Notification of industrial disputes. (1) As soon as an organization or an employer becomes aware of the existence of an alleged industrial dispute affecting the organization or its members or affecting the employer, as the case may be, the organization or employer shall notify the relevant Presidential Member or a Registrar.
[Australia, Workplace Relations Act 1996, Section 99]
Section 43. Reporting of disputes.
(1) Any dispute, whether existing or imminent, may be reported to the Principal Secretary responsible for labour by, or on behalf of, any of the parties to the dispute.
(2) Every party reporting a dispute shall send a copy of such report to the other party to the dispute.
(3) The Principal Secretary responsible for labour shall acknowledge in writing the receipt of any report within seven days.
[Malawi, Labour Relations Act, 1996]
Sect. 52. Reporting of labour disputes.
(1) Any labour dispute, whether existing or apprehended, may be reported to the Commission by or on behalf of any part to the dispute.
(2) Every report of a labour dispute to the Commission shall be in writing and specify -
(3) A copy of every such report shall be sent by the party reporting the dispute to the other party or parties to the dispute.
[ILO draft provision for a Member country]
Sect. 74. Reporting of disputes.
(1) Any person who is a party to any dispute may report such dispute by notice in writing under his or her hand to the Commissioner in such form as may be determined by the Commissioner, and shall submit a copy of such notice to all other parties involved in such dispute.
(2) A notice referred to in subsection (1) shall contain:
(a) the names and addresses of the parties to any such dispute;
(b) the subject-matter of the dispute and the facts and circumstances which gave rise to the dispute;
(c) if it is alleged that the dispute is a dispute of rights, the grounds on which it is so alleged;
(d) the steps, if any, which have been taken to resolve or settle such dispute;
and shall, if and when required by the Commissioner, be accompanied by copies of any collective agreement, contracts of employment or other documents which relate to such dispute.
[Namibia, Labour Act, 1992]
Sect. 134. Disputes about matters of mutual interest.
(1) Any party to a dispute about a matter of mutual interest may refer the dispute in writing to the Commission, if the parties to the dispute are-
(a) on the one side-
(i) one or more trade unions;
(ii) one or more employees; or 2 one or more trade unions and one or more employees; and
(b) on the other side
(i) one or more employers' organizations;
(ii) one or more employers; or
(iii) one or more employers' organizations and one or more employers.
(2) The party who refers the dispute to the Commission must satisfy it that a copy of the referral has been served on all the other parties to the dispute.
[South Africa, Labour Relations Act, 1995 (amended by the Labour Relations Amendment Act, 2002)]
Sect. 194.
(1) In the event of employment disputes (collective labour disputes) between the employer and the works council or the employer (employers' representative organization) and the trade union, conciliatory negotiations shall take place between the parties concerned.
(2) Conciliatory negotiations shall commence when a written statement of the opinion of the party initiating the negotiations is submitted to the other party.
(3) The measure giving rise to the dispute shall not be implemented during the conciliation period, which shall be for a maximum of seven days, and the parties shall refrain from any action that may jeopardise an agreement.
Sect. 195(1). In order to resolve the conflict, parties may resort to mediation by a person not involved in the conflict. A request for mediation shall be extended jointly by the parties involved in the conflict.
Sect. 196(1). Subject to their agreement, the parties may use an arbitrator to resolve their collective labour dispute.
[Hungary, Labour Code, 1992]
[Individual disputes:]
Sect. 238. Any individual labour dispute which arises within the enterprise or establishment under the conditions envisaged above [that is sect. 237], before any referral to the labour tribunal, shall necessarily be submitted to the labour inspector for an attempt to reach an agreed solution.
[Collective disputes:]
Sect. 253. Any collective dispute shall immediately be notified by the parties:
(1) to the labour inspector where the dispute is limited to the area covered
by a departmental labour inspectorate;
(2) to the director of labour where the dispute extends to the areas covered
by several departmental labour inspectorates.
[Bénin, Labour Code, l998]
[Individual disputes]
Sect. 81. 1. Any worker or employer may request the inspector of labour and labour legislation, her or his delegate or legal substitute to endeavour to achieve a settlement to the individual dispute by agreement between the parties. In such case, the defendant shall be bound to comply with this attempt.
[Collective disputes]
Sect. 82. 3. To be valid, the strike notice [treated by the Code as a collective dispute] shall be notified in writing to the competent authority of the labour administration. Such notification shall include the reasons and claims made by the employees issuing the strike notification, who may be assisted by trade union organizations.
Once the strike notice has been notified to the competent authority, the latter shall take the initiative of undertaking negotiations with the parties to the dispute.
[Côte d'Ivoire, Labour Code, 1995]