Summary

(translated by M.-E. Ilja)
This article provides a survey of the new draft law which regulates the procedure for settlement of labour disputes. At present the employee-employer disputes in respect of which the parties do not reach an agreement are mainly settled in court. However, the often time-consuming and complex civil proceedings do not encourage employees to bring an action. By contrast, hearing of disputes in special bodies responsible for settlement of labour disputes should be speedy and effective subject to the nature of the dispute. Consequently, the Ministry of Social Affairs commissioned a draft law on the individual settlement of labour disputes. This draft law defines the concept of the individual labour dispute, the bodies responsible for settlement of such disputes, the procedure for settlement, etc.
The draft law provides for the establishment of a body for the out-of-court settlement of labour disputes, called the Labour Dispute Commission at the Labour Inspectorate of the Working Environment Board. The staff of the Labour Dispute Commission will include Chairperson and the representatives of employees and employers. The Chairperson of the Labour Dispute Commission will be appointed by the Minister of Social Affairs. The Labour Dispute Commission will enjoy an independent status in resolving labour disputes.
The draft law establishes relatively short terms for the settlement of labour disputes: one month in the Labour Dispute Commission and three months in the court. In addition, the draft law provides for a comparatively simpler procedure for settlement of disputes than the one established by civil proceedings. This will enable employees to better protect their rights in the Commission even without the assistance of attorneys.