Labour disputes and how they are resolved
A labour dispute is a disagreement between employee and employer on issues such as working conditions, pay, dismissal or a disciplinary penalty. It may be individual (with one employee) or collective (with a group of employees). First an attempt is made to settle it by negotiation. An individual labour dispute is considered by the labour disputes commission set up at the workplace (if there is one) or by a court; the employee may also go directly to court in the manner set by law, and if the employee disagrees with the commission’s decision, the case is heard in court; an employee who was dismissed unlawfully may be reinstated, receive the pay lost through forced absence and have the harm compensated. Time limits for going to court are set by law and are short, especially in dismissal disputes, so it matters not to delay. In labour disputes the employee is exempt from state duty. For collective disputes the procedure includes conciliation, labour arbitration and, in cases the law allows, a strike. An employee’s rights are protected by the trade union, the state labour inspectorate, the prosecutor’s office and the court. A minor employee may protect rights together with a parent or representative.
Role-play “Labour dispute”: employee, employer, trade-union representative and judge. The dispute is an unlawful dismissal (invented names). The class goes through negotiation, writing an application and the court stages in order.