the party's process actions.
§ 47. Association of issues in common usage Issues that raises similar questions, and to be treated with the same composition of the Court, can unite in common usage and in common decision.
section 48. The proceedings (1) the Court shall ensure that the case is fully lit.
(2) the Court shall at any stage of the case, consider the possibility to get the dispute resolved amicably by encouraging the parties to find an utenrettslig solution. The duty after the first period does not apply if the character or conditions by the way speaks against such a solution.
(3) the case preparation and the main negotiation is controlled by one of the Court's subject judges.
(4) the case is processed and the evidence in the way that the Court finds appropriate. The main negotiation is going to be oral, unless both parties agree in writing the treatment and the Court finds it ubetenkelig. Civil law section 9-13 about the governance of the main negotiation and section 9-14 the second paragraph about word of mouth the main negotiation also applies as far as they are appropriate.
(5) the Court may come up with explanations of the parties, experts and any other if explanation can be of significance for the case. Civil law § 22-9 about evidence exemption for stressful personal information applies as far as the fit. It could not be evidence with information from mediators about what has come to light during the arbitration.
(6) the Court may order any to disclose the documents, business books and other evidence that he or she has provided above. The Court may order a party or a witness to examine the registered accounting information, accounting material or other evidence, as well as to put forward a list of this.
(7) the Court may make inspection and proof examination either itself or by one or more of its members or by designated experts.
(8) The Court may require evidence recording by the District Court. Civil law section 21-11 about evidence recording, section 21-13 about the evidence guide in matters that are processed in writing and the provisions of Chapter 27 of the evidence recordings in the case also applies as far as they are appropriate.
(9) Civil Law section 16-4 about the postponement of the main negotiation also applies as far as the fit.
(10) a party that will have valid absence at a hearing, may require that the meeting be rescheduled. The same is true when a party's representative or legal representative will have valid leave and it will involve significant disadvantage that a different meetings instead. The Court's leader or Rapporteur judge may otherwise omberamme legal meetings when it is necessary to ensure proper care or if the weighty reasons otherwise speaks for it. decision should be added By the emphasis on the need for fast, safe and cost effective treatment. By omberammelse it shall as far as possible be determined new time for the hearing.
section 49. Punching of the case (1) Preparatory judge can stop a case on petition from a party if the outcome depends on the whole or part of a law that would be binding in another case settled. The case can also be stopped if weighty reasons otherwise speaks for that. The emphasis on the need for quick, safe and cost effective treatment.
(2) the decision shall be made by punching the ruling of judge rapporteur. The impact of stopping occurs when the ruling is handed down. The case is brought back up and running when the therapy can continue.
(3) the parties may agree a case in stopping at least three months. The agreement affect when the Court has received it. Preparatory judge brings the matter back up and running on the petition from a party. The same thing can be stopped by agreement between the parties several times. A case that is stopped by agreement between the parties, be raised when it has been stopped in a total of two years.
(4) Civil Law section 16-15 of the effect of stamping and section 16-15 of punching after the law applies as far as they are appropriate.
§ 50. The absence of parties, party representatives and litigators (1) If a party, agent or legal representative do not meet, and it is likely that the enlightened or he or she has valid absence, should the matter be postponed. Civil law section 13-4 about valid absence also applies as far as the fit.
(2) if the plaintiff does not show without it being enlightened or likely that he or she has valid absence, the case shall be dismissed.
(3) if the defendant does not show without it being enlightened or likely that he or she has valid absences, and the plaintiff meetings, this can require the case put forward. The case shall in this case as far as it is possible is treated as if the absent party had been present.
(4) If no party meetings, and it is not enlightened or likely that some of them have valid absence, the case shall be raised.
§ 51. Meet the duty of witnesses, parties and expert witnesses (1) any living or staying in Norway, duties, after notice from the Court to meet as a witness for the Labour Court. By the notice to it is determined whether the explanation is to be given directly to the labour court or by Remote interrogation. Civil law section 21-10 in the remote interrogation also applies as far as the fit.
(2) If the parties ' duty to meet in person for an order subject to the same particular rules as for witnesses after the first paragraph.
(3) anyone who is obliged to testify in the case, after the appointment of the Court required to do service as an expert.
§ 52. The notice of witnesses, parties and expert witnesses (1) witnesses, expert witnesses and others to be summoned, if possible, with one week's notice. The deadline can be curtailed to one day if the consideration of fast processing of the case makes it required or it is added that the witness may be interrogated without neglecting the important action items. Witnesses and experts who are located in the vicinity of the law the place or a place where clear interrogation can be undertaken, is obliged to meet as soon as this may happen without significant inconvenience.
(2) the Parties shall be summoned with at least 48 hours notice.
section 53. Remuneration for witnesses and expert witnesses (1) Witnesses as the Court has summoned and appointed expert witnesses are entitled to remuneration under the rules of law 21. July 1916 No. 2 about vidners and sakkyndiges allowance, etc.
(2) the Court may decide that also witnesses who are represented by the parties and expert witnesses who are not appointed, shall have such remuneration.
§ 54. Public access and viewing the right (1) Court meetings are public unless the Court decides otherwise. The doors should be closed when the negotiations include business or association that is not secret or other unauthorized persons should get knowledge of.
(2) any who have been present during the negotiations behind closed doors, have a duty to preserve the silence about it that is accumulated during the negotiations, if not the Court permit the disclosure.
(3) the provisions of the law on civil chapter 14 public access and viewing the right also applies as far as they are appropriate.
section 55. Law book (1) in the Court the book enters the time and place for the hearing, the names of the judges, protocol driver, parties, party representatives, litigators, witnesses and expert witnesses.
