ARBITRATION

Arbitration is an out-of-court collective dispute settlement, and may be voluntary or necessary

The voluntary arbitration depends upon agreement of the parties, the purpose of which is related to labour questions that result, namely from the interpretation, integration, conclusion or review of a collective labour agreement

The necessary arbitration may only occur when, one year has elapsed after the expiry of the collective labour agreements and a new agreement has not been concluded and all means of collective labour dispute settlement have been tried. The necessary arbitration may be triggered by any of the parties, by means of reporting to that one opposing to it and to the Directorate General for Administration and Public Employment (DGAEP)

The arbitration is undertaken by three arbitrators, one appointed by each one of the parties and the third one chosen by these ones. In default of designation DGAEP draws lots for the absent arbitrator/s, in accordance with a legally regulated procedure

The arbitral decision takes the same effects of the collective labour agreement