Finding Effective Action in the Field of Labour Relations

Abstract

The actions in the finding, regulated by art. 35 of the Code of Civil Procedure are actions whereby the applicant requests the court to establish only the existence or non-existence of a right, but without requiring the defendant to comply with that right by giving, doing or doing something. The provisions of art. 16 of the Labour Code are a real obstacle to the plaintiff's request to seek an action for a declaration that he has obtained a decision in favor of an employer without an individual employment contract because seeing the application of a contravention fine. It is not justifiable to apply for such an action either in respect of applications for the possibility of finding by court or by obliging the employer to take up employment under special or special conditions of work. The use of the action for finding in the field of employment is limited only to the finding of a legal relationship of employment which ceased before the court's request and not to an employer to conclude an employment contract in written form.