Capital: Bucharest

See collective bargaining agreement
and the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike . Protests at the government’s austerity measures have been frequent, and there are fears about further reforms of the labour code.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2011
Background
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Bucharest

reported violations- 2011
Trade union rights in law
Trade union rights remain inadequate, although revisions of relevant labour laws have been initiated with ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
assistance. The 2003 Trade Union Law recognises the right of workers to establish and join a trade union, but the procedure for registering a union is long and cumbersome. Unions’ internal freedom is limited, as the law requires prior approval of amendments to unions’ internal rules, and state administrative bodies have wide powers to control unions’ economic and financial activities.
Trade union officials have by law a right to a shorter work schedule for trade union activities without loss of pay, but in a recent ruling, No. 1276/2010, the Constitutional Court declared this provision unconstitutional. The law also provides for sanctions for obstructing union activities; however, those sanctions cannot be applied in practice due to loopholes in the Penal Code. The right to collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
is only secured in workplaces where there are at least 21 employees, and the scope of bargaining in the public sector is limited. Furthermore, collective disputes can be referred to compulsory arbitration
arbitration
A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation
by virtue of the Labour Disputes Settlement Act.
A lawful strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
can only be called in defence of workers’ economic interests, and the law provides for compulsory arbitration
arbitration
A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation
where a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
lasts more than 20 days. Should a court declare a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
illegal, the trade union has to pay damages and its leaders may be dismissed. A minimum service
minimum service
The operations needed in a public or private establishment during a strike, normally to avoid compromising the life or basic needs of the population or causing irreversible damages.
See Guide to the ITUC international trade union rights framework
of one third of the normal activity must be provided in the event of a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in a number of sectors, including public transportation.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by a Labour Code.
- >The right to freedom of association is regulated by law.
As a follow-up to the ILO technical assistance mission to Romania in May 2008, the social partners and the government decided to revise the Law on Trade Unions, the Law on Employers’ Organisations, the Collective Labour Contract Law, and the Labour Disputes Settlement Act. They also agreed to revise the Law on the Economic Social Council. The revised texts have not yet been transformed into law.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
Throughout the mandate and two years after its completion, the employment contract of the trade union leader cannot be terminated for unjustified reasons unless the elected leadership of the trade union agrees. Even though the law on trade unions provides for sanctions for obstructing trade union activities, those sanctions cannot be applied in practice due to loopholes in the Penal Code.
Restrictions
Legal barriers to the establishment of organizations:
- >Other formalities or requirements which excessively delay or substantially impair the free establishment of organisations
- The law provides for a long and cumbersome procedure for the registration of trade unions.
Restrictions on workers' right to form and join organizations of their own choosing:
- >Restrictions on workers' right to join the trade union of their choosing imposed by law (i.e. obligation to join a trade union of a certain level e.g. enterprise, industry and/or sector, regional and /or territorial national)
- Workers exercising more than one occupational activity do not have the right to establish or join more than one organisation.
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to freely draw up their constitutions and rules
- The law requires prior approval of amendments to unions\' internal rules.
- >Restrictions on the right to freely organise activities and formulate programmes
- The law affords wide powers to state administrative bodies to exercise control over the economic and financial activity of trade unions.
- >Other external interference allowed by law
- The law provides that trade union officials have the right to a shorter work schedule for trade union activities without the loss of pay. However, in a recent ruling, No. 1276/2010, the Constitutional Court decided that this provision is unconstitutional.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Armed forces
- >Other civil servants and public employees
- High-level government officials, public prosecutors and judges are not allowed to establish or join a union. High-lev+E87el civil servants cannot be elected to leadership posts in trade unions.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is enshrined in the Constitution.
- >The right to collective bargaining is recognised by law.
Restrictions
Legal barriers to the recognition of collective bargaining agents:
- >Excessive requirements in respect to trade unions' representativity or minimum number of members required to bargaining collectively
- Collective agreements can only be negotiated in workplaces where there is a minimum of 21 employees.
Restrictions on the principle of free and voluntary bargaining:
- >Exclusion of certain matters from the scope of bargaining (e.g. wages, hours)
- In the public sector the following subjects are excluded from the scope of collective bargaining: base salaries, pay increases, allowances, bonuses and other staff entitlements which are fixed by law.
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
- >The right to strike is regulated by a Labour Code.
- >The right to strike is recognised in the Labour Law.
Restrictions
Legal barriers to lawful strike actions:
- >Excessive representativity or minimum number of members required to hold a lawful strike
- A decision to call a strike must be approved by at least 50% plus one of the employees in the particular company.
Ban or limitations on certain types of strike actions:
- >Restrictions with respect to the objective of a strike (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons)
- Strikes can only be held to defend the economic interests of the workers and must not be used for political reasons. A solidarity strike can be called by a trade union affiliated to the same federation or confederation, but may not exceed 24 hours.
Undue interference by authorities or employers during the course of a strike:
- >Authorities' or employers' power to prevent or end a strike by referring the dispute to arbitration
- Act No. 261/9 of 2007 concerning the settlement of labour disputes provides for compulsory arbitration where a strike lasts more than 20 days. The management of a production unit may also demand the suspension of a strike for a maximum period of 30 days if the strike endangers the life or health of individually. An irrevocable decision may be taken in this regard by the Court of Appeal.
Provisions undermining the recourse to strike actions or their effectiveness:
- >Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- If a court declares a strike illegal, the trade union has to pay damages and its leaders may be fired.
Limitations or ban on strikes in certain sectors:
- >Undue restrictions for "public servants"
- Prosecutors, judges, employees in the Ministry of Defence and the Romanian Intelligence Service, as well as public servants with special status in the Ministry of the Interior do not have the right to strike.
- >Discretionary determination or excessively long list of "services of public utility" in which a minimum operational service is can be imposed in the event of strikes
- Employees in sanitary services, nuclear facilities, the firefighting service, pharmacies, schools, communications, radio and television, transport and the supply of essential services (gas, electricity, etc.) must provide a minimum service of one third of normal activity in the event of a strike.
- >Unreasonable or discretionary (i.e. without negotiation with social partners or absence of an independent authority in the event of disagreement) determination of the extent of the "minimum service" to be guaranteed during strikes in public services
- In case of strikes in public transportation, one third of the unit\'s normal activity must be ensured.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Bucharest

reported violations - 2011
In practice
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Bucharest

reported violations - 2011
Violations
See collective bargaining agreement
. On 17 February the trade union “Postman” had registered a demand with the Agency to the effect that the National Romanian Post Company S.A. should invite them to the mandatory annual round of collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
, but the Agency refused to agree to their demand.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Bucharest
