Sect. 44. Conciliation procedure. (1) If a dispute is reported to the Principal Secretary responsible for labour and he or she is satisfied that the dispute settlement procedures established in a collective agreement covering the parties to the dispute have been exhausted, unless all parties have consented to waive those procedures, the Principal Secretary responsible for labour or any person authorized by him or her to do so, shall endeavour to conciliate the parties, subject to subsection (2)
(2) Where one of the parties to the dispute is the Government, including any public authority or commercial enterprise in which the Government has a controlling interest, the parties shall agree upon a conciliator, who shall endeavour to conciliate the parties;
(2) Where the parties are not able to agree on a conciliator under subsection (2) within seven days of the dispute being report, the Industrial Relations Court shall, on the application of either party, designate an independent arbitrator.
(3) The conciliation under subsections (1) and (2) shall be completed within twenty-one days of the receipt of the report, unless the parties to the dispute agree to extend the time.
(4) A dispute shall be deemed to be unresolved if a party fails to attend or the parties fail to reach agreement on the settlement of the dispute within the time prescribed in subsection (4).
(5) Where a settlement of the dispute has been effected pursuant to this section, it shall be recorded in writing and signed by the parties and the conciliator or the arbitrator, as the case may be.
(6) The settlement agreement referred to in subsection (6) shall become binding on the parties on the date it is signed, unless the agreement states otherwise.
Sect. 47. Unresolved disputes. (1) If a dispute is unresolved and concerns -
(2) If a dispute is unresolved and concerns matters other than those referred to in subsection (1) -
(3) If there is a question as to whether an unresolved dispute is covered under subsection (1) or (2), either party or the Principal Secretary for labour may apply to the Industrial Relations Court for a determination.
(4) In an application under subsection (3), the Industrial Relations Court shall determine the question in a summary manner, whether or not by way of hearing witnesses.
(5) The decision of the Industrial Court shall be final.
Sect. 72. Costs. (1) Subject to subsection (2), the Industrial Relations Court shall not make any order as to costs.
The Industrial Court may make an order as to costs where a party fails to attend, without good cause, any conciliation meeting convened under the Act, or where the matter is vexations or frivolous.
[Malawi, Labour Relations Act, 1996]
Sect. 56. Conciliation procedure.
(1) Where a labour dispute has been reported to the Commission, or where the Commission has taken cognisance of the dispute on its own initiative and deems it to be appropriate, the Commission shall appoint a conciliator who shall endeavour to conciliate the dispute, subject to subsection (2), unless the parties have agreed to submit the dispute directly to mediation or arbitration, in which case sections 57 or 58 [concerning mediation and arbitration respectively] shall apply.
(2) Where a procedure provided for in a collective agreement applicable to the dispute has not been completed and the parties have not agreed on its waiver, the Commission shall require the parties to complete such procedure before commencing conciliation proceedings.
(3) The conciliation proceedings referred to in subsection (1) shall -
(a) be completed within 21 days of the receipt of the report, unless the parties agree to a longer period;
(b) in the case of a dispute of the kind referred to in section 54(a) [the interpretation or application of a contract of employment, a collective agreement or an arbitration award] be deemed to be completed at the end of 14 days of receipt of the report, fi the parties have not reached agreement and a party has applied to the Court for a determination of the dispute or the parties have agreed to refer the dispute to arbitration.
(4) Where the dispute has been resolved by agreement in the course of conciliation, the agreement shall be recorded in writing, signed by the parties and the conciliator and have the effect of a collective agreement.
(5) Where the parties have failed to reach agreement within the period prescribed by subsection (3) or such longer period as the parties have agreed, or a party fails to attend the conciliation proceedings, the dispute shall be deemed to be unresolved.
(6) Where a dispute is unresolved, the conciliator shall report to the Commission -
(a) the issues that have been resolved, if any;
(b) the issues that have not been resolved; and
(c) whether and in what manner, in his or her view, any party has not acted in good faith in the course of the proceedings.
Sect. 57. Mediation procedure.
(1) Where a labour dispute is unresolved on the completion of conciliation, the parties may agree to submit the dispute to mediation by the Commission or by a mediator or mediation panel of their choice.
