Considerations Regarding the Legal Regulation of Collective Bargaining within the Framework of Labor Relations Cover Image

Considerations Regarding the Legal Regulation of Collective Bargaining within the Framework of Labor Relations
Considerations Regarding the Legal Regulation of Collective Bargaining within the Framework of Labor Relations

Author(s): Radu Ștefan Pătru
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: EDITURA ASE
Keywords: collective bargaining; Law no. 62/2011 (on Social Dialogue); lege ferenda proposal;

Summary/Abstract: Collective bargaining plays an important role in ensuring a balance between employers and employees in labor relations and for achieving the social peace. Law no. 62/2011 (on Social Dialogue) has significantly changed the legal status of collective bargaining. News are: raising the threshold for representation for trade unions at the level of half plus one of the employees in the unit, the impossibility of concluding the collective labor agreement to national level and regulation for the first time of other agreements, conventions and arrangements as art. 153 of Law no. 62/2011 (on Social Dialogue). These legislative provisions are not likely to encourage collective bargaining, this being confirmed by the small number of collective agreements concluded at sector and group of units under the rule of Law. 62/2011. In this study we intend to present the lege ferenda proposals that could revive the conduct of collective bargaining in labor relations.

  • Issue Year: 2018
  • Issue No: 3
  • Page Range: 25-38
  • Page Count: 14
  • Language: English