Article in Accounting and Tax Information Portal (RMP): The possibility of concluding a compromise under Labour Dispute Resolution Act

The Accounting and Tax Information Portal published an article from Law Firm ALTERNA’s attorney-at-law and partner Annika Vait introducing a new Labour Dispute Resolution Act that entered into force in January 2018.

Compared to the previous Labour Dispute Resolution Act, Annika says that now the proceedings of Labour Dispute Committee are more applied the rules from Code of Civil Procedure. Therefore, from many aspects, the rules and principles of civil procedure are transferred to regulate the proceedings in Labour Dispute Committee.

As Annika points out, one of the new amendments is the possibility to conclude a compromise in Labour Dispute Committee that is an enforceable enforcement instrument. According to Section 51 of Labour Dispute Resolution Act, the parties may terminate the proceedings by way of compromise until the entry into force of the decision. The Labour Dispute Committee approves the compromise by a ruling that is an enforcement instrument according to the law. This means that if one party does not fulfil the compromise voluntarily, then the other party can turn to a bailiff, basing on the ruling received from Labour Dispute Committee. The bailiff will commence an enforcement procedure and compulsorily collect what the party owes before the other party.

The full article can be found here http://www.rmp.ee/toooigus/tls/kompromissi-solmimise-voimalus-toovaidluse-lahendamise-seaduses-2018-03-20

as well as from the home page of our good cooperation partner Addenda on https://www.addenda.ee/vandeadvokaat-annika-vait-kompromissi-solmimise-voimalus-toovaidluse-lahendamise-seaduses

Any questions regarding the article can be discussed with Annika on annika@alternalaw.ee or by calling +372 680 6850.

Law Firm ALTERNA