KOLEKTIVNI RADNI SPOROVI: IZMEĐU SUDSKOG I MIRNOG RJEŠAVANJA SPOROVA
COLLECTIVE LABOUR DISPUTES: BETWEEN JUDICIAL AND PEACEFUL DISPUTE RESOLUTION

Summary/Abstract: The last few decades have seen a continuous increase in interest in the peaceful dispute resolution (or “alternative dispute resolution” – ADR) of labour disputes. The existence of an efficient and effective way of resolving disputes is of utmost importance for resolving collective labour disputes, since these play a specific role in the collective bargaining process, exercising the right to strike, and, ultimately, ensuring judicial protection of collective rights and interests. The manner of legal regulation of procedures for conducting mediation, conciliation and arbitration as peaceful methods of resolving disputes in this regard can play a key role in strengthening social dialogue. This is also evident in the standards of the International Labour Organization and the Council of Europe, which put conciliation and arbitration primarily in the function of achieving cooperation between social partners. The research will show that international and European standards are primarily directed towards regulating the issue of voluntary vs. compulsory conciliation and arbitration, and its potential limitation of the right to collective bargaining and collective action. The European Court of Human Rights has further considered in this regard the issue of limitations on the right to a fair trial under Article 6 of the European Convention on Human Rights. The paper will ultimately give an overview of the current legal regulation of alternative dispute resolution methods of collective labour disputes in labour legislation in Bosnia and Herzegovina, and the admissibility of existing models, in relation to the relevant interpretations of international and European standards on this issue.

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