Motion for the Initiation of the procedure
The proceedings before the Republic Agency for Peaceful Settlement of Labour Disputes shall be initiated by the Motion for the Initiation of the Procedure that contains the information on the Proposer, information on the other party in the procedure and subject of dispute.
The Motion for the Initiation of the Procedure shall be filed to the Republic Agency for Peaceful Settlement of Labour Disputes personally, by post, via electronic mail or fax to a contact stated at the website homepage.
Upon the receipt, the Agency shall submit the Motion with accompanying letter and documents to the other party inviting it to declare within 5 working days, whether it accepts the Proposal.
If the other party accepts the Proposal, the procedure is initiated under the Decision. Parties to the dispute can select conciliator and arbiter from the Directory of conciliators and arbiters. If the parties are unable to agree on the conciliator or arbiter, the Agency Director shall appoint one.
In case that the other party in the procedure rejects the Proposal or fails to answer, the procedure shall be closed by the decision on closure of the procedure.
In individual disputes, the arbiter shall close the procedure by a Decision which shall be final, valid and binding (there is no possibility of appeal and it is binding upon both parties – it might be enforced). When the procedure is closed by the Decision of an arbiter, the parties have no right to initiate court proceedings on such basis, and the party that is not satisfied with the outcome, has the right to extraordinary judicial remedy in accordance with the Law.
In collective labour disputes, if an agreement is reached in connection with the subject matter of dispute, the Conciliation Panel (comprised of parties to the dispute and conciliator) shall adopt the Recommendation on dispute resolution. The conciliator, at the request of one of the parties, may gives the recommendation. The parties to the dispute may conclude an agreement on the settlement of the dispute on the basis of recommendations. If the subject matter of the dispute is collective agreement, the agreement becomes the basis for the conclusion, modification and/or amendment of the collective agreement
The only exception from the initiation of voluntary procedure is collective labour dispute in the activities for the common good, which are subject to the minimum work process in accordance with the law that regulates work stoppage. In such situations, the Director of the Republic Agency for Peaceful Settlement of Labour Disputes shall, ex officio, initiate the procedure.