Resolving Labour Disputes by Arbitration Council 2018

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Registered Case Trend

The figure below shows the number of cases registered at the AC from January 2016 through December 2018.

Figure 1. Trend of cases registered  for the period  2016 to 2018

Figure 1 indicates a remarkable change in the trend of collective labour dispute cases registered at the AC for the period of 2016 to 2018. [Since the AC’s inception in 2003, the number of cases registered monthly stood at 20 on an average. The inclusion of this sentence is confusing since your graph starts in 2016, the first 8 months of which showed an average of almost 27 cases per month.  If you want to include information about the average since inception, you should have a graph showing the numbers from 2003, which would also show a pretty steady increase until the Trade Union Law came in (I think).]  The number  plummeted sharply to about five cases per month after the Trade Union Law  became fully effective in September 2016. This decrease  continued  until the end of 2018 when there was a jump to 13 cases in December.

Two Ways in Resolving Disputes

The ACF continues monitoring the development of industrial relations (IR) in general as well as cases registered with the AC in order to seek appropriate solutions to encountered challenges.  This was done in part through close cooperation with the Ministry of Labour and Vocational Training (MoLVT) and other key stakeholders.

Disputes are settled at the AC through conciliation and arbitration. Conciliation addresses about 25% of registered cases; the rest are resolved by arbitral awards. Conciliation is conducted on the set hearing date that had been scheduled within a week after the arbitral panel was formed. Resolution through an arbitration  award after a hearing requires significant time for comprehensive research, law analysis, and award writing. As a result, the average time to settle a dispute at the AC was 22 days in 2018.

Figure 2. Rate of Resolution of Registered Case in 2018

Issues Resolved by the AC

The AC has a role in resolving only those collective labor disputes specified in a non-conciliation report issued by  a conciliator designated by the MoLVT (Article 312 of the Labour Law, 1997). Of the many different issues settled at the Arbitration Council, the top twelve  are shown in the table below

Figure 3. Top Twelve Issues Brought to AC in 2018