What Is Labor Litigation?

Employment and labor law covers a broad range of laws and regulations affecting the
relationships between employers and employees. Major areas covered by these laws include labor
disputes, labor-management relations, labor litigation, employment discrimination, wrongful
termination, unfair competition, wage and hour litigation, and more. Employees who are dealing with
any employment or labor law issue at their workplaces might benefit by speaking to experienced
employment and labor litigation attorneys. The lawyers at Swartz Swidler can evaluate potential cases
and help their clients understand their rights as employees and the steps they can take to protect them.

What Is a Labor Dispute?

To understand what a labor dispute is, it is important to understand the U.S. labor laws. Labor
disputes arise when two parties within an organization have disagreements. In most cases, these
disputes arise between employers and employees. Labor disputes normally involve disagreements about
pay, benefits, procedures, conditions of employment, and the number of hours worked per week.

Unresolved labor disputes can result in strikes or lockouts. These types of actions can result in
employer consequences, including reduced profits, a lack of production, or forced closings. Labor
disputes are fairly common and can arise between other parties beyond the employer and its
employees, including disputes between several managers or employees.

Throughout history, labor disputes have led to changes in political, legal, and social policies and
have resulted in major laws. Many disputes happen when employees and employees have different
understandings of their respective roles. When a labor dispute arises, it is important to promptly address
it to prevent the company from being harmed.

Different Types of Labor Disputes

While there are many different types of labor disputes, they can generally be broadly categorized
into two major types, including rights disputes and interest disputes. Rights disputes are labor disputes
over such things as working conditions, opportunities, and wages. Interest disputes are labor disputes
that happen because of disagreements about the interests of employees about their pay, benefits, and
other related matters.

What Causes Labor Disputes?

Before a labor dispute can be resolved, it is important to understand its causes. Some of the
most common causes of labor disputes include the following:

Economic causes, including bonuses, compensation, or working conditions

Management causes, including failure to recognize unions, leadership style differences, concerns
about job security, or communication issues

Legal or political causes, including political changes, union issues, or interference

Psychological causes, including differences in motivating factors, authority problems, unfair treatment,
or a lack of appreciation

A major cause of labor disputes is a disagreement between employees and employers about
their expectations for pay. The amount of compensation earned by employees is provided according to
how much the employees’ labor is perceived to be worth. Employers and employees might evaluate
compensation differently, causing a labor dispute.

Working conditions are another major cause of labor disputes. Employees who are dissatisfied
with their working conditions might end up in a dispute with their employers when poor conditions go
uncorrected. Power struggles between employees working within different roles might also arise.

Regardless of the underlying cause of a labor dispute, it is important for it to be addressed

quickly to avoid severe harm to the company involved.

Preventing Labor Disputes

Employers can take basic steps to prevent labor disputes and increase their employees’
satisfaction with their jobs. They should evaluate the salaries and wages paid to their employees to
ensure that they are reflective of current patterns of inflation and market conditions. Work areas should
be well-equipped, furnished, and maintained in a clean and safe condition. Employers should make sure
that all managers and employees perform the job duties expected of them and motivate their employees
with opportunities and clear direction. Employers should encourage managers to demonstrate positive
attitudes toward employees and take steps to keep unions from becoming overly politicized.

How Labor Disputes Are Settled

Even when employers take steps to try to prevent labor disputes from arising, they can still
occur. Labor disputes should be promptly addressed. Collective bargaining is a way that employees and
managers can talk about possible solutions to the problems causing the disputes. Employers should also
implement steps for resolving problems within the organization and might consider a process of
conciliation or mediation to facilitate resolutions to grievances.

In some cases, adjudication by a governmental agency is necessary as a legal remedy to resolve a

labor dispute. Administrative law judges at the regional level might issue decisions that lead to an end of
a dispute. However, a party can appeal a decision at the regional level to the National Labor Relations
Board, and if the party is unhappy with the decision from the NLRB, it can be appealed to the U.S. Court
of Appeals. Labor litigation can involve complex issues and charged emotions, making it important to
work with an experienced labor and employment attorney throughout the process.

Talk to an Experienced Labor Litigation Attorney

When issues arise under the National Labor Relations Act, including unfair work practices or
union organizing campaigns, it is important to work with an experienced employment and labor law firm
that is experienced in handling employment and labor litigation matters. The attorneys at Swartz Swidler
handle many different types of employment and labor law matters, including discrimination, wrongful
termination, unfair practices, wage and hour litigation, union organizing, collective bargaining, and more.
Contact us today to learn about your rights and the potential legal remedies at (856) 685-7420.

