COLLECTIVE LABOR DISPUTES: DOCTRINAL APPROACHES AND CURRENT CHALLENGES
COLLECTIVE LABOR DISPUTES: DOCTRINAL APPROACHES AND CURRENT CHALLENGES

Summary/Abstract: We speak of collective labor disputes when they involve a group of employees – whether salaried workers or public servants – and an employer; or; as the case may be; a group of employers. Such disputes can only arise in the context of collective bargaining (during the initiation; conduct; or conclusion of negotiations for collective labor contracts/agreements); as well as in cases where individual rights (belonging to employees) collectively recognized by applicable collective agreements are denied; provided that litigation has been initiated in court on this matter. Mediation and arbitration are amicable means for the swift resolution of collective labor disputes and for preventing strikes. They are mandatory only if the parties have agreed to this either before the outbreak of a strike or during its course.

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