The Act on Collective Bargaining

Transcription

1 The Act on Collective Bargaining Slovak Republic - Slovakia The full wording of the Act No. 2/1991, Collection of Laws on Collective Bargaining, as amended by the Act No. 519/1991, Coll., the Act No. 54/1996, Coll., the Act No. 209/2001, Coll., the Act No. 551/2003, Coll., the Act No. 553/2003, Coll., the Act No. 585/2004, Coll., the Act No. 103/2007, Coll., the Act No. 328//2007, Coll., the Act No. 555/2007, Coll., the Act No. 400/2009, Coll. and the Act No. 564/2009, Coll. The Act on Collective Bargaining The Federal Assembly of the Czech and Slovak Federal Republic* has enacted following act: 1 Introductory provisions (1) The act regulates collective bargaining between the respective trade union bodies of trade union organizations and employers, in an effort to conclude collective agreements. (2) The scope of any participation of the state in the collective bargaining is stipulated by this Act. Collective agreements 2 (1) Collective agreements 1) regulate individual and collective relations between the employers and the employees and the rights and duties of the contractual parties. * Note: The Slovak Republic was established on January 1, 1993 in the constitutional, democratic and peaceful way as one of two successor states of the former Czech and Slovak Federal Republic, based upon the Constitutional Statue (Act) No. 542/1992, Coll. on the Dissolution of the Czech and Slovak Federal Republic adopted by 3/5 majority of deputies of that time Parliament - Federal Assembly of the Czech and Slovak Federal Republic on November 25, In accordance with Article 152 paragraph 1 of the Constitution of the Slovak Republic (Constitutional Statue /Act/ No. 460/1992, Coll. as amended by later constitutional acts) - The constitutional acts (statues), laws and other generally binding legal regulations shall remain in force in the Slovak Republic unless they are in contradiction with this Constitution. They can be amended and repealed by the appropriate authorities of the Slovak Republic.

2 (2) Collective agreements can be concluded by the respective trade union bodies and employers, alternatively their organizations 2a). (3) The collective agreement is (a) company collective agreement, concluded between the respective trade union body and the employer who is also a service office, (b) collective agreement of a higher degree, concluded for a major number of employers between the respective higher trade union body and the organisation or organisations of employers, (c) collective agreement of a higher degree, concluded between the respective higher trade union body and the employer who is the state. (d) collective agreement of a higher degree, concluded for employers who, as regards remuneration, proceed in compliance with separate regulation 2b) between the respective higher trade union body, representatives authorised by the government and representative employers proxies. 3 On behalf of the contractual party ( 2, paragraph 2), a collective agreement can be negotiated and concluded by (a) a representative of the respective trade union body, whose authorization is implied in the trade union statutes or, alternatively, in internal provisions of the respective trade union body, (b) statutory body 3) or another authorized representative of the employer organization, 1) 231 of the Labour Code the Act No. 311/2001, Coll. as amended by later regulations (hereinafter referred to as Labour Code ). 2a) The Act No. 83/1990, Coll. on Association of Citizens as amended by later regulations. 2b) 1 of Act No. 553/2003, Coll. on the Remuneration of Certain Employees at Performing of Work in Public Interest and on amending and supplementing certain acts. 3) 9 of the Labour Code. 1

3 (c) natural person who within his/her business activity employs 4) employees, (d) a representative of the respective employers organization whose authorization to conclude collective agreement is implied in the internal provisions of the organization, (e) a representative authorised by the government, when applying to a collective agreement of a higher degree pursuant to 2, paragraph 3, subparagraph c), (f) a representative authorised by the government, and representative employers proxies, when applying to a collective agreement of a higher degree pursuant to 2, paragraph 3, subparagraph d). Article 3a (1) Where several trade union organisations operate alongside one another at an employer, respective trade union bodies in concluding a collective agreement on behalf of the collective of employees, operating at the employer, may feature and act with legal consequences for all employees only jointly and in mutual agreement, unless they agree otherwise between themselves. If the trade union organisations do not agree on a procedure according to the first sentence, the employer is entitled to conclude a collective agreement with that trade union organisation having the largest number of members at the employer or with other trade union organisations the sum of whose members at the employer is greater than the number of members of the largest trade union organisation at the employer. (2) Where several trade union organisations operate alongside one another at an employer, respective higher trade union bodies may feature and act with legal consequences in concluding a collective agreement of a higher degree for all employees only jointly and in mutual agreement, unless they agree otherwise between themselves. Where the higher trade union bodies do not agree on a procedure according to the first sentence, the employers organisation shall be entitled to conclude a collective agreement of a higher degree with the respective higher trade union body of trade union organisations having the largest number of members at these employers or with the respective higher trade union bodies of other trade union organisations the sum of whose members at these employers is greater than the number 4) 2 of the Commercial Code. 2