(2) the Court shall specify the book evidence is reviewed and forhandlingenes time should be rendered in brief. Claims and disputes shall be brought into complete or be attached. In the same way to all the Court's decisions and settlement that be inferred between the parties, be entered in.
section 56. The Court's decisions (1) the Court's decisions meet with vote majority.
(2) the Judgment shall as soon as possible avsies after the proceedings are completed, and no later than four weeks after the conclusion of the main negotiation. When the case is so laborious that it is not possible to comply with the time limit, the verdict can happen later. If the time limit is exceeded, the reason given in the judgment.
(3) the dispute Act 19-4 first to the third paragraph about the avsigelse and § 19-5 in the notification of the decision applies as far as they are appropriate.
(4) the Court may decide to correct a decision that due to the writing or math errors, misconceptions, oversights or similar clear error has been given a design that did not vote with the Court's opinion. How to fix the Court may make on its own initiative or on the petition of a party. The judge who led the negotiations, can make the corrections if there is doubt about how they should be performed. Decision on the correction to be added the decision so that it appears what is corrected. The Parties shall immediately be corrected during the.
(5) the case end and other control orders, decisions the Court may overturn when the tuning is not disproportionately burdensome for a party that has made them after the decision. Civil Law § 19-10 fourth paragraph about the reshuffle also applies as far as the fit.
§ 57. Settlement (1) it can be entered into the settlement under the main negotiation. Settlement is diverted into law book and signed by the parties and the Court. Has the settlement not provisions on legal costs, the Court shall on the petition from the parties settle the issue at its discretion. Civil Law § 19-11 the third paragraph about the Court's control of the settlement applies accordingly.
(2) A court settlement has the same effect as a legally enforceable judgement of the Labour Court.
(3) the question whether a court settlement's validity can be appealed to the Supreme Court's appeal Committee. Appeal deadline is one month.
section 58. Appeal (1) ruling that rejects a case from the Labour Court, can be appealed to the Supreme Court's appeal range. 1 Appeal deadline is one month.
(2) the non-party, can appeal an order or decision that the person in question imposes duties or places on penalty or charge out responsibility. The parties may appeal the rulings as the places on them even punishment-and charge out responsibility pursuant to section to section 60 and 62.
(3) the appeal must be declared immediately if the person is present in court, and otherwise no later than three days after the person has been given notice of the decision. As long as someone has performed as a counterpart or can be considered as counterpart, should that person be directed the appeal under about. The appeal has suspensive effect for it as the anchor.
(4) the Court send without delay appeal statement with the required documents and transcripts to the Supreme Court's appeal Committee. The Court, the appellant and others that the appeal has meaning for, can provide the written statement on the matter. Called when the facts that were not previously mentioned, shall always be sent through the right statement.
(5) The Court's judgments and rulings that are not covered by the first and second paragraph are final and can be carried out according to the rules of the Supreme Court Justice. A judgment can still be appealed to the Supreme Court appeal the selection to the waiver on the grounds that the case does not belong under The Court's jurisdiction. The deadline for such appeal is one month.
section 59. Legal costs (1) as a general rule not awarded costs of the court case Work.
(2) The Court may in particular cases impose on one of the parties or both to cover the State's expenses to a trial under this Act.
(3) when the special reasons for it, the Court may announce themselves a party that has won a case for Labour Court, compensation for their legal costs from the opposing party. The case is considered also won if an opponent's case is dismissed or adjourned.
(4) Raised the matter as settled out of court without the settlement includes the case costs, determined the issue of legal costs after the Court's discretion, if one of the parties demands it.
Chapter 5. Closing provisions section 60. Offensive behavior, etc.
(1) Whoever in a meeting of the labour court or someone who insults the court meetings for it, interfere with the meeting, violates the Court's dignity or not sounds from the Court decree or subjects the judge that governs the case, can be exercised and imposed fines. The one who writes something indecent or offensive in a process type, can be fined. The decision shall be made by order.
(2) the provisions of the first paragraph also apply to proceedings for the arbitration institution.
section 61. Violation of confidentiality, etc. The intentional or grossly negligent breach confidentiality under section 23 or section 54 the second paragraph, be punished with the bot after the Penal Code § 209. In the same way be punished the who contravenes section 22 second paragraph by to pass on information that the mediator will collect under the arbitration, section 26 the second paragraph, to pass on information about the vote over the arbitration proposal and section 27, third paragraph, to pass on voting results before the national mediator has announced the main result.
section 62. Absence etc.
(1) If a witness or anybody else has got especially order to meet in person, are not taking place without a valid absence, not in the time reports due without permission or leave the meeting before it's over, they can be fined and ordered to partially or completely replace the costs incurred. The decision shall be made by order.
(2) there is no that person for new notice or solicitation to meet, can it even once imposed fine and charge out responsibility.
(3) as invalid absence is considered also that anyone without valid reason refuse to undertake the task as an expert, that an expert witness neglects his duty, and that someone must be rejected because the person meets the drunk.
(4) Refuse any without valid reason to explain himself or pay insurance, he or she can by order under the case imposed fines and be ordered to partially or completely replace the costs that that refusal has caused. He or she can not imposed such punishment and such charge out responsibility more than twice in the same case.
(5) if someone does not order to comply with the disclosure of a document or display, submit or provide access to a thing or to audit and make excerpts of a document or the like, it is considered refusing to explain himself.
section 63. Responsibility for appeal For obviously baseless appeal the Supreme Court can impose fines and appeal the charge out selection responsibility.
Chapter 6. Ikraftsetting and changes in other laws § 64. Ikraftsetting law takes effect from the time that the King decides. 1 from the time the law takes effect, revoked the law 5. may 1927 No. 1 about the disputes.
section 65. Changes in other laws-