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The definition of Collective Labour Disputes - new Art.1.(2)

COMPONENT 2 ''DISPUTE SETTLEMENT - IMPROVEMENT OF THE RIGHT TO STRIKE REGULATION'' OF THE MLSP PROJECT ''PROMOTION OF SOCIAL DIALOGUE AND BETTER WORKING CONDITIONS FOR EMPLOYEES'' IMPLEMENTED BY NATIONAL INSTITUTE FOR CONCILIATION AND ARBITRATION (NICA).

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The definition of Collective Labour Disputes - new Art.1.(2)

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  1. COMPONENT 2 ''DISPUTE SETTLEMENT - IMPROVEMENT OF THE RIGHT TO STRIKE REGULATION'' OF THE MLSP PROJECT ''PROMOTION OF SOCIAL DIALOGUE AND BETTER WORKING CONDITIONS FOR EMPLOYEES'' IMPLEMENTED BY NATIONAL INSTITUTE FOR CONCILIATION AND ARBITRATION (NICA) PROPOSALS FOR AMENDMENTS TO THE COLLECTIVE LABOUR DISPUTE SETTLEMENT ACT (Promulgated, SG No. 21/13.03.1990) CHAPTER ONE OBJECTIVE AND GOAL CHAPTER TWO NEGOTIATIONS, CONCILIATION AND ARBITRATION The definition of Collective Labour Disputes - new Art.1.(2) Collective labour disputes are an expression of employees' disagreement about labour and social security rights as well as those related to living standards that are not governed by mandatory provisions of the law.

  2. PROPOSALS FOR AMENDMENTS TO THE COLLECTIVE LABOUR DISPUTE SETTLEMENT ACT (Promulgated, SG No. 21/13.03.1990) The division of the Collective Labour Disputes - new Art.1.(3) Disputes under the preceding paragraph may arise for violated rights or the establishment of such rights that employees want to acquire. They are settled by voluntary means and as a last resort by the strike. The representation of the disputing parties in Collective Labour Disputes and their authorization - new Art.1.(4) In collective labour disputes, employees are represented by the bodies of their professional organizations, and employers - by the respective management, unless the parties have authorized other bodies or persons. The authorization should be made by the General Assembly of the Employees under the terms of Article 6a of the Labour Code, with a mandate to define the powers of the representatives. The written form of empowerment is a condition for the validity of the mandate.

  3. PROPOSALS FOR AMENDMENTS TO THE COLLECTIVE LABOUR DISPUTE SETTLEMENT ACT (Promulgated, SG No. 21/13.03.1990) The start of the Collective Labour Dispute - new Art.1.(5) With the submission of claims by employees' representatives to the employer, the collective labour dispute begins. CHAPTER TWO NEGOTIATIONS, CONCILIATION AND ARBITRATION Direct negotiations – new clarification and requirements - new Art.3.(1) Collective labour disputes shall be settled through direct negotiations between employees' representatives and employers in a freely defined by them written procedure. It should specify the issues at stake, the names of the parties' representatives, the frequency of meetings, the opportunity to involve experts, the duration of the negotiations, and other matters of interest to the parties in conducting the negotiations.

  4. PROPOSALS FOR AMENDMENTS TO THE COLLECTIVE LABOUR DISPUTE SETTLEMENT ACT (Promulgated, SG No. 21/13.03.1990) The result of the direct negotiations - new Art.3.(3), (4), (5) If, within the time limit under paragraph 1, the parties reach an agreement, the dispute shall be resolved by signing an agreement for the settlement of the collective labour dispute. The agreement has effect for all employees. If a collective labour agreement has previously been concluded with less favourable clauses, the provisions of the agreement reached are subject to enforcement. With an agreement reached to settle the collective labour dispute, employees may submit new requests to the employer no earlier than one year after the conclusion of the agreement, except in the event of a significant change in the economic conditions. In the event of non-fulfilment of the agreements reached, the representatives of the employees and each employee may request the issuance of an executive order under Art. 410, para 1 of the Civil Procedure Code, regardless of the amount of the claim.

  5. PROPOSALS FOR AMENDMENTS TO THE COLLECTIVE LABOUR DISPUTE SETTLEMENT ACT (Promulgated, SG No. 21/13.03.1990) The conciliation procedure - new Art.4.(1) When no agreement is reached or if any of the parties refuses to negotiate, each of them may ask for assistance to resolve the dispute through a conciliation procedure conducted by the National Institute of Conciliation and Arbitration. The new statute of the conciliator - new Art.4b.(1) The beginning of the conciliation procedure shall be made by making a written request to appoint a conciliator who is an employee of the National Institute of Conciliation and Arbitration, he/she shall assist the parties in the settlement of the dispute. The request should contain a clear statement of the disputed issues and the names of the representatives of the disputing

  6. PROPOSALS FOR AMENDMENTS TO THE COLLECTIVE LABOUR DISPUTE SETTLEMENT ACT (Promulgated, SG No. 21/13.03.1990) The conciliation procedure - new Art.4b – 4c. The provisions that were existing in the ‘Rules of procedure for mediation and arbitration for the settlement of collective labour disputes’, adopted by the Supervisory Board, now are proposed to be part of the Collective Labour Dispute Settlement Act. The conciliation procedure– new conditions for performance. The conciliation procedure will be free of charge for the disputing parties, as the conciliator is state servant, proposed by the Director of NICA for adoption of the Supervisory Board, and NICA will pay remuneration for his/her duties. This is also the way for ensuring the impartiality of the conciliator, instead ofthe current situation where the conciliators have been proposed by the trade union’s and employer’s organisations, and the state.

  7. PROPOSALS FOR AMENDMENTS TO THE COLLECTIVE LABOUR DISPUTE SETTLEMENT ACT (Promulgated, SG No. 21/13.03.1990) The arbitration procedure - new Art.5 (1), 5 (2). Where a dispute or part of it cannot be settled by direct negotiation or conciliation, it may be referred to arbitration by the National Institute of Conciliation and Arbitration. Arbitration to NICA is an out-of-court method for settling collective labour disputes by an arbitration body - a sole arbitrator or an arbitration committee, under a written agreement between the parties. The arbitrationprocedure– new Art.6 The provisions that were existing in the ‘Rules of procedure for mediation and arbitration for the settlement of collective labour disputes’, adopted by the Supervisory Board, now are proposed to be part of the Collective Labour Dispute Settlement Act.

  8. PROPOSALS FOR AMENDMENTS TO THE COLLECTIVE LABOUR DISPUTE SETTLEMENT ACT (Promulgated, SG No. 21/13.03.1990) The arbitration procedure - new Art.8 (2). The expenses for the examination and resolution of the dispute shall be paid by the parties to the tariff approved by the Supervisory Board of the National Institute of Conciliation and Arbitration. General amendment In the Law the term ‘worker’ and ‘workers’ is replaced by ‘employee’ or ‘employees’.

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