(2) Where the dispute is submitted to mediation by the Commission, the Commission shall appoint a mediator or a mediation panel to mediate the dispute.
(3) The mediator or mediation panel referred to in subsections (1) and (2) shall issue its recommendation for the resolution of the dispute within 21 days of receipt of the request for mediation, or such longer period that the parties have agreed.
(4) The parties shall notify the Commission of their acceptance or rejection of the recommendations of the mediator or mediation panel within 14 days of receiving them.
(5) If the parties accept the recommendation of the mediator or mediation panel, their agreement shall be recorded in writing and shall have the effect of a collective agreement.
(6) Where the parties to a dispute have referred it directly to mediation without having previously referred it to conciliation and where they have not accepted the mediator's recommendations within 14 days of receipt of these recommendations, a party to the dispute shall refer the dispute to the Commission for conciliation, before exercising the rights set forth in section 59 [regarding strikes or lockouts]
[ILO draft provisions for a Member country]
Sect. 78. Resolved disputes. If the parties to any dispute resolve or settle such dispute, whether before or after the establishment of a conciliation board, the parties shall prepare a memorandum of agreement in which the terms and conditions upon which such dispute has been resolved or settled are set out, and either party to such agreement or such parties jointly may, if such party or parties so desire, submit a copy of such agreement to the Commissioner for registration mutatis mutandis in accordance with the provisions of this Act as if such agreement were a collective agreement.
Sect. 79. Unresolved disputes.
(1) If a conciliation board has failed to resolve or settle any dispute within the period determined in terms of section 75:
(a) in the case where the dispute in question is a dispute of rights:
(i) any party to such dispute other than a party who has refused or failed to take part in the proceedings of such conciliation board shall have the right to apply;
(ii) a party who has refused or failed to participate in any proceedings of such conciliation board may with the special permission of the Labour Court granted on good cause shown, apply; to the Labour Court in accordance with the provisions of Part IV for an order in terms of subsection (3) of this section;
(b) the parties to any dispute may, whether before or after the institution of any proceedings in the Labour Court in accordance with the provisions of Part IV, by mutual agreement refer the matter, subject to the provisions of subsection (4), to arbitration; or
(c) in the case where the dispute in question is a dispute of interests:
(i) in the case of any party referred to in subsection (2)(a)(ii), the parties shall, subject to the provisions of subsection (4), refer the matter to arbitration;
(ii) any party to such dispute shall, subject to the provisions of subsection (2), have the right to take action in accordance with the provisions of section 81 by way of strike or lock-out.
(2) (a) The provisions of paragraph (c)(ii) of subsection (1) shall not apply:
(i) to any party to a dispute:
(aa) which relates to a dispute of rights;
(bb) which has been referred to arbitration in terms of paragraph (b) of that subsection or in respect of which a decision has been given on arbitration in terms of subsection (4)(a);
(ii) to any party to a dispute who is involved, whether as employer or employee, in the rendering of any essential service to whomsoever which, if interrupted or continually interrupted, would endanger the life, health or personal safety of the whole or any part of the residents of Namibia or any part of Namibia;
(iii) to any party who has not complied with the provisions of section 81(1).
[Namibia, Labour Act, 1992]
Sect. 47. Reference to Dispute Settlement Board.
(1) Where the Minister receives a report under section 46(1), the Minister shall:
(a) where the request for referral to the Board is made by one party request the other party specified as the other party to the industrial dispute in the report to provide the Minister, within 15 days of the Minister's request, with the name of the person the other party recommends for appointment on the Board; and
(b) advise the parties to the dispute the date of the receipt of the report.
(2) The Minister shall, within seven days after the Dispute Settlement Board is constituted under section 48, refer the report to the Board which shall meet with all diligence for the purposes of this section.
...
Sect. 48. Dispute Settlement Board.
(1) A Dispute Settlement Board shall consist of a Chairman and two other members who shall all be appointed by the Minister.
(2) The two other members of the Board referred to in subsection (1) shall subject to subsection (3), be the two persons recommended by the parties to an industrial dispute as provided in sections 46 and 47.
