Medierea în litigiile de muncă
MEDIATION IN LABOR LITIGATIONS

Summary/Abstract: The mediation procedure presents some of peculiarities within labor litigations, as opposed to the interdiction provided in the Labor code in favor of the employees, to waive the minimal rights recognized by law. Thus, the domain of the causes within labor jurisdiction, which can be settled through this alternative procedure, is significantly restricted.The area of litigations liable to be settled by mediation is to be delimited by analyzing the specifics for each type of labor litigation, by verifying the incidence of dispositions in art. 38 Labor Code. The law also imposes, as mandatory a procedure prior to submitting the summons, that the parties participate to a briefing session regarding the advantages of mediation. Within such procedure, the parties' obligations are analyzed regarding their presence to the mediator, the judge’s obligation to recommend that they participate to the briefing session, as well as the sanctions that may be applied in case of failure to observe the obligation to attend the briefing session. Also, the main stages of the mediation procedure are outlined, the estimated duration of such procedure, as well as the effects it may have on the rights invoked in the summons. In the end, the main differences between the individual conflict mediation regulated by Law no 192/2006 shall be analyzed, as well as the mediation of collective conflicts, regulated by Law no. 62/2011 regarding social dialog.

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