Theoretical and practical considerations referring the deadlines of courts in individual work in conflict settlement according the labour code and law no. 62/2011 Of the social dialogue

• Author: Lavinia Onica-Chipea
• Position: Faculty of Law, Department of Law and Administrative Sciences University of Oradea, Oradea, Romania
• Pages: 114-121

AGORA International Journal of Juridical Sciences, www.juridicaljournal.univagora.ro

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

No. 1 (2014), pp. 114-121

114

THEORETICAL AND PRACTICAL CONSIDERATIONS REFERRING

THE DEADLINES OF COURTS IN INDIVIDUAL WORK IN

CONFLICT SETTLEMENT ACCORDING THE LABOUR CODE AND

LAW NO. 62/2011 OF THE SOCIAL DIALOGUE

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 scientific approach aims to analyse a topic of particular interest, both

for current doctrine and also for professional practice. The institution of notification

deadlines of the court in the matters of the resolution of individual labor dispute is currently

governed by theprovisions the Labor Code, art.283 para.1 letter a. and by those of art. 211

of Law nr. 62/2011 of the Social Dialogue.A simple analysis of these provisions shows that,

unlike the Labor Code, Law of the Social Dialogue refers to the assumptions which are

subject to art.268 letter b. are not provided the letter d, art.268. Thus, the solutions offered

by those regulations are different and at the same time contradictory doctrine should aim to

formulate hypotheses to solve "real conflict of laws", able to avoid delivery of divergent and

contradictory solutions of courts in matters which make the subject of our analysis.

Keywords: time limits for bringing cases to court, Labor Code, Law on Social

Dialogue, individual labor disputes.

Introduction

1. General aspects concerning the deadlines for notification of the courts in settling

individual labor disputes

Law 62/2011 of social dialogue1and art.248 of the Labor Code was amended by Law

no. 40/20112 replaced the concepts of conflict of rights and conflicts of interest with the

following expressions: collective labor disputes and individual labor disputesas forms of

labor disputes.

Individual labor disputes3represents that category of labor disputes aiming to

exercise certain rights or obligations arising from individual and collective labor contracts or

from collective labor agreements of civil servants as well as from other laws and normative

acts. Individual labor conflicts are also considered to be: conflicts related to compensation

payments for damages caused by parts through failure or inadequate performance of the

obligations established within the individual labor contract or employment relationship;

conflicts regarding the nullity of individual labor contracts or of their terms as well as

conflicts regarding the cessation of employment relations or of some employment terms.

1Law no. 62/2011 of the social dialogue published in the Romanian Official Gazette no.322/2011;

2Law no. 40/2011 published in the Romanian Official Gazette, part I, 225/31.III.2011;

3Art. 1 letter p from Law no. 62/2011 of the social dialogue;