DOES IT REPRESENT A CONTRAVENTION THE UNINITIATION OF THE COLLECTIVE NEGOTIATION AT ORGANIZATION LEVEL BY THE EMPLOYER OR THE REFUSAL TO ANSWER TO THE OBLIGATORY REQUEST STATED BY THE LABOR UNION SUBSIDIARILY?

Abstract

While in the previous legislation (Law no. 130/1996 regarding the collective labor contract, republished, rescinded by the Law of the social dialogue no. 62/2011, applicable to this day) it represented a contravention, according to art. 5, both the employer’s act as to not initiate the negotiation and his refusal regarding the obligatory request stated, subsidiarily, by the labor union or the employees representatives, to the same effect, the new provisions, in effect, of the art. 217 paragraph (1) letter b) of the Law no. 62/2011 specifies that it represents a contravention only “the refusal of the employer to begin the negotiation of the collective labor contract”. Nevertheless, in practice, confusions are being made between the two situations, probably from the inertia of the interpretation according to the old interpretations (rescinded), and the employers are forced to appeal the contravention because of this situation, or they don’t know they have this possibility. Therefore, we consider to be necessary, of lege ferenda, clarifications for that purpose.