Some considerations regarding the quality of party in individual labour disputes

• Author: Lavinia Onica Chipea
• Position: University of Oradea, Oradea - Romania
• Pages: 128-134

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 3 (2013), pp. 128-134

128

SOME CONSIDERATIONS REGARDING THE QUALITY OF PARTY

IN INDIVIDUAL LABOUR DISPUTES

L. Onica Chipea

Lavinia Onica Chipea

Faculty of Law, Department of Law and Administrative Sciences

University of Oradea, Oradea, Romania

*Correspondence: Lavinia Onica Chipea, University of Oradea, 26 General Magheru St.,

Oradea, Romania

E-mail:

laviniachipea@gamil.com

Abstract

The paper proposes, based on the analysis of the Code of Civil Procedure and of labor

legislation, particularly those of the Labor Code and the Law on social dialogue, to nominate,

to develop analytically and synthetically the institution of the quality of party in a individual

labour conflict.

Along with the cited legal provisions, the examples of judicial practice in Bihor

County point out the specific of labor jurisdiction in the Romanian legal system, jurisdiction

governed by the Code of Civil Procedure, as common law, which is adapted to the special

legislation of the spirit of this institution.

Keywords: individual labour disputes, parties, employees, employers, accessory

voluntary intervention, call in guarantee.

Introduction

Individual labor conflicts are defined as labor disputes that have as object the

exercise of rights and fulfillment of obligations arising from individual and collective labor

contracts or from collective bargaining agreements and relations of civil servants, as well as

from laws and other legal acts (article 1 letter.p. of Law 62/2011 of Social Dialogue).

Also individual work conflicts are considered: conflicts in connection with the

payment of compensation for damages caused by parties by the failure or improper

performance of their obligations under the employment contract or service report (Article 1

letter p 1 (i ) of Law no. 62/2011 of Social Dialogue); conflicts about the nullity of individual

employment contracts or clauses (article 1 letter p 2 (ii) of Law no. 62/2011 of Social

Dialogue ); conflicts in connection with termination of service or clauses thereof (article 1

letter p 3 (iii) of Law no. 62/2011 of Social Dialogue).

Labor jurisdiction is “the settlement activity by certain organs of labor disputes and

other demands on labor relations and related reports, including regulations relating to

competent authorities to resolve such conflicts and demands, as well as the applicable

procedural rules”

1

.

We believe that the specific nature of the judicial process by which individual work

conflicts are resolved lies in the quality of party in an individual labor dispute.

Parties in Individual Labor Disputes. Theoretical and Practical Aspects

The provisions of article 267 of the Labor Code and that of Article 1 letter q. of Law

62/2011 of Social Dialogue nominate analytically individuals or legal persons who may be

parties in labor disputes:

1

A. iclea, A. Popescu, C. Tufan, M. ichindelean, O. inca, Dreptul muncii, “Rosetti” Publishing, Bucharest,

2004, p.798.