4 of members of trade union organisations with the largest number of members at these employers. (3) Where the parties involved do not agree pursuant to paragraph 1 or 2, this shall constitute a dispute on determining the trade union organisation entitled to conclude a collective agreement. (4) A dispute on determining the trade union organisation entitled to conclude a collective agreement shall be solved by an arbitrator entered in the list of arbitrators, maintained by the Ministry of Labour, Social Affairs and the Family of the Slovak Republic (hereinafter referred to as the Ministry ) under this Act. Where the contracting parties do not agree on a particular arbitrator, the Ministry shall appoint an arbitrator at the request of either contracting party. (5) The arbitrator shall issue a document authorising the respective trade union organisation or respective trade union organisations to negotiate and conclude a collective agreement. Validity and the term of effectiveness of collective agreements 4 (1) Collective agreements are validated by being: a) concluded in writing, and endorsed on the same document by an authorized representative or authorized representatives of the respective trade union bodies, and by employers, alternatively by representatives of their organizations, b) accompanied by a list of employers on whose behalf they were concluded, where this concerns a collective agreement of a higher degree, other than a collective agreement of a higher degree pursuant to 2 paragraph 3 subparagraph d); the list of employers shall include 3

5 the trade name, registered office, identification number and the code of the employer s statistical economic classification. 4aa (2) The Collective agreement shall be invalid in the part which: a) contravenes generally binding legal regulations, b) regulates claims by employees to an extent smaller than done by the collective agreement of a higher degree. (3) A collective agreement of a higher degree shall contain a designation of the sector for which it is concluded, where this derives from the list of employers for whom it is concluded. The sector designation according to the first sentence is the statistical economic classification code according to a specific regulation 4aa and this at the division level or group level. 5 (1) A collective agreement shall be binding for the contractual parties. (2) A collective agreement shall also be binding for (a) employers associated in an employers organisation that has concluded a collective agreement of a higher degree, where the statistical economic classification code of these employers at the division level or group level is the same as the designation of the sector for which the collective agreement of a higher degree is concluded, and for those employers not bound by a different collective agreement of a higher degree, (b) employees on whose behalf the collective agreement has been concluded by the respective trade union body or the respective superior trade union body, 4aa Regulation of the European Parliament and of the Council (EC) No. 1893/2006 of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No. 3037/90 as well as certain EC regulations on specific statistical domains (OJ EU L 393, ) as amended by Regulation of the European Parliament and of the Council (EC) No. 259/2008 of 11 March 2008 (OJ EU L 97, ) 4

6 (c) a trade union body on whose behalf the collective agreement has been concluded by the respective superior trade union body. (3) A collective agreement of a higher degree shall be binding for employers in a sector to which the binding effect of this collective agreement of a higher degree has been extended by a generally binding legal regulation under 7 paragraph 1. (4) A collective agreement of a higher degree shall be binding also for an employer not associated in an employers organisation that has concluded a collective agreement of a higher degree, if the employer asks to accede to the collective agreement of a higher degree and the contracting parties consent to the accession. The contracting parties to the collective agreement of a higher degree shall notify the Ministry of the employer s accession to the collective agreement of a higher degree according to the first sentence not later than 15 days following the employer s accession to the collective agreement of a higher degree. The accession of an employer to the collective agreement of a higher degree on an application by the Ministry shall be notified in the Collection of Laws of the Slovak Republic. (5) The respective trade union body shall conclude the collective agreement also on behalf of employees who are not trade union members. (6) The respective trade union body shall acquaint employees with the contents of the collective agreement within 15 days from its conclusion at latest. (7) The contractual parties ( 2, paragraph 2) are obliged to retain the collective agreement and the relevant decision of the arbitrator for at least five years from termination of the period on which the collective agreement has been concluded. 6 (1) The collective agreement shall be concluded for a period explicitly specified therein. In case the period has not been specified, it shall be assumed that the collective 5

7 agreement shall cover a period of one year. The collective agreement of a higher degree pursuant to 2, paragraph 3, subparagraph c) and d) shall be concluded for one calendar year. (2) The collective agreement shall take effect on the first day of the period for which the agreement has been concluded and shall terminate after the period has elapsed, unless the period of effectiveness of some obligations in the collective agreement has been agreed upon differently. (3) The collective agreement of a higher degree pursuant to 2, paragraph 3, subparagraph c) shall enter into force simultaneously with the National Budget Act shall enter into effect. (4) When the collective agreement of a higher degree pursuant to 2, paragraph 3, subparagraph c) had not been concluded for the relevant calendar year, and when the period for which the company collective agreement had been concluded in the service office has lapsed, the effectiveness of that company collective agreement shall be prolonged until the collective agreement of a higher degree shall enter into force pursuant to 2, paragraph 3, subparagraph c). 7 (1) At the joint written proposal of the contracting parties to a collective agreement of a higher degree or at the written proposal of one contracting party to a collective agreement of a higher degree and under the conditions stipulated by this Act, the Ministry may by generally binding legal regulation extend the binding effect of a collective agreement of a higher degree to all employers in a sector in which the collective agreement of a higher degree is concluded; a subject-matter of proposal to extend the binding effect of a collective agreement of a higher degree may concern only some of the sectors for which the collective agreement of a higher degree has been concluded. A generally binding legal regulation pursuant to the first sentence shall be declared through the publication of its complete wording in the Collection of Laws of the Slovak Republic. 6

