Registered Case Trend

The below figure shows number of cases registered at the AC from January 2016 to December 2018.

Figure 1. Case registered trend for the period of 2016 to 2018

Figure 1 indicates a remarkable change in trend of collective labour dispute case registered at AC for the period of 2016 to 2018. Since the AC’s inception in 2003, the number of cases registered monthly stood at 20 on an average. The number was plummeted sharply to about five cases per month after the Trade Union Law was fully effective in September 2016. This trend continues to be low until the end of 2018. However, there have been a jump back cases registered to 13 cases in December 2018.

Two Ways in Resolving Disputes

The ACF continues monitoring the development of registered cases and industrial relations (IR) in general to seek appropriate solutions to encountering challenges by playing close cooperation with the Ministry of Labour and Vocational Training (MoLVT) and other key stakeholders.

At the AC, the disputes are settled through conciliation and arbitration. Conciliation addresses about 25% of registered cases and the rest by issuance arbitral awards. The conciliation was done on the set hearing date that was scheduled within a week after the arbitral panel formed. The resolution through arbitral award after the hearing requires significate time for comprehensive research, law analysis, and award writing. Therefore, it concludes that average time in settle dispute at the AC is 22 days in 2018 while it was 17 days in 2017.

Figure 2. Rate of Resolution of Registered Case in 2018

Figure 2 show that in 2018, the cases were addressed through conciliation accounted for twenty-five percent (25%), whereas resolution through arbitral awards accounted for seventy-five percent (75%) – it was significant.   

Dispute Served by the AC

The AC has a role in solving only collective labor disputes specified in the non-conciliation report, which is referred by a conciliator designated by the MoLVT (Article 312 of the Labour Law, 1997). There were many issues settled at the Arbitration Council. The below table show the top twelve issues.

Figure 3. Top Twelve Issues Brought to AC in 2018

Figure 3 presents the three outstanding issues that are related to the food/meal allowance, reinstatement and termination compensation. The other significant issues included a demand for discipline, termination, and transfer; wage increase; annual leave; termination compensation; other bonus and allowance; attendance bonus; skills bonus; and union discrimination.