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1
Zamroni, Mohammad. "MISCONCEPTIONS ON THE CONCEPT OF MEDIATION AND CONCILIATION IN THE ACT ON INDUSTRIAL RELATIONS DISPUTES SETTLEMENT." Yustisia Jurnal Hukum 10, no. 2 (August 28, 2021): 240. http://dx.doi.org/10.20961/yustisia.v10i2.48667.
Анотація:
<em>Mediation and conciliation are alternatives with varying characteristics acting as a third-party figure in settling disputes in industrial relations. These alternatives are perceived as the same in Act Number 2 of 2004 on Industrial Relations Disputes Settlement. It leads to conceptual errors and causes mistakes in formulating the mediator and conciliator's authority. Therefore, this study analyzed the concepts of mediation and conciliation as regulated in Act Number 2 of 2004 on Industrial Relations Disputes Settlement. This is a normative legal research carried out with the statutory, conceptual, and comparative law approaches. The result showed that the concept of mediation and conciliation formulated in the Act Number 2 of 2004 on Industrial Relations Disputes Settlement deviates from the basic concepts of the mediator and conciliator to make written recommendations. Conceptually, the mediator and conciliator are facilitators incapable and capable of making written recommendations, respectively</em>
2
Yusticia, Aprilina Rahmah. "HUKUM ANJURAN TERTULIS MEDIATOR DALAM PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL (pasca Putusan Mahkamah Konstitusi No. 68/PUU-XIII/2015)." Legal Standing : Jurnal Ilmu Hukum 7, no. 1 (October 26, 2022): 23–31. http://dx.doi.org/10.24269/ls.v7i1.5570.
Анотація:
This study aims to analyze how the legal force of written recommendations on settling industrial relations disputes was issued by mediators after the Constitutional Court Decision Number: 68/PUU-XIII/2015. The type of research used in this research is normative research or doctrinal research. And the approach used to answer the problem is the Legislative Approach (Statute Approach). This research is motivated by the application of Judicial Review by several workers to the Constitutional Court on the word 'recommendation' in Article 13 paragraph (2) letter a and Article 23 paragraph (2) letter an of Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes. The results of this study indicate that the settlement of industrial relations disputes through mediation is mandatory, starting from the decision of Constitutional Court Number: 68/PUU-XIII/2015. Written recommendations are seen as part of industrial relations dispute settlement minutes. The Petitioner's application for the word "as a form of settlement agreement through mediation or conciliation" was changed by the Court to "in the form of minutes of settlement through mediation or conciliation".
3
Jumiati, Agatha, and Dahlia Dahlia. "DISPUTE SOLVING IN INDUSTRIAL RELATIONS BASED ON ACT NUMBER 2 YEAR 2004." Wacana Hukum 27, no. 1 (February 28, 2021): 84–92. http://dx.doi.org/10.33061/1.wh.2021.27.1.3990.
Анотація:
Industrial relations dispute solving that managed in Act
No.2 Year 2004 On Industrial Relations Dispute Solvingcan be
solved by bipartite negotiation, conciliation, arbitration,
mediation, and industrial relations dispute court. The principle
of this matter is by putting negotiation first prior to other ways.
As managed in Act No.2 Year 2004On Industrial Relations Dispute
Solving everyone concerned are supposed to solve it in fast, fair,
and cheap ways.
4
Dananjaya, Nyoman Satyayudha, Longtan SHI, Kadek Agus Sudiarawan, Putu Ade Harriestha Martana, and Made Shannon Tjung. "INDUSTRIAL RELATION PROBLEMATICS DURING THE COVID-19 PANDEMIC: ASSESSING THE EFFECTIVENESS OF MEDIATION AS DISPUTE SETTLEMENT PROCESS." Jurnal Bina Mulia Hukum 7, no. 1 (September 30, 2022): 127–41. http://dx.doi.org/10.23920/jbmh.v7i1.1071.
Анотація:
The failure to produce a peace agreement as an implementation of the bipartite process open up opportunity for the parties to resolve their disputes by the tripartite stage. At this stage, although the parties are given the opportunity to choose the settlement model used either through arbitration, conciliation or mediation, in general, the parties have a tendency to choose the settlement model through mediation facilitated by the Manpower Office based on process efficiency. The purpose of this study is to identify and determine the characteristics of industrial relations disputes that occur in the tourism sector during the Covid-19 pandemic, to identify and find out the obstacles that occur in the implementation of industrial relations dispute mediation in the tourism sector during the Covid-19 pandemic, to measure and analyze how effective mediation is in resolving industrial relations disputes in the tourism sector during the Covid-19 pandemic besides to find and formulate efforts that can be made to strengthen the position of mediation as an alternative dispute resolution in industrial relations. The method used in this study is an empirical legal research method with a conceptual approach and a case approach.
5
Remen, Omon, Endeh Suhartini, and Ani Yumarni. "DISPUTE SETTLEMENT OF INDUSTRIAL RELATION OF PT. HAENGNAM SEJAHTERA INDONESIA IN THE MEDIATION STEP OF DINAS TENAGA KERJA OF KABUPATEN BOGOR." DE RECHTSSTAAT 4, no. 1 (March 1, 2018): 63–79. http://dx.doi.org/10.30997/jhd.v4i1.1240.
Анотація:
Importance of law development Indonesia especially about law of labor will bring a positive issue for industriaI people. Industry as a one of economic center should have regulation to resolve conflict happens within production process. This research is to know the solution of industrial relation conflict which is done by labor union, based on Law No. 2 of 2004 about Industrial Relation Dispute Settlement, to advocate dispute The method for this research is by using normative empirical approach towards Laws and regulation, or literatures and field study to one of the private companies in Kabupaten Bogor. Conclusion of this research is that procedures to settle the dispute of industrial relation done by labor union in accordance with Law No 21 Tahun 2004 are: 1) Bipartite negotiation. 2) Authorized institution of manpower (mediation, conciliation, and (arbitration). 3). Industrial Relation Courts
6
Jumiati, Agatha, Waluyo S Pradoto, and Hanindito B R. "Implementasi UU Nomor 2 Tahun 2004 dalam Menyelesaikan Perselisihan Hubungan Industrial." Mitra Abdimas: Jurnal Pengabdian kepada Masyarakat 1, no. 2 (January 13, 2022): 58–64. http://dx.doi.org/10.57251/mabdimas.v1i2.195.
Анотація:
In a work environment or company where disputes are unavoidable. Disputes that occur within the company are known as labor disputes or industrial relations disputes. A labor dispute is a conflict between an employer or an association of employers and a labor union or a combination of labor unions in connection with the absence of a conflicting understanding of the working relationship, working conditions and/or labor conditions. Law Number 2 of 2004 has provided stipulations on measures that can be taken to resolve industrial relations disputes through bipartite negotiations, mediation, conciliation, arbitration and through proceedings at the Industrial Relations Court.
7
Adekola, Adetola Adeniyi, Busuyi Francis Olowo, and Olugbenga Timothy Ajadi. "ACADEMIC STAFF UNION VERSUS GOVERNMENT NEGOTIATION STRATEGIES: A VERITABLE TOOL FOR SUSTAINING INDUSTRIAL HARMONY IN ONDO STATE SECONDARY SCHOOLS, NIGERIA." IJIET (International Journal of Indonesian Education and Teaching) 5, no. 1 (January 27, 2021): 71–82. http://dx.doi.org/10.24071/ijiet.v5i1.2760.
Анотація:
The study assessed negotiation strategies adopted by ASUSS and government for sustaining industrial harmony in Ondo State secondary school, Nigeria. The study adopted the survey research design using quantitative approach. The population for the study comprised 300 Principals, 600 Vice-Principals and 13,000 teachers from the 300 secondary schools in Ondo State. The sample was made up of 1500 respondents which comprised 90 principals, 180 vice-principals and 1,230 teachers using multistage sampling procedure. An instrument was use to gather data. The data collected were analysed using descriptive statistics. The findings of the study established that the causes of industrial disharmony between ASUSS and Ondo State Government were inadequate teaching and infrastructural materials (96.1%), unfavourable salary structure applicable in the State (97.3%), undue interference of government in union leadership and Government non-implementation of concluded agreements between ASUSS and Ondo State Government (93%). The findings also showed that the causes of the industrial disharmony have made ASUSS and Ondo State Government to have frequent disharmony annually (76.9%), every five years (76.7%), and biennially (76.7%). The results also indicated that the various negotiation strategies that have been adopted by ASUSS and government which include mediation (88.10%), conciliation (62.20%), arbitration (53.6%), formal Inquiry (99%) and reference to the National Industrial Court (99.10%). The results equally showed that the most effective strategies that frequently used in enhancing industrial harmony were board of inquiry (52%) and collective agreement (93,7%). The study concluded that mediation, conciliation, arbitration, formal inquiry and reference to the National Industrial Court were the ASUSS and Ondo State Government negotiation strategies as a means of ensuring industrial harmony in Ondo State secondary schools
8
Yasinskaya-Kazachenko, Angelica V. "Quasi judicial institutions in the civilization space for labor dispute resolution." Russian Journal of Labour & Law 12 (2022): 205–21. http://dx.doi.org/10.21638/spbu32.2022.116.
Анотація:
This article examines conciliatory forms of proceedings for complaints and disputes related to the application of labor legislation or conditions of certain contracts that echo the past and modern period of extrajudicial forms; it also emphasizes that the period of the new economic policy was due to the phenomenon of rationalization and individualization of consciousness. The normative base of the conciliation and intermediary institutions of the early Soviet period is analyzed, and the competence of the assessment and conflict commissions is shown. The first norms of labor legislation emphasized democracy and attention to the literal mathematical equality of the parties during procedures for resolving conflicts and resolving cases, which has reference to the classical judicial principles of openness, publicity, transparency, and parity in proceedings, and allows us to make a reservation in terms of confusion and inconsistency and rationing the activities of all quasi-judicial institutions. Conciliation and mediation institutions, on the one hand, were built into the system of labor relations, and on the other hand, they are qualified as quasi-judicial, with all the signs of judicial activity. The relevance of the study lies in the fact that conciliatory activity in the civilizational space has been poorly studied, and in this regard, the study has historical significance, and has parallels with the practice of modern labor dispute commissions, conciliation commission, mediator, labor arbitration, arbitration court, mediator, lawyer, notary, and other conciliatory and intermediary institutions. Also, the parallels of the past years against the background of the reconstruction of archival materials and files according to the reports of the craft department of the workshop against the background of the industrial panorama of Belarusian cities in the 19th — early 20th centuries, the industrial appearance of the city of Minsk.
