Guinea

CHAPTER III: ARBITRATION
Article 433.1: Without prejudice to the provisions relating to conciliation, the procedure
arbitration can be implemented at any time, either at the request of one of the parties to the
conflict, or at the request of the Minister responsible for Labour, if the strike or lockout occurring
in a period of acute national crisis is likely to be detrimental to public order or to
the general interest. The same applies when the conflict affects an essential service whose
the interruption risks endangering, in all or part of the population, the life, liberty,
safety or health of persons and which implies that the provision of a service is guaranteed
minimum to avoid the risk.
In all cases, the arbitration procedure thus implemented is binding on both parties and
suspends the conciliation procedures previously initiated.
Article 433.2: Arbitration is ensured by the jurisdiction in charge of labor territorially
competent. In the event of multiple locations resulting in a conflict of jurisdiction, the Minister of
court means the competent court. The Minister in charge of Labor appoints his representative
with the agreement of the parties to the conflict and benefiting from their confidence on the occasion of each
arbitration. He participates in all hearings in an advisory capacity.
Article 433.3: The arbitration procedure is free. The costs incurred by the procedure,
including travel costs, expert fees, loss of wages or salary, are
supported by the national budget. The persons and experts who may be called upon to
arbitration proceedings are bound by professional secrecy.
Article 433.4: The Tribunal in charge of arbitration has the broadest powers to
find out about the situation of the workers involved in the dispute. He can do all
business and union surveys, requiring parties to produce any
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document or information of an economic, accounting, financial, statistical and
administrative likely to be useful for the accomplishment of the mission. He can resort
to the offices of experts and all qualified persons likely to enlighten it.
Article 433.5: The Arbitration Tribunal cannot rule on matters other than those determined
by the notification of the strike notice or the report of non-conciliation, or those which,
resulting from events subsequent to the establishment of said minutes, are the consequence
directly from the current dispute.
It adjudicates in law on disputes relating to the interpretation and execution of laws, regulations,
collective agreements and establishment agreements in force.
It decides fairly on other disputes, in particular when these relate to the
compensation or working conditions, as well as disputes relating to bargaining and
revising the clauses of collective agreements.
Articles 433.6: The Tribunal in charge of arbitration must rule within twelve days
working; this period may be extended by eight working days at the joint request of the
parties to the conflict.
The arbitration award must be reasoned. It is notified without delay to the parties by the inspector
work.
“CHAPTER IV: EXECUTION OF CONCILIATION AGREEMENTS AND AWARDS
ARBITRAL
Article 434.1: The execution of the conciliation agreement is mandatory and, unless otherwise provided
contrary, takes effect from the day of its signature.
The conciliation agreement is subject to display and publicity measures in the same
conditions as the collective agreement and produces the same effects with regard to the parties.
Article 434.2: At the end of a period of three working days from the notification and if
none of the parties has expressed their opposition, the arbitral award becomes enforceable
on the day of its notification.
The arbitral award that has become enforceable is subject to the same measures of publicity and
only the judgments of the court responsible for the work and the collective agreement; she
produces the same effects with regard to the parties.
The arbitration award that has become enforceable immediately puts an end to the strike and the lockout.
Article 434.3: The opposition formulated by one of the parties within three working days of the
notification, on pain of nullity, is introduced before the highest judicial authority. This appeal
in cassation is introduced in the forms and conditions provided for by the Code of Civil Procedure.
Article 434.4: Opposition formulated within the legal period provided for in the previous article suspends
enforcement of the arbitration award.
However, in the event of opposition by one of the parties, the arbitration award may be
made enforceable by the Council of Ministers, which is seized of the conflict by the Minister in charge
Labor in the following cases:
1°- Arbitration rendered at the request of the two parties to the dispute;
2°- Conflict likely to compromise the normal development of the national economy;
3°- Strike in services whose interruption may endanger the life, safety and
people’s health;
4°- Period of acute national crisis.”