MEMORANDUMOF UNDERSTANDING FOR COLLABORATION ON LABOUR DISPUTE PREVENTION AND RESOLUTION("Off. Herald of RS - Treaties", No. 2/2018) |
among
Ministry of Finance and Economy of Republic of Albania
Agency for Peaceful Settlement of Labour Disputes of Republika Srpska - Bosnia and Herzegovina
National Institute for Conciliation and Arbitration of Republic of Bulgaria
Ministry of Labour and Social Policy of the former Yugoslav Republic of Macedonia
Association of Conciliators and Arbitrators in Labour Disputes in Republic of Macedonia APARS Skopje
Agency for Amicable Settlement of Labour Disputes of Montenegro
Ministry of Public Consultation and Social Dialogue, Social Dialogue Directorate of Romania
Republic Agency for Peaceful Settlement of Labour Disputes of Republic of Serbia
FOR COLLABORATION ON LABOUR DISPUTE PREVENTION AND RESOLUTION
1. LEGAL STATUS OF THE PARTIES
1.1. Ministry of Finance and Economy of Republic of Albania
Settlement of collective labour disputes is regulated by the Labor Code of the Republic of Albania through the procedures of mediation and conciliation. Services for mediation and conciliation of collective labor conflicts are provided from the structures of Public Administration in the Ministry of Finance and Economy which is in charge of Labour issues.
1.2. The Agency for Peaceful Settlement of Labour Disputes of Republika Srpska - Bosnia and Herzegovina
The Agency is a public institution established by a special law - Law on Peaceful Settlement of Labour Disputes - in order to resolve labour disputes (individual and collective) and promote other services in the area of social dialogue and collective negotiation.
1.3. National Institute for Conciliation and Arbitration of Republic of Bulgaria
The Institute is a legal entity under the Minister of Labour and Social Policy, with the rank of an executive agency, established by law - Collective Labour Dispute Settlement Act.
1.4. Ministry of Labour and Social Policy of the former Yugoslav Republic of Macedonia
The Ministry is a governmental body established by law within its defined scope of duties and responsibilities, amongst others to provide services for peaceful resolution of labour disputes.
1.5. Association of Conciliators and Arbitrators in Labour Disputes in Republic of Macedonia APARS Skopje
The Association of Conciliators and Arbitrators in Labour Disputes in the former Yugoslav Republic of Macedonia is a legal entity, registered according to the Law on Associations of Citizens and Foundations, with the purpose to serve as a platform for cooperation among conciliators, arbitrators, as well as other institutions for promotion and practice of amicable settlement of labour disputes.
1.6. Agency for Amicable settlement of labour disputes of Montenegro
The Agency is a separate organization with the status of a legal person, established based on a special law in Montenegro, for the purpose of amicable resolution of individual and collective labor disputes, ensuring speedy and efficient labor dispute resolution, through services that are provided free of charge for the parties, with the aim to lift the burder off the courts, ensure harmonization between the social partners and affect labor legislation reform, as the necessary preconditions for social justice.
1.7. Ministry of Public Consultation and Social Dialogue, Social Dialogue Directorate of Romania
The Ministry is a governmental body established by law within its defined scope of duties and responsibilities, amongst others to provide services for peaceful resolution of labour disputes.
1.8. Republic Agency for Peaceful Settlement of Labour Disputes of Republic of Serbia
The Republic Agency for Peaceful Settlement of Labour Disputes has been established as a special organization established by a special law - Law on Peaceful Resolution of Labour Disputes in order to resolve labour disputes (individual and collective), and to promote other services in the area of social dialogue and collective negotiation.
2. THE OBJECTIVE AND SCOPE OF THE MEMORANDUM
2.1. The Purpose of this Memorandum is to promote professional development and enhance collaboration among the bodies responsible for effective prevention and resolution of labour disputes and to set out the terms on which the Parties agree to so collaborate.
