THEORETICAL AND PRACTICAL CONSIDERATIONS REFERRING THE DEADLINES OF COURTS IN INDIVIDUAL WORK IN CONFLICT SETTLEMENT ACCORDING THE LABOUR CODE AND LAW NO. 62/2011 OF THE SOCIAL DIALOGUE

Lavinia Onica Chipea

Abstract


The scientific approach aims to analyse a topic of particular interest, both
for current doctrine and also for professional practice. The institution of notification
deadlines of the court in the matters of the resolution of individual labor dispute is currently
governed by the provisions the Labor Code, art.283 para.1 letter a. and by those of art. 211
of Law nr. 62/2011 of the Social Dialogue. A simple analysis of these provisions shows that,
unlike the Labor Code, Law of the Social Dialogue refers to the assumptions which are
subject to art.268 letter b. are not provided the letter d, art.268. Thus, the solutions offered
by those regulations are different and at the same time contradictory doctrine should aim to
formulate hypotheses to solve "real conflict of laws", able to avoid delivery of divergent and
contradictory solutions of courts in matters which make the subject of our analysis.


Keywords


time limits for bringing cases to court, Labor Code, Law on Social Dialogue, individual labor disputes

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DOI: https://doi.org/10.15837/aijjs.v8i1.943

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