If at any time an employer or a collective bargaining agent finds that an industrial dispute has arisen or is likely to arisen, the employer or, as the case may be, the collective bargaining agent may communicate his views in writing either to the works council or to the other party. Where the views are communicated to the works council, a copy of the communication shall be sent to the other party. On receipt of the communication the works council or the party receiving it shall try to settle the dispute bilateral negotiations within 10 days or within further period as may be agreed upon by the parties in commercial law. If the parties reach a settlement, a memorandum of settlement shall be recorded in writing and signed by both the parties and a copy thereof shall forwarded to the conciliator and other authorities of corporate law. Where a settlement is not reached between the employer and collective bargaining agent or if the views of the employer have been communicated to the works council there is a failure of bilateral negotiations in the works council under commercial law. The employer or the collective bargaining agent may, within 7 days from the end of the period serve on the other party to the dispute a notice of lock out strike as the case may be in corporate law. Where a party to an industrial dispute serves a notice of strike or lockout, it shall send a copy of the notice to the conciliator who proceed to conciliate in the dispute and to the labor court according to corporate law.
A contract is an agreement that creates and defines obligations between the parties that are involved in the agreement. Contract should be valid. In a valid contract law all the parties are legally bound to perform the contract. Thus a contract can be formed by either of the parties. If the one of these parties refused to perform according to the contract the other parties do have the authority to enforce it by the court.
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