8 (2) The Ministry may extend the binding effect of a collective agreement of a higher degree only if the employers to whom applies the higher degree collective agreement whose binding effect it is proposed be extended employ in the sector to which it is proposed that the binding effect of the higher degree collective agreement to be extended a number of employees greater than that of employers associated in a different employers organisation that has concluded a different collective agreement of a higher degree in the same sector. (3) Fulfilment of the condition according to paragraph 2 shall be assessed as at the last day of the calendar quarter preceding the quarter in which the proposal for extending the binding effect of the collective agreement of a higher degree was submitted. (4) A written proposal to extend the binding effect of a collective agreement of a higher degree must be signed by the contracting party or contracting parties on the same instrument and it must contain a) the title of the collective agreement of a higher degree whose binding effect it is proposed be extended, b) the designation of the sector of the collective agreement of a higher degree to which it is proposed the binding effect of the collective agreement of a higher degree be extended, c) the number of employees covered by the collective agreement of a higher degree in the sector to which it is proposed that the binding effect of the collective agreement of a higher degree be extended. (5) In ascertaining data on the number of employees according to paragraph 4 subparagraph c) and data on the number of employees covered by a different collective agreement of a higher degree concluded by a different employers organisation in the same sector as that to which it is proposed the binding effect of the collective agreement of a higher degree be extended, the Ministry shall proceed according to a specific regulation. 4ab) If in accordance with the specific regulation 4ab) it is not possible to provide the Ministry data on the number of employees at an employer to which applies a collective agreement of a higher degree concluded in the sector to which it is proposed the binding effect of a collective agreement of a higher degree be extended, this employer shall be obliged at the Ministry s request to inform the Ministry of the number of its employees. 4ab) Act No. 540/2001 Coll. on State Statistics as amended by later regulations. 7

9 (6) If a proposal to extend the binding effect of a collective agreement of a higher degree does not fulfil the particulars stipulated in paragraph 4, the Ministry shall call on the contracting party or contracting parties to remove the shortcomings or to supplement the proposal within a set term. (7) A contracting party or contracting parties which submitted a proposal to extend the binding effect of collective agreement of a higher degree can withdraw this proposal within 15 days of its delivery. (8) A proposal to extend the binding effect of a collective agreement of a higher degree may be submitted to the Ministry at the latest six months prior to the expiry of the effect of the collective agreement of a higher degree. (9) The Ministry shall publish in the Commercial Journal a proposal to extend the binding effect of a collective agreement of a higher degree that on the basis of an assessment by the tripartite advisory committee pursuant to paragraph 10 fulfils the particulars stipulated in paragraph 4 and concurrently fulfils the conditions for extending the binding effect of a collective agreement of a higher degree according to this act. An employer in a sector to which it is proposed the binding effect of a collective agreement of a higher degree be extended, can make written objections to the proposal within the period of 30 days from the date of publication of the proposal to extend the binding effect of the collective agreement of a higher degree. (10) For discussing a proposal to extend the binding effect of a collective agreement of a higher degree and for assessing objections raised by employers regarding a proposal to extend the binding effect of a collective agreement on a higher degree according to paragraph 9 the Ministry shall establish a tripartite advisory committee for extending the binding effect of a collective agreement of a higher degree, in which representatives of trade union organisations and representatives of employers organisations shall be represented in equal number. 8

10 (11) If the contracting parties to a higher degree collective agreement whose binding effect has been extended, during the force and effect of this collective agreement of a higher degree agree on an amendment or supplement to it (hereinafter only an appendix ), the Ministry shall extend the binding effect of the appendix by a generally binding legal regulation pursuant to paragraph 1 without a proposal; paragraphs 9 and 10 shall apply to the extension of an appendix. (12) The extension of the binding effect of a collective agreement of a higher degree and appendix is effective as of the date when the generally binding legal regulation pursuant to paragraph 1 shall enter into effect. 7a A collective agreement of a higher degree extended by a generally binding legal regulation according to 7 paragraph 1 shall not apply to an employer a) to which the binding effect of a different collective agreement of a higher degree applies as at the effective date of the extension, b) that as at the effective date of the extension is in bankruptcy according to a specific regulation, 4ac) c) that as at the effective date of the extension is in liquidation, d) that employs fewer than 20 employees according to the average registered number of employees calculated for the calendar month preceding the calendar month in which the extension entered into effect, e) of whose employees more than 10% are person with health disability 4ad) as calculated from the average registered number of employees for the calendar month preceding the calendar month in which the extension entered into effect, 4ac) 3 paragraph 1 of Act No. 7/2005 Coll. on Bankruptcy and Restructuring and on the amendment of certain Acts. 4ad) 40 paragraph 8 of the Labour Code. 9