9
Stuart, Mark, and Miguel Martínez Lucio. "The New Benchmarking and Advisory State: The Role of the British Advisory, Conciliation and Arbitration Service in Facilitating Labour—Management Consultation in Public Sector Transformation." Journal of Industrial Relations 50, no. 5 (November 2008): 736–51. http://dx.doi.org/10.1177/0022185608096807.
Анотація:
The aim of this article is to examine the changing role of the state in a more market-driven system of industrial relations, specifically in terms of the new roles that are being developed with regard to mediation, advisory and arbitration services. It focuses empirically on the role played by the British Advisory, Conciliation and Arbitration Service in facilitating the modernization of public sector employment relations. We show how the Advisory, Conciliation and Arbitration Service has played a `benchmarking' role that assists the development of more strategic forms of decision-making and cooperation in employment relations change, and identify the challenges of developing such an approach in the context of the shift towards a more decentralized and market-oriented system of public service delivery. In conclusion we assert that there is a new `advisory and benchmarking' state evolving based on a soft-market view of industrial relations, and that this mitigates (but is also in tension with) the harder market view within the state concerned with transforming the public sector.
10
Hairul Maksum. "TINJAUAN YURIDIS TERHADAP TATA CARA PENYELESAIAN SENGKETA HUBUNGAN INDUSTRIAL DARI TINGKAT NON LITIGASI SAMPAI TINGKAT LITIGASI." Journal Ilmiah Rinjani : Media Informasi Ilmiah Universitas Gunung Rinjani 10, no. 2 (July 30, 2022): 91–100. http://dx.doi.org/10.53952/jir.v10i2.428.
Анотація:
In conducting this research, the aim is to provide understanding to the community, both the working community and the employer community, so that they can find out how to resolve labor disputes and how to defend their rights if they are violated. This research is normative in its implementation of the legal approach model and conceptual model. The results of this study include: First, through the bipartite negotiation route, i.e., if there is a dispute, the workers/labor unions and the company first conduct negotiations within the company internally to resolve the problem before resolving the dispute using the services of a third party. Second, through arbitration; third, through conciliation; and fourth, through mediation. To settle a dispute through litigation or the courts, the disputing parties must attach the minutes of any non-litigation dispute resolution, such as mediation or conciliation, that they have done in the past. If the minutes are not attached, the judge must reject the plaintiff's claim. Keywords: dispute, litigation, non-litigation Abstrak Dalam melakukan penelitian ini tujuannya untuk memberikan pemahaman kepada masyarakat, baik itu masyarakat pekerja dan masyarakat pemberi kerja agar dapat mengetahui bagaimana tatacara penyelesaian sengketa ketenagakerjaan, dan bagaimana seharusnya mempertahankan hak-hak mereka apabila dilanggar. Penelitian ini bersifat normatif, dalam pelaksanaanya model pendekatan perundangan serta model secara konseptual. Adapun hasl penelitian ini, diantaranya : Pertama, melalui jalur perundingan secara Bipartit, yaitu apabila terjadi perselisihan maka pihak pekerja/serikat pekerja dan perusahaan terlebih dahulu melakukan perundingan dalam internal perusahaan untuk menyelesaikan masalah sebelum menyelesaikan sengketa menggunakan jasa pihak ketiga. Kedua, melalui jalur arbitrase, Ketiga, melalui jalur Konsiliasi dan Keempat, melalui jalur mediasi. Untuk menyelesaikan sengketa melalui jalur litigasi/Pengadilan harus dilampirkan risalah penyelesaian sengketa non litigasi seperti Mediasi dan konsiliasi yang telah dilakukan sebelumnya oleh para pihak yang bersengketa, dan apabila tidak dilampirkan risalah tersebut maka hakim wajib menolak gugatan penggugat.
11
Pamungkas, Yogo, Andari Yurikosari, and Amriyati Amriyati. "The Existence of Industrial Relations Dispute Resolution Institutions at The Close of The Company (Lock Out)." Devotion Journal of Community Service 4, no. 2 (February 14, 2023): 582–95. http://dx.doi.org/10.36418/devotion.v4i2.409.
Анотація:
The process of resolving industrial relations disputes in Indonesia can basically be carried out through bipartite followed by mediation or conciliation or arbitration and carried out with industrial relations courts. This normative settlement providesaway out with an orderly state. Industrial relations can arise due to several related matters such as: employment agreements, positive laws and differences in interests. The focus of the problem is whether the definition of the concept of industrial relations conflict has been clearly defined? Has the resolution of industrial relations conflicts been achieved? Is the purpose of closing the company achieved according to its legal objectives? Is the closure of the company to resolve industrial relations conflicts achieved? What limitations are there in court decisions in examining and resolving industrial relations disputes before or after the closure of a company? This study uses the systematic study method of verdict. The results showed that the closure of the company was not effective in resolving industrial relations conflicts
12
Fadzillah, Jihan, Zaini Munawir, and Marsella Marsella. "Perlindungan Hukum Terhadap Buruh Yang Tidak Mendapatkan Upah Minimum Provinsi (UMP) Dengan Perjanjian Kerja Waktu Tertentu (PKWT) Pada Masa Pandemi." ARBITER: Jurnal Ilmiah Magister Hukum 4, no. 1 (June 16, 2022): 58–78. http://dx.doi.org/10.31289/arbiter.v4i1.1205.
Анотація:
The purpose of this study is to determine the form of legal protection for workers who do not get the Provincial Minimum Wage (UMP) with a Specific Time Work Agreement (PKWT) and the mechanism for handling disputes regarding the Provincial Minimum Wage (UMP) which is not fulfilled in a Specific Time Work Agreement (PKWT). at the Manpower Office of North Sumatra Province. The type of research used in writing this thesis is normative juridical which is descriptive analysis. The data collection technique used is library and field. The form of legal protection for workers who do not get the Provincial Minimum Wage (UMP) is that legal protection efforts for these violations are carried out in a preventive and repressive manner. Preventive efforts are to provide guidance as a preventive effort through the dissemination of labor norms, technical advice and assistance. The repressive effort is to give a warning to companies that are suspected of committing wage violations, then review them every 6 (six) months to 1 (one) year. If after the warning and review efforts there are still companies that violate wages, then judicial non-judicial repressive efforts can be carried out. Disputes regarding the Provincial Minimum Wage (UMP) Mechanisms that are Not Fulfilled in a Specific Time Work Agreement (PKWT) at the Manpower Office of North Sumatra Province, can be carried out through mediation, conciliation, arbitration and industrial relations court institutions. Mediation aims to reach or produce an agreement that is acceptable to the disputing parties to end the dispute. Conciliation is carried out by making a collective agreement signed by the parties. Arbitration is conducted by the arbitrator based on the written agreement of the disputing parties.
13
Kusnadi, Apriliani, and Devi Siti Hamzah Marpaung. "Efektifitas Penyelesaian Sengketa Konsumen Melalui Proses di Luar Pengadilan (Melalui Jalur Mediasi)." Wajah Hukum 6, no. 1 (May 1, 2022): 80. http://dx.doi.org/10.33087/wjh.v6i1.710.
Анотація:
A civil dispute in an agreement is a case that arises from an agreement that has been previously agreed upon by the parties. An agreement that starts from negotiation to produce an agreement that is written on a trading contract. The current condition shows that dispute resolution in court is no longer the main choice because it is considered not effective and efficient enough. The choice of dispute resolution through an arbitration institution is considered to provide its own advantages over going through a national court. And the neglect of consumer rights can invite losses that lead to consumer disputes. So the purpose of this main discussion is how the process of resolving consumer disputes based on UUPK and the process of resolving disputes through mediation channels. The research method is normative law, and obtains data by using secondary data based on legal provisions and periodic legal developments. The choice of dispute resolution through the UUPK can be resolved through court (litigation) and out-of-court (non-litigation) channels. And it has been explained in Article 48 of the UUPK that "the litigation path can be taken through filing a lawsuit through the court, looking at the provisions regarding the applicable general court". "Arbitration and Alternative Dispute Resolution" is "a civil dispute resolution institution that can be resolved through a procedure agreed upon by the parties, namely an out-of-court settlement through consultation, negotiation, mediation, conciliation or expert judgment". Then arbitration is a dispute resolution out of court based on an arbitration agreement as well. Mediation is a method of resolving disputes that has a main scope such as a private/civil law area. Mediation is "a settlement through the assistance of a third party, but the role of the mediator is only to bridge the parties without giving an opinion on dispute resolution".
14
Gilson, Clive H. J., and Terry Wagar. "The U.S./Canada Convergence Thesis: Contrary Evidence from Nova Scotia." Articles 50, no. 1 (April 12, 2005): 66–84. http://dx.doi.org/10.7202/050992ar.
