Partenerii sociali – actori şi regizori ai raporturilor de muncă
Social partners – actors and producers of the employment relationships

Summary/Abstract: The social dialogue and the forms it takes represent one of the main arguments supporting the autonomy of the labour law as an area of law. Tripartite social dialogue – regularly, institutionalized – operates both at the international level – within the Labour International Organization –, at the European level – between the European social partners and European institutions –, as well as at the national level – between the social partners in Romania and the public administration authorities. In some specific circumstances, in a tripartite structure, certain bodies make decisions, adopt normative instruments (such as the case of LIO Conventions, which become mandatory for the Member States ratifying them). In other cases, tripartite bodies are only consulted, however, it is mandatory to obtain the advisory opinion before the adoption of the normative act. The bipartite social dialogue, which is regularly developed between social partners, generally take the form of information and consultation. A particular situation is represented by the collective bargaining, which is compulsorily and in a detailed way regulated by the Romanian legislation, having as purpose and likely to result in the conclusion of the collective employment agreement. The specific feature of the collective employment agreement to represent a source of law for the employment relationships emphasizes another defining element of the autonomous nature of the labour law.Based on the social dialogue mechanisms, the applicable legislation extends the role of the social partners, being in the position of actors of the legal employment relationships, beyond the limits of classical contractualism and confers them the strength of certain producers of the employment relationships, participants in the development and adoption of the generally applicable legal regulations.

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