2.2. For the purpose of this Memorandum, matters relating to the prevention and resolution of labour disputes include: the creation, assessment or enhancement of dispute resolution mechanisms; the establishment of dispute resolution institutions within a labour administration or related statutory body; building capacity in relation to the conduct of conciliation, mediation or arbitration services; the implementation of case management systems and other national and/or regional information systems or databases aimed at improving knowledge and practice on dispute prevention and resolution; and such other matters as may be agreed by the Parties from time to time.
3.1 The collaboration among the Parties shall take various forms, as agreed to by the Parties from time to time, subject to their institutional requirements and available resources. The key forms of collaboration envisaged by the Parties are as follows:
3.2 The parties shall exchange information, documentation and publications on matters relating to the prevention and resolution of labour disputes, subject to their respective rules of confidentiality and in such forms and arrangements as may be necessary to safeguard the status of confidential material.
3.3 The Parties shall bilaterally or multilaterally engage in capacity building, awareness raising and training activities on matters relating to the prevention and resolution of labour disputes and shall keep the non-participating Parties informed about the outcomes of the concerned activities.
3.4 For this purpose, the parties shall on regular basis exchange knowledge, good practice, know-how, as well as experts in the relevant subject matters.
3.5 The Parties shall seek to initiate, formulate, and mobilize funds including from domestic sources for joint technical cooperation projects in the area of prevention and resolution of labour disputes with the ILO, the EU or other bilateral or multilateral donors and shall keep each other informed about opportunities of bilateral or multilateral technical cooperation.
4.1. Each Party shall inform and consult the other Party(s) whenever there is a need for incurring any expense on the other organization(s) behalf.
4.2. As a general rule, the host party shall bear at least the cost for accommodation and full board of the expert(s) of other Party(s), who are required to participate in the collaborative work.
3. Whenever it is possible, cost co-sharing arrangements will be sought.
5.1. Nothing contained in or relating to this Memorandum will be construed to create a legal partnership, a joint venture, employment relationship among the Parties, and the officials, representatives, employees or sub-contractors of either Party will not be considered in any respect as being employees or agents of the other Party.
5.2. Collaboration under this Memorandum does not imply access to or influence on the governance of decision making structures of either Party.
6. ENTERING INTO FORCE AND TERM OF THIS MEMORANDUM
6.1. This Memorandum enters into force on the date on which this Memorandum is signed by the all Parties and continues until terminated in accordance with its terms.
7.1. This Memorandum may be amended only by written agreement signed by authorized representatives of the Parties.
7.2. Any Party may withdraw from this Memorandum at any time and for any reason, by giving a 30 days prior written notice to the other Parties.
IN WITNESS THEREOF, the authorized representatives of the Parties have signed this Memorandum on the dates written below.
Dajna Sorensen
Deputy Minister, Ministry of Finance and Economy
of Republic of Albania
Date: |
Place: |
Borislav Radić
Director, PI Agency for Peaceful Settlement of Labour Disputes
of the Republika Srpska - Bosnia and Herzegovina
Date: 2 Nov 2017 |
Place: Podgorica, Montenegro |
Vladimir Boyadijev
Director, National Institute for Conciliation and Arbitration
of Republic of Bulgaria
Date: 2 Nov 2017 |
Place: Podgorica, Montenegro |
Mila Carovska
Minister, Ministry of Labour and Social Policy
of the former Yugoslav Republic of Macedonia
Date: |
Place: |
Ilija Manasiev
President, Association of Conciliantors and Arbitrators in Labour
Disputes in Republic of Macedonia APARS Skopje
Date: 2 Nov 2017 |
Place: Podgorica, Montenegro |
Zdenka Burzan
Director, Agency for Amicable Settlement of Labour Disputes
of Montenegro
Date: 2 Nov 2017 |
Place: Podgorica, Montenegro |
Marius-Nicolae Sepi
State Secretary for Social Dialogue Ministry of Public Consultation
and Social Dialogue of Romania
Date: 2 Nov 2017 |
Place: Podgorica, Montenegro |
Mile Radivojević
Director, Republic Agency for Peaceful Settlement
of Labour Disputes of Republic of Serbia
Date: 2 Nov 2017 |
Place: Podgorica, Montenegro |