(3) Where a party to a dispute fails to recommend a member to the Board in accordance with this Part, the Minister shall appoint that member of the Board not later than seven days from the last date when the recommendation should have been made.
(4) Except as it is otherwise provided under this Part, a Dispute Settlement Board shall regulate its own procedure.
[Seychelles, Industrial Relations Act, 1993]
Sect. 135.
(1) When a dispute has been referred to the Commission, the Commission must appoint a commissioner to attempt to resolve it through conciliation.
(2) The appointed commissioner must attempt to resolve the dispute through conciliation within 30 days of the date the Commission received the referral: However the parties may agree to extend the 30 day period.
(3) The commissioner must determine a process to attempt to resolve the dispute, which may include -
(a) mediating the dispute;
(b) conducting a fact-finding exercise; and
(c) making a recommendation to the parties, which may be in the form of an advisory arbitration award.
(4) In the conciliation proceedings a party to the dispute may appear in person or be represented by a co-employee or by a member, an office-bearer or official of that party's trade union or employers' organization and, if the party is a juristic person, by a director or an employee.
(5) At the end of the 30-day period or any further period agreed between the parties -
(a) the commissioner must issue a certificate stating whether or not the dispute has been resolved;
(b)the Commission must serve a copy of that certificate on each party to the dispute or the person who represented a party in the conciliation proceedings; and
(c) the commissioner must file the original of that certificate with the Commission.
(6)(a) If a dispute about a matter of mutual interest has been referred to the Commission and the parties to the dispute are engaged in an essential service then, despite subsection (1), the parties may consent within seven days of the date the Commission received the referral -
(i) to the appointment of a specific commissioner by the Commission to attempt to resolve the dispute through conciliation; and
(ii) to that commissioner's terms of reference.
(b) If the parties do not consent to either of those matters within the seven-day period, the Commission must as soon as possible -
(i) appoint a commissioner to attempt to resolve the dispute; and
(ii) determine the commissioner's terms of reference.
[South Africa, Labour Relations Act, 1995 (amended by the Labour Relations Amendment Act, 2002)]
Sect. 76. (1) Dispute to be referred to conciliator, board of conciliation or to Court. (1) Where a collective dispute arises and neither of the parties to the dispute is engaged in an essential service, either party to the dispute shall refer the dispute to:
(a) a conciliator appointed by the parties to the dispute; or
(b) a board of conciliation composed of:
(I) a conciliator appointed by the employer or an organization representing employers;
(ii) a conciliator appointed by the employees or an organization representing the employees; and
(iii) a conciliator appointed by the employer or the organization representing the employers and employees or the organization representing employees, who shall be the chairman.
(2) Where the parties to a collective dispute not engaged in an essential service fail to agree within a period of seven days from the date when the collective dispute arose on the appointment of a conciliator or of the chairman, they shall inform the Commissioner accordingly.
(3) The Commissioner on receipt of the information under subsection (2) shall request the Minister to appoint, within a period of seven days from the date of the request, a conciliator or chairman of the board of conciliation from a list of names submitted and agreed upon by the representatives of employees and the representatives of employers.
(4) The conciliator or the board of conciliation appointed under subsection (1) or subsection (3) shall, within seven days of his or its appointment, summon the parties to the collective dispute to a meeting and proceed to conciliate in the dispute.
(5) Any party to a collective dispute or any agent or representative who refuses or neglects without reasonable cause or excuse (the onus of proof shall lie on such party) to attend a meeting summoned by the conciliator or board of conciliation shall be guilty of an offence.
(6) Where a collective dispute arises and any of the parties to it are engaged in an essential service, the parties to the dispute shall refer the dispute to the Court.
(7) Any person who commits an offence under subsection (5) shall, upon conviction, be liable:
(a) in the case of a body corporate, to a fine not exceeding 50,000 kwacha;
(b) in any other case to a fine not exceeding 20,000 kwacha.
[Zambia, Industrial and Labour Relations Act, 1993, (No. 27 of 1993), as amended by the Industrial and Labour relations (Amendment) Act, 1997 (No. 30 of 1997)]
Mediation.
