Dialogul social. Necesitate şi realitate
Social Dialogue. Necessity and Reality

Summary/Abstract: Social dialogue requires a balance between the social partners and it is the main instrument in maintaining social peace. Social dialogue is mainly addressed in collective bargaining, with the Romanian legislative authority determining, through the provisions adopted, the appropriate framework for the development of collective labor relations. The latest regulations adopted in this area, although harshly criticized by both trade unions and an important part of the doctrine, do not violate the constitutional principles of negotiation, a step forward in terms of the flexibility of labor law. Thus, the legal nature of the collective labor contract has acquired more conventional valences, to the detriment of the normative character. The efforts made in this area, even though they may initially lead to hardening of the social bargaining practice, can lead in time to a proper understanding of the need for real and meaningful dialogue between social partners aimed at finalizing collective agreements to respond to the parties' interests in negotiation. Collective agreements should be understood not only as conventions with declaratory rights for employees but as real labour instruments for both social partners. It is the reason why, even though within the current law of the social dialogue, Law no. 62/2011 there are many technical imperatives, the rules of principle imposed by it in the field of negotiation of collective labor agreements must be maintained.

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