The labor conciliation is a mandatory step in the proceedings before the Labor Court in most individual labor disputes.
Objective
Attempt to reach an amicable agreement between:
the employee; ;
the employer.
This helps avoid a court ruling and brings the dispute to a swift conclusion.
Who is involved?
The conciliation is conducted by the Conciliation and Guidance Office (BCO) of the Labor Court.
The BCO consists of two labor court judges:
an employee representative; ;
an employer representative.
Labor Court
Related Disputes
For example:
dismissal; ;
unpaid wages; ;
overtime; ;
bonuses; ;
harassment; ;
disciplinary actions; ;
performance or termination of the employment contract.
Procedure
The employee or the employer files a complaint with the Labor Court.
The parties are summoned to appear before the BCO.
The BCO is trying to bridge the gap between the two sides.
Two possibilities:
Agreement
A conciliation agreement is signed.
The agreement is legally binding.
Failure
The case has been referred to the trial division.
Representation
The parties may be assisted or represented by, among others:
a lawyer; ;
a union advocate; ;
their spouse, civil union partner, or cohabiting partner; ;
an employee or an employer in the same industry, in certain cases.
Special Features
The BCO may also:
order the disclosure of documents; ;
make certain provisions (uncontested wages, end-of-employment documents, etc.); ;
refer the case to an appropriate program.