11 f) that has been afflicted by an extraordinary incident 4ae) the consequences of which persist as at the effective date of the extension, g) that as at the effective date of the extension has pursued business activity for a period shorter than 24 months, provided it is not the legal successor of a different employer. 8 Procedure at concluding collective agreements (1) Collective bargaining shall be initiated by submitting a written proposal to conclude a collective agreement by one of the contractual parties to the other contractual party. (2) It shall be the duty of the contractual party to respond in writing within 30 days at latest, unless agreed otherwise, to the other contractual party s proposal and to comment, in its response, on those parts of the proposal that have not been accepted. (3) It shall be the duty of the contractual parties to bargain and provide further requested collaboration, unless this goes counter to their legitimate interests. (4) It shall be the duty of the contractual parties to initiate bargaining aimed at concluding a new collective agreement at least 60 days before expiry of the current collective agreement. (5) The contractual parties may agree, in the collective agreement, on the possibility to amend the collective agreement and its extent; the procedure taken to amend it shall be identical to that adopted when concluding a collective agreement. 9 Deposition of collective agreements of a higher degree and of relevant decisions of arbitrators 4ae) 3 paragraph 2 of Act No. 42/1994 Coll. on Civil Defence of the Population as amended by later regulations. 10

12 (1) It shall be the duty of the contractual party on the part of the employers to deliver the collective agreement of a higher degree and relevant decision of the arbitrator to the Ministry for deposition within 15 days from the date of signature of the collective agreement of a higher degree, or within 15 days from the date of delivery of the decision of the arbitrator to the contractual parties. The contractual parties shall proceed identically in cases of amendment of the collective agreement. The contracting party is obliged to send to the Ministry the collective agreement of a higher degree and amendments to it also in electronic form within the term pursuant to the first sentence. (2) Deposition of the collective agreement of a higher degree concluded under 4, paragraph 1 shall be notified in the Collection of Laws of the Slovak Republic. Notifying in the Collection of Laws of the Slovak Republic shall be accomplished by request of the Ministry. (3) The Ministry is obliged, on request and for a fixed charge 4a), provide a copy of the collective agreement of a higher degree to the applicant. 10 Collective disputes Collective disputes, as defined by this act, are disputes regarding conclusion of the collective agreement and disputes regarding fulfilment of obligations of the collective agreement, not giving rise to claims to individual employees. 10a Selection of intermediaries and arbitrators and verification of their professional qualification 4a) Item 2 letter a) of the Act No. 145/1995, Coll. on Administrative Charges as amended by the later regulations. 11

13 (1) The Ministry selects intermediaries and arbitrators by request of a citizen of the Slovak Republic (hereinafter referred to as the citizen ) or by proposal of authorities of the state, scientific institutions, universities, representatives of employers and representatives of trade union bodies. (2) The citizen meeting the following conditions a) capacity to perform legal acts in full scope, b) permanent residence on the territory of the Slovak Republic, c) personal integrity, d) graduation at a university, e) professional competence, can be eligible as an intermediary or as an arbitrator. (3) For the purposes of this Act the citizen who was not lawfully condemned for a wilful criminal offence has personal integrity. The citizen supplies proof of personal integrity in the form of a clean extract from the Criminal Register 4b) issued three months earlier at most. (4) For the purposes of this Act the citizen possessing professional knowledge mainly in the field of labour law and in the social field, and possessing the necessary capacity of performing intermediating activities and arbitration activities is professionally competent. (5) The Ministry shall notify the selection of intermediaries and arbitrators and verification of their professional competence by publishing in the daily press the date of commencement of such selection and verification at least four weeks in advance. (6) The Ministry shall verify the professional competence of intermediaries and arbitrators in three-year intervals, and the Ministry shall draw up record the results of such verification. 4b) The Act No. 311/1999, Collection of Laws on the Criminal Register. 12

14 (7) The professional competence of intermediaries and arbitrators shall be verified by a selection commission appointed and recalled by the Minister of Labour, Social Affairs and Family of the Slovak Republic. The members of the selection commission are representatives of the state, representative of employees and representative of employers. (8) The Ministry shall register the intermediary in the list of intermediaries and register the arbitrator in the list of arbitrators for a three-year period; the Ministry shall give up a written certificate of registration to the intermediary and arbitrator, thereby entitling them to resolve collective disputes. (9) The list of intermediaries and the list of arbitrators contain the name and surname of the intermediary or of the arbitrator, their permanent address, position in employment and field of professional specialisation. (10) The Ministry shall publish the list of intermediaries and the list of arbitrators in the daily press, with copies of the list mailed to representative associations of employers and to representative associations of trade unions for information 4c. (11) The Ministry shall scratch out from the list of intermediaries or from the list of arbitrators the intermediary or the arbitrator a) who ceased to fulfil the conditions specified in paragraph 2, b) who requested accordingly, c) who died or is presumed dead, or d) who refused, without serious reasons, to carry out intermediary activities or arbitration activities. (12) The Ministry shall notify in writing the intermediary or arbitrator on their scratching out from the list of intermediaries or from the list of arbitrators, as well as representative associations of employers and representative associations of trade unions 4c). 4c) 3 of the Act No. 103/2007, Collection of Laws on Tripartite Consultations at the National Level and on the amendment of Certain Acts (Tripartite Act). 13

