(1) Collective labor disputes mean unresolved differences between employees (their representatives) and employers (their representatives) regarding the establishment and modification of working conditions (including the salary), regarding the conduct of collective bargaining, the conclusion, modification and execution of collective bargaining agreements and collective agreements, regarding the employer's refusal to take into account the position of employees' representatives in the process of adopting, within the unit, legal acts containing norms of labor law, as well as divergences regarding the economic, social, professional and cultural interests of employees, appeared at different levels between the social partners.

(2) The moment of triggering the collective labor dispute represents the date on which the decision of the employer (its representatives at different levels) or, as the case may be, of the respective public authority regarding the refusal, totally or partially, to fulfill the demands of employees (their representatives) or the date on which the employer (his representatives) or the respective public authority had to respond to these claims, or the date of drawing up the report on the divergences within the collective bargaining.

(3) The conciliation procedure means the examination of the collective labor dispute, in order to resolve it, within a conciliation commission.

(1) In all cases where in a unit there are the premises for initiating a collective labor dispute, the employees' representatives have the right to submit to the employer their claims regarding the establishment of new working conditions or modification of existing ones, collective bargaining, conclusion, modification and execution of the collective labor contract.

(2) The employees' claims are submitted to the employer (his representatives) in written form. They must be substantiated and contain concrete references to the infringed rules of the legislation in force.

(3) The employer is obliged to receive the submitted claims and to register them in the established manner.

(4) The copies of the claims may be handed over, as the case may be, to the hierarchically superior bodies of the unit, the employers' associations, the branch unions, the central and local public authorities.

(5) The employer is obliged in written form to respond to the employees' representatives within 5 working days from the date of claims registration.

(1) The conciliation procedure takes place between the parties of the conflict, within a conciliation commission.

(2) The Conciliation Commission consists of an equal number of representatives from each of conflict parties, by the initiative of one of them.

(3) The conciliation commission is set up ad hoc, whenever a collective labor dispute arises.

(4) The order (disposition, decision, resolution) of the employer (his representatives) and the respective decision (disposition) of the employees' representatives shall serve as the basis for the establishment of the conciliation commission.

(5) The chairman of the conciliation commission is elected by the majority of votes of the commision members.

(6) The employer is obliged to create normal working conditions for the conciliation commission.

(7) The debates of the conciliation commission shall be recorded in a report drawn up in 2 or more copies, as the case may be, in which the general or partial measures for resolving the conflict, on which the parties have agreed, shall be indicated.

(8) The Commission shall reconcile the parties to the collective labor dispute within a maximum of 10 working days from the date of the commission establishment. This period may be extended once by an written agreement from commision members. If the members of the conciliation commission have reached an agreement on the claims submitted, the commission will adopt a binding decision for the parties to the conflict, which it will submit to them within 24 hours of adoption.

(9) If the members of the conciliation commission have not reached an agreement, the chairman of the commission informs conflict parties in written form within 24 hours.

(1) In case the parties to the conflict have not reached an agreement or do not agree with the decision of the conciliation commission, each of them, within 10 working days from the date of expiration of the term for conciliation of the collective labor dispute by the conciliation commission or, as the case may be, from the date of adopting the decision or receiving the respective information (art. 359 par. (8) and (9)), is entitled to submit a request for settlement of the conflict in the court.

(2) The court shall summon the parties to the dispute within 10 working days from the date of registration of the application.

(3) The court shall examine the request for settlement of the collective labor dispute within a maximum of 30 working days from the date of its registration and shall issue a decision with the right to appeal according to the Code of Civil Procedure.

(4) The court shall remit its decision to the parties within 3 calendar days from the date of issue.

(1) The requests regarding the settlement of collective labor disputes regarding the finding of the nullity of the collective labor contract, of the collective agreement or of some clauses thereof may be submitted by the parties to the courts starting with the date of signing the collective labor contract or collective agreement.

(2) The requests regarding the settlement of the collective labor conflicts regarding the ascertainment of the legality of the strike may be submitted by the parties to the courts starting with the date of declaring the strike according to art. 362.

(3) The applications indicated in paragraphs (1) and (2) shall be examined according to art.360.