Section 53: Bargaining procedure

53. Bargaining procedure (1) A recognised trade union, a group of recognised trade unions, a joint negotiating panel or an employer may initiate negotiations with a view to reaching a collective agreement, by giving to the other party notice in accordance with subsection (3). (2) Where there exists a collective agreement, the parties to the agreement may initiate negotiations with a view to renewing or revising it, by giving the other party notice in accordance with subsection (3). (3) The notice shall— (a) be in writing and signed by the party giving the notice; (b) specify each of the parties to be involved in the negotiations; (c) set out a summary of the issues to be discussed; and (d) specify the bargaining unit. [Issue 5] E9A – 32 Revised Laws of Mauritius (4) Any party served with a notice under subsection (1) or (2) shall be under the duty to start negotiations within 30 days of the date of receipt of the notice or such longer period as may be agreed by the parties. (5) Where any party refuses to start negotiations within the delay specified in this section, the other party may apply to the Tribunal for an order directing the other party to start negotiations and the Tribunal, on hearing the parties, shall, within 30 days of the date of receipt of the application, make such order as it thinks fit. (6) A party shall comply with an order made under subsection (5) within 14 days of the date of the order.