Settlement Of Labor Disputes Research Articles

Current issues of labour dispute resolution through mediation

The article presents a comprehensive theoretical and legal study of mediation as an alternative procedure for resolving labor disputes. The author proves that the urgent issue of labor law science is to make specific proposals for the development of a systematic and consistent legislative framework for the use of labor mediation in resolving labor disputes. The author draws attention to the fact that current legislation makes situational references to this concept in certain articles without disclosing its content, which leads to law enforcement problems. Thus, the Law of Ukraine "On Mediation” supplemented the current Labor Code of Ukraine with a new Article 221-1 "Settlement of Labor Disputes through Mediation”. It is emphasized that the inclusion of the new provision in Chapter XV "Individual Labor Disputes” of the Labor Code of Ukraine indicates that the legislator has limited the mediation procedure to the settlement of individual labor disputes. The author emphasizes that failure to comply with the principle of legal certainty as a component of the rule of law principle enshrined in Article 8 of the Constitution of Ukraine impedes the proper protection of labor rights. The author argues that the national legislator incorrectly applies the concept of "labor dispute” by defining mediation as an alternative way of its resolution, since in fact a "labor dispute” arises at the time of applying to the bodies which consider them. Mediation does not resolve a labor dispute, but rather disagreements between the parties to labor relations at the stage of voluntary settlement of such disagreements, which is more appropriately called a "labor conflict”. The author denies the legislator's position that the mediation procedure is applicable only to individual labor disputes. Attention is drawn to the need to extend such an institution to collective labor disputes. The author argues that it is necessary to eliminate regulatory uncertainty regarding the terminology of the concept of "mediation" and to harmonize the provisions of the Law of Ukraine "On Mediation" and current labor legislation. The existence of stable and clear legislation on mediation is an embodiment of the rule of law and will contribute to the formation of public confidence in alternative out-of-court dispute resolution procedures.

THE SIGNIFICANCE OF THE LAW ON AMICABLE RESOLUTION OF LABOR DISPUTES AND THE REVIEW OF THE PRACTICE THUS FAR

During the work process, numerous instances of dispute regarding the positions of the employees, or the interpersonal relations between them or between them and their employer may arise. In addition to the traditional judicial method of labor dispute resolution, it is necessary to develop independent and impartial negotiation mechanisms between the parties in the area of individual and collective labor disputes. In Serbia, these are certainly the arbitration settlement of individual and collective labor disputes, and conciliation as a method of resolving collective labor disputes within and through the Republic Agency for Peaceful Settlement of Labor Disputes. There are many benefits to peaceful labor dispute settlement. The goal of supplementary procedures, i.e. procedures for peaceful labor dispute resolution, is to relieve the traditional judicial approach and direct it to the procedures where a judicial settlement of the dispute is truly necessary. Besides the concept, advantages and characteristics of the amicable labor dispute settlement procedures, certain types of these procedures such as mediation, conciliation and arbitration are also analyzed in the theoretical section of this paper, as well as the most important provisions of the Employment Act and the Law on Amicable Resolution of Labor Disputes. In the research section of this paper, the practice of the Republic Agency for Peaceful Settlement of Labor Disputes in the procedures of amicable labor dispute settlement, both for the territory of the Republic of Serbia and the territory of the City of Novi Sad, is analyzed. The primary research data source was the official data of the Republic Agency for Peaceful Settlement of Labor Disputes. The paper is methodologically based on a theoretical analysis of relevant contemporary theoretical views, a normative analysis of legislative sources, and a quantitative analysis of statistical indicators in the domain of the research subject.

