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

AuthorLavinia Onica Chipea
PositionSenior Lecturer, PhD, Faculty of Law, Department of Law and Administrative Sciences, University of Oradea, Oradea, Romania
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
Senior Lecturer, PhD, Faculty
of Oradea, Oradea, Romania. 26
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
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
ding the
ways. In
r, whose
fying the
think the
ibility of
need to
t of labor
ed to the
ocess of
rine as
s), is a
rties to
ponding to
. 91-102
eed to

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