CONSIDERATIONS ON THE INTERPRETATION OF ARTICLE 132, 138 AND 142, OF THE LAW ON SOCIAL DIALOGUE FROM THE PERSPECTIVE OF THE HIGH COURT OF CASSATION AND JUSTICE AND THE CONSTITUTIONAL COURT OF ROMANIA
CONSIDERATIONS ON THE INTERPRETATION OF ARTICLE 132, 138 AND 142, OF THE LAW ON SOCIAL DIALOGUE FROM THE PERSPECTIVE OF THE HIGH COURT OF CASSATION AND JUSTICE AND THE CONSTITUTIONAL COURT OF ROMANIA

Summary/Abstract: The High Court of Cassation and Justice has interpreted that the nullity of a clause of the collective labour agreement negotiated in breach of Article 138 para. (1)-(3) of Law no. 62/2011 may be requested by the interested parties, either by way of action or by way of exception, i.e. it may be invoked by the court, of its own motion, during the existence of the collective labour agreement. The Constitutional Court of Romania, applying the principle of equality before the law, enshrined in Article 16 of the Constitution, has limited the emergence of a difference in the legal regime between employees in the budgetary sector and those in the private sector.

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