PROCEDURE FOR CONSIDERATION OF INDIVIDUAL LABOR DISPUTES

With the entry into force of the new Labor Code of the Republic of Kazakhstan, adopted in 2015, there have been significant changes in labor relations in the procedure for resolving and considering individual labor disputes. Any labor dispute between the parties is considered in two ways: pre-trial and judicial. Regulation of the procedure for consideration of individual labor disputes in the Republic of Kazakhstan is carried out on the basis of relevant legislative acts and orders. Currently, pretrial settlement of labor disputes is increasingly practiced. The desire to resolve disputes out of court is now becoming a «global trend» and is an indicator of the professionalism of the judiciary. Individual labor disputes are an integral part of any labor activity that arises in connection with any contradictions between the employee and the employer. Individual labor disputes arise within the framework of labor relations between an employee and an employer, for example, they are reflected in such aspects of labor activity as wages, working conditions, illegal dismissal, violation of employee rights, etc. Labor disputes are classified according to the subjective composition of the parties, depending on the nature and departmental subordination of the dispute. Every citizen of the Republic of Kazakhstan has the right to protect their labor rights and legitimate interests. The only way to pre-trial settlement of labor disputes is the procedure for resolving in a team by a conciliation commission. However, if the dispute is not resolved within the framework of the conciliation commission, the employee may apply to the court with a claim to protect his labor rights and interests.

A Review of the Implementation of Dispute Settlement of Indonesian Migrant Workers Placement by the Central Java Provincial Labor Dispute Settlement Service Center

A Review of the Implementation of Dispute Settlement of Indonesian Migrant Workers Placement by the Central Java Provincial Labor Dispute Settlement Service Center

Problematika Proses Mediasi Ketenagakerjaan Ditinjau dari Aspek Keadilan (Studi pada Disnakertrans Jawa Timur)

Mediation is an important element in the alternative scope of labor dispute resolution in Indonesia as well as the mediator. There fore in 2016, PERMA No. 1 of 2016 regarding mediation procedures issued by the government. The settlement of labor disputes in the form of industrial relations between workers and employers of a company which is usually processed at the Manpower and Transmigration Service (Disnakertrans) is also certainly mediated by a neutral party, namely a mediator. The mediator himself is indeed very necessary in this process. Even so, the mediator in carrying out his work will definitely encounter obstacles along the way which will hinder his various duties and authorities, especially in his activities. We have to study these obstacles together so that they don't happen again in the future and can be minimized in such a way. And this of course refers to the laws and regulations related to mediation that the mediator relies on. These obstacles not only hinder the mediator but can also interfere with both parties to the dispute. In this journal, we conduct an in-depth analysis and study of the obstacles encountered in the mediation process, especially labor mediation. Through this research, we were able to find out the implementation of mediation in the East Java Province Manpower and Transmigration Agency. Apart from that, we also identify and analyze some of the common obstacles faced by mediators from the aspect of justice.

Kedudukan Hukum Tata Usaha Negara Dalam Penyelesaian Sengketa Terhadap Putusan Pemberhentian Tidak Hormat

Indonesia as a developing country is currently developing in various sectors. Globalization is a process of organizational change in relation to the functioning of capitalism, which is characterized by the emergence of market integration and transnational corporations, as well as the underdevelopment of supranational institutions. Thus, it is possible to influence the work behavior of the Indonesian people, so that if the party who feels aggrieved is not satisfied with the results of dispute resolution due to the development of globalization, an appeal is needed. . The appeal as referred to in is an administrative action based on Article 48 of Law Number 51 of 2009 concerning Amendments to Law Number 9 of 2004 concerning Amendments to Law Number 5 of 1986 concerning State Administrative Courts (PTUN). The purpose of the wording of this Article is to know the authority of the State Administrative Court in resolving state administrative disputes against dishonorable dismissal decisions and the steps that must be taken to resolve them as state administrative disputes. The research method applied is normative-law. The settlement of labor disputes is resolved by the State Administrative Court, except for labor disputes due to violations of the disciplinary code of the state civil apparatus, which are resolved by administrative complaints to the Personnel Advisory Board. ,

Labour-related Dispute Settlement under the United States’ Free Trade Agreements and Recommendations for Vietnam

