Solving work conflicts. Past and futur 341
two legal assistants, one of which represents the employers' associations and the
other one represents the trade unions. Decisions in these cases shall be taken by a
majority of the members of the panel. Currently, this provision is no longer in
force, which again removed the institution of the judiciary assistant from its
Another aspect that needs to be emphasized is the fact that in the composition
of the panel of judges, in the case of labor disputes, the participation of the
judiciary assistants is not ensured in the appeal. As a rule, the number of judges in
the appeal should be superior to those who have tried at first instance.
Thus, at present, the role of the legal assistants is rather formal, as can be seen
by reading the provisions of Article 55, para. 1 of the Law no. 304/2004. For the
future, it would be necessary to increase their role by including in their tasks the
duty to ensure the monitoring of the court case law in cases concerning labor
disputes, ie the drafting of reports on the practice of the court in order to issue
preliminary judgments for the solving of legal issues or for solving appeals in the
interest of the law18.
Regarding the feature of the decisions of the first instance court in solving
labor conflicts, by analyzing the normative acts in the field, starting with the Law
of 27 January 1912 on the organization of trades, credit and labor insurance, it can
be noted that enforceability feature is maintained.
Currently, one can see that between the provisions of the Labor Code19 and the
provisions of Law no. 62/201120 there is a difference21.
Thus, according to Article 274 of the Labor Code Decisions given at the first
instance are final and enforceable by law, and according to Article 214 of the Law no.
62/2011 Decisions of the court of first instance are subject only to the appeal.
Regarding the enforceability of the first instance judgments, Article 448, para.
(1) of the Code of Civil Procedure provides that the decisions of the first instance
are enforceable by law when they concern the payment of wages or other rights
arising from the employment legal relationships and of the amounts due to the
unemployed according to law (section 1); compensation for accidents at work
It was argued in doctrine22 that, although according to the Code of Civil
Procedure only some of the court's judgments given at first instance by tribunals
19 Republished in the Official Gazette no. 345 of 18 May 2011.
20 Published in the Official Gazette no. 625 of 31 August 2012, republished on the basis of Law
no. 76 of 24 May 2012 for the implementation of Law no. 134/2010 regarding the Civil Procedure
21 Alexandru iclea, Tratat de dreptul muncii. Legislaie. Doctrin. Jurispruden [Labor Law Treaty.
Legislation. Doctrine. Jurisprudence], Universul Juridic Publishing House, Bucharest, 2016, p. 1084.
22 Alexandru iclea, Codul muncii comentat şi adnotat [Labor Code commented and annotated],
Universul Juridic Publishing House, Bucharest, 2017, p. 531.