INEXISTENȚA DREPTULUI SALARIATULUI DE A SOLICITA, INDIVIDUAL, CONSTATAREA NULITÃȚII CLAUZELOR CONTRACTULUI COLECTIV DE MUNCÃ

In compliance with art. 24 para. 2 of Law no. 130/1996 regarding the collective bargaining agreement (republished on May 19th, 1998), the nullity of the collective bargaining agreement clauses “is ascertained by the relevant court at the instance of the interested party.” The issue reviewed by the author of the above-mentioned research is whether the active procedural legitimation under such circumstances enjoy only parties that, lawfully, conclude collective bargaining agreements (the labor union represented, where appropriate, by the union representative or employees’ representative and management, respectively) or active procedural legitimation (i.e., any employee may be qualified as plaintiff, acting, therefore, ut singuli). The author judges that judicious interpretation of purport of art. 24 para. 2 of Law no. 130/1996 bears negational value (why ut singuli employee is deprived of such right), enjoying none but requiring the representative trade union / employees’ representatives to take legal proceedings.