Many United States’ free trade agreements, including the new generation of free trade agreements, contain strong commitments on labor, especially from a dispute settlement perspective. There are concerns about the effectiveness of such labor dispute resolution mechanisms. However, the practice of settling disputes between the United States and its partners has partly shown that these mechanisms have worked quite well to quickly resolve problems and disagreements between the parties during the implementation of their labor commitments. This can help Vietnam draw some meaningful lessons. Therefore, this article will focus on analyzing some key points in the labor dispute settlement mechanisms, the practical use of this mechanism in free trade agreements to which the United States is a member and on drawing some lessons for Vietnam

The Government as the Intermediate in the Settlement of Labor Disputes in Indonesia

Purpose: Therefore, it is essential to know the impact of peace settlement efforts which must be carried out outside the court as a formal condition for filing a lawsuit to the Industrial Relations Court.
 
 Theoretical framework: When there is a dispute between workers and employers, government intervention and authority is needed. So that at this stage, labour law is related to public law, both in the aspects of state administrative law, state administrative law and criminal law. Ass a third part, the government helps resolve labour disputes through bipartite, mediation, conciliation and arbitration. These pre-litigation steps are considered to slow down the settlement process in employment.
 
 Method/design/approach: The method used in this research is normative legal research or also known as doctrinal legal research, and the statutory and comparative approaches.
 
 Results and conclusion: The results of this study explain that written recommendations and minutes of mediation made by government officials in the field of employment, namely mediators, must be owned by workers/labourers who wish to file a lawsuit with the industrial relations court because the Constitutional Court stated that the minutes of mediation are formal requirements that the plaintiff must fulfil.
 
 Research implications: The mediation required by Law 2/2004 slows down workers from filing a lawsuit at the Industrial Relations Court (PHI) because the mediation minutes only contain matters of a purely administrative nature; even without the mediation minutes, the PHI judges are still digging into the issues and evidence. Evidence that will be used as a judge's consideration in deciding. So that the mediation minutes are not included as evidence in employment cases.
 
 Originality/value: The study in this research is fascinating because it will explain how the government should mediate employment cases.

DOES THE PRESCRIPTION ACT APPLY TO CLAIMS UNDER THE LABOUR RELATIONS ACT?

The applicability or otherwise of the Prescription Act 68 of 1969 to claims under the Labour Relations Act 66 of 1995 (LRA) is a hot topic in contemporary labour law. In particular, questions as to whether an arbitration award, an unfairly dismissed employee’s claim, an order of reinstatement, or a claim for arrear wages could be thrown out of court for having prescribed have been encountered in at least four recent decisions of the Constitutional Court of South Africa – Myathaza v JHB Metropolitan Bus Service (SOC) Ltd t/a Bus Metrobus 2018 (1) SA 38 (CC); Mogaila v Coca-Cola Fortune (Pty) Ltd 2018 (1) SA 82 (CC); FAWU obo Gaoshubelwe v Pieman’s Pantry (Pty) Ltd (2018) 39 ILJ 1213 (CC); and NUMSA obo Fohlisa v Hendor Mining Supplies (A Division of Marschalk Beleggings) (Pty) Ltd (2017) 38 ILJ 1560 (CC). Given the environment in which labour disputes take place, and that expedition is of the essence in a regulated dispute resolution process, one could conceive of a reinstatement claim arising from a labour dispute being caught by the general limitation on lodging civil claims after three years. The rationale for limiting the period during which civil claims may be made ought, mutatis mutandis, also to apply to matters arising from employment claims – especially if it is borne in mind that expedition is at the heart of the settlement of labour disputes. In the absence of any mention of a time-bar for laying reinstatement claims under the LRA (except for the 30 days for referring a dispute of unfair dismissal or 90 days for unfair labour practice to a bargaining council or the Commission for Conciliation, Mediation and Arbitration (CCMA) (s 191)), it is not surprising that the applicability or otherwise of the prescription period of three years has been in issue in a number of reinstatement claims.

