Waiver of judgment and waiver of the right claimed – An analysis under article 38 of the Labour code –

DEZBATERI

Abstract

Waving of judicial proceedings and waving of rights have certain specific characteristics in light of Labor law, namely in light of art. no 38 which sets imperative limits to freedom to negotiate and to waving legal rights. Without denying the importance of art. no 38, it is mandatory to ponder upon overprotective provisions in art. no. 38 in the social-economic context of our days and determine if they do not turn into obstacles in the developement of labor relationships. It is certain that moulding of art. 38 is not o question of interpretation, but it requires immediate legislative intervention.

The present study aims to highlight de lege lata deficiencies and to formulate de lege ferenda propositions in order to improve the present legislative framework.

Keywords: Waver of judicial proceedings, waver of rights, limits of negotiation under labor law, Labor Law art. no. 38, overprotective legislation.