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Theoretical and Practical Fundamentals of the Legal Institution of Social Partnership in Labour Sphere


Author: Eduard BOIŞTEANU
Degree:doctor habilitat of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2015
Institution: Moldova State University

Status

The thesis was presented on the 23 April, 2015
Approved by NCAA on the 28 May, 2015

Abstract

Adobe PDF document – 0.34 Mb / in romanian

Keywords

social partnership in labour sphere, social dialogue, bipartism, tripartism, collective bargaining, collective agreement, collective convention, social partners, trade unions, employers’ organisations.

Summary

Field of study: labour law, interference of public law with private law, private labour law, collective labour law.

Thesis structure:The thesis was developed in 2013, consisting of: introduction, as an initiation into the study, four chapters, general conclusions and recommendations, 284 basic text pages, bibliography listing 474 sources, 16 annexes, annotation and list of abbreviations. The results obtained are reflected in 26 scientific publications.

Keywords: social partnership in labour sphere, social dialogue, bipartism, tripartism, collective bargaining, collective agreement, collective convention, social partners, trade unions, employers’ organisations.

Purpose and objectives of the thesis. The purpose of the thesis is to comprehensively approach the institution of social partnership in labour sphere through international instruments, national legislation and doctrinal opinions. It has also been aimed at enriching the legal literature on targeted problems and improving the national legislation in this area, making it compatible with the international one. The research object of the thesis is focused on the scientific analysis of the general concept of social partnership, as well as on highlighting its significance in the area of collective labor relations.

Scientific novelty of the results obtained consists in the formulation of some theoretical and practical conclusions and presentation of de lege ferenda proposals aimed at improving the legislation in this field. At the same time, the present thesis is a monographic study on which pages has been conducted an exhaustive and complex research of the legal institution of social partnership in labour sphere. Furthermore, the works of the well-known scholars in the field anthropology, legal philosophy and sociology such as Emile Durkheim, Eugen Ehrlich, Hans Kelsen, Alain Supiot were used to elucidate the concept of social partnership, which fact contributed to the realization of a multidimensional significance of social partnership in the social and economic sphere. Also, the legal status of social partners involved in the implement-tation of social partnership has undergone a complex and exhaustive analysis. Fundamentally new results obtained for science and practice, which lead to resolution of an applicative, scientific problem of major importance. The scientific problem resolved lies in scientific and methodological substantiation of the legal mechanism of organization and implementation of social partnership in labour sphere in the Republic of Moldova, which led to the development of practical tools (methodological guides) for social partners on forms of achieving social partnership and, which also enabled theorists and practitioners in the field of labor law to clarify the framework and purpose of social partnership as the most important way of achieving economic and social democracy. The present thesis has a two-dimensional significance. The epistemological significance of the work lies in addressing the concept of social dialogue through the corporate theory of Emile Durkheim, of the theory of "alive" law developed by the sociologist Eugen Ehrlich and, not least, through the theory of Hans Kelsen on the legal levels pyramid. The praxeological significance of the thesis lies in addressing the practical aspects regarding the role and forms of achieving social partnership in the sphere of labour relations.

Theoretical significance and value of the thesis is determined by the social and legal importance of social partnership in labour sphere for socio-economic policies of the state. The study comprises a comparative research of the normative framework on collective bargaining, acts of social partnership and collective labour disputes existing in many countries. In conclusion, we are of the opinion that the thesis will certainly serve as a starting point in research for other specialists in the field of labour law or other fields.