Settlement of labor disputes through mediation

The article is devoted to the issue of settlement of labor disputes through mediation. It is noted that labor disputes are one of the most numerous legal disputes and the most common among the jurisdictional forms of protection of labor rights is judicial protection. But in the conditions of war, when many workers became internally displaced persons, were forced to leave our state, courts do not work, there is a need to find alternative justice. Mediation is an effective mechanism for out-of-court dispute resolution.
 It is noted that the expediency of using the mediation procedure as a primary way to protect the rights and legitimate interests of the parties to labor relations, compared to litigation and CCC proceedings, is evidenced by the fact that such mediation can provide a speedy resolution of labor disputes. The institute of mediation is a positive legislative decision in Ukraine, which will reduce the duration of labor disputes, the cost of litigation from the state budget, reduce the workload of courts.
 It is concluded that mediation as a way of resolving labor disputes is an extrajudicial voluntary, confidential procedure initiated by the subjects of labor law (employee or employer) to involve an independent, impartial, professional mediator (mediator) to achieve a joint settlement of labor disputes and continue labor relations between them.
 Although there is a growing interest in mediation of labor disputes, the low level of legal culture, low level of trust in mediation, lack of awareness of society in general and citizens in particular about mediation, its benefits as an alternative to litigation, the difficulty of choosing a mediator as a highly professional does not contribute to the rapid development of mediation of labor disputes.
 In the conditions of martial law, mediation of labor disputes is especially relevant. After all, the imposition of martial law throughout the country was reflected in the administration of justice by the courts of Ukraine. In order to prevent threats to the lives and health of judges and participants in the trial in the temporarily occupied territories of the state, the administration of justice has been suspended. In other areas, the courts continue to administer justice, however, with certain features and to ensure the smooth operation of the courts during the war is extremely difficult. Therefore, in a state of war, mediation is an alternative to the judicial process of resolving labor disputes and resolving conflicts.

Features of pre-trial settlement of labor disputes of professional athletes in the norms of all-russian sports federations and professional sports leagues

The article discusses the features of pre-trial settlement of labor disputes in professional sports. The historical aspect of formation of legislation in terms of dispute settlement in professional sports is revealed, the main signs of pre-trial settlement of labor disputes in professional sports are given, in particular, signs of autonomy and confidentiality. The approaches of All-Russian Sports Federations and professional sports leagues to the resolution of labor disputes of professional athletes both in the first and in the appellate instances are specified. The article also examines the problems of legal regulation of the status of bodies of all-Russian sports federations and professional sports leagues that resolve labor disputes of professional athletes. Necessary amendments to the current labor legislation of the Russian Federation are proposed for the purpose of properly consolidating the status of the above-described bodies. Possible risks are considered in the event of no changes in the labor legislation.

Legal Protection in Labor Dispute Settlement Through Industrial Relations Mechanism

This article discusses one of the Indonesian legal products used in the settlement of labor disputes, namely the industrial relations mechanism, which is part of the legal product to resolve disputes by legal protection measures. This article aims to find out the mechanism of Industrial Relations to provide legal protection in labor disputes. This article is normative juridical research that analyzes secondary data from legal studies literature in the form of books, journals, and other materials related to the research topic of this article. The data analysis technique used is content analysis. The results of the analysis show that legal protection in labor disputes with industrial relations mechanisms can be carried out through the Bipartite, Tripartite, and Industrial Relations Courts (PHI). The results of this court's decision do not only stop in writing on paper, but there must be a follow-up from the losing party to carry out their obligations based on the demands that have been set.

The Future of Work and Labor Dispute Settlement

The Covid-19 pandemic has transformed workplace models from a purely on-site model where all executives and employees work in one or several principal offices, to diverse new models: hybrid or fully remote workplaces. These new workplace models, known as “the future of work,” enable employers to access talent remotely and without geographical limitations, leading to more productivity and lower overall cost. However, these hybrid or fully remote working models could create legal complications concerning labor disputes, which the available traditional approaches may not be successful in resolving. This article aims to discuss two main issues: firstly, it will examine the current available approaches to resolving labor disputes, particularly the mechanisms specified in Thailand’s Labor Relations Act, while highlighting more compromising, efficient approaches to labor disputes—especially in relation to the new working models. Secondly, it will tackle the possibility of implementing employment arbitration under Thai law, analyzing the pros and cons of this approach and its suitability when applied to the new working models.