15 (13) The intermediary or arbitrator appointed by the Ministry to act in a specific dispute may, within seven days from appointment, notify the Ministry that he/she is prejudiced, in which case the Ministry shall appoint a different intermediary or arbitrator without undue delay. (14) Intermediary or arbitrator activities shall not be executed by proxy. Proceedings before an Intermediary 11 (1) The contractual parties may agree on an intermediary to resolve the collective dispute in accordance with 10. Proceedings before an intermediary shall begin on the day of receipt of the request for resolving dispute by an intermediary. (2) When the contractual parties fail to agree on an intermediary, the intermediary shall, by request of any of the contractual parties, be appointed by the Ministry from the list of intermediaries maintained by the Ministry. Proceedings before an intermediary began upon delivery of the decision appointing an intermediary. Such request may, in a dispute regarding the conclusion of a collective agreement, not be submitted before lapse of at least 60 days from submission of the written proposal to conclude the agreement. (3) The request to resolve the dispute pursuant to paragraph 2 shall specify the subject of the dispute and substantiate it with written documentation delivered in duplicate to the intermediary. (4) The contracting parties and intermediary are obliged to provide mutual cooperation. 12 (1) The intermediary shall prepare a written record of the proposed solution of the dispute before the intermediary within 15 days from the date receiving the request for 14

16 resolving dispute by an intermediary or as of the delivery date of the decision appointing an intermediary and the contractual parties shall be entitled to endorse the record, upon verification of its accuracy, without undue procrastination unless agreed otherwise with the contractual parties. The intermediary shall hand over the record to the contractual parties and to the Ministry in case of the intermediary having been appointed by the latter. (2) The written record pursuant to paragraph 1 shall contain the following a) identification of the contractual parties, b) description of the facts on which agreement could not be reached by the contractual parties, c) the proposed solution of the dispute and its substantiation, d) date of drawing up of the record, e) name, surname and signature of the intermediary. (3) Proceedings before the intermediary shall be deemed a failure unless the dispute has been settled within 30 days since the day receiving the request for resolving dispute by an intermediary or as of the delivery date of the decision appointing an intermediary, unless the contractual parties have agreed on a different period. (4) The costs of proceedings before the intermediary shall be halved and reimbursed by either party. Part of the costs of intermediation shall be made up especially of the intermediary remuneration and travel compensations according to a specific regulation. 4d) Provided the parties have been unable to agree with the intermediary on the remuneration, he/she shall be entitled to remuneration as stipulated by the implementary regulation. Proceedings before an Arbitrator 13 (1) If proceedings before an intermediary have failed, the contractual parties may agree to request an arbitrator to make a decision in the dispute. The proceedings before the 4d) Act No 283/2002 Coll. on Travel Expenses amended by later regulations. 15

17 arbitrator shall be deemed commenced on the date of acceptance of the request by the arbitrator. The arbitrator shall draw up a protocol of acceptance with the contractual parties of their request to resolve the dispute. (2) If the contractual parties have failed to agree according to paragraph 1 and if the dispute concerning conclusion of the collective agreement arose at a workplace where strike is forbidden, or a dispute concerning fulfilment of obligations arising from the collective agreement is involved, the arbitrator shall be appointed at the request of any of the contractual parties by the Ministry; proceedings before the arbitrator shall be deemed commenced by delivery of the decision to the arbitrator. The Ministry shall not appoint an arbitrator belonging to one of the contractual parties in the dispute. following (3) The request to resolve the dispute pursuant to paragraph 2 shall contain the a) precise specification of the subject of the dispute, substantiated by written documentation which shall be delivered in duplicate to the arbitrator, b) the position of the other contractual party. (4) The person having functioned as the intermediary shall not be eligible as the arbitrator in the same dispute. (5) The arbitrator shall inform the contractual parties in writing about the decision within 15 days since initiation of proceedings. The decision of the arbitrator shall contain the following a) identification of the contractual parties, b) description of the facts on which agreement could not be reached by the contractual parties, c) the arbitration award of the arbitrator and its substantiation, d) date of issue of the decision, e) name, surname and signature of the arbitrator. 16

