The 7 questions
On 20 December 1995 an INTER-PROFESSIONAL AGREEMENT was signed between trade unions and employers, resulting in TAMIB. This agreement was published in BOCAIB on 6-02-1996.
TAMIB is an extra-judicial body with equal representation intended to provide solutions, conciliation and arbitration in different labour disputes, whether they are individual, collective or plural, seeking resolutions that are as flexible, simple and effective as possible.
TAMIB is regulated by the 2nd Inter-professional Agreement on the renovation and promotion of the “Tribunal d’Arbitratge i Mediació de les Illes Balears” (Balearic Islands Arbitration and Mediation Tribunal) of 12 January 2005 (BOIB 3-02-2005). These regulations are stable and there is no time limit on them.
TAMIB embodies the declared will of employers and workers to reach agreements to offer solutions to labour disputes, noting the undoubted advantages of mediation, conciliation and, in certain cases, arbitration, for both parties.
Based on the idea that it is a body for relations between workers and employers and a meeting point to resolve particular labour disputes, TAMIB is structured on two levels: MEDIATION and ARBITRATION.
Through Mediation and the consequent conciliatory action involved, a group of mediators, with equal representation of employers and unions, specialising in labour relations, will try to reach an agreement between the parties in conflict by suggesting a solution to them based on equity or law.
With Arbitration, which can arrive through a direct request or when a solution to the conflict is not reached through mediation, an impartial judgment is obtained, based on equity or law and delivered by one or more arbitrators, which puts an end to the labour conflict.
The basic principles regulating its operation are that it is free, with procedural equality, impartiality, autonomy, oral proceedings, immediacy, hearings and the right to contradiction.
TAMIB is a body with equal representation; that is, it is made up of representatives of employers and workers’ trade union organisations. To carry on its activity, it depends on a Body of Mediators and a Body of Arbitrators.
The Mediators are appointed by the trade union and employers’ organisations that have established TAMIB, and they form a group of people with proven experience in the world of labour relations in the area of our Autonomous Community. The mediators’ knowledge and professional experience is made available to the parties in conflict in order to achieve a solution.
The body of Labour Arbitrators is also made up of people of proven and recognised experience and knowledge in the field of labour relations, unanimously appointed by the organisations making up TAMIB. The Arbitrators resolve, in Equity or Law, the issue producing the conflict submitted by the parties.
The following can go to TAMIB:
Workers, individually, on their own behalf, in cases of individual disputes. This excludes Civil Servants and Self-employed Workers.
Unitary and/or trade union Unitary Labour Representatives of workers at companies: Staff Representatives, Company Committees and Trade Union Sections at companies, when collective company or small-scale disputes are involved.
Employers with workers when the collective dispute involves a Company or is on a small scale.
The Trade Union and Employers’ Organisations making up TAMIB, directly or via any of their organisations or branch, sector or territorial associations, on their own behalf or on behalf of their affiliates.
Trade Union and Employers’ Organisations that have signed the Inter-professional Agreement and TAMIB Regulations.
Trade Union and Employers’ Organisations involved in the conflict who so request.
Of course, the Individual or Collective Conflict must occur or have an effect in the area of our Autonomous Community.
Generally, TAMIB has competence to carry out the procedures to resolve individual, plural and collective labour disputes, concerning both the application and interpretation of regulations and those involving interests of any kind arising between employers and workers or their respective organisations.
Specifically, TAMIB has the following competences:
Conciliation to prevent court action: Acting as a conciliation body, both in individual conflicts (art 63 of the LPL), as groups (art 154 of the LPL), replacing the public administrative instance.
Intervention in Collective and Plural Conflicts: TAMIB can carry out its auto-composition and/or arbitration activity, in the following situations:
Conflicts deriving from the Application and/or Interpretation of a Collective Agreement.
Collective or plural conflicts arising in cases of Geographical Mobility, Substantial Changes to Working Conditions, Suspension or Group Dismissal.
In the Negotiation of Collective Agreements.
In Salary Opt-out circumstances.
In Strike and Lock-Out circumstances to achieve a solution in these situations, and also to reach agreements to Set Maintenance and Safety Services during a Strike.
Intervention in Individual Disputes: TAMIB can also intervene in individual conflicts involving the following matters:
Professional Classification and Carrying Out Jobs in Higher and Lower Categories.
Individual Fixing of dates for enjoying Holidays.
Geographical Mobility and Changes of Work Centre.
Recognition of Length of Service.
Substantial Modification of Job Conditions.
Recognition of Leave of Absence, Permissions and Licences.
Working Days, Duration, Breaks, Public Holidays and Overtime.
Flexible Hours and Shifts.
Extinction of contracts and dismissal.
If Mediation is involved, the legitimated party must write a simple Introductory Report providing sufficient details so that the nature of the conflict and its extent can be appreciated. The absence of any of the required content of the report does NOT prevent the summons of the parties, and the gap can be filled in at a later phase.
If Arbitration is required, the action is different depending on the situation:
Direct Request for Arbitration. In this case, an arbitration agreement is required.
Express agreement to submit to Arbitration, once mediation has been exhausted without agreement, carried out before TAMIB.
In cases of Mediation:
In a Collective Dispute, the Agreement adopted by the legitimated parties will be as effective as Collective Agreements.
In Individual Disputes, the effects of the Agreement will be enforceable between the parties involved, without the need for ratification before a Judge or a Court, and may be put into effect via the Decision Enforcement procedure.
In all cases of Arbitration, the Decision given will be binding and enforceable for the parties from the point when it is given.
They may be taken before all kinds of Official Bodies as documents with the aforementioned effects.