Rolul statului în solutionarea conflictelor de muncă
The State’s role in settling labor disputes

Summary/Abstract: The State is the one drawing up the legislation designed to ensure that the fundamental rights and freedoms of citizens are being respected, a set of rules which constitute a public policy that should also be followed ad litteram by collective bargaining, and the legislation appropriate to workplace social relations which constitute a social public policy, the minimum level where social partners begin their dialogue within collective bargaining. Labor legislation includes a minimum number of employee rights, based on which the social partners can further establish more favorable or supplemental rights within the collective and individual negotiation. More specifically, the role of the State in labor relations, in work conflict resolution, is manifested in the three existing state powers. The State is interested in any labor dispute, but it must be admitted that it „transfers a part of its authority to the social partners, as well”, who, thus, could establish settlement procedures, provided that these do not affect the procedural and substantial rights of employees. Settling states of conflict by the Economic and Social Council can only take place before the onset of labor disputes, from this moment on the provisions of the Labor Code and Law No. 168/1999 on the settlement of labor disputes becoming enforceable. The role of the Economic and Social Council may be displayed by formulating proposals, issuing views or recommendations for settling states of conflict, and by encouraging dialogue between the parties concerned. We could say that the role of the Economic and Social Council in settling states of conflict (referring to the rights or interests of employees) is that of a conciliator. Following the line of work conflict resolution, the current legislation does not grant explicit powers to the Labor Inspection. However, we consider that the labor inspectors can intervene to prevent labor disputes or other states of conflict, feeling the necessity of appropriate changes in orientation in terms of the role and objectives of the Labor Inspection.

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