Sect. 11.
(1) The parties to a dispute may select a mediator by agreement.
(6) Where the parties fail to agree on a mediator, a mediator shall be appointed, on a proposal by either party, by the Ministry of Labour and Welfare of the Republic concerned. In a dispute relating to the conclusion of a collective agreement, such proposal may be submitted 60 days at the earliest after the written proposal for conclusion of the agreement was submitted.
(7) Mediation may be entrusted to any major citizen capable of performing legal acts or to a lawyer, provided that he is willing to undertake the assignment. In cases covered by the preceding subsection, the mediator shall be registered as such in the list of mediators kept by the Ministry of Labour and Welfare of the Republic concerned.
Sect. 12.
(1) The mediator shall send the parties a written proposal for the settlement of the dispute within 15 days of the date on which he is informed of the subject of the dispute.
(2) Mediation shall be deemed to have failed if the dispute is not settled within 30 days of the date on which the mediator was informed of the subject of the dispute, unless the parties agree on a different period.
(3) Mediation costs shall be halved and reimbursed by both parties. Part of the cost of mediation shall cover the mediator's fee. Where the parties fail to reach agreement with the mediator on the amount of the fee, he shall be entitled to remuneration as prescribed in the relevant procedural regulation.
[Czech Republic, Collective Bargaining Act, 1990]
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.
(2) During the mediation period, the mediator may request information and that data be provided to the extent that he considers necessary. In such a case, the deadline specified under subsection 194(3) shall be extended by the period specified for the provision of such data, but no more than five days.
(3) At the end of the conciliatory negotiations, the mediator shall produce a written report about the results of the conciliatory negotiations and the positions of the parties, and submit it to them.
[Hungary, Labour Code, 1992]
Art. 26.
(1) The mediation committee shall have the power to draft a proposal for settlement, present it to the parties concerned and recommend that it be accepted, as well as to publish the proposal for settlement together with a statement of the reasons therefor. If necessary, in such a case the mediation committee may request the cooperation of newspapers and radio stations in making these matters public.
(2) If the proposal for settlement presented under the preceding paragraph is accepted by both parties and thereafter disagreement arises over interpretation or implementation of the settlement, the party or parties concerned shall request the mediation committee to provide its views on such matter of interpretation or implementation.
(3) Within fifteen days from the date of a request under the preceding paragraph, the mediation committee shall provide its views on the requested matters of interpretation or implementation to the parties concerned.
(4) Until the views on interpretation or implementation have been presented in accordance with the preceding paragraph, neither of the parties concerned shall resort to acts of dispute; provided, however that this shall not apply in the event that the period provided for in the preceding paragraph has expired.
[Japan, Labour Relations Adjustment Law (Law No. 25 of 27 September 1946, as amended through Law No. 82 of 14 June 1988)]
[Individual disputes]
Sect. 238. Any individual labour dispute which occurs in an enterprise or establishment under the conditions envisaged above, before referral to the labour tribunal, shall necessarily be submitted to the labour inspector for an attempt to reach an agreed solution.
The competent labour inspector assigned to the case shall convoke the parties within the following two weeks and endeavour to conciliate them.
No person shall in any manner whatsoever hinder the conciliation or non-conciliation.
The failure of one or other of the parties to appear following two regular convocations shall signify the failure of the attempted conciliation.
Conciliation and non-conciliation shall be recorded in the report of the labour inspector signed by the parties or the party present.
Sect. 239. The record of the conciliation, in whole or in part, shall immediately be communicated by the labour inspector to the president of the labour tribunal who shall add the executory clauses.
The execution of the record shall then be pursued in same way as a judgement.
(…)
[Collective disputes]
Sect. 254. The competent labour service dealing with the case [of the collective dispute, under section 253] shall convoke the parties with a view to their conciliation.
Sect. 255. Following the attempted conciliation, the labour service shall establish forthwith a record of either the agreement or the partial or total disagreement of the parties. The latter shall sign the record and receive a copy thereof.
The conciliation agreement shall become executory for the parties on the day on which it is filed with the clerk of the competent tribunal. This agreement shall become effective, unless otherwise stipulated, as from the day of the notification of the dispute to the competent labour service.
