Commentary to Decree No. 320 of 23 July 2013
On 23 July President of Belarus Aleksandr Lukashenko signed Decree No. 320 “Concerning a number of issues of dealing with collective labor disputes”.
The document regulates further operation of labor arbitration courts, which are created to deal with collective labor disputes, as well as procedures and conditions of the operation of labor arbitration courts.
Following the dissolution of the national labor arbitration court the authority of labor arbitration courts will be expanded. They will be charged with hearing the collective labor disputes, which the national labor arbitration court used to deal with earlier. Certain functions will be transferred to oblast administrations, the Minsk City Executive Committee, the State Labor Inspection Department of the Labor and Social Protection Ministry, noted the press service.
In line with the decree the existing stages involved in hearing collective labor disputes will be preserved. A conciliation board will be the first phase followed by the involvement of a mediator or a labor arbitration court.
Labor arbitration courts will have to be created through an agreement between the employer (employers, associations of employers) and employees represented by temporary delegate bodies established to deal with a collective labor dispute. The number of members and who the members of a labor arbitration court should be, the procedure for hearing collective labor disputes, rules to make decisions will be determined through mutual consent of the parties at dispute unless legally specified otherwise. The employer will have to notify the State Labor Inspection Department of the Labor and Social Protection Ministry about the establishment of a labor arbitration court within three days.
The decree specifies the types of collective labor disputes, for which a labor arbitration court can pronounce binding rulings, with the parties at dispute granted the right to appeal to a court of law for enforcing a ruling or appealing against a ruling.
Apart from that, the decree specifies requirements for persons eligible to be industrial arbitrators in a labor arbitration court. The requirements include a university degree in law or economics, a service record of at least five years. The decree also specifies rights and obligations of industrial arbitrators, the procedure for relieving such persons from having to work for the duration of a collective labor dispute.
The lists of the people eligible to be industrial arbitrators will be compiled by oblast administrations and the Minsk City Executive Committee taking into account proposals of government agencies, employers, delegate bodies of workers, with consent of the nominated industrial arbitrators.
The decree comes into force on the official publication date.
The document regulates further operation of labor arbitration courts, which are created to deal with collective labor disputes, as well as procedures and conditions of the operation of labor arbitration courts.
Following the dissolution of the national labor arbitration court the authority of labor arbitration courts will be expanded. They will be charged with hearing the collective labor disputes, which the national labor arbitration court used to deal with earlier. Certain functions will be transferred to oblast administrations, the Minsk City Executive Committee, the State Labor Inspection Department of the Labor and Social Protection Ministry, noted the press service.
In line with the decree the existing stages involved in hearing collective labor disputes will be preserved. A conciliation board will be the first phase followed by the involvement of a mediator or a labor arbitration court.
Labor arbitration courts will have to be created through an agreement between the employer (employers, associations of employers) and employees represented by temporary delegate bodies established to deal with a collective labor dispute. The number of members and who the members of a labor arbitration court should be, the procedure for hearing collective labor disputes, rules to make decisions will be determined through mutual consent of the parties at dispute unless legally specified otherwise. The employer will have to notify the State Labor Inspection Department of the Labor and Social Protection Ministry about the establishment of a labor arbitration court within three days.
The decree specifies the types of collective labor disputes, for which a labor arbitration court can pronounce binding rulings, with the parties at dispute granted the right to appeal to a court of law for enforcing a ruling or appealing against a ruling.
Apart from that, the decree specifies requirements for persons eligible to be industrial arbitrators in a labor arbitration court. The requirements include a university degree in law or economics, a service record of at least five years. The decree also specifies rights and obligations of industrial arbitrators, the procedure for relieving such persons from having to work for the duration of a collective labor dispute.
The lists of the people eligible to be industrial arbitrators will be compiled by oblast administrations and the Minsk City Executive Committee taking into account proposals of government agencies, employers, delegate bodies of workers, with consent of the nominated industrial arbitrators.
The decree comes into force on the official publication date.