Research on Labor Market Institutional Environment and Labor Agglomeration-Analysis Based on Dynamic Spatial Panel Data.

The institutional environment not only has a great impact on economic development but also has a certain impact on labor agglomeration. This paper explains the phenomenon of labor agglomeration from the perspective of the labor market institutional environment. Taking the labor market institutional environment including social contract environment and labor contract environment as the premise, it is considered that a good labor institutional market can promote labor agglomeration and technological progress can stimulate the agglomeration of highly-skilled talents through theoretical analysis. Based on the provincial panel data from 2001 to 2017, the empirical analysis is conducted to verify the relevant factors through the dynamic spatial Durbin model. The paper finally puts forward some policy suggestions to maintain a good institutional environment of the labor market, including that the local government should continue to improve the labor dispute settlement system, strengthen the protection of labor rights and interests, and enhance the institutional environment of the regional labor market.

Resolving individual labor disputes in Kazakhstan in the era of human rights

The main role of labor law is that it harmonizes the interests of society, the state, as well as workers and employers in the field of employment. One of the mechanisms for ensuring such a reconciliation of interests is an effective judicial system, which must be “tuned” to the special subject composition of labor relations; should differentiate the principles of civil and labor contracts; to provide a special approach to the settlement of labor disputes, taking into account the vital necessity for citizens to participate in hired labor, to receive remuneration; take into account the risk for citizens of loss of life and health in labor relations if the employer does not comply with labor protection measures; take into account the impossibility of restoring the original position of the parties (bring the parties to their original position) when terminating the employment contract. The study is aimed at developing the theoretical and methodological foundations of the judicial form for resolving labor disputes. The scientific and practical significance of the work lies in the substantiation of proposals for further improving the procedures for resolving labor disputes. Methodologically, the study was carried out using traditional methods inherent in legal science: formal legal (dogmatic), sociological and legal, the method of legal modeling, as well as the critical legal method of legal knowledge. The main results are aimed at improving the current practice of implementing the judicial form of protecting social and labor human rights. Keywords: individual labor dispute, mediator, labor conflict, justice, labor law.

Assessment of Applying Saudi Labour Law to Digital Platform Workers: Taking Uber as an Example

The use of technology platforms has become quite common and popular worldwide. Some of these platforms have used for business purpose such as connecting taxi drivers with riders or providing delivery services. At present, there are famous institutions employing persons to provide their services through digital platforms, and in some states, such persons are considered workers. In the Kingdom of Saudi Arabia, it is significant to find a direct answer to whether or not persons using digital labour platforms to offer services could be regarded as workers, and the Saudi Labour Law must, or not, be applied to govern their contracts with the enterprises that own these platforms. This paper aims to find a legal solution to this issue and concentrates on digital platform workers in Saudi Arabia. It examines mainly legal sources relating to Saudi Labour Law such as books, and investigates a number of reported judgments issued by the Commission for the Settlement of Labour Disputes in Saudi Arabia in 2010 and 2011.It also reviews relative information provided on the web sites of Uber. The finding is that the traditional rules of Saudi Labour Law should apply to these types of work agreements, and persons rendering their services through digital platforms must be protected by the rules established in the Law, but, according to the recent provisions adopted by the Saudi Ministry of Human Resources and Social Development, it seems that they are considered as freelancers.
 