Sect. 256. In the event of the failure of conciliation, the dispute shall necessarily be submitted within eight full days by the labour inspector or labour director to the arbitration board envisaged in the present Code.
[Bénin, Labour Code, 1998]
[Individual disputes:]
Sect. 81.2. The parties shall be bound to appear on the day and hour determined by the convocation of the inspector of labour and labour legislation and communicated by courier, by post with acknowledgement of receipt or by any other means affording equivalent guarantees.
If the party requesting the procedure does not appear or is not represented, she or he may not renew the request for an attempt to reach an agreed solution.
If the defendant does not appear or is not represented, the case shall be transmitted to the labour tribunal which shall, after examining the record of non-appearance drawn up by the inspector of labour and labour legislation, impose a civil fine, in accordance with section 100.6(2).
The judgement shall be printed and posted at the expense of the defendant who failed to appear.
Sect. 81. 3. The inspector of labour and labour legislation shall seek to conciliate the parties on the basis of the standards set out in the law, regulations, collective or workplace agreements and the individual contract of employment.
A settlement agreed to in the presence of the inspector of labour and labour legislation shall be definitive.
Sect. 81. 4. Any record relating to the attempt to reach an agreed settlement shall set forth the various items of the claim, including damages where appropriate.
In the event of total settlement, the record shall indicate, on the one hand, the points covered by the agreement between the parties and, where appropriate, the amounts agreed for each item of the claim and, on the other, the items of the claim which have been abandoned.
In the event of a partial settlement, the record shall also set forth the items of the claim on which agreement was not reached between the parties.
To be valid, the record must not contain any reference such as miscellaneous, in settlement of all claims or under all heads. Any clause having for effect the definitive ending of the dispute may only be mentioned in the record at the explicitly indicated will of the parties.
In the absence of an agreed settlement, the inspector of labour and labour legislation shall indicate in the record the reasons for the failure.
Sect. 81. 5. In the absence of payment immediately or within the deadline set out, and in the presence of the inspector of labour and labour legislation, of the sums agreed to in the negotiated settlement, the record shall be submitted in two copies by the most diligent party to the president of the labour tribunal under the competence of which it has been established. The latter shall add the executory clauses and file a copy in the records of the labour tribunal.
The execution shall be pursued in the same way as a judgement by the labour tribunal.
Sect. 81. 6. In the event of failure of the attempt to reach an agreed settlement, action may be taken before the labour tribunal under the conditions set out in section 81.16.”
(…)
[Collective disputes]
Sect. 82. 4. The parties to the dispute shall be bound to appear at all the convocations and dialogue and conciliation meetings organized by the competent authority.
(…)
Conciliation
Sect. 82. 6. Any collective dispute shall necessarily be submitted to the conciliation procedure under the conditions determined by decree. The decree shall indicate, among other matters, the maximum duration of the conciliation procedure.
Sect. 82. 7. In the event of the failure of the conciliation, the dispute shall be submitted:
either to the arbitration procedure determined by the agreement, if such exists under the terms of section 72.3(14) of the present Code;
or to the arbitration procedure envisaged in the following section, where the parties so agree;
or to the mediation procedure envisaged below.
(…)
Mediation
Sect. 82. 10. In the event that the parties failing to agree on the choice of arbitration procedure envisaged above within the period prescribed by section 82.4, the mediation procedure may be initiated by the most diligent party, which shall address for this purpose the authority designated by decree, which shall invite the parties to appoint a mediator within a maximum period of six days.
If the parties do not agree upon the appointment of a mediator, the latter shall be selected by the competent authority from the list of persons designated to discharge arbitration functions under section 82.8.
The mediator shall convoke the parties by registered letter with acknowledgement of receipt and, within a period of twelve working days which may be extended for a similar period with the agreement of the parties, shall draw up a reasoned report of her or his investigation. The conclusions of this report shall be drawn up in the form of a recommendation, a draft settlement of the points at issue.
The mediator shall have the same powers as the arbitrator envisaged in section 82.9 above.