Анотація:
The impact of P.C. 1003 on labour relations legislation in the various Canadian provinces can be both overestimated and underestimated. Many other elements and factors came together to produce a Canadian System of industrial relations in 1944. P.C. 1003 was both a result and a beginning. The American Wagner Act of 1935 and the pressure exerted in Canada by union leaders to obtain similar legislation in this country were two major factors. Some provincial legislations had established Systems of conciliation, through the federal and/or provincial Departments of Labour. A few previous laws prepared the way for P.C. 1003. The Quebec Trade Disputes Act of 1901 introduced mediation, conciliation and arbitration. Although the services were offered on a voluntary basis to interested parties, a certain number did use them, and that very fact contributed to the view that state intervention was normal. The federal legislation adopted in the first decade of the century had a similar impact, at least until its constitutionality was successfully attacked in 1925. After the Snider case, all Canadian provinces but one moved to "provincialize" the effect of the Industrial Disputes Investigation Act by adopting similar legislation. The 1937 Industrial Conciliation and Arbitration Act of British Columbia provoked much interest; and the 1943 Ontario Collective Bargaining Act was an important experimental prelude to P.C. 1003. The provisions of these acts were in most cases voluntary, but their application, whether mandatory or voluntary, helped to foster the belief that government intervention in labour disputes was normal, if not desirable. The first federal-provincial conference held on the subject in 1943 also helped to pave the way to the acceptance of the main elements of P.C. 1003. Because of the war situation and the urgency of keeping conflicts from becoming too disruptive, steps that could not have been taken in other circumstances became acceptable at that time. Thus the administrative machinery for certification and conciliation services was put in place. The "cost-plus" system of granting government contracts played a major role. Because P.C. 1003 was mandatory for all war industries, it applied to most of the unionized industries. The rest of the economy was covered by provincial laws, many of them simply extending P.C. 1003 provisions to labour disputes in provincial jurisdiction. These provisions were continued after the war under the National Emergency Transitional Powers Act. By 1948, all of the provinces had adopted a Labour Relations Act, under that name or another, containing the major features of P.C. 1003 and of the 1948 federal Industrial Relations and Disputes Investigation Act. In a sense, P.C. 1003 owed a lot to previous provincial laws, but subsequent legislation also owes a lot to P.C. 1003, especially with regard to the technical aspects of certification and the creation of labour boards.
15
Butyrin, A. Yu, E. B. Stativa, O. V. Zhukova, and A. V. Kapustkina. "The Forensic Construction Expert as a Mediator." Theory and Practice of Forensic Science 14, no. 2 (July 13, 2019): 6–15. http://dx.doi.org/10.30764/1819-2785-2019-14-2-6-15.
Анотація:
The issue of out-of-court settlement of disputes between participants in construction is considered. The relevance of the study stems from the excessive number of legal disputes of business entities. This fact requires a new perspective on the existing but still unpopular conciliation procedures, which can mitigate the burden of the judiciary. The mediation procedure seems to be the most attractive to the authors to that end. The article provides a range of advantages of turning the disputants to the mediator in comparison with the traditional judicial process. In this regard, the attention of the authors is focused on the mediator figure itself, the benefits of engaging an expert builder (a person competent in the field of construction who carries out forensic analysis on a permanent basis) are explained.The question of whether the participants in the construction industry are ready to resolve their economic disputes in the pretrial order is considered. According to the authors this is obstructed by: persistent paternalism firmly entrenched in the minds of the disputing parties, traditional distrust to the mediator as not having the authority, the exhaustiveness of the parties’ desire for unquestionable victory in the dispute and not for a compromise the inefficiency of the defensive practice using concealment or falsification of information, etc.In conclusion, the authors note the current unreadiness of the construction industry parties to actively participate in out-of-court settlement of disputes as well as a positive tendency among the Russian builders to using civilized forms of industrial interaction and express the hope that mediation will take its rightful place in the segment of public relations under consideration.
16
Tiemeni, Thierry Galani. "Regulatory Innovation in the Governance of Decent Work for Domestic Workers in South Africa: Access to Justice and the Commission on Conciliation, Mediation and Arbitration." International Journal of Comparative Labour Law and Industrial Relations 34, Issue 2 (May 1, 2018): 203–30. http://dx.doi.org/10.54648/ijcl2018009.
Анотація:
South Africa ratified the Decent Work for Domestic Workers Convention, 2011 (No. 189) in 2013, after playing an important role in the adoption of the Convention. South Africa is one of the countries that has a significant domestic work population that reflects the legacies of slavery and apartheid. South Africa is also one of the ILO Members to have acted decisively to foster decent work for domestic workers through law. This article offers a critical analysis of the legislative landscape on domestic work in South Africa, but focuses its attention on the innovative Commission for Conciliation, Mediation and Arbitration (CCMA). The article draws on interviews and participant observations of the CCMA’s approach to dispute resolution. It canvasses the ethnographic material alongside key scholarship on topic, to suggest that there are firm indicia that the CCMA structure, procedures and accessibility have helped to reinforce, over time, a recognition that domestic work is a form of employment to which labour law principles apply. The institution, its structure, its attempt at inclusion, play a crucial mediating role, underscoring that state law is applicable to the household as a workplace, and can help to change its asymmetrical, pluralist law. That mediation is part of the aspiration of decent work for domestic workers embodied in Convention No. 189 and Recommendation No. 201. The article concludes by affirming that the CCMA is a critically important institution, only part – but also a meaningful part – of the promise of labour law’s ‘citizenship at work’ in the context of persisting societal inequality.
17
Prasetya, Yoga Aditya, and I. Gusti Ngurah Adnyana. "Tuntutan Uang Pesangon, Uang Penghargaan dan Uang Penggantian Hak melalui Pengadilan Hubungan Industrial atas Pemutusan Hubungan Kerja Secara Sepihak (Studi Kasus Putusan No: 219/Pdt Sus-Phi/2017/PN Mdn)." Bhirawa Law Journal 3, no. 2 (November 30, 2022): 145–54. http://dx.doi.org/10.26905/blj.v3i2.8935.
Анотація:
Termination of employment relations causes termination of employment relations due to a matter which results in the end of the rights and obligations between the worker/laborer and the entrepreneur. In terminating the employment relationship, sometimes a dispute arises, which is caused by the lack of understanding between the worker/laborer and the entrepreneur regarding terminating the employment relationship or because the entrepreneur only terminates the employment relationship but does not provide the rights that should be received by the worker such as severance pay, long service awards and compensation rights. Settlement related to layoffs because the employer only terminates the employment relationship but is not given the rights of workers that he/or the worker should get, then efforts can be made to resolve them in a bipartite manner, Mediation, Conciliation, Arbitration, and the Industrial Relations Court in accordance with the provisions in Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes. The results of this study can be drawn a conclusion, namely, how to obtain severance pay, long service pay, and compensation money. When a unilateral layoff occurs, it can be done in 2 ways, namely through litigation and non-litigation.
18
Fatimah, Yani Nur. "Penyelesaian Perselisihan Hubungan Industrial di Pengadilan Hubungan Industrial dalam Pemenuhan Hak Pekerja/Buruh Yang di Putus Hubungan Kerja." Pandecta: Research Law Journal 10, no. 2 (December 31, 2015): 215. http://dx.doi.org/10.15294/pandecta.v10i2.4954.
Анотація:
Penelitian ini bertujuan untuk menganalisis faktor-faktor yang menjadi penyebab terjdinya PHK, kompensasi yang diberikan kepeda pekerja/buruh yang di PHK berdasarkan putusan hakim PHI dan peran hakim PHI dalam memberikan kepastian hukum terhadap kasus kasus PHK. Hasil penelitian ini menunjukkan bahwa mekanisme PHK berdasarkan Undang-Undang No. 13 Tahun 2003 tentang Ketenagakerjaan, serta mengenai pemenuhan hak pekerja yang mengalami PHK yang tercantum dalam perjanjian kerja jika terjadi PHK maka pekerja/buruh hanya memperoleh 1 (satu) kali dan uang pengantian hak sesuai dengan Undang-Undang. Selanjutnya mengenai perlindungan hukum terkait pemberian kompensasi pekerja/buruh. Terkait mengenai upaya hukum yang dilakukan pekerja/buruh demi memperjuangkan hak-haknya melalui non litigasi dan litigasi. Non litigasi atau diluar pengadilan dilakukan memalui konsiliasi dan mediasi yang dijalankan secara muyawarah yang ditengahi oleh Dinakertrans. Sedangkan litigasi atau melalui jalur pengadilan dilakukan memalui Pengadilan Hubungan Industrial.<br /><br /><br /><em>This study aimed to analyze the factors that cause terjdinya layoffs, compensation provided kepeda workers / laborers whose employment is terminated by the judge’s ruling and the role of judges PHI PHI to provide legal certainty to the cases of layoffs. These results indicate that the mechanism of layoffs under Law No. 13 of 2003 on Labor, as well as the fulfillment of the rights of workers who were laid off were contained in employment contracts in the event of layoff the workers / laborers only get 1 (one) time and money replacement right in accordance with the Law. Furthermore, regarding the legal protection related to compensation of workers / laborers. Related legal efforts undertaken regarding workers / labor for asserting their rights through non-litigation and litigation. Non litigation or outside court is performed by the conciliation and mediation run muyawarah brokered by Dinakertrans. While litigation or through the courts is performed by the Industrial Relations Court.</em>
19
Sonhaji, Sonhaji. "Analisis Yuridis Pemutusan Hubungan Kerja Akibat Kesalahan Berat Pekerja." Administrative Law and Governance Journal 2, no. 1 (March 3, 2019): 60–78. http://dx.doi.org/10.14710/alj.v2i1.60-78.