 Received: 4 March 2021 / Accepted: 6 May 2021 / Published: 8 July 2021

Prednosti arbitražnog u odnosu na sudsko rešavanje radnog spora

An employment dispute is a dispute between a single worker and the employer, or between a trade union and employer or association of employers. The division of employment disputes is important because it indicates the method of the settlement of labour disputes. According to Serbian legal system, employment disputes can be settled in court or using one of the alternative labour dispute resolution methods (arbitration, conciliation, mediation). Based on the Law on the Amicable Settlement of Employment Disputes, an institution for the peaceful settlement of labour disputes was established - State Agency for Amicable Settlement of Employment Disputes. Arbitration is always voluntary. The Agency is to be in charge only if both parties accept to solve the dispute using arbitration. An individual employment dispute can be solved using arbitration only if that is allowed by work contract or a general employer act. A collective dispute can also be solved using arbitration. If one of the parties does not want to use an alternative method for solving the problem, arbitration cannot be an option. In that case, the only way to protect its rights is in court. The process of settling a dispute in court before a judge is an extremely strict and formal procedure required by law. The court is obligated to determine relevant facts and make a decision based on them. The judgment is binding for the parties and can be forcedly executed. Protection of rights is accomplished when the judgment or arbitration decision is made and executed. The arbitration decision can be voluntarily executed, unlike the judgment that can be forcedly executed. The arbitration decision cannot be forcedly executed and that is the main disadvantage of the arbitration. The arbitration procedure needs to be improved in order to guarantee the protection of rights.

Protecting Employees’ Wages in Accordance with Saudi Labour Law: Should We Do More?

The Saudi government intends to enhance the private sector working environment and to make it more attractive to potential employees by establishing rules and programs like the Wages Protection System, which aims to monitor procedures for paying employees’ salaries; a private company will be founded in the near future for the same reason. This paper examines the rules for paying employees’ wages in the private sector, in particular, the issue of not paying their wages by the date due, and how the Saudi Labour Law and the Wages Protection System deal with the issue, to reveal whether there is a need to reform the current approach. The paper analyses mainly legal materials related to Saudi Labour Law such as books, the courts judgments published by the Commission for the Settlement of Labour Disputes in Saudi Arabia and relative information provided on the web sites of The Ministry of Human Resources and Social Development. In brief, this study suggests amending the current approaches relevant to this issue, as there are various weaknesses and concerns that have been identified in the approaches adopted in Saudi Labour Law to dealing with the delayed payment of workers’ salaries.

The key to system performance lies in implementation: empirical evidence from labor dispute data of Shanghai from 1918 to 1940

ABSTRACT The process of system implementation could be the key to determining system performance. This paper discusses this issue by using empirical methods to analyze Shanghai labor dispute cases. Although the labor dispute settlement system is designed to protect workers, empirical analyses show that government intervention will inhibit workers in labor disputes. Further analysis reveals that government intervention is selective based on the case reasons and differs in intensity. In addition, the events that affect government power may influence the case outcome.

Assessment of changes to Saudi Labour Law regarding unfair dismissal of employees

Purpose Saudi Arabia recently amended the Labour Law provisions governing the unfair dismissal of employees in the private sector. The previous version of the legislation, which had been in force for many years, had entitled employees to demand reinstatement or make a claim for fair financial compensation equal to the damages sustained. The recent amendments eliminated the right of a dismissed employee to seek reinstatement and also revised the rules relating to monetary compensation. The purpose of this paper is to critically analyse and evaluate the new approach, which has been criticized heavily. In addition, it suggests feasible alternative ways to handle unfair employee dismissal, which can be incorporated into the current Saudi Labour Law. Design/methodology/approach This paper presents an analysis of the existing approach to dealing with unfair employee termination in the Saudi Labour Law. It is based mainly on information collected from various legal materials, such as books, review of judgments issued by the Commission for the Settlement of Labour Disputes in Saudi Arabia and relevant Islamic rules. Findings The results of this examination clearly show that there are several flaws in the current approach to dealing with the issue of unfair dismissal of employees. To correct this situation, workable approaches have been suggested for possible consideration and incorporation into the Saudi Labour Law. Originality/value To the author’s knowledge, this is the first academic study to analyse the current approach to handling unfair employee dismissal in the Saudi Labour Law.