However, where the mediator finds that the dispute turns upon the interpretation or violation of a provision of a law, regulation or agreement, she or he shall recommend that the parties refer the points at issue to the competent jurisdiction.
The report and recommendation of the mediator shall immediately be communicated to the inspector of labour and labour legislation, who shall transmit them to the parties within 48 hours as well as to the competent authority.
At the expiry of a period of four full days from the notification of the report and the recommendation of the mediator to the parties, if none of them have indicated their opposition, the recommendation, subject to the filing envisaged in section 82.12 below, shall acquire executory force.
To be valid, opposition shall be indicated within the time-limits indicated above by registered letter addressed to the inspector of labour and labour legislation. The acknowledgement of receipt shall act as proof of opposition.
In the event of opposition, the conclusions of the recommendation shall be made public.
[Côte d'Ivoire, Labour Code, 1995]
Part 1: General provisions
Sect. L523-1
Any collective labour dispute may be referred to conciliation procedures under the conditions set out below. Those which, for whatsoever reason, have not been referred to an agreed conciliation procedure determined by collective labour agreement, or by specific agreement, may be referred to a national or regional conciliation commission. Where the dispute arises on the occasion of the establishment, revision or renewal of a branch agreement or an occupational or inter-occupational agreement, the Minister responsible for labour or her or his representative may, upon the written and reasoned request of one of the parties or at her or his own initiative, directly initiate the mediation procedure under the conditions set out in Chapter IV below.
Sect. L523-2
National or regional conciliation commissions shall include representatives of the most representative organizations of employers and employees in equal numbers and representatives of the public authorities, the numbers of which may not exceed one-third of the members of the commission. Sections competent for departmental areas may be organized within regional commissions. Their composition shall correspond to that of regional commissions. Collective labour disputes in agriculture shall be referred under the same conditions to a national or regional agricultural conciliation commission, the composition of which shall be established in accordance with the rules set out in the two previous subparagraphs.
Art. L523-3
The parties shall be bound to provide full facilities to the members of the commissions to enable them to discharge their functions.
Sect. L523-4
The parties shall be bound to appear in person before the conciliation commissions or, in the event of serious hindrance, to be represented by a person empowered to negotiate and conclude a conciliation agreement. Any association party to the dispute shall appoint a duly mandated representative empowered to negotiate and conclude a conciliation agreement. Where one of the parties that has been duly convoked does not appear or is not represented under the conditions envisaged in the two previous subsections, the president shall convoke a new meeting which shall be held at the latest eight days after the first meeting.
Sect. L523-5
Upon completion of the meetings of the commission, the president shall draw up a report indicating the agreement, or total or partial disagreement of the parties, which shall be notified to them forthwith. The report shall indicate the points on which the parties have reached agreement, where appropriate, and those on which disagreement persists. The conciliation agreement shall be applicable under the conditions set out in section L522-3.
Sect. L523-6
In the event of the failure of the conciliation procedure, the dispute shall be referred either to the arbitration procedure envisaged in Chapter V of this Title, where the two parties so agree, or to the mediation procedure under the conditions set out in Chapter IV below.
Sect. L524-1
The mediation procedure may be initiated by the president of the conciliation commission who, in such case, shall invite the parties to designate a mediator within a set period with a view to facilitating the settlement of the collective dispute.
This procedure may also be initiated by the Minister responsible for labour upon the written and reasoned request of one of the parties or at her or his own initiative. Where the parties cannot agree upon the designation of a mediator, the latter shall be selected by the administrative authority from a list of eminent persons designated in view of their moral authority and their competence in economic and social matters.
Lists of mediators shall be drawn up after consultation and examination of the proposals made by the most representative occupational organizations of employers and employees at the national level to the “National Collective Bargaining Commission”.
Sect. L524-2
The mediator shall have broad powers to obtain information on the economic situation of enterprises and the situation of the workers concerned by the dispute. She or he may undertake any investigation of the enterprises and trade unions and require the parties to produce any document or information of an economic, accounting, financial, statistical or administrative nature which may be useful in the fulfilment of her or his mission.