Анотація:
The result of this research shows that the case of serious mistake did by worker/laborer in Thailindo Bara Pratama Corporation has gone through bipartite, mediation and conciliation processes. However, all three of them did not reach an agreement and Thailindo Bara Pratama Corporation filed a lawsuit against the worker/laborer to the Industrial Relations Court. Palangkaraya Industrial Relations Court’s Verdict Number 04/G/2012/PHI.PN.PL.R decides that the workers have committed a serious mistake and are subjected to termination of employment but the employer still has to pay their deferred obligation to the worker/laborer. Despite the termination of the employment due to the serious mistake requested by the employer to the Industrial Relations Court is granted, but within the verdict, there are still many legal loopholes. Keywords: Employment, Laborer Serious Mistake, PT. Thailindo Bara Pratama Abstrak Dari hasil penelitian dapat diketahui bahwa kasus mengenai kesalahan berat pekerja/buruh di PT. Thailindo Bara Pratama telah melalui proses bipartit, mediasi dan konsiliasi. Namun ketiganya tidak mencapai kesepakatan dan PT. Thailindo Bara Pratama mengajukan gugatan ke Pengadilan Hubungan Industrial. Putusan Pengadilan Hubungan Industrial Palangkaraya Nomor 04/G/2012/PHI.PN.PL.R menyatakan bahwa pekerja/buruh telah melakukan kesalahan berat dan dijatuhi pemutusan hubungan kerja namun pengusaha tetap harus membayarkan kewajibannya yang tertunda terhadap pekerja/buruh. Meskipun pemutusan hubungan kerja akibat kesalahan berat yang dimintakan penetapannya oleh pengusaha kepada Pengadilan Hubungan Industrial dikabulkan, namun di dalam putusan pengadilan tersebut masih terdapat banyak celah hukum. Kata kunci : Hubungan Kerja, Kesalahan Berat Pekerja PT. Thailindo Bara Pratama
20
Diab, Ashadi L., and Iskandar Iskandar. "Hukum dan Kearifan Lokal Dalam Penyelesaian Perselisihan Hubungan Industrial." TASAMUH: Jurnal Studi Islam 13, no. 1 (April 15, 2021): 115–38. http://dx.doi.org/10.47945/tasamuh.v13i1.373.
Анотація:
This study discusses how is the implementation of industrial relations resolution through the industrial relations court in the Kendari District Court? Is the local wisdom-based approach capable of providing legal certainty to both parties? To what extent is the District Court's efforts to resolve disputes through a local wisdom approach?In this study, the author uses the theory of legal change and the legal system and the theory of conflict. The results of the study indicate that the settlement of industrial relations disputes is a difference of opinion which results in conflicts between employers or a combination of employers and workers / laborers.
In order to resolve industrial relations disputes, it can be done in two ways. First, through the pathway outside the industrial relations court, which includes mediation, conciliation, bipatrite and arbitration based on local wisdom. The second is through the industrial relations court.
The local wisdom-based approach is very able to provide legal certainty through out-of-court channels, but the place to process through local wisdom is not yet adequate or there is no proper Regional Regulation that regulates it, especially in Kendari, Southeast Sulawesi. So that if there is a Regional Regulation, it is easier for the Department of Labor to process based on the applicable rules that are compounds with local wisdom. The efforts of the District Court in resolving disputes through a local wisdom approach. A number of facts show that cases handled by legal institutions before the birth of Law No. 13 of 2003 and Law No. 2 of 2004, not fully resolved. With the birth of the two laws mentioned above, most of the shortcomings as previously happened can be overcome
21
Mantili, Rai. "KONSEP PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL ANTARA SERIKAT PEKERJA DENGAN PERUSAHAAN MELALUI COMBINED PROCESS (MED-ARBITRASE)." Jurnal Bina Mulia Hukum 6, no. 1 (September 30, 2021): 47–65. http://dx.doi.org/10.23920/jbmh.v6i1.252.
Анотація:
ABSTRAK
Serikat pekerja memiliki peranan yang sangat penting bagi pekerja, pengusaha maupun serikat pekerja itu sendiri dalam proses penyelesaian perselisihan hubungan industrial. Proses penyelesaian perselisihan hubungan industrial berdasarkan Undang-Undang Nomor 2 Tahun 2004 tentang Penyelesaian Perselisihan Hubungan Industrial adalah melalui Bipartit, Tripatrit (mediasi hubungan industrial, konsiliasi hubungan industrial dan arbitrase hubungan industrial) kemudian ke Pengadilan Hubungan Industrial apabila upaya hukum non litigasi (kecuali arbitrase) tersebut tidak tercapai. Konsep combined process (med-arb) dianggap dapat memfasilitasi penyelesaian sengketa dalam perselisihan hubungan industrial karena konsep ini sudah dilakukan dalam sengketa bisnis dan dianggap lebih efektif. Penelitian ini memuat dua permasalahan yakni, mengenai konsep combined process (med-arb) yang diterapkan dalam penyelesaian perselisihan hubungan industrial antara serikat pekerja dan pengusaha dan konsep kepastian hukum penyelesaian perselisihan hubungan industrial antara serikat pekerja dan pengusaha melalui combined process (med-arb). Hasil penelitian menunjukkan bahwa konsep combined process (med-arb) dapat diterapkan dalam penyelesaian perselisihan hubungan industrial antara serikat pekerja dan pengusaha guna memberi efektifitas waktu dalam penyelesaian sengketa dan penerapan kepastian hukum.
Kata kunci: combined process (med-arb); penyelesaian sengketa; serikat pekerja.
ABSTRACT
The labor union holds important role for the employee, the company and for the labor union itself in relation with settlement of the industrial relation dispute. The processes of the industrial relation dispute settlement pursuant to Law No. 2 Year of 2004 re: Settlement of the Industrial Relation Dispute are through bipartite (bilateral), tripartite (mediation, conciliation, arbitration), and through the Industrial Relation Court if the settlement through the foregoing non-litigation process is not achieved. The concept of Combined Process (med-arb) is considered to facilitate the industrial dispute settlement due to the effective practises of such concept in business dispute.This research consist of two legal issues, namely, first, the concept of Combined Process (med-arb) which is applied in the industrial relation dispute settlement between the labor union and the company, second, the concept of certainty of law in industrial relation dispute settlement between the employee and the company through the Combined Process (med-arb). The result of this research is, the concept of Combined Process (med-arb) is applicable in the settlement of industrial relation dispute between the labor union and the company to provide the effectiveness of timeframe in the dispute settlement and the implementation of legal certainty.
Keywords: combined process; dispute settlement; labour union.
22
Novitz, Tonia, and Shae McCrystal. "Democratic Pre-conditions for Strike Action: A Comparative Study of Australian and UK Labour Legislation." International Journal of Comparative Labour Law and Industrial Relations 28, Issue 2 (June 1, 2012): 115–46. http://dx.doi.org/10.54648/ijcl2012010.
Анотація:
In this article, we investigate legislative controls on the ability of workers and their organizations to take strike action, which raise fundamental questions relating to the application of democratic principles in a workplace setting. We trace the introduction of legislative provisions in Australia and the UK which sought to impose 'majoritarian' forms of democracy on trade union structures, by requiring ballots before such action could be taken. We recognize that these statutory pre-conditions are problematic both in terms of their aims and effects. Yet, what is arguably more worrying is the new institutionalization of deliberative pre-conditions for industrial action in the workplace. In Australia, this has taken the form of a requirement that a ballot applicant has 'genuinely tried to reach agreement', a requirement that continues to apply during any actual industrial action. In the UK context, the scope of protection from unfair dismissal (beyond a twelve-week period) will be affected by whether the union has complied with procedures established by an applicable collective or other agreement, offered or agreed to commence or resume negotiations, and has not unreasonably refused a request that conciliation or mediation services be used. In both countries, there seems to be growing pressure in policy terms for strikes to be very much a last resort, as statutory support for bargaining in good faith becomes stronger. We argue that these deliberative democratic controls of strike action are misguided. A richer understanding of deliberative democracy should, in our view, offer greater space for workers to voice their opposition in negotiations with employers.
23
Arifin, Zainal, Emi Puasa Handayani, and Saivol Firdaus. "Penyelesaian Perundingan Perjanjian Kerja Bersama (Pkb) Yang Tidak Menemui Kesepakatan (Studi Kasus di PJT I Malang)." ADHAPER: Jurnal Hukum Acara Perdata 6, no. 1 (July 16, 2020): 147. http://dx.doi.org/10.36913/jhaper.v6i1.106.
Анотація:
The Collective working Agreement (PKB) is regulated in Article 1601 of the Civil Code (Civil Code), which is an agreement between two parties, an employee or laborer and a company, both bound together. Workers commit themselves to employers for a certain time. A bond to do work by receiving wages. Another understanding of collective working agreements is regulated in Law Number 13 of 2003 concerning labor. Working agreements are agreements between employers and employees, or laborers who have conditions of employment, rights and obligations of both parties. There are two research questions, fi rst what is the meaning of the settlement of collective bargaining agreements that do not meet the agreement and, how do we formulate a joint working agreement negotiation solution without finding a deal. The method used to answer research questions is a type of normative and empirical legal research. Theories used are certainty theory, hierarchical theory of law and distributive justice theory. The results achieved. First, the meaning of the deadlock negotiation agreement to formulate a co-operation agreement. Two, settlement of collective working agreement negotiations that did not meet the agreement, can be completed with three mechanisms. The fi rst is done through bipartite negotiations, through conciliation and mediation mechanisms.fi nally the dispute mechanism can be carried out in industrial relations courts.
24
Rahmawati, Rita, Nurul Qomariyah, and Trianah Sofiani. "Fulfillment of Workers' Rights in The Terminating Employment Relationships During The Covid-19 Pandemic." Asian Journal of Law and Humanity 2, no. 1 (July 1, 2022): 39–64. http://dx.doi.org/10.28918/ajlh.v1i2.5780.
Анотація:
This paper analyzes the fulfillment of workers' rights in Termination of Employment Relationship during the Covid 19 Pandemic at PT Sukorintek and legal remedies that can be taken to fulfill workers' rights.This empirical juridical research uses a qualitative approach. Data collection techniques using interviews and documentation studies. The analysis technique uses an interactive model. The results showed that, Fulfilling workers' rights in Termination of Employment Relationship during the Covid 19 Pandemic at PT. Sukorintex Indah Textile is not in accordance with the provisions of the labor laws and regulations. PT. Sukorintex only provides severance pay to workers as much as 0.40 (40%) of the amount that should be received by workers. Whereas according to the labor laws and regulations, workers who are laid off due to force majeure which do not cause the company to close as in the case of PT Sukorintek are entitled to severance pay of 0.75 (zero point seventy five) times of service; 1 (one) time service award in accordance with the period of service and compensation for other entitlements in accordance with the period of service. Legal remedies that can be taken in the case of PT. Sukorintex, among others: using non-litigation, namely bipartite negotiations, mediation, and conciliation or using litigation, namely through the Industrial Relations Court at the District Court in the legal area where the worker/laborer works.
