Forms and causes of labor disputes

• Author: Denada Keçiçi - Eneida Sema
• Position: Faculty of Law of University of Tirana
• Pages: 74-80

Vol. 2 No. 2

July 2016

Academic Journal of Business, Administration, Law and Social Sciences

IIPCCL Publishing, Tirana-Albania

ISSN 2410-3918

Acces online at www.iipccl.org

74

Forms and causes of labor disputes

LL.M Denada Keçiçi

Faculty of Law of University of Tirana

Prof. asoc. Dr. Eneida Sema

Faculty of Law of University of Tirana

Abstract

Labor disputes can be small or large, individual or collective, refer to a particular job or lie in

more than one enterprise. The causes of these disputes are numerous and diverse, ranging

from a simple appeal of one individual employee for the right of compensation, in a collective

complaint of the employees about the unsafe or unhealthy conditions of work, or termination

ofworkbyallemployeesinaworkplaceclaiming thattheyarepreventedfromseingupa

union to protect their interests.

The product of this process is a binding agreement for its implementation and is the result of

ongoing cooperation between employees and employers based on consensual decision.

Organizationsofemployees areimportant actorsofcollectiveconictresolution procedures

oflaborrelationsandparticularlythoseheldintheocesofreconciliationshouldrevitalize

their role.

Keywords: disputes, employee, employer, relationship, work.

Introduction

Labor disputes are resolved quickly, such as when a supervisor explains to an

employee how his salary is calculated based on his payment and this explanation is

accepted by the employee. In this case the problem is solved and the dispute is over.

However, some disputes require more time to resolve. For example, a complaint

about unsafe or unhealthy work conditions by a group of employees can not be

resolved immediately. If the complaint is about the lack of guards on machinery or

the presence of excessive dust or high noise levels in a particular section of the factory,

the employer may not be able to resolve this situation immediately. It is possible that

the employer and the employee may not agree on the existence or not of a risk, on

the severity of the risk and on how to minimize risk. It may be necessary for the

employer to require the advice of a specialist on safety and health at work, but while

theproblem persiststheconict ispresentand thereisa possibilitythatthe work

may be stopped or taken at some other form of industrial action.

1.1 Resolving disputes at work

Usually there are four approaches to dispute resolution, namely:

• avoid, when one side simply does not address the dispute;

• power, when one party uses force and coercion for the other party to do what