Contractul colectiv de muncă si relativitatea efectelor conventiilor (ii)
The labor collective agreement and relativity of contracts (II)

Summary/Abstract: The improvement of the legislative frame concerning the collective labor contracts should ensure a better enforcement of the provisions of Law No. 30/1996 in order to achieve a correct application of the relativity effects of the contract. The procedure for extending the effects of the collective labor contracts to all social partners doesn't provide the conditions for a loyal competition between economic agents. The exceptional character of the collective labor contract as compared to relativity may be underlined depending on the degree of the collective labor contract and depending on the affiliation of the wage worker to the union organization. There is a lack of correlation between the provisions of Art. 13 and those of Art. 11 from Law No. 130/1996 on the collective labor contracts concluded at branch level, meaning that, although the parties have the duty to specify the units within which the negotiated clauses apply, the provisions of collective labor contracts for every branch are applied to all wage workers belonging to that branch. In contrast, in the case of collective labor contract concluded at the level of groups of units, the obligation of specifying the units that are a part of the agreement is correlated to the fact that it only applies to the wage workers belonging to the specified units. We do not believe that it can be held that this is a mere omission, because the lawmaker, where he wished to limit the extension of the clauses from the labor contract (see the level of groups of units), he did it explicily; in the absence of such a limitation, we cannot but ascertain that the obligation provided for the parties in Art. 13 has no sanction, as all wage workers from the units in the respective branch benefit from the advantages of the agreement.

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