2017/1.

  • Piera LOI:
    Mediation and Conciliation in Italian labour law

    The paper describes the Italian legislation on alternative dispute resolution in employment disputes, leaving aside the use of these techniques in industrial and collective disputes. We will start from the definitions of conciliation, mediation and arbitration, followed by a short description of these techniques. We will argue, that the limited use of mediation should be proposed in employment disputes.
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  • Felicia ROŞIORU:
    Labour dispute mediation in Romania: an alternative way?

    In Romania there is a relatively recent general tendency to promote alternative dispute resolution mechanisms. The most vivid promoters are some judges and certified mediators. This tendency to promote alternative dispute resolution mechanisms is more and more visible also for individual labour disputes, leading to a change of paradigm.
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  • Kübra Doğan YENISEY - Seda Ergüneş EMRAĞ:
    Mandatory mediation in labour law: A Draft Bill in Turkey

    In Turkey the Act on Mediation in Civil Law Disputes was enacted in 2012 and new institutions have been established. The parties of an employment relationship may now mediate voluntarily, however, the new Draft Bill on Labour Courts would introduce mandatory mediation as a condition of litigating in courts. The article will discuss, whether labour law disputes are appropriate for mandatory mediation in Turkey and evaluate the possible impacts of such a new labour law mediation regime deriving from the Draft Bill.
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  • Daria V. CHERNYAEVA:
    Mediation in employment dispute settlement in Russia

    Mediation is a rather new idea in Russian legislation, although similar procedures have been already used in employment law for decades. However, neither the current Law on Mediation takes into account the specificity of employment relations, nor the Labour Code recognizes mediation as a legitimate way of employment dispute settlement. Alternative dispute resolution is now widely discussed in academic papers and between practitioners. Some of the outcomes of this legislative lacuna and possible solutions suggested by leading employment law scholars are described in this paper.
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  • Sara HUNGLER:
    Freedom of services and trade unions: Could alliance be provided as a cross-border service?

    Provisions for freedom of services in TFEU have very limited potential to enhance genuine trade union activity on its own. If trade unions wish to provide collective bargaining and strike as a service, it is crucial to understand the socio-psychological background of collective actions, the motivation and the conditions of employees, which make them support a movement in a polarized environment. To be able to provide effective services and maintain members' commitment, trade unions must deliver results in a fragmented legal environment.
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  • Daniel Pérez del PRADO:
    What is a Labour Foundation? A Comparative Perspective

    This study aims to identify the main elements that define the very practical, but at the same time quite unknown, institution of "labour foundation", as the specific type of foundation related to labour issues. We consider the potential role of labour foundations in a modern society and today's labour market. We also analyse the main cases and basic features of labour foundations in the international arena.
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