25
Asmara Putra, Dewa Nyoman Rai, Kadek Agus Sudiarawan, and Ari Mahartha. "Interest Dispute Settlement Related to Workers’ Health Care Security in Indonesia." Udayana Journal of Law and Culture 4, no. 1 (January 31, 2020): 62. http://dx.doi.org/10.24843/ujlc.2020.v04.i01.p04.
Анотація:
The enactment of Law Number 24 of 2011 concerning the Social Security Organizing Body (BPJS Law) has legal implications especially for employers and workers before the enactment of the BPJS Law, the Parties had already agreed that Private Health Insurance as an organizer of workers' health insurance on Collective Labor Agreement (CLA). This condition provides a possibility for the emergence of conflicts of interest. The problem raised in this legal research is how is the regulation concerning the employers' obligations in the health insurance of workers after the enactment of the BPJS Law; what are the legal implications if the CLA in the company before the enactment of BPJS Law has implemented the scheme of Health Insurance for Workers through Private Insurance; and how the legal steps that can be taken in resolving disputes arising related to this matter. This study uses normative legal research methods with a statute approach and a case approach. The result of this research shows that after the enactment of BPJS law, the Employer is obliged to register all of the Workers to BPJS membership as the national provider of health care security system. In terms of double coverage of Workers’ health insurance which impacted the company, the parties could negotiate to amend the CLA based on mutual agreement and good faith. In terms of an interest dispute in implementing the CLA about workers’ health insurance is happening in the future, legal actions that can be taken accordance with the provisions of the Industrial Relations Disputes Settlement Law are bipartite, tripartite disputes settlement through mediation, conciliation, arbitration, and submit a lawsuit to Industrial Relations Court
26
Lestari, Rachmatika, Rosa Maulida Wirna, Farhan Deka Fahreza, and Cut Ali Sahbana. "Pendampingan Bipartit Dalam Kasus Ketenagakerjaan." Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI 5, no. 1 (May 31, 2022): 59–76. http://dx.doi.org/10.15294/jphi.v5i1.53186.
Анотація:
Abstrak
Pengabdian pada masyarakat ini bertujuan memberikan konsultasi dan pendampingan hukum kepada pekerja kasus ketenagakerjaan. Melalui pemberian konsultasi dan pendampingan hukum, masyarakat menjadi lebih meningkat pemahaman hukumnya dan sadar akan hak-hak mereka yang dilindungi oleh peraturan perundang-undangan. Adanya PHK dari perusahaan terhadap pekerja dapat memicu timbulnya perbedaan pendapat antara para pihak mengenai alasan terjadinya PHK, terutama bagi pihak pekerja yang merasa dirugikan dan menuntut agar dipenuhi hak-haknya sesuai dengan peraturan yang berlaku. Oleh sebab itu, berdasarkan ketentuan UU Ketenagakerjaan, perusahaan harus mengupayakan terlebih dahulu penyelesaian perselisihan hubungan industrial melalui musyawarah untuk tidak langsung melakukan tindakan PHK. Apabila harus melakukan tindakan PHK, perusahaan harus memperhatikan ketentuan dan prosedur tentang PHK sesuai dengan aturan perundang-undangan agar proses dan langkah yang dilakukan tidak menjadi batal demi hukum. Jika PHK telah terjadi, maka penyelesaian perselisihan dapat ditempuh melalui beberapa cara yaitu penyelesaian melalui perundingan bipartit, mediasi atau konsiliasi, dan penyelesaian di Pengadilan Hubungan Industrial.
Kata Kunci: pendampingan; bipartit; kasus ketenagakerjaan
Abstract
This community service aims to provide legal consultation and assistance to employment case workers so that the community becomes more understanding of the law and aware of their rights protected by the laws and regulations. The existence of layoffs can trigger differences of opinion between the parties, especially workers who feel aggrieved and demand that their rights are fulfilled in accordance with applicable regulations. Therefore, the company must first seek the resolution of industrial relations disputes through deliberation not to directly carry out layoff actions. If layoffs are carried out, the company must pay attention to the provisions and procedures based on the laws and regulations so that the processes and steps taken do not become null and void. If layoffs have occurred, then dispute resolution can be reached through several ways, namely settlement through bipartite negotiations, mediation or conciliation, and settlement in the Industrial Relations Court.
Keywords: mentoring; bipartite; employment case
27
Sherly, Sherly Ayuna Putri, Agus Mulya Karsona, and Revi Inayatillah. "PEMBAHARUAN PENYELESAIAN PERSELISIHAN KETENAGAKERJAAN DI PENGADILAN HUBUNGAN INDUSTRIAL BERDASARKAN ASAS SEDERHANA, CEPAT DAN BIAYA MURAH SEBAGAI UPAYA PERWUJUDAN KEPASTIAN HUKUM." Jurnal Bina Mulia Hukum 5, no. 2 (March 31, 2021): 310–27. http://dx.doi.org/10.23920/jbmh.v5i2.307.
Анотація:
ABSTRAK
Penyelesaian perselisihan hubungan industrial dalam hukum ketenagakerjaan setelah lahirnya UU No. 2 Tahun 2004 tentang Penyelesaian Perselisihan Hubungan Industrial dikenal dengan model penyelesaian secara sukarela melalui bipartit, konsiliasi, mediasi, dan arbitrase; dan model penyelesaian secara wajib, yaitu melalui Pengadilan Hubungan Industrial. Eksistensi PHI menimbulkan masalah, baik kemampuan pengetahuan pekerja/buruh tentang hukum formil maupun hukum ketenagakerjaan materil, proses lama, dan substansi hukum belum memadai. Permasalahan mengenai penyelesaian sengketa hubungan industrial dapat terdiri dari banyak faktor adanya perselisihan mengenai hak, perselisihan kepentingan, perselisihan pemutusan hubungan kerja dan perselisihan antar serikat pekerja/serikat buruh dalam satu perusahaan, disamping itu juga mengenai kompetensi Pengadilan Hubungan Industrial sehingga tidak dengan efektif dapat menyelesaikan sengketa ketenagakerjaan. Penelitian ini menggunakan pendekatan penelitian yuridis normatif. Mengingat penelitian ini merupakan penelitian hukum normatif, maka pendekatan yang digunakan adalah pendekatan yuridis normatif dengan didasarkan pada pengkajian hukum positif, yaitu UU No. 2 Tahun 2004 dan untuk mengkaji asas-asas peradilan. Hasil penelitian mengidentifikasi beberapa kelemahan, baik dari segi struktur hukum dan substansi dalam pembaharuan Penyelesaian Perselisihan Hubungan Industrial di peradilan Hubungan Industrial. Upaya untuk mengatasinya dengan pembaharuan di proses penyelesaian di Pengadilan Hubungan Industrial, yakni dengan membentuk PHI di setiap Pengadilan Negeri Kabupaten/Kota. Revisi UU No. 2 Tahun 2004 dan dianggap belum dapat mengakomodir dan belum mencerminkan asas sederhana, cepat dan biaya murah dalam proses beracara di Peradilan Hubungan Industrial.
Kata kunci: kepastian hukum; sengketa; peradilan hubungan industrial.
ABSTRACT
Settlement of industrial relations disputes in employment law after the birth of Law No. 2 of 2004 on Settlement of Industrial Relations Disputes is known as the voluntary settlement model through bipartite, conciliation, mediation, and arbitration; and mandatory settlement model, namely through the Industrial Relations Court. Phi existence raises problems, both the ability of workers/labor knowledge about formil law and material employment law, the old process, and the substance of the law is not adequate. The issue of settlement of industrial relations disputes can consist of many factors of disputes regarding rights, disputes of interest, disputes of termination of employment and disputes between unions/trade unions in one company, while also concerning the competence of the Industrial Relations Court so that it is not effectively able to resolve labor disputes. This research uses normative juridical research approach. Considering that this research is normative legal research, the approach used is a normative juridical approach based on positive legal assessment, namely Law No. 2 of 2004 and to examine the principles of the judiciary. The results identified several weaknesses, both in terms of legal structure and substance in the renewal of Industrial Relations Dispute Resolution in industrial relations judiciary. Efforts to overcome this, namely by forming PHI in each District Court/City. Revision of Law No. 2 of 2004 and considered unable to accommodate and has not reflected the principle of simple, fast and low cost in the process of proceedings in the Industrial Relations Court..
Keywords: legal certainty; disputes; industrial relations judiciary
28
Ferdiansyah, Moch Arif Bayu. "Ketentuan Pemutusan Hubungan Kerja Atas Dasar Efisiensi Menurut Undang-Undang Ketenagakerjaan dan Cipta Kerja." Jurist-Diction 5, no. 1 (January 31, 2022): 251. http://dx.doi.org/10.20473/jd.v5i1.32739.
