Abstract
Social arbitration as the third method of resolution of collective disputes can be used to resolve a dispute in an amicable manner. Thanks to this method, parties to the collective dispute can end their conflict thanks to the arbitration award with no need to go on strike. The author analyses the legal nature of arbitration awards and presents consequences of the related labour law legislation. The conclusion is as follows: current legal regulations are in need of change, especially when it comes to the execution, amendment and supplementation of an award issues as a part of social arbitration with the involvement of trade unions, employers or their organisations.
Highlights
Collective labour disputes constitute a material element of the economic system of a state
The conclusion is as follows: current legal regulations are in need of change, especially when it comes to the execution, amendment and supplementation of an award issues as a part of social arbitration with the involvement of trade unions, employers or their organisations
While analysing the issues of arbitration awards, it is worthwhile to consider whether parties to the employment relationship are entitled to the claim for the execution of an award issued by a social arbitration college on the same terms as those applying to the formulation of demands referring to the execution of provisions of the collective agreement executed in the course of social arbitration
Summary
Collective labour disputes constitute a material element of the economic system of a state. Such an agreement as the source of the appropriate content of the labour law, determining rights and obligations has the legal nature characteristic for agreements based on RCD7 resulting from bargaining and mediation. Such an agreement as the source of the appropriate content of the labour law, determining rights and obligations has the legal nature characteristic for agreements based on RCD7 resulting from bargaining and mediation8 It should determine: parties to the dispute, precise claims of the trade unions and normative collective provisions if they apply to the general situation of the employees. Agreements signed by parties to the dispute in the course of social arbitration entail an automatic change of collective interests of employees the satisfaction of which the trade union demanded into individual subjective rights just like agreements executed at the bargaining and mediation stage
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