Consultation between Social Partners. From a General View to a Particular One

• Author: Magda Volonciu
• Profession: University Bucharest, Faculty of Law, Romania
• Pages: 173-181

Consultation between Social Partners. From a General View to a

Particular One

Professor Magda VOLONCIU

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Abstract

The paper was based on an analysis th at focuses on the following aspects: Can

the social partnership be the same thing as social dialogue? What is the place of the

social dialogue in the consultation and information procedures among partners? Is the

Law. 62/2011 an ob stacle to a real social partnership? Also, it refers to the advantages

and disadvantages for close dialogue from the baseline - the unit (includin g discussions

on the con cept of unity, according to the latest practices of European law) but also the

employee`s right to be informed and the transition from the individual to the collective.

For a thorough research of the problem it addresses the following: The general frame-

work of information and consultation procedure established by Law no. 467/2006, the

specific information and consultation procedu res established on n ormative aspects but

also the specific information and consultation procedures established by convention but

also the strengthening of the social partnership. Last but not le ast, we analyze the social

intervention in economic and managerial decision with their limits and risks.

Keywords: social partnership, social dialogue, labor law, collective labor

agreement, individual employment contract.

JEL Classification: K31

1. The correlation between social partnership and social dialogue

In an ABC of basic concepts at the base of industrial relations, the con-

cept of social dialogue and partnership is primordial. It’s the reason why these

concepts find themselves within article 1 from Law 62/2011 as being the first

concepts for which a legal definition was made. Art 1 a) establishes that social

partners are all those that interact in social dialogue, referring to unions, employ-

ers’ associations, as well as representatives from the public sector.

We mention that this definition is not the most indicated for this concept,

taking into account article 221 and the following from the Labour Code; in social

dialogue we must representatives from the employees, these having an active role

as social dialogue representatives of the employees for any problems they may

have as well as when the law states it. (for example: see art 241 Labor Code,

which states that the internal regulation is done by the employer, while consulting

with the union representatives or employee representatives, depending on the

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Magda Volonciu - „Titu M aiorescu” University Bucharest, Faculty of Law, Romania, E-mail:

magdavolonciu@volonciu.ro.