18 (6) The agreement shall be considered concluded once the arbitrator's decision has been delivered to the parties in the dispute concerning conclusion of a collective agreement. (7) The costs of proceedings before arbitrators including of arbitrators remuneration and travel compensations according to a specific regulation 4d) shall be reimbursed by Ministry. 14 (1) The regional court shall repeal, at the request of a contractual party, the arbitrator s decision concerning fulfilment of obligations arising from the collective agreement if the decision is contrary to legal regulations or collective agreements ( 5). (2) Proposal to repeal the arbitrator s decision may be submitted by a contractual party within 15 days since it has been delivered. The competent court shall be the regional court situated in the same district as the party against which the proposal is directed. When making a decision, the regional court proceeds in compliance with provisions of the civil court order on judicial review of unlawfully administrative decisions by court; however, it shall always decide by resolution that cannot be appealed nor shall the proceedings be reinitiated. (3) If the arbitrator s decision has been repealed, the dispute shall be decided by the same arbitrator; provided at least one of the contractual parties does not agree with this, or if it is impossible for other reasons, the procedure as stipulated in 13, paragraph 2 shall be adopted. On new decision, the arbitrator shall be bound by the legal opinion of the court. (4) Provided a proposal to repeal the arbitrator s decision at court has not been submitted within the period specified in paragraph 2, or provided the proposal has been rejected by the court, or the proceedings have been stopped, the delivered arbitrator s decision shall enter into legal effect. 17

19 (5) The arbitrator s lawfully decision concerning fulfilment of obligations arising from the collective agreement can be executed by court 5). 15 The Ministry shall, in agreement with the Ministry of Finance of the Slovak Republic, stipulate by decree a) the amount of remuneration of the intermediary and the arbitrator, b) the amount and mode of reimbursement of the costs of proceedings before the arbitrator. Strike in a dispute on conclusion of a collective agreement 16 (1) Provided a collective agreement has not been concluded even after proceedings before the intermediary and the contractual parties have not requested a solution to the dispute through an arbitrator, strike may be declared as an extreme means in a dispute on conclusion of the collective agreement. (2) A strike shall be defined as a partial or complete interruption of work by the employees. (3) A solidarity strike shall be defined as a strike in support of requirements of employees on strike in a dispute on conclusion of another collective agreement. (4) A participant in strike throughout its duration shall be defined as an employee who has agreed with it; an employee who has joined at shall be regarded as a participant in strike since the day he/she has joined the strike. 5) The Act of the National Council of the Slovak Republic No. 233/1995 Coll. on Court Executors and Execution Activity (Execution Order) and on the Amendment of Certain Acts as amended by later regulations. 18

20 17 (1) A strike in a dispute on conclusion of a company collective agreement shall be declared and its commencement shall be decided by the respective trade union body, if the strike is approved by the absolute majority of the employer s employees who are participating in the strike ballot whom the collective agreement concerns to, provided that at least absolute majority of employees counted out of total employees participate in strike ballot. (2) A strike in a dispute on conclusion of a collective agreement of a higher degree shall be declared by the respective superior trade union body. The commencement of the strike shall be decided by the respective trade union body, if the strike is approved by the absolute majority of the employer s employees who are participating in strike ballot whom the collective agreement of a higher degree concerns to, provided that at least absolute majority of employees counted out of total employees participate in strike ballot. (3) A respective trade union body shall elaborate records of the results of the vote. (4) A respective trade union body shall collect and keep documentation related to the ballot records on strike for the period of three years. (5) Details on the preparation and process of strike ballot may be regulated in a strike order 5a) by the respective trade union body. A strike order may not be in contradiction with 5a) Article 3 of the International Labour Organization Convention concerning Freedom of Association and Protection of the Right to Organize No. 87, 1948 (Notification of the Federal Ministry for Foreign Affairs No. 489/1990, Coll. and point 28 of the Notification of the Ministry for Foreign Affairs of the Slovak Republic No.110/1997, Coll. on the Confirmation of Succession of the Slovak Republic into the Obligations of Relevant Multilateral Contractual Documents of the International Labour Organization, which are Deposited with the Director-General of the International Labour Office), Article 2 of the International Labour Organization Convention concerning the Application of the Principles of the Right to Organize and to Bargain Collectively No. 98, 1949 (Notification of the Federal Ministry for Foreign Affairs No. 470/1990, Coll. and point 33 of the Notification of the Ministry for Foreign Affairs of the Slovak Republic No. 110/1997, Coll.). 19

21 this Act and international treaties on economic and social rights binding for the Slovak Republic. 5b) (6) Employees stated in 20 paragraph 1 subparagraphs h), i) and k) and employees performing works for the employer on the basis of agreements on works performed outside employment relationship shall not be included in the total number of employees pursuant to paragraphs 1 and 2 and shall not participate in voting on a strike. (7) Provisions of paragraphs 1 to 6 shall also apply appropriately to the declaration of a solidarity strike and on its the commencement. (8) A respective trade union body shall notify an employer in writing at least three working days prior commencement the strike about a) date of commencement of the strike, b) reasons and objectives of the strike, c) a list with names of representatives of the respective trade union body, authorized to represent participants in the strike. A respective trade union body notifies an employer in writing about the changes in the list pursuant to letter c). (9) A respective trade union body shall provide an employer with the information relating to strike, which it is aware of and which shall help an employer to introduce work plans at least two working days before the commencement of strike to ensure essential 5b) Article 8 paragraph 1 letter d), Article 8 paragraph 2 and 3 of the International Covenant on Economic, Social and Cultural Rights (Decree of the Minister for Foreign Affairs No. 120/1976, Coll.), Article 6 paragraph 4 of the European Social Charter (Notification of the Ministry for Foreign Affairs of the Slovak Republic No. 329/1998, Coll.), Article 3 of the International Labour Organization Convention concerning Freedom of Association and Protection of the Right to Organize No. 87, 1948 (Notification of the Federal Ministry for Foreign Affairs No. 489/1990, Coll. and point 28 of the Notification of the Ministry for Foreign Affairs of the Slovak Republic No. 110/1997, Coll., Article 2 of the International Labour Organization Convention concerning the Application of the Principles of the Right to Organize and to Bargain Collectively No. 98, 1949 (Notification of the Federal Ministry for Foreign Affairs No. 470/1990, Coll. and point 33 of the Notification of the Ministry for Foreign Affairs of the Slovak Republic No. 110/1997, Coll.). 20

