Summary.
The law governs when a collective labor dispute proceeds to arbitration after conciliation and how a strike is suspended. It also sets the selection of an arbitrator when the State requests arbitration.
What it covers.
- Grounds for arbitration of collective disputes.
- Decisions and appeals concerning arbitration during a strike.
- Selection of an arbitrator when the State requests arbitration.
Who it applies to.
- Workers and employers in collective disputes.
- Private and public service companies involved in strikes.
- Labor authorities deciding on arbitration.
Key points.
- After conciliation ends, a collective dispute proceeds wholly or partly to arbitration if both parties agree or if the workers request it before or during a strike.Art. 1, Art. 452
- At a public service company, the Regional or General Labor Directorate (Dirección Regional o General de Trabajo) decides to submit a strike to arbitration after it begins; the decision is appealable and orders the strike’s immediate suspension.Art. 1, Art. 452
- The General Labor Directorate (Dirección General de Trabajo) also places a strike in arbitration if its duration seriously worsens the socioeconomic conditions of inhabitants of the region or country; the resolution must state its reasons and is appealable.Art. 1, Art. 452
- When the State requests arbitration, the arbitrator selected by the Ministry of Labor and Labor Development (Ministerio de Trabajo y Desarrollo Laboral) is chosen from a list prepared before the collective dispute begins.Art. 2, Art. 455
Validity and changes.
- Labor Code (Código de Trabajo)Art. 1: amends Article 452; Art. 2: adds a paragraph to Article 455