The Reconciliation of Labor
Conciliation is one of the alternative means of conflict resolution, also known as MASC. Labor conciliation is a method of assisted negotiation where a third party, WHO IS IMPARTIAL AND NEUTRAL TOWARDS THE PARTIES, and who through dialogue with each of the parties and after listening to them, makes a proposal for an agreement that meets the interests of each of them.
Conciliation as a MASC seeks a just solution to a conflict of interests between the worker and the employer. The conciliatory personnel of the labour authority must be involved with the parties by promoting dialogue and making proposals for solutions to the parties, which are not binding, leaving the worker and employer to accept or reject them.
Moreover, as an alternative means of settling disputes, conciliation in labour matters is one of the emblems of the Labour Reform to the Federal Labour Act of 1 May 2019. This is demonstrated by the establishment and regulation of the Federal Conciliation and Labour Registration Centres and the Local Conciliation Centres, as well as by the second paragraph of section XX of article 123 of the Constitution.
Under the reform referred to in the preceding paragraph, it was established that before going to court, workers and employers must attend the relevant Conciliation Centre to request the conciliation procedure.
During the health emergency caused by COVID-19, various federal and local labor authorities have implemented remote conciliation as a way of resolving conflicts between workers and employers, establishing various mechanisms for their implementation, such as digital platforms for generating videoconferencing between the parties and the assigned conciliator, and considering appropriate health measures.
In any conciliation process in labour matters, the authority must monitor compliance with the principles of certainty, independence, legality, impartiality, equality, reliability, effectiveness, objectivity, professionalism, transparency and publicity. Either in face-to-face or remote reconciliation through digital platforms.
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