The conciliation of collective labour conflicts

Author:Iulia Badoi
Position:nstitute for Doctoral Studies, Law Department, Bucharest University of Economic Studies
Pages:7-18
SUMMARY

The present article envisages presenting the conciliation as a resolution procedure for the conflicts of interests/collective labour conflicts. The conciliation was stipulated as a resolution procedure for the conflicts of interests/collective labour conflicts even from the first acts that regulated this domain, being foreseen as a mandatory phase within the process of solving this type of... (see full summary)

 
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STUDIES AND COMMENTS
The conciliation of collective labour conflicts
PhD Student Iulia BDOI
1
Abstract
The present ar ticle envisages pr esenting the conciliation as a resolution procedure
for the conflicts of interests/collective la bour conflicts. The conciliation was stipula ted as a
resolution procedure for the conflicts of inter ests/collective la bour conflicts even from the
first acts that regula ted this d omain, being foreseen as a manda tory pha se within the
process of solving this type of conflicts. The subject of conciliation was a pproached before
within the doctrine, from this jur idical institution development point of view, the used
resear ch methods being the observation a nd the comparative a nalysis. The legisla tor
ada pted the pr ocedure for the resol ution of conflicts of interests/ collective labour conflicts
in accorda nce with th e soci al and economic development of the labour r elations and
identified other means of r esolution, such as the mediation, the a rbitrage or the strike,
when the conciliation didn’t lead to the end of the conflict. The present paper aims is to
realize an a ssessment over the historica l development of the labour conflicts conciliation
and to draw up a study on the sta tistical data concerning these conflicts. The study may be
used within the research activity, its con tribution being set u p by the updated p resentation
of the statistical da ta and on the legislation within the field of labour conflicts conciliation.
Keywords: the legal framework, amiable resolution procedur e, mediation,
arbitr age, strike.
JEL Classification: K31
Introduction
The labour conflicts represented and still represent an issue that affects the
good functioning of an institution.
The subject of conflicts of interests/collective labour conflicts’ resolution
was permanently debated within the doctrine, as a result of the economic, social
and legislative changes in the field of labour relations.
The conciliation, as an amiable labour conflicts’ resolution procedure was
regulated from the first acts that created the legal framework in question.
Even if the subject of labour conflicts conciliation was inevitable
approached within the analysis of the amiable resolution procedures for these types
of conflicts, the legislative amendments operated by the Labour Code2 and by the
1 Iulia Bdoi - Institute for Doctoral Studies, Law Department, Bucharest University of Economic
Studies, iulia.badoi@yahoo.com
2 Law no. 53/2003, republished within the Romanian Official Journal no. 345/18.05.2011.

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