Arguments for Sustaining the Need to Modify the Legal Status Regarding the Mutual Consent Settlement of Individual Labour Conflicts

• Author: Lavinia Onica Chipea
• Position: Senior Lecturer, PhD, Faculty of Law, Department of Law and Administrative Sciences, University of Oradea, Oradea, Romania
• Pages: 91-102

Abstract: The paper aims to id

settlement of individual labor co

full agreement with the previous

legislation, we consider necessa

main role will be trying to solve

competent court. It also emphas

concepts of regulation contained

widespread use of mediation in

correct the legislative gap created

disputes, which was actually the

amicable settlement procedure o

the legislator support in the

specialization of labor jurisdictio

Keywords: the dispute betwe

commission; mediation

1. Introduction

The ways of solving lega

traditional ways of conflict

ADR understood as Alte

Appropriate Dispute Resol

procedure of solving confl

choose, to decide one amo

1

Senior Lecturer, PhD, Faculty

of Oradea, Oradea, Romania. 26

author: laviniachipea@yahoo.com

JURID

Lavinia ONICA CHIPEA1

identify and itemize the concrete way of intervention regardin

r conflicts, in the Romanian legal system, through alter native wa

ous Romanian legisla tion and with the examples provided by com

ssary to establish a conciliation commission f or each employer, wh

lve the dis pute between the parties in a prior stage before notifyin

hasizes the appropriate legislative intervention in order to rethin

ned in article 38 of the Labour Code and to increase the possibi

in individual labour disputes. The study al so highlights the ne

ated by repealing Art. 76 of Law no. 168/1999 on the settlement of

the only norm of labor law which expressly and directly ref erred

e of individual labor conflicts. The formulated proposals may pr

e course of perfecting, at the level of regulat ion, the proce

tion in the Romanian legal system.

ween the parties; specialization of labor jurisdiction; concil

egal disputes, generally, are divided into two categor

lict resolution and alternative ways of solving them.

lternative Dispute Resolution, or in recent doctrine

esolution (appropriate methods for solving disputes),

onflicts, excluding court. Its purpose is to enable parti

mong several ways of solving disputes and responding

ty of Law, Department of Law and Administrative Sciences, Univ

26 General Magheru St., Oradea. Phone: 0259 408 105. Correspo

com.

AUDJ, vol. 10, no. 1/2014, pp. 9

Arguments for Sustaining the Need to

Modify the Legal Status Regarding th

Mutual Consent Settlement of Individu

Labour Conflicts

RIDICA

91

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think the

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egories:

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. 91-102

eed to

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vidual