CERTAIN REGARDS UPON THE COLLECTIVE BARGAINING OF LABOUR CONDITIONS IN THE ROMANIAN LABOUR LAW

Abstract

In the market economy, the stabile and social peaceful climate can be assured only through different means of consultation and dialogue between social partners.
Therefore, employers' and employees' interests can be harmonized, starting at the unit level and going up nationally, through various forms of social dialogue.
In this respect, the special literature considered that in present, the Labor Law is primarily a right negotiated with the source of living, dynamic and specific collective agreements.
The collective bargaining contract is compulsory only in establishments that have 21 or more workers employed.
The law provides only an obligation to negotiate and not to conclude the collective agreement. Thus, in literature it was considered that the obligation to negotiate is a duty of care, and its fulfillment must be appreciated in relation with the diligence exercised by the employer in terms of negotiation, and not in concluding the collective labor contract