SECTION II - COLLECTIVE LABOUR DISPUTES A. Conciliation
Article 302
A collective labour dispute is any dispute that arises between one or more employers and a certain number of their staff over working conditions, the exercise of the recognised rights of professional organisations, the recognition of professional organisations within the enterprise, and issues regarding relations between employers and workers, and this dispute could jeopardise the effective operation of the enterprise or social peace.
Article 303
If there is no planned settlement procedure in a collective agreement, the parties shall communicate the collective labour dispute to the Labour Inspector of their province or municipality. However, the Labour Inspector can take legal conciliation proceedings upon learning of the collective labour dispute even though he has not been officially notified.
Article 304
The Minister in charge of Labour shall designate a conciliator within forty-eight hours from the moment he is apprised or himself learns of the dispute.
Article 305
Conciliation shall be carried out within fifteen days from the designation by the Minister in charge of Labour. It can be renewed only by joint request of the parties to the dispute.
Article 306
During the period of conciliation, the parties to the dispute must abstain from taking any measure of conflict. They must attend all meetings to which the conciliator calls them. Unjustified absence from any such meeting is punishable by a fine set in the rules of Chapter XVI.
Article 307
A conciliatory agreement, signed by the parties and visaed by the conciliator, has the same force and effect of a collective agreement between the parties and the persons they represent. However, when the party representing workers is not a trade union, the agreement is neither binding on such union nor on the workers it represents.
Article 308
In the absence of an agreement, the conciliator shall record and indicate the key points where the conciliation failed and shall prepare a report on the dispute. The conciliator shall send such record and report to the Minister in charge of Labour within forty-eight hours at the latest after the conclusion of conciliation.
SECTION II - COLLECTIVE LABOUR DISPUTES A. Conciliation
Article 302
A collective labour dispute is any dispute that arises between one or more employers and a certain number of their staff over working conditions, the exercise of the recognised rights of professional organisations, the recognition of professional organisations within the enterprise, and issues regarding relations between employers and workers, and this dispute could jeopardise the effective operation of the enterprise or social peace.
Article 303
If there is no planned settlement procedure in a collective agreement, the parties shall communicate the collective labour dispute to the Labour Inspector of their province or municipality. However, the Labour Inspector can take legal conciliation proceedings upon learning of the collective labour dispute even though he has not been officially notified.
Article 304
The Minister in charge of Labour shall designate a conciliator within forty-eight hours from the moment he is apprised or himself learns of the dispute.
Article 305
Conciliation shall be carried out within fifteen days from the designation by the Minister in charge of Labour. It can be renewed only by joint request of the parties to the dispute.
Article 306
During the period of conciliation, the parties to the dispute must abstain from taking any measure of conflict. They must attend all meetings to which the conciliator calls them. Unjustified absence from any such meeting is punishable by a fine set in the rules of Chapter XVI.
Article 307
A conciliatory agreement, signed by the parties and visaed by the conciliator, has the same force and effect of a collective agreement between the parties and the persons they represent. However, when the party representing workers is not a trade union, the agreement is neither binding on such union nor on the workers it represents.
Article 308
In the absence of an agreement, the conciliator shall record and indicate the key points where the conciliation failed and shall prepare a report on the dispute. The conciliator shall send such record and report to the Minister in charge of Labour within forty-eight hours at the latest after the conclusion of conciliation.
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