22 activities and essential services during the strike; essential activities and essential services are such activities and services which in case of their interruption or stoppage shall endanger the life and health of employees or other persons and shall cause damage to machines, equipment and apparatuses the nature and purpose of which do not allow to interrupt or stop their operation during the strike. 18 (1) An employee may not be prevented to participate in the strike, nor may he/she be forced to participate in it. (2) Representatives of the respective trade union body, authorized to represent participants in the strike, must allow adequate and safe access by the employer to the workplace and may not prevent employees, wishing to work, from access to the workplace and departure from it, or to threaten them with detriment of any kind; they may only negotiate on the interruption of work with them. 19 (1) It shall be the duty of the respective trade union body that has decided to commence a strike, to provide the employer with the necessary collaboration throughout duration of the strike in securing protection of the equipment against damage, loss, destruction or misuse and in securing the necessary activities and operation of equipment whose character or purpose demands so with respect to the safety and protection of health, or the possibility of damage occurring to this equipment. (2) Employees performing work on securing the activities specified in paragraph 1, shall follow the instructions of the employer 3). 20 (1) Pursuant to this act, an illegal strike shall be defined as a strike a) not preceded by the proceedings before an intermediary ( 11 and 12); this shall not apply in the case of a solidarity strike ( 16, paragraph 3), 21

23 b) that has been declared or continues after following start of proceedings before an arbitrator ( 13 and 14) or following after conclusion of a collective agreement, c) that has not been declared or commenced under conditions specified in 17, d) declared or commenced for reasons other than those specified in 16, e) a solidarity one, provided the employer of participants in strike, especially with regard to economic continuity, cannot influence the course or result of the strike of employees, in the support of whose demands the solidarity strike has been declared, f) in case of military stand by of the state and in a period of emergency precautions 6), g) of employees of the health-care facilities or social services institutions, provided their participation in a strike might endanger the life or health of citizens, h) employees operating equipment of nuclear power stations, facilities with fissionable material and equipment of crude oil or gas pipelines, i) judges, prosecutors, members of the armed forces and armed corps, members and employees of fire fighting corps and rescue corps and employees in charge of air traffic control and operation, j) employees ensuring telecommunications operation and employees servicing and operating public water pipelines, provided their participation in a strike would jeopardise the life and health of citizens k) employees working in areas inflicted by natural disasters in which emergency precautions have been declared by the respective state bodies. (2) Illegal under this Act is also the strike of civil employees appointed as superiors, as of civil employees discharging service duties directly for protection of life and health, should their participation in the strike endanger the life or health of the population. 21 6) Articles 2 to 5 of Constitutional Act No. 227/2002 Coll. on State Security at a Time of War, State of War, Martial Law or State of Emergency as amended by later regulations. 22

24 The employer, alternatively the employers organizations or the prosecutor may submit a proposal to declare the strike illegal to the regional court situated in the same district as the respective trade union against which the proposal is directed; the proposal has not dilatory effect. In decision, the regional court shall proceed in compliance with provisions of the civil court procedure governing first degree proceedings. 22 Labour law claims (1) For the period of participation in a strike, the participant in strike shall not be entitled to wages or wage replacement. (2) Participation in strike in the period before the court s decision concerning the illegal status of the strike has taken legal effect shall be considered as authorized leave of absence. (3) Participation in strike after the court s decision concerning the illegal status of the strike has taken legal effect shall be considered as unauthorized leave of absence. (4) Employees not participating in the strike shall be enabled by the employer to perform work. The wage claims of employees who are unable, as the consequence of a strike, to perform their work or exercise activities pursuant to 19, shall be regulated by separate regulations 8). 23 Liability for damage (1) Under the Civil Code 9), a participant in strike shall be liable to the employer, or the employer shall be liable to the participant in strike, for damage due to an event in the 8) 54 and 142 of the Labour Code. 9) 420 and subsequent provisions of the Civil Code. 23

