When there is a disagreement between an employer and an employee, attempts should be made to resolve the dispute by agreement of the parties.
Labour dispute
A petition filed with a labour dispute committee shall be heard within 45 calendar days as of the receipt thereof by the labour dispute committee unless the extension of the proceedings arises from objective circumstances or the provisions of Labour Dispute Resolution Act.
A labour dispute committee (hereinafter also committee) is an extrajudicial authority within the Labour Inspectorate. The members of a labour dispute committee are the chairman of the labour dispute committee and a representative of employees presented by federations of occupational and professional associations of employees and a representative of employers presented by central federations of employers, appointed as staff member of the labour dispute committee.
Recourse to a labour dispute committee is exempt from state fees. When resolving a labour dispute matter in a labour dispute committee each party shall cover their own procedural expenses.
A decision of a labour dispute committee which has entered into force is binding on the parties.
If the parties disagree with the decision of the labour dispute committee, they may have recourse to court for the hearing of the same labour dispute matter within 30 calendar days as of the receipt of the decision of the labour dispute committee.
Labour Dispute Resolution Act governs the establishment and the rules of procedure of labour dispute committees and the procedure for the resolution of a labour dispute. A petition can be filed with a labour dispute committee by emailing it to [email protected] or by sending it by post to the relevant address of the permanent labour dispute committees. The postal addresses and jurisdictions of the labour dispute committees are available here.
The application on paper must be signed personally. An application may be signed by a representative only if the application is accompanied by a document certifying the right of representation (unattested proxy). On paper, the application, including its annexes, shall be signed and submitted in duplicate and shall be sent by post to the relevant labor dispute committee or delivered in person.
If you submit your application by e-mail, it must be digitally signed. If documents are to be attached to the application, they shall also be submitted by e-mail.
More information about labour dispute can you find on the web page of Labour Inspectorate. Please find here the instructional video for filling in the application in English.
Court
The other body in charge of resolving labour disputes is the court. The only restriction is that submitting an application simultaneously to a labour dispute committee and the court is prohibited.
In case of work-related problems, the solution should be primarily sought from the contract of employment, a collective labour agreement, a legal act or an administrative act. Labour relations are complicated and problems are frequent; therefore it is recommended that you consult a representative of the employee, a trade union or the managing body of an employees’ association in case of a disagreement.
Public Conciliator
The parties of the disputes related to the conclusion and performance of collective agreements have the right to consult the Public Conciliator. The Public Conciliator is a person appointed by the Government of the Republic, who shall try to identify the reasons for a labour dispute and shall propose resolutions. In case of successful negotiations the conciliation shall be documented in writing and the performance of the agreement is binding on both parties. In addition to this, collective labour disputes may be resolved in a labour dispute committee or court.
More about collective labour dispute (strike, lock-out) can you read on the Tööelu (working life) portal.
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References
- Submitting an application to a labour dispute committee
- Contacts and work areas of Labour Dispute Committees
- European e-Justice Portal