The conflict resolution between employers and employees can be achieved through the conciliation procedure by calling on a lawyer or other external consultant. The purpose of this procedure is to reduce the burden on the courts on the role of which are registered approximately 100,000 new files/year are registered on conflicts between employers and employees.
At the end of last week, a new Law amending the Labor Code entered into force, introducing amendments regarding the procedure of disciplinary investigation of employees and labor disputes.
Thus, the parties may include in the Employment Contract, on the date of its conclusion or during the execution, by signing an additional act, that any conflict resulting between the employer and the employee is to be resolved through the conciliation procedure, amicably. In this conciliation procedure, either party may be assisted by an external consultant specializing in labor law or by a trade union representative. The purpose of this is to reduce the burden on the courts in the role of which are registered approximately 100,000 new files/year are registered on conflicts between employers and employees.
The external consultant specialized in labor law who can resolve the labor dispute through conciliation, can be a lawyer, expert in labor law or mediator specialized in labor law. His fee will be borne by the parties, as agreed.
The conciliation procedure will be opened within a maximum of 5 working days from the date of communication of the written invitation to both parties.
The disciplinary investigation procedure may be carried out by a person, a commission or an external consultant specialized in labor law, appointed by the employer. As in the conciliation procedure, and in the case of disciplinary investigation, the employee may be assisted by an external consultant specializing in labor law or a representative of the union.
The amended Labor Code includes the fact that the activity of human resources and pay can be organized: internally (by the employer assuming these responsibilities), by appointing one or more employees with responsibilities through the job description in this regard or by contracts with external suppliers, case in which these services will be coordinated by an expert in labor law. In 2016, approximately 88% of the number of professionals in Romania had less than 10 employees, cumulating 21% of the total number of employees in the economy.
