Tashkent, Uzbekistan (UzDaily.com) -- A model provision on labor arbitration, acting on a permanent basis, has passed state registration with the Ministry of Justice (registration number 3449 dated 26.07.2023).
According to the Model Provision, a collective labor dispute (conflict) may be considered in labor arbitration in the following cases:
- if the parties cannot reach an agreement when considering a dispute with the participation of a mediator;
- in the event of the expiration of the period for the parties to reach an agreement on the candidacy of the mediator during the consideration of the dispute by the mediator;
- if the parties refuse to resolve the dispute with the participation of a mediator.
Labor arbitration consists of 7 arbitrators at the republican level, 5 - at the sectoral level and 3 - at the primary and territorial levels.
Arbitrators are formed from among the specialists of state bodies and other organizations. Arbitrators must have a higher education, as well as work experience of at least 3 years. When arbitrators are involved in the resolution of the conflict, they are released from their main work with the preservation of the average salary.
Before submitting an application to a labor arbitration, the parties enter into an agreement containing a condition on the obligatory execution of arbitration awards.
Labor arbitration considers the dispute in the following terms:
- at the primary and territorial levels - up to 5 working days;
- at the republican and sectoral levels - up to 10 working days.
Labor arbitration makes one of the following decisions on the dispute:
- on reaching an agreement between the parties in settling the dispute;
- on the refusal of one of the parties from the claim on the dispute;
- on the resolution of the dispute in favor of one of the parties.
The decision of the labor arbitration is considered binding on the parties.
Labor arbitration is a body operating on a permanent basis, which is created to resolve (settle) collective labor disputes between the parties in the absence of an agreement in the conciliation commission.