25 course of the strike. However, if the damage occurred as a result of pursuing the activities specified in 19, the liability shall be determined pursuant the Labour Code 10). (2) The participant in strike shall not be liable to the employer, and the employer shall not be liable to the participant in strike for damage caused exclusively by an interruption of work due to strike. (3) The trade union organization whose body decided on commencing the strike, shall be liable under the separate regulations 11) to the employer for damage that has occurred due to failure to provide the necessary collaboration under 19, paragraph 1. (4) If the court decided the strike was illegal, the trade union organization whose body declared the strike, would be liable, under the separate regulations 11), to the employer for the damage sustained by the employer as a result of the strike. 24 is deleted by the Act No. 555/2007, Coll. 25 In the course of a strike, the employer must not admit, as replacement of participants in strike, other citizens to their workplaces. 26 A strike shall be terminated if decided so by the trade union body declaring it or deciding on its launching. It shall be the duty of the respective trade union body to notify in writing the employer without undue delay about termination of the strike. Lock-out 10) 177 to 219 of the Labour Code. 11) 373 and subsequent provisions of the Commercial Code. 420 and subsequent provisions of the Civil Code. 24

26 27 (1) In case of failure to conclude a collective agreement even after proceedings before the intermediary and if the contractual parties have not sought solution of the dispute by the arbitrator, as an extreme means of solution of the dispute on conclusion of the collective agreement, lock-out may be declared. employer. (2) A lock-out shall be defined as partial or complete cessation of work by the (3) It shall be the duty of the employer to give at least a three working days notice in writing to the respective trade union body commencing about initiation of the lock-out, its extent, reasons, goals and providing a name list of employees involved in the lock-out. It shall also be duty of the employer to notify lock-out, within it same period of time, the employees involved. 28 Pursuant to this law, an illegal lock-out is one a) not preceded the proceeding before the intermediary ( 11 and 12), with the exception of lock-out in solidarity strike, b) that has been declared or continues after initiation the proceedings before the arbitrator ( 13 and 14) or after conclusion of a collective agreement, c) that has not been declared by the employer for reasons and under conditions specified in 27, d) in case of military stand by of the state and in time of emergency precautions, e) applying to employees of health-care facilities or institutions of social services, provided this might pose a threat to the life or health of citizens, f) applying to employees operating equipment of nuclear power plants, equipment with fissionable material and equipment of crude oil and gas pipelines, g) applying to judges, prosecutors, members of the armed forces and armed corps, members and employees of fire fighting corps and rescue corps and employees in charge of air traffic control and operation, 25

27 h) applying to employees ensuring telecommunications operation and employees servicing and operating public water pipelines, provided their lockout would jeopardise the life and health of citizens, i) applying to employees working in areas inflicted by natural disasters in which emergency precautions have been declared by the respective state bodies. 29 The respective trade union body, or the prosecutor, may submit a proposal to declare a lock-out illegal to the regional court situated in the same circuit as the respective employer against which the proposal is directed; delivery of the proposal has not dilatory effect. In decision, the regional court proceeds in compliance with provisions of the civil court order governing first degree proceedings. 30 (1) If the employee was unable to perform work as a result of lock-out, this shall be considered as an obstacle at work on the part of the employer. 16) Provided an illegal lock-out was not involved, the employee shall be entitled to wage replacement only to the tune half of the average earning. (2) Under the Civil Code 9), the employee involved in lock-out shall be liable for damage arising from an event occurring during the course of the lock-out to the employer, and the employer shall be liable to the employee involved in lock-out. The employee involved in the lock-out shall not be liable for damage caused exclusively by interruption of work due to lock-out, and the employer shall not be liable to the employee involved in the lock-out. 31 The lock-out shall be terminated, if decided so by the employer declaring the lock-out; information about lock-out termination shall be notified in writing without undue delay to the 16) 142 of the Labour Code. 26

28 respective trade union body. Information about lock-out termination shall likewise be notified to the employees involved in the lock-out. 32 Common and temporary provisions (1) For the purposes of this act, the respective trade union body (the respective superior trade union body) shall be defined as the trade union body entitled to act in legal relations on behalf of the respective trade union organization. (2) For the purposes of this act the civil employee performing civil service in civil employment relationship shall be deemed an employee. (3) Unless stipulated otherwise by this act, the labour law relations in this act shall be governed by the Labour Code. (4) Provisions of this act shall apply to collective agreements concluded before this act has entered into effect; the validity of these collective agreements shall expire on 30 June, 1991 at the latest, unless agreed otherwise by the parties. (5) The intermediary registered in the list of intermediaries, or the arbitrator registered in the list of arbitrators before the 1 st January 2002 shall be deemed an intermediary or arbitrator in accordance with this Act. 32a 4 of the Decree No. 179/1991, Collection of Laws by which Stipulating the Amount of Remuneration of the Intermediary and the Arbitrator, the Amount of Charge Payable for Provision of a Copy of the Higher Degree Collective Agreement, and the Amount and Mode of Reimbursement of the Costs of Proceedings Before the Arbitrator is repealed. 32b 27