CONSIDERAȚII ASUPRA PROCEDURII CONCILIERII ÎN CAZUL CONFLICTELOR INDIVIDUALE DE MUNCĂ
CONSIDERATIONS ON THE CONCILIATION PROCEDURE IN CASE OF INDIVIDUAL LABOR CONFLICTS

Summary/Abstract: In line with the general trend at national and European level, there has been a recent change in Romanian labor law whereby the parties can introduce in the individual employment contract the common obligation that in case of a conflict they will go through a conciliation phase under the coordination of a specialist. in labor law. The conciliation procedure in case of individual labor disputes is an obvious attempt by the legislator to encourage the settlement of these types of disputes out of court. The regulation contradicts the general philosophy of labor legislation, which until now has been obviously inclined to protect the employee, both in terms of regulating labor relations and resolving conflicts that may arise when concluding, executing and terminating an individual employment contract.If so far there has been an excess of regulation to the point of irrationality, and here I would mention as an example, the sanction with absolute nullity of the lack of mention of the term and the competent court challenged by the decision to disciplinary sanction the employee, in case procedure analyzed, the regulation is very lax and with many omissions, as we have shown above.

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