Анотація:
AbstractTermination of employment on the basis of efficiency carried out by a company creates several obligations that must be fulfilled by employers such as employers are required to provide severance pay twice the stipulated provisions as well as other workers' rights. Efficiency also has limitations so that it can be done legally or in conformity with existing laws and regulations. In the applicable law it is stipulated that efficiency is carried out because the company does need this efficiency because the company has experienced a difficulty that forces entrepreneurs to carry out an efficiency. The efficiency is due to difficult circumstances in the company, causing losses in the company. There are also legal remedies that can be taken by workers if there is a dispute regarding termination of employment on the basis of efficiency, such as mediation, conciliation, and a lawsuit with the Industrial Relations Court.Keywords: Termination of Employment; Efficiency; Loss.AbstrakKetentuan Pemutusan Hubungan Kerja Atas Dasar Efisiensi Menurut Pemutusan Hubungan Kerja atas dasar adanya efisiensi yang dilakukan oleh suatu perusahaan menimbulkan beberapa kewajiban yang harus dipenuhi oleh pengusaha seperti, pengusaha diwajibkan untuk memberikan suatu uang pesangon sebanyak dua kali dari ketentuan yang telah diatur serta hak-hak pekerja yang lainya. Efisiensi juga memiliki suatu batasan-batasan agar dapat dilakukan dengan sah atau memiliki kesesuaian dengan peraturan perundang-undangan yang ada. Dalam Undang-Undang yang berlaku diatur bahwa efisiensi dilakukan karena perusahaan memang membutuhkan efisiensi tersebut karena perusahaan telah mengalami suatu kesulitan sehingga memaksa pengusaha untuk melakukan suatu efisiensi. Adapun efisiensi disebabkan karena keadaan yang sulit dalam perusahaan sehingga menyebabkan kerugian di dalam perusahaan. Terdapat juga upaya hukum yang dapat dilakukan oleh pekerja jika terdapat perselisihan mengenai pemutusan hubungan kerja atas dasar efisiensi seperti, mediasi, konsiliasi sampai gugatan ke Pengadilan Hubungan Industrial.Kata Kunci: Alih Daya; TUPE; Ketenagakerjaan.
29
Brazhko, Olena. "CONDITIONS AND FACTORS OF THE NATIONAL MEDIATION AND RECONCILIATION SERVICE IN RESOLVING LABOR CONFLICTS." Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu. Serìâ: Pravo 10, no. 20 (2020): 58–66. http://dx.doi.org/10.34079/2226-3047-2020-11-20-58-66.
Анотація:
The conditions and factors of the National Mediation and Reconciliation service in resolving labor conflicts are taken into consideration, the main tasks of the National Mediation and Reconciliation service are determined, the state of social and labor relations and the causes of collective labor disputes (conflicts) in enterprises and organizations of the Zaporizhzhya region are analyzed, the improvement of the situation in the field of social and Labor Relations is suggested, the necessary steps to improve the National Mediation and Reconciliation service are provided. Social and labor interests may clash between an employee and an employer at any stage of an employment relationship, which leads to labor disputes. Therefore, during the difficult economic situation in Ukraine, the problem of resolving labor disputes that arise between the owner of an enterprise, institution, organization or an authorized body or individual, on the one hand, and a specific employee or labor collective, on the other hand, is urgent. Labor dispute (conflict) is the disagreement that have arisen between the parties to social and labor relations regarding the establishment of new or changes in existing socioeconomic conditions of work and industrial life, the conclusion or modification of a collective agreement, agreement, performance of a collective agreement, agreement or their individual provisions, failure to comply with the requirements of labor legislation. Unresolved labor conflicts lead to such negative consequences as loss of working time, deterioration of the quality of management decisions, decrease in motivation, etc. The National Mediation and Reconciliation service, to our mind, should: firstly, provide explanations and practical advice on issues that arise when determining the subject matter and parties to a collective labor dispute, forming requirements, and determining the moment when the dispute arises; secondly, actively inform about the norms of national legislation, regulations of the NSPP that require study and compliance by participants in collective labor disputes; thirdly, hold meetings of the Conciliation Commission and labor arbitration, involving an independent intermediary; fourthly, conduct educational work to promote legal knowledge; fifthly, interact more actively with trade unions at the national, regional and individual enterprise levels. All these measures should significantly improve the legal literacy of the parties to the conflict and change the level of relations in the legal field for the better. The first direction of improving the activities of the NSPP involves regular publication in the printed publication "Bulletin of the NSPP" and in electronic sources, primarily on the official website of the NSPP, changes in regulatory documents with comments from specialists (NSPP employees and independent lawyers) (8). The second direction focuses on more clear and quick activities of the NSPP regional offices in responding to official requests. On the official website of the NSPP, publicly publish all responses to official appeals to the regional offices of the NSPP. The third direction involves the involvement of specialists certified by the NSPP in labor arbitration. At the same time, significantly increase the requirements for the accreditation level of specialists, review the procedures for their certification in the direction of increasing the requirements. The fourth direction is holding seminars, conferences and round tables with the participation of NSPP specialists. The results of these meetings should be published in the official print and electronic publications of the NSPP. The fifth direction of improving the activities of the NSPP involves regular meetings of managers of regional branches of the NSPP with representatives of trade unions and giving managers of the NSPP at the regional level greater powers in matters of interaction with representatives of trade unions.
30
Ilyas, Mohammad. "PENGAMBILALIHAN DAN PENUTUPAN PERUSAHAAN YANG BERDAMPAK PADA PERSELISIHAN PEMUTUSAN HUBUNGAN KERJA MENURUT UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN." Jurnal Ius Constituendum 3, no. 1 (April 21, 2018): 107. http://dx.doi.org/10.26623/jic.v3i1.866.
Анотація:
<p align="center"><strong>ABSTRAK</strong></p><p><strong> </strong></p><p>Perusahaan pada hakikatnya dibentuk untuk mencari keuntungan dan atau laba yang sebesar-besarnya, namun dalam aktivitasnya tersebut tidak dapat dihindari pula terjadinya kerugian pada perusahaan sehingga demi menjaga stabilitas perekonomian perusahaannya, pengusaha melakukan kegiatan pengambilalihan, maupun penutupan perusahaan. Adapun beberapa hal yang menjadi rumusan-rumusan masalah yaitu bagaimana perlindungan hukum terhadap buruh / pekerja ketika terjadi Perselisihan Pemutusan Hubungan Kerja (PHK) akibat pengambilalihan maupun penutupan perusahaan? dan bagaimana permasalahan dan model Penyelesaian Perselisihan Pemutusan Hubungan Kerja antara pekerja dan pengusaha akibat tindakan pengambilalihan maupun penutupan perusahaan?. Ada dua bentuk perlundungan hukum terhadap buruh / pekerja ketika terjadi Perselisihan Pemutusan Hubungan Kerja (PHK) akibat pengambilalihan maupun penutupan perusahaan, yaitu perlindungan hukum bagi pekerja / buruh atas pengusaha yang tidak bersedia melanjutkan hubungan kerja dan perlindungan hukum bagi pekerja / buruh yang tidak bersedia melanjutkan hubungan kerja. Upaya hukum yang dapat ditempuh pekerja untuk menyelesaikan perselisihan pemutusan hubungan kerja tersebut dapat melalui jalur Penyelesaian Perselisihan Pemutusan Hubungan Kerja di luar Pengadilan Hubungan Industrial (<em>non</em> <em>litigasi</em>) ini dapat dilakukan dengan penyelesaian melalui bipartit, konsiliasi Arbitrase, mediasi. Dan Penyelesaian Perselisihan Pemutusan Hubungan Kerja melalui Pengadilan Hubungan Industrial.</p><p align="center"><strong><em>ABSTRACT</em></strong></p><p><em>The company is essentially formed to seek benefit and/or profits as much as possible, but in its activities, it cannot be avoided also the loss of the company so that in order to maintain the stability of the company's </em><em>economy, entrepreneurs make takeover activities, as well as the closure of the company. As for some matters, the formulation of the problem is how to protect the law against the workers/labors when there is a Dispute Termination of Employment (PHK) due to the takeover or closure of the company? And how are the problems and models of the Settlement of Employment Dispute Settlements between workers and employers due to takeover or closure of the company? There are two forms of legal protection to the worker/labor in the Employment Termination (PHK) resulting from the takeover or closure of the company, namely legal protection for workers/laborers against the employer who are unwilling to continue employment and legal protection for workers who are unwilling to continue work relationship. Legal remedies by which the employee may resolve the termination disputes may pass through the Termination Dispute Settlement outside the Industrial Relations Court (non litigation) may be made by settlement through bipartite, arbitration conciliation, mediation. And Termination Dispute Settlement is through Industrial Relations Court.</em></p>
31
Nitschke, Frauke. "Amicable Investor-State Dispute Settlement at ICSID: Modernizing Conciliation and Introducing Mediation." BCDR International Arbitration Review 6, Issue 2 (December 1, 2019): 381–432. http://dx.doi.org/10.54648/bcdr2019010.
Анотація:
The International Centre for Settlement of Investment Disputes (ICSID) has embarked on a comprehensive reform of its existing dispute settlement mechanism and also added a set of mediation rules to its service offerings. This article reviews the proposed amendments to the ICSID conciliation mechanism and ICSID’s proposed investment mediation framework. In relation to the proposed amendments to the ICSID conciliation mechanism, the article analyzes key differences and similarities between ICSID Convention arbitration and ICSID Convention conciliation, before providing an overview of the amendments proposed to the conciliation framework and offering some conclusions. Subsequently, the article reviews the background against which the ICSID Mediation Rules have been developed and sets out the key differences and similarities between ICSID’s existing conciliation process and the newly proposed mediation mechanism. The article then provides a comprehensive overview of the Mediation Rules before offering conclusions and a positive outlook for amicable investor-State Dispute Settlement.
32
Goodman, Ronald E. M. "Conciliation, Mediation and Dispute Resolution." Proceedings of the ASIL Annual Meeting 90 (1996): 75–78. http://dx.doi.org/10.1017/s0272503700085803.
33
Ni Putu Yunika Sulistyawati, Anak Agung Linda Cantika, and I Made Dwi Satria Wiguna. "TINJAUAN YURIDIS PENERBANGAN LAYANG-LAYANG YANG MENGAKIBATKAN KERUSAKAN BARANG ORANG LAIN." Kerta Dyatmika 19, no. 2 (September 22, 2022): 75–86. http://dx.doi.org/10.46650/kd.19.2.1298.75-86.
