4 Juridical Trib. 7 (2014)

handle is hein.journals/juridtrib4 and id is 1 raw text is: 




                      STUDIES AND COMMENTS


                      Negotiation within labor relations


                                                       PhD Student Tulia BADOI1


        Abstract
        Negotiation is the process we use in order to obtain things that we want and are
controlled by others. Any desire we intend to fulfill, any need that we are obliged to meet is
a potential bargaining situations. Between groups and individuals, negotiation occurs
naturally, as some have one thing that the other wants and is willing to bargain to get it.
More or less we are all involved in negotiations: closing a contract, buying a thing,
obtaining sponsorships, collective decision making, conflict resolution, agreement on work
plans. Within the field of labor relations, negotiation can occur on the occasion of closing /
amending employment contracts or in order to regulate employment or work relations.
Moreover, used properly, the negotiation can be an effective tool for solving labor disputes,
with benefits for both involved parties. This paper aims to present negotiating principles
and steps to follow in planning and preparing negotiations and the negotiating techniques
that can lead to a successful negotiation based on a well-developed plan.

        Keywords: negotiation, social partners, labor contract, labor conflict, negotiation
techniques.

JEL classification: K31


        1. Negotiation notion and characteristics

        1.1. The concept of negotiation
        Widely, the negotiation represents the action of dealing, discussing with
the purpose of reaching to an agreement. The Explicative Dictionary of the
Romanian Language defines the negotiation as being the action of negotiating and
its results. To negotiate supposes to deal with somebody towards closing an
economic, politic, cultural convention; to intermediate, to close a deal, to run
several commercial operations.
        Negotiation assumes successive discussions, a verbal communication
partners with equal rights and obligations. Negotiation appears as a concentrated
form of inter-human communication where two or several parties disagreeing wish
to reach to a settlement for a common issue of reach a common purpose; to


J Iulia Bddoi - Bucharest University of Economic Studies, Law Department, iulia.badoi@yahoo.com.

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