What are the main sources of employment law?

The main sources of employment law comprise:

the Romanian Labour Code (Law no.53/2003) – the universal law related to labour and employment;
and

the Social Dialogue Law (no.367/2022), which sets out the framework for collective labour
relationships and labour conflicts.
In addition, collective bargaining agreements (“CBA”), individual employment agreements and
companies’ internal regulations constitute sources of employment law.

Other important acts are:

Law no.319/2006 regarding health and safety at work.

Law no.67/2006 regarding the protection of workers within the framework of the transfer of
undertakings.

Law no.467/2006 regarding employee information and consultation.

Law no.202/2002 regarding the equal treatment of men and women.

Ordinance no.137/2000 regarding the prevention and sanction of all forms of discrimination.

Ordinance no.96/2003 regarding maternity protection at work.

Emergency Ordinance no.158/2005 regarding holidays and indemnities pertaining to social security.

Order no.2171/2022 regarding the template of individual employment agreements.

Law no.81/2018 regarding remote working.

Extensive secondary legislation has been enacted under many of these

laws.

1.2 What types of worker are protected by employment law? How are different types of worker
distinguished?

The employment legislation provides for the following types of workers:

workers employed under individual employment agreements concluded for an indefinite period of
time (which is the general rule in Romania);

workers employed under fixed-term agreements – these agreements are used only in certain cases
expressly regulated by the law;

temporary workers, who are employed (usually on a fixed-term basis) by a temporary work agency
that puts them at the disposal of a beneficiary;

freelance workers – workers who offer their services on an independent basis on the market; and

day labourers, who may be employed as such to undertake non-skilled activities in certain areas for a
limited period of time.

Workers are distinguished by type of contract, job position, salary, work seniority, etc.
1.3 Do contracts of employment have to be in writing? If not, do employees have to be provided with
specific information in writing?

According to the Romanian Labour Code, an individual employment agreement must be concluded in
writing and in the Romanian language.

1.4 Are any terms implied into contracts of employment?

The Labour Code provides for certain terms to be included in employment agreements. Moreover, Order
no.2171/2022 sets out a mandatory template for individual employment agreements, which all
agreements must observe. Special clauses may be added, but only to the extent that these are in line
with the law, as employees are not entitled to waive any right provided in their favour by the law. Any
contrary provision in an agreement is null and void.

Additionally, a job description is a mandatory attachment to an employment agreement.

1.5 Are any minimum employment terms and conditions set down by law that employers have to
observe?

Employers are obliged to observe the terms and conditions contained in the law and the mandatory
template for agreements, inter alia, regarding:

Minimum salary: Romanian law provides a national minimum monthly basic salary (in 2023, in the
amount of RON 3,000 (approximately EUR 600).

Working time: The normal working time for full-time employees is eight hours/day and 40
hours/week.

Paid leave: Employees are entitled to at least 20 days of paid leave per year.

Rest period: The weekly rest period is of 48 consecutive hours, usually on Saturdays and Sundays.

1.6 To what extent are terms and conditions of employment agreed through collective bargaining?
Does bargaining usually take place at company or industry level?

According to article 37 of the Labour Code, the rights and obligations regarding work relations are set up
according to the law, by negotiation within CBAs and individual employment agreements.

According to the law, CBAs may be concluded at the following levels:

company – currently the most common form of CBA;

company group – not very common;

 economic sectors – these are in principle not binding on all employers within the relevant sector, but
may be declared generally binding; and

national level – reintroduced by the new Social Dialogue Law.

1.7 Can employers require employees to split their working time between home and the workplace
on a hybrid basis and if so do they need to change employees’ terms and conditions of employment?

Any employee activity performed regularly outside a workplace organised by the employer with the use
of information communication technology is defined as telework. According to article 3 of Law
no.81/2018 regarding telework, such activity is based on the parties’ mutual agreement and is expressly
provided in the employment agreement.

The employee’s refusal to perform telework cannot lead to any unilateral contract amendment or
sanction. Therefore, employees cannot be obliged to work on a hybrid basis without their consent.

1.8 Do employees have a right to work remotely, either from home or elsewhere?

Employees may work from home or perform telework, however, only based on mutual consent.