A New Approach in the Social Field - Law No. 62/2011

Author:Radu Popescu
Position:Senior Lecturer, PhD, Faculty of Public Administration, National School of Political Studies and Public Administration, Romania
Pages:271-276
SUMMARY

Law no. 62/2011 of social dialogue, as it was regulated by the lawmaker, comes and reunites within it a series of fundamental institutions in social matters, such as: social dialogue (trade unions, employees’ representatives, owners’ associations), the Economic and Social Council, the collective employment contract, labour conflicts and, not lastly, a series of elements pertaining to labour... (see full summary)

 
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Legal Sciences
271
A New Approach in the Social Field – Law No. 62/2011
Radu Rzvan Popescu
1
Abstract: Law no. 62/2011 of social dialogue, as it was regulated by the lawmaker, comes and reunites
within it a series of fundamental i nstitutions in social matters, such as: social dialogue (trade unions,
employees’ representatives, owners’ associations), the Economic a nd Social Council, the collective
employment contract, labour conflicts and, not lastly, a series of elements pertaining to labour jurisdiction. It
thus abrogates the old regulations in the matter: Law no. 54/2003 with r espect to trade unions, Law no.
356/2001 regarding owners’ associations, Law no. 109/1997 regarding the organizing and functioning of the
Economic and Social Council, La w no. 130/1996 with respect to the collective employment contracts, Law
no. 168/1999 regarding the settling of labour conflicts and Government Deci sion (G.D.) no. 369/2009
regarding the establishment and functioning of the social dia logue commissions at the level of the central
public administration and at the territorial level.
Keywords: collective relations; trade union; collective labour conflicts; jurisdiction
1. General Aspects
Law no. 62/2011 of social dialogue (published in the Official Gazette no. 322 of May 10
th
, 2011), as it
was regulated by the lawmaker, comes and reunites within it a series of fundamental institutions in
social matters, such as: social dialogue (trade unions, employees’ representatives, owners’
associations), the Economic and Social Council, the collective employment contract, labour conflicts
and, not lastly, a series of elements pertaining to labour jurisdiction. It thus abrogates the old
regulations in the matter: Law no. 54/2003 with respect to trade unions (published in the Official
Gazette no.73 of February 5
th
, 2003), Law no. 356/2001 regarding owners’ associations (published in
the Official Gazette no. 380 of July 12
th
, 2001), Law no. 109/1997 regarding the organizing and
functioning of the Economic and Social Council (published in the Official Gazette no. 141 of July 7
th
,
1997), Law no. 130/1996 with respect to the collective employment contracts, Law no. 168/1999
regarding the settling of labour conflicts (published in the Official Gazette no. 227 of April 7
th
, 2009)
and Government Decision (G.D.) no. 369/2009 regarding the establishment and functioning of the
social dialogue commissions at the level of the central public administration and at the territorial level.
Thus, the lawmaker takes one step forward towards what means modern legislation in which all
fundamental problems in social matters are found regulated in a single normative act. We consider that
all these aspects regulated by Law no. 62/2011 of social dialogue could have been established by the
Labour Code, in a unitary vision on social legislation. Still, if the lawmaker opted for a separate
regulation of these issues, we consider that it would have been more suitable the name of ”law that
regulates the collective work relations” and not only social dialogue.
It must be mentioned, right from the beginning, the fact that the new law no longer covers the entire
problematic subjected to the previous regulation by Law no. 130/1996 of collective employment
contracts and by Law no. 168/1999 of labour conflicts. Thus, the new law establishes in Title VII only
1
Senior Lecturer, PhD, Faculty of Public Administration, National School of Political Studies and Public Administration,
Romania, Address: 6 Povernei str., Sector 1, Bucharest, Romania, Tel.:+4021.318.08.97, fax: +4021.312.25.35,
Corresponding author: radupopescu77@yahoo.com.

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