Regulation Of The Council Of Ministers Dated 16 August 1991 On Procedure Before The Social Arbitration Boards

Original Language Title: ROZPORZĄDZENIE RADY MINISTRÓW z dnia 16 sierpnia 1991 r. w sprawie trybu postępowania przed kolegiami arbitrażu społecznego

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On the basis of article. 16 paragraph. 7 of the Act of 23 May 1991 on resolving collective disputes (Journal of laws No. 55, item 236) are managed as follows: § 1. 1. the College Social Arbitration by Supreme Court settles disputes multi-employer plans.

2. arbitration at the provincial courts social Colleges that created labor and social courts-jurisdiction for the registered office of the establishment-dispute resolution company.

§ 2. The Arbitration Committee shall be appointed by the President include: social of the President of the competent court of the judges of that Court, and three members appointed by each party.

§ 3. 1. proceedings before the College social arbitration are initiated on the proposal page leading dispute in the interest of the employees.

2. the application shall include the determination of the parties, the subject matter of the dispute and to indicate the persons designated by the parties as members of the College. The application shall be accompanied by the protocols of discrepancies with the negotiation and mediation, as well as documents relevant to the resolution of the dispute.

§ 4. 1. If the request cannot receive proper gear as a result of the shortcomings of formal, the President of the Court calls on the page to complete the application within 7 days.

2. After the expiration of the term circle to remove the shortcomings of formal, the President of the Court manages the return request page.

3. If the application may receive a further course, the President of the Court manages the service a copy of the request to the other party to the dispute, with a call to indicate the members of the College within 3 days.

§ 5. 1. If the parties to the dispute have indicated to members of the College, the President of the Court calls on them to remove this lack of within 7 days.

2. If you do not select members of the College by the parties to the dispute in the granted period, the President of the Court manages the return request page.

§ 6. The President of the court appoints a President without delay of the College and the term of the meeting and shall notify the parties and the designated members of the College at the time and place of the meeting. Call and notice shall be served in the most targeted to accelerate the resolution of the dispute.

§ 7. 1. the meeting of the College shall be in the courts, unless specific reasons argue in favour of fixing a meeting elsewhere.

2. the meetings of the College are open to the public. The College may determine that the consideration of the dispute will take place behind closed doors, if it is necessary to State secrecy or for business.

3. The meeting of the College shall be drawn up. Recorder designates the President of the Court.

§ 8. 1. The President of the College can before the meeting invite the parties to submit explanations and documents necessary for the resolution of the dispute or the presentation at the meeting.

2. the College may carry out, if necessary, other evidence, using the appropriate provisions of the code of civil procedure of evidence.

§ 9. After the opening of the meeting by the Chairman the Parties present their positions. The College encourages the parties to conclude an agreement. The content of the agreement before the College should be included in the minutes of the meeting and found the signatures of the parties.

§ 10. 1. If there is no agreement, the President of the College closes the meeting, when the College considers the matter to be sufficiently explained.

2. After the close of the meeting of the College deliberates upon which it appears. Narada is implicit. In the room of the Council, are only members of the College and, if necessary, also the recorder.

§ 11. 1. the judgment of the College falls by majority vote. Member of the College may not abstain from voting; However, if during the voting, disagreed with the majority-at the time of signing the judgment report dissenting opinion.

2. a decision shall be signed by all members of the College.

3. The decision of the College should contain: 1) name and composition of the College, 2) the date of the judgment, 3) identification of the parties, 4) an indication of the subject matter of the dispute, 5) decision and its justification, 6) to determine whether the decision involves page 7) the signatures of the members of the College.

§ 12. 1. the judgment of the College Announces President and gives recitals.

2. the judgment of the College and the reasons for it shall be served on the parties with the Office no later than 7 days after the judgment.

§ 13. Each Party shall bear the costs associated with his participation in the case, including remuneration and reimbursement of expenses incurred by the designated members of the College in connection with the performance of their tasks.

§ 14. To register the applications instituting proceedings and to conduct Act shall apply mutatis mutandis applicable in the courts of the rules of procedure the business hours of the ordinary courts.

§ 15. Cases initiated on the basis of the provisions of the resolution of the Council of State of 30 December 1982 on the rules of procedure of the boards of arbitration (Polish Monitor 1983, no. 1, item 1) before the date of entry into force of the regulation roll from that date under the provisions of this regulation.

§ 16. [1] Regulation shall enter into force on the date of the notice.

President of the Council of Ministers: j. k. Bielecki [1] Regulation shall enter into force on August 19, 1991.