Bill on Social Dialogue (07-07-2012)
ROMANIA - The Ministry of Labour of Romania has initiated a bill to modify the Act on Social Dialogue No. 62/2011. This reflects the change in political orientation and in the relationship between trade unions and entrepreneurs’ associations, because it includes more protective measures for trade unions and simplifies the procedure to initiate strikes. Several modifications in fact revert the Act to the legal regime stipulated by the previous Act on Trade Unions No 54/2003. The amendments also aim to harmonise the Act on Social Dialogue with the new Civil Code (for instance, regarding mergers of trade unions), as well as harmonisation between the Act on Social Dialogue and the Labour Code.
The most important amendments proposed include:
- more protection for trade union leaders (their dismissal shall be prohibited during their mandate and 2 years after their mandate ends);
- simplified procedure for trade unions to acquire legal personality;
- recognition of the right of association of freelancers and day labourers in trade unions;
- obligation of the employer to provide unions with operational space;
- return to the obligation of annual collective negotiations of salaries and working conditions;
- obligation of the employer to provide employees with additional information during the collective negotiations;
- return to the erga omnes opposability of the provisions of the collective labour agreement, at the level of unit, group of units, and sector;
- the right of the representative unions at the national and sector level to negotiate collective labour agreements at lower levels where they have affiliated unions;
- reduced responsibilities for employee representatives (no longer appointed in units without union memberships);
- removal of the procedure of conciliation prior to strikes;
- extension of the possibility to initiate collective conflicts – and subsequently strikes – which, for the first time, has been included in Romanian legislation, over the case of violation of provisions of the collective agreement.
Thus, collective conflict can be initiated if at least 20% of employees have collectively not been granted the individual rights stipulated in applicable collective or individual agreements. De lege lata, such conflicts can be only resolved in court as conflicts of rights.
Romanian Official Gazette No. 322 of 10 May 2011.