Material competence of courts in resolving labor disputes. Theoretical and practical aspects

• Author: Lavinia Cornelia Onica Chipea
• Position: Ph.D. Lecturer, University of Oradea, Department Law and Public Administration
• Pages: 185-188

MATERIAL COMPETENCE OF COURTS IN RESOLVING LABOR DISPUTES.

THEORETICAL AND PRACTICAL ASPECTS

Onica Chipea Lavinia

Abstract

The scientific appro ach aims to ad dress the institution of material competence of the cour ts in

resolving labor conflicts both from theoretica l perspective a nd also from a pra ctical

perspective, pra ctical, precise, applica tive.

Keywords: material competence, court (of law), court unlimited jurisdiction, undoub ted

rights, possible r ights.

Introduction

1. Competent bodies to resolve conflicts of rights - individual labor disputes

1

Individual work in conflict resolution cour ts have exclusive jurisdiction, being eliminated specia l

powers of var ious bodies, in tur n renounced2: commission of judges, super ior a dministrative body, collective

leadership body, etc.. Competent labor dispute only courts r eturned only in 1992.

2. Material competence of the court in resolving labor disputes

As a result of changing the Civil Procedure Code, the cour t has been given unlimited jurisdiction in respec t

of rights conflict resolution at this time individual labor disputes.3 After the amendment of Law no.304/2004 on

judicial organization, in 20054 the establishment of specialized courts to quit work and social security idea what

was regarded "as being very positive" because it effectivel y ensured the greater specialization of judges in labor

law and respectively (...) social sec urity by maintaining their stability mentioned courts."5 It works but the

courts, sections or panels for reasons of conflict of labor and social insurance.

Thus, material competence in conflict resolution is determined by individual work of art. 2 point 1

letter. c Code of Civil Procedure that the judge in first instance courts labor disputes, except by law in the

jurisdiction of other courts. Also, judging processes and applications for administrative, except as by law the

jurisdiction of other courts and the Bucharest Tribunal has jurisdiction to find that the representatives of

employer associations and trade union federations and confederations, including the civil servants.

We believe that changes to the Labor Code and Law no express repeal. 168/1999 ended the controversy

by including e xpress conflicts of exercise of the rights and fulfillment of obligations o n the report of service of

civil servants in the category of individual labor disputes, their power is so assi gned jurisdiction to resolve labor.

3. Exceptions. Resolving conflicts of rights (individual labor di sputes) by other

courts. Court. Court of Appeal. High Court of Cassation and Justice

A. Court of unlimited jurisdiction

After the abolition of legal commissions (which were estab lished by Law no. 59/1968), the court of

jurisdiction has become the main body of work, according to article 1 point 1 of the Code of Civil Pro cedure and

Article. 21 of Law no. 92/1992 on judicial organization, judging all processes and applications other than those

provided for by law within the jurisdiction of other courts, thus having general jurisdiction.

 Ph.D. Lecturer, University of Oradea, Department Law and Public Administration, laviniachipea@yahoo.com.

1Nr.40/2011 Law amending the Labor Code,, respectively 62/2011of social dialogue, the expression of rights conflict has been replaced

by the individual labor disputes.

2 Ticlea, Al., Tratat de dreptul muncii, Legal Universe Publishing, Bucharest, 2007, pp.919-921.

3 Court of Justice, United Sections, Decision no. II of 31 Ma rch2003, published in the Official Gazette, Part I, no. 455 of 25 June

2003, pp.214, 215.

4 Law no. 304 of 2004 on judicial organization regulate the time of its adoption as an option, not mandatory, the establishment of specialized

courts for labor law. Specialized courts were courts without legal personality, which can operate in the counties and in

Bucharest and usually county headquarters in the city.

Specialized courts were to take cases for the Court in areas to be established. Although the original formulation of the draft law

envisaged the establishment of 1 4 specialized courts until 2005, after this time limit was removed, providing for just that by 2008

will be established labor courts. A subsequent amendment of Law no. 304 completely eliminated in 2004 but mandatory establishment of

specialized courts, it remains only a possibility.

5 Beligrdeanu, S, Consideraii de ansamblu i observaii critice referitoare la tribunalele specializate de munc i asigurri sociale,

precum i la asistenii judiciari, în lumina Legii nr. 304/2004 privind organizarea judiciar , The right no. 9 / 2004, p.13.

6 Law no. 251/2006 published in Official Gazette no. 574 of July 4, 2006.

7 Beligrdeanu, S., Consideraii – teoretice i practice- în legtur cu Legea nr. 188/1999 privind Statutul funcionarilor publici, The right

no. 2/2000, p.17.