METODE ALTERNATIVE DE SOLUŢIONARE A LITIGIILOR DE MUNCĂ

Abstract

Conflict resolution can take place by combining several alternative dispute resolution methods. Until the publication of Law no. 213/2020, the alternative resolution of individual employment disputes was possible only based on the provisions contained in the Mediation Law no. 192/2006. At present, at the conclusion of the individual employment contract or during its performance, the parties may include in the contract a clause by which they establish that any individual employment dispute is settled amicably, through the conciliation procedure. They may use the advice of an external consultant, who may be a lawyer, an expert in labour law or, as the case may be, a mediator specializing in labour law, who, through his active role, will ensure that the parties act responsibly to settle the dispute. The time limit for challenging employment disputes is suspended during the conciliation, which means that the parties do not waive the possibility of bringing the case before the court. The internal regulations drawn up by the employer must include such a conciliation procedure.