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Law 367/2022 on social dialogue, annotated - Mihaela Tudorache, Ema Cojman
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Publisher: Editura Universitara
Author: Mihaela Tudorache, Ema Cojman
Edition: I
Pages: 214
Publisher year: 2023
ISBN: 978-606-28-1662-9
DOI: https://doi.org/10.5682/9786062816629
Product Code:
9786062816629
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The idea of this book came from the lack of a work on the market that would help to quickly interpret the articles of the Social Dialogue Law. The work does not aim to be an academic research in the field, but to be a working tool for anyone who wants to read and understand the Social Dialogue Law in a short time, through the lens of the jurisprudential interpretations that the articles of interest.
In some places, there are small comments and / or links with other articles to help a corroborated interpretation of the legal texts. The work was designed with the aim of facilitating the reader's understanding of the legal text.
Av. Dr. Mihaela Tudorache
In some places, there are small comments and / or links with other articles to help a corroborated interpretation of the legal texts. The work was designed with the aim of facilitating the reader's understanding of the legal text.
Av. Dr. Mihaela Tudorache
-
Law 367/2022 on social dialogue, annotated
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MIHAELA TUDORACHE, Doctor Lawyer
EMA COJMAN
EMA COJMAN
TITLE I. GENERAL PROVISIONS / 9
TITLE II. TRADE UNION ORGANIZATIONS / 19
Chapter I. General provisions / 19
Chapter II. Constitution, organization and operation trade union organizations / 27
Section 1. Statute of trade union organizations / 27
Section 2. Management of trade union organizations / 30
Section 3. Acquisition of legal personality / 34
Section 4. Patrimony of the trade union organization / 40
Section 5. Attributions of trade union organizations / 44
Section 6. Trade union organizations' relations with their members / / 53
Chapter III. Reorganization and dissolution of trade union organizations / 55
Chapter IV. Forms of association of trade union organizations / 57
Chapter V. Representativeness of trade union organizations / 64
Chapter VI. Representatives of employees/workers / 72
TITLE III. EMPLOYER ORGANIZATIONS / 78
Chapter I. Constitution, organization and operation employers' organizations / 78
Section 1. Constitution and organization / 78
Section 2. Rights and obligations of employers' organizations / / 87
Section 3. Heritage and financing of the activity / 89
Chapter II. Dissolution of employers' organizations / 91
Chapter III. Representativeness of employers' organizations / 92
TITLE IV. NATIONAL TRIPARTITE COUNCIL FOR SOCIAL DIALOGUE / 97
TITLE V. CONSTITUTION AND FUNCTIONING OF SOCIAL DIALOGUE COMMISSIONS AT THE LEVEL OF THE CENTRAL PUBLIC ADMINISTRATION AND AT THE TERRITORIAL LEVEL / 101
TITLE VI. COLLECTIVE LABOR NEGOTIATIONS / 107
Chapter I. Negotiation of collective labor contracts / 107
Chapter II. The effects of collective labor contracts / 118
Chapter III. The parties and their representation in collective bargaining / 121
Chapter IV. Collective bargaining in the budget system / 127
Chapter V. Conclusion of collective labor contracts / 132
Chapter VI. Execution, modification, suspension and termination of the collective labor contract / 143
TITLE VII. REGULATION OF LABOR DISPUTE RESOLUTION METHODS / 148
Chapter I. General provisions / 148
Chapter II. Collective labor conflicts / 149
Chapter III. Conciliation of collective labor conflicts / 155
Chapter IV. Mediation and arbitration / 160
Chapter V. Strike / 162
TITLE VIII. SANCTIONS / 184
TITLE IX. TRANSITIONAL AND FINAL PROVISIONS / 187
Appendix no. 1. Report on the activity of the Social Dialogue Commission / 195
Appendix no. 2. Framework regulation regarding the establishment and functioning of social dialogue commissions at the level of the central public administration / 196
Appendix no. 3. Framework regulation regarding the establishment and functioning of social dialogue commissions at the level of local public administration / 201
APPENDIX no. 4. Strike file (for operational information of the ministry responsible for social dialogue) / 205
BIBLIOGRAPHY / 207
TITLE II. TRADE UNION ORGANIZATIONS / 19
Chapter I. General provisions / 19
Chapter II. Constitution, organization and operation trade union organizations / 27
Section 1. Statute of trade union organizations / 27
Section 2. Management of trade union organizations / 30
Section 3. Acquisition of legal personality / 34
Section 4. Patrimony of the trade union organization / 40
Section 5. Attributions of trade union organizations / 44
Section 6. Trade union organizations' relations with their members / / 53
Chapter III. Reorganization and dissolution of trade union organizations / 55
Chapter IV. Forms of association of trade union organizations / 57
Chapter V. Representativeness of trade union organizations / 64
Chapter VI. Representatives of employees/workers / 72
TITLE III. EMPLOYER ORGANIZATIONS / 78
Chapter I. Constitution, organization and operation employers' organizations / 78
Section 1. Constitution and organization / 78
Section 2. Rights and obligations of employers' organizations / / 87
Section 3. Heritage and financing of the activity / 89
Chapter II. Dissolution of employers' organizations / 91
Chapter III. Representativeness of employers' organizations / 92
TITLE IV. NATIONAL TRIPARTITE COUNCIL FOR SOCIAL DIALOGUE / 97
TITLE V. CONSTITUTION AND FUNCTIONING OF SOCIAL DIALOGUE COMMISSIONS AT THE LEVEL OF THE CENTRAL PUBLIC ADMINISTRATION AND AT THE TERRITORIAL LEVEL / 101
TITLE VI. COLLECTIVE LABOR NEGOTIATIONS / 107
Chapter I. Negotiation of collective labor contracts / 107
Chapter II. The effects of collective labor contracts / 118
Chapter III. The parties and their representation in collective bargaining / 121
Chapter IV. Collective bargaining in the budget system / 127
Chapter V. Conclusion of collective labor contracts / 132
Chapter VI. Execution, modification, suspension and termination of the collective labor contract / 143
TITLE VII. REGULATION OF LABOR DISPUTE RESOLUTION METHODS / 148
Chapter I. General provisions / 148
Chapter II. Collective labor conflicts / 149
Chapter III. Conciliation of collective labor conflicts / 155
Chapter IV. Mediation and arbitration / 160
Chapter V. Strike / 162
TITLE VIII. SANCTIONS / 184
TITLE IX. TRANSITIONAL AND FINAL PROVISIONS / 187
Appendix no. 1. Report on the activity of the Social Dialogue Commission / 195
Appendix no. 2. Framework regulation regarding the establishment and functioning of social dialogue commissions at the level of the central public administration / 196
Appendix no. 3. Framework regulation regarding the establishment and functioning of social dialogue commissions at the level of local public administration / 201
APPENDIX no. 4. Strike file (for operational information of the ministry responsible for social dialogue) / 205
BIBLIOGRAPHY / 207
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