The mediator may have recourse to the services of experts and, in general, of any qualified person capable of shedding light on the matter.
The parties shall submit to the mediator a report containing their observations. Each report shall be communicated by the party which drew it up to the adverse party.
Sect. L524-3
The mediator shall convoke the parties: the provisions of the first two subsections of section L523-4 shall be applicable to such convocations.
Sect. L524-4
After having endeavoured, where appropriate, to reconcile the parties, the mediator shall submit to them, in the form of a reasoned recommendation, proposals with a view to the settlement of the points at issue within one month of her or his appointment, which period may be extended with their agreement.
However, where the mediator finds that the dispute relates to the interpretation or violation of provisions of laws, regulations or agreements, she or he shall recommend to the parties that the dispute be submitted to the competent common law jurisdiction, or to the procedure envisaged in sections L525-1 and L525-2.
From the date of the receipt of the proposal for the settlement of the dispute submitted by the mediator to the parties, the latter may, during a period of eight days, notify the mediator by registered letter with acknowledgement of receipt that they reject the proposal. Reasons shall be given for such rejection. The mediator shall immediately inform the other organization or organizations parties to the dispute by registered letter of such rejection and the reasons given.
Following the period of eight days envisaged above, the mediator shall note the agreement or disagreement of the parties. Agreement on the mediator’s recommendation shall be binding upon the parties which have not rejected it, under the conditions set forth in Title III, Book I respecting collective labour agreements. It shall be applicable under the conditions set out in section L522-3.
Sect. L524-5
In the event of the failure of the attempted mediation and following the expiry of a period of 48 hours following the recording of the disagreement, the mediator shall transmit to the Minister responsible for labour the text of the reasoned and signed recommendation, accompanied by a report on the dispute and the reasons given by the parties to the mediator for the rejection.
The conclusions of the mediator’s recommendation and the rejections by the parties, as well as their reasons, shall be made public within a period of three months by the Minister responsible for labour.
The mediator’s report may be made public by decision of the Minister responsible for labour.
[France, Labour Code]
Section 674. The interested party in the solution of an economic conflict unsolvable using of direct convention will ask for the mediation of the Labor Secretary by means of a dated and signed statement including the following:
(1) The names, addresses and other details necessary for the identification
of the interested party, as well as the date and number of its registration
in the labor Department in case of a labor association, and the names, addresses
and other details necessary for the identification of the conflicting party;
(2) The work conditions whose acceptance or modification the interested party
expects and the reasons for this expectation;
(3) The reasons given by the conflicting party not to accept them.
The statement must include to it as many copies as necessary for its communication to the party or parties on whom the administrative action is claimed.
Section 675. During the subsequent forty eight hours after the acceptance
of the statement, the Labor Secretary will order the distribution of the copies
of the claim received with it and will name as a mediator one of the officers
or employees of his department or will offer his own mediation.
The designation of the mediator will be conveyed to the conflicting parties
in the same period stated in this section.
Section 676. The mediator, in the forty eight hours following his designation, will convene, by means of a telegram, the parties, so that they may be present at the appointed place, date and time. When the parties have in fact assembled, he will try to bring about a conciliation, acting, to this effect, according to sections 518, 519, and 520. The period between the summons and the meeting with the mediator will be of no less than three days and no more than five.
Section 677. The meeting is to take place at the offices of one of the companies in conflict, or in a place close to the workplace, at the good judgment of the mediator, except when a ruling by the Labor Secretary prevents it.
Section 678. In case of a conciliation, a record of the proceedings will be made, on which the agreements reached will be stated. If no conciliation is reached, or if the party on whose behalf the administrative intervention has been brought about fails to appear, the mediator will declare it if the interested party so wishes.
Section 679. The mediator will inform the Labor Secretary the result of his
efforts within three days of his last meeting with the parties. The non-appearance
without justifiable cause on any of the parts is to be considered and infraction.
When one of the legally convened parties fails to appear at a meeting, the
mediator will make a record of infraction according to section 439 of the Labor
Code, and forward it to the proper court through the Director of Mediation,
Conciliation and Arbitration.
[Dominican Republic, Labour Code, 1992]