COURT JURISDICTION IN THE MATTER OF CONFLICTS OF WORK Cover Image
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COMPETENŢA TRIBUNALULUI ÎN MATERIA CONFLICTELOR/LITIGIILOR DE MUNCĂ
COURT JURISDICTION IN THE MATTER OF CONFLICTS OF WORK

Author(s): Adrian Cornel Petrean
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: court jurisdiction; competence; conflict; court; Labour code; social dialogue;

Summary/Abstract: In the matter of labor jurisdiction we are in the presence of a real conflict of laws, given that there are two laws, Law no.53 / 2003 Labour Code and Law No.62 / 2011 of the social dialogue, which regulate the same matters. However, in this article will show that the two laws are not in the position of preeminence and they complement the provisions of the Code of Civil Procedure. However, the article will show the fullness of jurisdiction of the court to resolve labor disputes, particularly those concerning the conclusion, performance, modification, suspension and termination of individual or collective labor contracts. The object of individual labor conflict is the exercise of rights or fulfillment of obligations under individual contracts and collective bargaining agreements or collective bargaining and labor relations of the civil servants, or the law or other regulations. Collective labor conflict occurs between employers and employees and his object is the start, conduct or completion of negotiations on contracts or collective agreements. Lastly, given the fact that the national legislation can be found two terms for labor dispute, I wanted to show that they haven't different meaning but it refers to the same situation arising in the normal course of labor relations.

  • Issue Year: 2016
  • Issue No: 01
  • Page Range: 1061-1066
  • Page Count: 6
  • Language: Romanian