It will be published on the website of the Ministry of Economy, Presidency and Business
The Council of Ministers approved yesterday the Regulation of the figure of the mediator in the framework of the collective negotiation at the proposal of the Minister of Economy, Presidency and Business.
In order to respond to the mandate of the 2018 law, the Government approved the regulation to regulate the requirements that must be met to acquire the status of mediator in the framework of collective bargaining, as well as the principles, duties and functions that mediators must respect.
Therefore, it is established that the people who are registered in the Register of mediators can apply to the ministry competent in matters of work, after applying to the Government Procedures Service, as well as incorporate them into the list of mediators in the framework of collective bargaining.
It should be noted that the list of people will be published on the website of the competent ministry in matters of work or in another means of information.
The principles applicable to mediation in the framework of collective bargaining are those provided for in the Mediation Law and the regulations that develop it, and are detailed in the text that the mediator must comply with during the mediation process in the framework of collective bargaining, as of the fact of exercising the function with independence, impartiality and neutrality. In addition, the roles and responsibilities are developed, emphasizing that the mediator must facilitate dialogue and promote understanding between the parties, as well as assist them in order to establish a process that helps find solutions during the negotiation process.
The mediator must also ensure that the parties make their own decisions and have sufficient information and advice to reach agreements in a free manner.
The regulation therefore determines that the cost of the mediation, whether or not it concludes with an agreement, is divided in equal proportions between the parties. The services of the mediator by mutual agreement between the people listed in the list of mediators in the framework of collective bargaining.
In the sensory collective agreements and in the sectoral collective agreements, any of the parties can request the ministry competent in matters of work to appoint a mediator, preferably through the agreement of the parties on the person who must exercise these functions before those listed in the list of mediating persons in the framework of collective bargaining.
It should be remembered that the 2018 labor relations laws recognize the importance of the mediation mechanism.