Labour and Mines Inspectorate

The Labour and Mines Inspectorate is responsible for monitoring the application of the provisions in the area staff delegations.

The Director of the Labour and the Mines Inspectorate is responsible for disputes relating to the electorate and the fairness of elections; his decision may be appealed to the administrative courts, ruling on the merits.

Mediation Commission

Disputes in the area of:

• economic and social entities;
• the right to assistance by advisors and experts;
• withholding of information by employers;
• the right of participation of staff delegations;
• organization and functioning of delegations.

If a certificate is issued by the Labour and Mines Inspectorate and the matter is not resolved within one month of the date of issue of the certificate, it may be referred to a mediation committee set up under a collective agreement, either at company or sector level, or under an agreement on interprofessional dialogue.

This Committee shall be chaired by a mediator appointed by common agreement between the parties in the collective labour agreement or in the agreement on interprofessional dialogue. This mediator may be assisted in this task by a representative of the employer and by a representative of the delegation. The collective agreement or agreement on inter-professional dialogue shall also lay down the procedure to be followed, the time limits to be observed, how costs shall be assumed and other arrangements for implementing this paragraph.

When the company is not covered by a mediation commission, the parties may, within one month of the date of issue of the certificate, refer the matter to the Director of the Labour and Mines Inspectorate who shall convene them within five days with a view to appointing a mediator. In this case, the mediator is chosen by mutual agreement between the parties from a list established for a period of five years, comprising six persons recommended by the Labour Minister and approved by the Cabinet. If the parties do not agree on the mediator, one shall be appointed by drawing lots from the list provided for in the preceding paragraph. The mediator may be assisted by one or more experts. The mediator is assisted by an official to be made available by the Labour Inspectorate to provide administrative secretarial services. Where the mediation does not result in an agreement within three months of the appointment of the mediator, the mediator shall draw up a statement of disagreement for submission to the parties and to the Director of the Labour Inspectorate and Mines.

Note: The Labour Tribunal remains competent to hear disputes that may be submitted to the Mediation Committee, except as regards the participation rights of the staff delegation, which is the sole competence of the Mediation Committee.

Labour Tribunal

Disputes relating to staff delegations which do not fall within the jurisdiction of the Labour and Mines Inspectorate and the administrative courts shall fall within the jurisdiction of the Labour Tribunal, with the exception of disputes relating to a delegation’s right of participation.

Obstruction offence

Any obstruction carried out intentionally to setting up a staff delegation, to the free appointment of its members, to its regular functioning or to the appointment of an Equal Opportunity Officer or a Health and Safety Representative, is punishable fines ranging from €251 to €15,000.

The same applies in the case of obstruction of the appointment of a delegation to an umbrella economic and social entity and of the Health and Safety representative and the exercise of that person’s mission.