Анотація:
Kegiatan bermain layang-layang dapat merugikan orang, seperti putus dan menyangkut di gardu listrik, menyebabkan kerusakan pada barang orang lain, dan membahayakan kegiatan penerbangan maka menjadi hal yang perlu diatur dalam hukum. Dari pada latar belakang penelitian ini mengangkat rumusan masalah yaitu bagaimanakah tinjauan yuridis penerbangan layang-layang yang mengakibatkan kerusakan barang orang lain dan upaya hukum yang dapat dilakukan oleh korban perusakan barang akibat penerbangan layang-layang yang merusak barang milik orang lain. Jenis penelitian ini adalah menggunakan jenis penelitian hukum yang bersifat normatif, yaitu pendekatan melalui perspektif norma-norma yang telah ada atau dengan kata lain merupakan penelitian berupa inventarisasi perundang-undangan yang berlaku.Kesimpulan dalam penelitian ini yaitu tinjauan yuridis terhadap penerbangan layang-layang yang merusak barang milik orang lain diatur dalam Kitab Undang-Undang Hukum Pidana (KUHP) yaitu kejahatan pengrusakan dan penghancuran benda (verneiling of beschadiging van goerderen), pasal 406 sampai dengan 412 mengatur tentang kejahatan-kejahatan yang mengandung unsur merusak atau tingkah laku yang mengandung sifat demikian terhadap suatu harta benda dan Upaya hukum yang dapat dilakukan oleh korban perusakan barang akibat penerbangan layang-layang yang merusak barang milik orang lain, yaitudengandua acara yaitu dengan litigasi dan non-litigasi dimana non-litigasi dilakukan dengan Alternatif Penyelesaian Sengketa (APS) atau Alternative Dispute Resolution (ADR) dimana penyelesaian perkara diselesaikan dengan konsultasi, negoisasi, mediasi, konsiliasi, penilaian ahli.
The activity of playing a kite can harm people, such as breaking and getting stuck in an electric substation, causing damage to other people's goods, and endangering aviation activities, so it is something that needs to be regulated by law. From the background of this research, it raises the formulation of the problem, namely how is the juridical review of kite flights that result in damage to other people's goods and legal remedies that can be taken by victims of damage to goods due to kite flights that damage other people's property. This type of research is using normative legal research, namely an approach through the perspective of existing norms or in other words a research in the form of an inventory of applicable legislation. other people's property is regulated in the Criminal Code (KUHP), namely the crime of destroying and destroying objects (verneiling of beschadiging van goerderen), articles 406 to 412 regulate crimes that contain destructive elements or behavior that contains such characteristics. against a property and legal remedies that can be taken by victims of damage to goods due to kite flights that damage other people's property, namely with two events, namely litigation and non-litigation where non-litigation is carried out with Alternative Dispute Resolution (APS) or Alternative Dispute Resolution n (ADR) where the settlement of cases is resolved by consultation, negotiation, mediation, conciliation, expert judgment.
34
Ivanova, Ekaterina A., and Galina S. Sheremetova. "Conciliation Procedures: Issues of Application in a Civil Procedure." Arbitrazh-civil procedure 11 (October 29, 2020): 24–26. http://dx.doi.org/10.18572/1812-383x-2020-11-24-26.
Анотація:
The article is devoted to some leading issues that appeared both before and during the modernization of the civil procedure in the area of the conciliation procedures development. Firstly, the authors analyzed the issue of including the conciliation (mediation) period in the general period of the trial, as well as the issue of unification of the conciliation periods application in civil and commercial procedures, administrative proceedings and legislation on mediation. Secondly, the authors kept up to date the issue of popularizing conciliation procedures among citizens, the solution of which is proposed to be achieved by teaching special skills of the judiciary for the effective implementation of conciliation in the civil procedure.
35
Knieper, Judith. "The Making of the UNCITRAL Mediation Framework." BCDR International Arbitration Review 6, Issue 2 (December 1, 2019): 239–60. http://dx.doi.org/10.54648/bcdr2019002.
Анотація:
The UNCITRAL mediation framework consists of the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention on Mediation, the UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation, 2018 (amending the Model Law on International Commercial Conciliation, 2002) and the Conciliation Rules.The UNCITRAL mediation framework will be supplemented by updated mediation rules as well as notes on mediation, which are currently on UNCITRAL’s agenda. This framework is the result of the typical inclusive and transparent UNCITRAL drafting process and will hopefully contribute to the strengthening of mediation worldwide and make it an attractive and flexible dispute resolution tool.
36
Makarenko, Natal'ya Nikolaevna. "Settlement and other results of the procedure of judicial conciliation." Юридические исследования, no. 8 (August 2020): 1–11. http://dx.doi.org/10.25136/2409-7136.2020.8.33745.
Анотація:
This article is dedicated to the question of the essence of a settlement within the framework of judicial conciliation procedure. The issue is being explored from comparative perspective, where the essence of a settlement within the framework of judicial conciliation procedure is compared to the essence of a similar institution in terms of mediation procedure. The work examines legal precedent and doctrinal opinions of experts on the issues of legal essence of judicial conciliation as ones established by judicial and non-judicial procedure of conciliation. The author highlights the key aspect of the procedure of judicial conciliation in relation to reaching a settlement, including the rights and obligations of the parties to the process from one side, and the court on the other. The conclusion is made that the legal nature of settlement represents a mixture, comprised of elements of material (civil law), as well as procedural (civil procedure) law. A claim is made that within the framework of the judicial conciliation procedure, the legal nature of a settlement contains more procedural law elements than that of mediation procedure, which is explained by the broader authority of the court and correlating reduced authority of the parties than in terms of a mediation procedure.
37
CHEKULAEV, SERGEY. "Some problems of applying conciliation procedures in the resolution of corporate disputes complicated by a foreign element." Public Administration 23, no. 1 (2021): 56–64. http://dx.doi.org/10.22394/2070-8378-2021-23-1-56-64.
Анотація:
The article describes the perspectives for using mediation to resolve corporate disputes complicated by a foreign element, when it is necessary to resolve possible conflicts by reaching consensus between the parties. When using conciliation procedures, one should consider different states of the relevant national legislation and regional international agreements, and also take into account not only the interests and interpretation of the problem situation from the position of the participant – the party to the dispute, but also the legislative regulation based on the current legal framework. One problematic issue in this area is the existence of several legal approaches. Cooperation is often complicated by the likelihood of a negative outcome. Conflicts of interest can lead to unwanted consequences. One of the most effective ways for settling conflicts is the use of conciliation procedures: negotiations, mediation, mediation and judicial conciliation, as well as other procedures that do not contradict the current legislation. In general, mediation is seen as a flexible process that supports the autonomy of the parties, legal and non- legal approaches to problem solving and creative individual solutions. In addition, the issue of choosing conciliation procedure for resolving a dispute can be resolved by participants in corporate relations even before the conflict arises by fixing a mediation clause in the local documents of the organization.
38
Schmidt, Gustavo, and Juliana Bumachar. "Prior Corporate Insolvency System - previous mediation and conciliation." REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION 4, no. 7 (July 15, 2022): 103–18. http://dx.doi.org/10.52028/rbadr.v4i7.7.
Анотація:
This paper addresses, from a theoretical and dogmatic perspective, the new legal doctrine applicable to previous mediation and conciliation in the reorganization of companies in difficulty. The central argument is that mediation (and all other non-adversarial methods of conflicts) can contribute significantly to making recovery plans more transparent. Therefore it allows for realistic and sustainable reorganizations plans, adapts to the interests of creditors and the company, and increases the commitment of all stakeholders to the company's recovery. Keywords: mediation; conciliation; alternative dispute resolution. company reorganization; Act nº 14.112/2020.
39
Rebayla, Ethel Jhoann T., Joan M. Segre, Maria Antoniette V. Rojas, and Waliza Indita. "Effectiveness of Conciliation Mediation in Regional Arbitration Branch – National Capital Region." International Journal of Multidisciplinary: Applied Business and Education Research 4, no. 1 (January 19, 2023): 222–49. http://dx.doi.org/10.11594/ijmaber.04.01.21.
Анотація:
This study aimed to determine the Effectiveness of Conciliation Mediation in Regional Arbitration Branch – National Capital Region. It employed the descriptive-quantitative method of research using the researchers-made instrument to gather data from the 60 employees of the National Labor Relations Commission. They served as respondents to the study. The researcher personally distributed the tool using the random sampling technique because the researchers distributed the questionnaire to every member of the population and gave them an equal chance of being selected. It was discovered that most respondents were in the age range of 51-60 years old and above, female, married, and 26 years and above in the government service. When the effectiveness of the conciliation medication was tested, the result yielded that the Conciliation Mediation Process, Duration of the Process, Conciliator Mediator Skills, and Termination of the Conciliation Mediation Process in terms of efficacy, efficiency, and reliability were highly effective. Taking into account the result of the study, it was recommended that regular training for conciliators mediators should be conducted so that their skills in settling preliminary labor disputes may be enhanced and which will result in more future settlements between the parties involved. It is also recommended that the conciliator mediators increase their commitment to accommodate all requests and possible assistance to our laborers. It is likewise prudent to train new and incoming conciliator mediators so that as early as now, they will be given a chance to experience and explore handling conciliation mediation.
40
Kutsenko, Tatyana Mikhailovna. "On implementation of the models of judicial mediation in the administrative process." NB: Административное право и практика администрирования, no. 4 (April 2021): 48–54. http://dx.doi.org/10.7256/2306-9945.2021.4.37390.
Анотація:
This article examines the possibility of implementation of the models of judicial mediation tested in international practice applicable to administrative disputes. Analysis is conducted on the models of judicial mediation, their merits and flaws. The author outlines the spheres and categories of administrative cases that may require judicial mediation, as well as provides original perspective upon the problem. The integration of mediation into judicial process is feasible not only as a separate procedure – a number of countries features such mediation technique as in-house-mediation, which represents a peculiar approach towards establishing dialogue between the parties to the case aimed at conflict resolution within the framework of judicial proceedings. The analysis of the existing points of view in scientific literature reveals the following criteria that ensure the possibility of implementation of conciliation procedures in the administrative process: absence in the law of a direct ban on the use of mediation procedures; absence of violations of public interest along with observance of the rights and legitimate interests of other parties; competence of the official to conduct conciliation procedure set in the regulatory framework; normative legal consolidation of the possibility of conducting conciliation procedure; strict adherence by the official to the objectives determined by their competence and professional activity (objective, subjective, territorial, and temporal).
41
Tyumeneva, Natalia Vl. "Conciliation procedures in procedural law and legislation (on the example of judicial mediation and judicial reconciliation)." Law Нerald of Dagestan State University 43, no. 3 (2022): 123–29. http://dx.doi.org/10.21779/2224-0241-2022-43-3-123-129.
Анотація:
The article examines the role of conciliation procedures in civil, arbitration and administrative processes, as well as the specifics of judicial mediation and a new conciliation procedure – judicial reconciliation with the participation of a judicial conciliator. It is noted that the institutionalization of conciliation procedures and the expansion of their types are necessary to optimize the judicial process and strengthen its dispositive principles. A comparative analysis of judicial mediation and judicial reconciliation is carried out. The article considers the unity of their principles, consensuality, partial integration into the judicial process, non-jurisdictional nature; the active role of the mediator and the judicial conciliator during the mediation and judicial reconciliation procedure; a high degree of self-regulation by the parties. The differences between judicial mediation and judicial reconciliation in the order of conduct are substantiated, as well as the differences in the legal status of the mediator and the judicial mediator are explained. The necessity of fixing the measures of responsibility for the judicial conciliator in the implementation of the judicial reconciliation of the parties is substantiated. The conclusion is made about the prospects of mediation and judicial reconciliation in the legal system of Russia.
42
Ruscalla, Gabriele. "Latest developments in conciliation and mediation in investor-state disputes." Revista Brasileira de Arbitragem 16, Issue 63 (October 1, 2019): 96–112. http://dx.doi.org/10.54648/rba2019033.
Анотація:
Over the last decades, investor-State disputes have drastically increased in number. Most of these disputes are resolved through arbitration. The increase of the arbitration proceedings in investor- State matters is due to the high number of bilateral investment treaties and free trade agreements (“IIAs”) containing an arbitration clause which the dispute is based on. IIAs do not include only arbitration clauses: they also offer the parties other ways to settle their disputes through negotiation, conciliation and mediation. Research today suggests that conciliation and mediation have been rarely used in investor-State dispute resolution. The purpose of this article is to investigate the reasons why ADRs are still underused in the settlement of investor-State disputes, by analysing its pros and cons. The author will look into the current international legal instruments dealing with conciliation and meditation in investor-State disputes and will analyse the latest developments in the field. The article does not conclude that alternative dispute resolution methods should replace arbitration in investor-State matters: it rather suggests that, depending on the circumstances of the case, conciliation and mediation might be efficient mechanisms to settle disputes, alone or alongside arbitration procedures.
43
Makarchuk, Zlata V., and Thi Kieu Oanh Vu. "Implementation of conciliation proceedings in Vietnam." RUDN Journal of Law 26, no. 2 (May 28, 2022): 448–63. http://dx.doi.org/10.22363/2313-2337-2022-26-2-448-463.
Анотація:
The adoption in Vietnam in 2020 of the "Law on mediation and negotiations in court" was a significant event, indicating the preservation and development of the legal and cultural traditions of the country, as well as the reasonable use of the experience of other states in the field of reconciliation of disputing parties. The named Law has a wide range of application. The purpose of the study is that the author gives an overview of the conciliation procedure in the Vietnamese courts, and carefully analyses individual issues, especially the problems arising from the lack of a unified approach to the procedure for recognizing the results of the conciliation procedure by court. The methodological basis of the study is the methods of consistency, analysis, and synthesis. The authors conclude that the introduction of mediation in court has brought many positive results: disputes and lawsuits have been successfully resolved and negotiated. The article provides a general overview of the mediation procedure in the Vietnamese court, and carefully analyses individual problems arising from the lack of a unified approach to the procedure for recognizing the results of the conciliation process by court.
44
Pervukhina, S. I. "Judicial Conciliation and Mediation: Correlation Problems and Development Prospects." Rossijskoe pravosudie 7 (June 25, 2021): 35–44. http://dx.doi.org/10.37399/issn2072-909x.2021.7.35-44.
Анотація:
This article is dedicated to the issue of the correlation between judicial conciliation and mediation. The author compares these two conciliatory procedures according to the following criteria: organizational and legal framework, key goals and objectives; legal status of the person assisting the parties in resolving the dispute and their role and function/competence in the procedure; the peculiarities of the procedural form; the court role in organizing and performing conciliatory procedures after a trial being initiated. As a result of the comparison, the author comes to the conclusion that judicial conciliation and mediation are overlapping, which may have the negative effect on the development of the amicable dispute resolution as a legal institute. The author formulates the suggestions regarding the further development of the judicial conciliation model in order to attract the disputing parties' interest to this procedure and to raise its efficiency as the judicial load optimizing instrument.
45
Salmina, Svetlana G. "ON MEDIATION INSTITUTE IN CRIMINAL PROCEDURE." Yugra State University Bulletin 13, no. 1-2 (March 15, 2017): 122–25. http://dx.doi.org/10.17816/byusu2017131-2122-125.
Анотація:
The article considers some aspects of mediation in criminal procedure. The author has defined the author’s notion “mediator”. Special attention is paid to conciliation procedure in criminal procedure legislation. There are examples of use of mediation services in educational institutions of the Russian territorial entity
46
Mareschal, Patrice M. "Insights from the Federal Mediation and Conciliation Service." Review of Public Personnel Administration 18, no. 4 (October 1998): 55–67. http://dx.doi.org/10.1177/0734371x9801800405.
47
Romanov, Andrey A. "On Some Relevant Issues of Mediation and Judicial Representation in a Civil and Arbitration Procedure." Arbitrazh-civil procedure 2 (February 11, 2021): 51–54. http://dx.doi.org/10.18572/1812-383x-2021-2-51-54.
Анотація:
The article is devoted to topical issues of conciliation procedures, mediation in connection with the institution of legal representation and law costs. The problematic aspects that hinder the wider application of the mediation procedure are stated, the ways of improving the legislation are proposed.
48
Zabikh, Sh A., and K. Zh Zabikh. "CONCILIATION PROCEDURES IN CIVIL PROCEEDINGS IN KAZAKHSTAN IN MODERN CONDITIONS." Bulletin of Kazakh Leading Academy of Architecture and Construction 84, no. 2 (June 15, 2022): 389–403. http://dx.doi.org/10.51488/1680-080x/2022.2-43.
Анотація:
In this article, the author considers alternative ways to resolve disputes, that is, the use of conciliation procedures to resolve conflict situations in civil proceedings. The traditional way of resolving disputes has been and remains the judicial procedure, which is enshrined in the legislation of most states and is a guarantee of respect for human and civil rights. But the author considers conciliation procedures for resolving a dispute in a civil process by concluding a settlement agreement. Also, special attention is paid to resolving the dispute through mediation. The previously existing types of alternative dispute resolution procedures have been supplemented by participatory procedure and judicial mediation.
49
Zhang, Junyi, and Ranran Wang. "The Impact of the Singapore Mediation Convention and its Adaptation Study in Our Country." Frontiers in Humanities and Social Sciences 2, no. 12 (December 21, 2022): 27–34. http://dx.doi.org/10.54691/fhss.v2i12.3128.
Анотація:
The United Nations Convention on International Commercial Conciliation and Reconciliation Agreements (hereinafter referred to as the Singapore Conciliation Convention), for the first time in the form of an international convention, gives legal enforceability to the international commercial reconciliation agreements reached after the investigation, so as to break the dilemma of difficult implementation of the settlement agreements in the international arena. However, this is extremely inconsistent with China's legal provisions and long-standing legal concepts. According to Chinese law, the settlement agreement does not have the enforcement force of legal effect, and it can be enforced only after being reviewed by the court or other institutions. This is where the contradiction between the Singapore Mediation Convention and China arises. The promulgation of the Singapore Mediation Convention has brought impact and opportunities to China's commercial mediation agreements. We must improve China's commercial mediation system so as to link up with the Convention. This paper uses the methods of literature analysis, value analysis and historical analysis to analyze the major difficulties of China's accession to the Singapore Mediation Convention, and to improve the review and implementation procedures to overcome the possibility of seeking the application of the Singapore Mediation Convention in China.
50
Ivanova, Ekaterina, Galina Sheremetova, and Elizaveta Solomeina. "Judicial Conciliation: Conditions for Effective Development." SHS Web of Conferences 134 (2022): 00099. http://dx.doi.org/10.1051/shsconf/202213400099.
Анотація:
The article examines the problems of effective improvement of a new conciliation procedure in the Russian litigation-judicial reconciliation. The study was carried out based on the results obtained during legal experiments on the integration conciliation procedures into civil proceedings, which took place in the Sverdlovsk region in 2011 – 2014 and in the Lipetsk region – in 2013 – 2014. The study analysed the possibility of attributing judicial conciliation to the models of conciliation procedures (private or integrated). Authors concluded that it is impossible to classify judicial conciliation as only one certain model due to the presence of features from both private and integrated models of conciliation procedures. The authors carried out comparative analysis between the judicial conciliation and mediation. Overall, the conclusion is the following - the requirements for a mediator and for a judicial conciliation should be identical in terms of qualifications. In order to obtain qualifications, a judicial conciliator must undergo special training. The implementation of the set out conclusions on the need for special training of judicial conciliators will lead to an increase in the effectiveness of the application of the judicial conciliation procedure and, as a consequence, to a caseload decrease.