Romania
The ITUC affiliates in Romania are the Blocul National Sindical (BNS), the Confederatia Nationala Sindicala Cartel Alfa (Cartel ALFA), the Confederatia Sindicatelor Democratice din Romania (CSDR) and the Confederatiei Nationale a Sindicatelor Libere din România - CNSLR-FRATIA (CNSLR-FRATIA).
Romania ratified Convention No. 87 on Freedom of Association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
and Protection of the Right to Organise (1948) in 1957 and Convention No. 98 on the Right to Organise and 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
(1949) in 1957.
Legal
Freedom of association / Right to organise
Freedom of association
The right to freedom of association is enshrined in the Constitution.
The right to freedom of association is regulated by law.
Anti-Union discrimination
The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
Barriers to the establishment of organisations
- Excessive representativity or minimum number of members required for the establishment of a union
- The Act No. 62 concerning Social Dialogue requires a minimum of 15 members of the same enterprise to form a union (Art. 2(2)).
Restrictions on trade unions’ right to organise their administration
- Restrictions on the right to elect representatives and self-administer in full freedom
- One of the conditions of eligibility set out in section 8 of the Social Dialogue Act (SDA) excludes “those who serve a sentence complementary to banning the right to hold an office or to perform an occupation of the same nature with those held when committed an offence”. Act No. 144 of 2007 obliges the presidents, vice-presidents, secretaries and treasurers of trade union federations and confederations to publicly declare their wealth and interests every year and grants to the National Integrity Agency (ANI) the power to verify such statements.
- Restrictions on the right to freely organise activities and formulate programmes
- Under section 2(2) of the Social Dialogue Act, workers organizations shall not carry out political activities. Furthermore, the law affords wide powers to state administrative bodies to exercise control over the economic and financial activity of trade unions (Act No. 62 concerning Social Dialogue, Art. 26(2)).
- 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 from forming or joining a union, or from holding a union office
- Others categories
- Pursuant to section 3(1) of the Social Dialogue Act, day labourers, self-employed workers and workers engaged in atypical employment relationships, which constitute an estimated 25.5 per cent of the total employed population in Romania, are excluded from the scope of the Act and therefore cannot exercise their trade union rights.
- Other civil servants and public employees
- Persons who hold public positions, including magistrates, cannot join or establish trade unions (Act No. 62 concerning Social Dialogue, Art. 4)
Others restrictions
- Others restrictions
- Section 29(3) of Act No. 188/1999 on the civil servant statute provides that high-level civil servants or civil servants with budgetary responsibilities are suspended if they choose to exercise activities in the management of a trade union.
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is enshrined in the Constitution.
The right to collective bargaining is recognised by law.
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
- To be representative at the national level, Art. 51 of Act No. 62 concerning Social Dialogue requires cumulative membership of at least 5 per cent of the labour force and territorial structures in more than half of the national municipalities. At enterprise level, the requirement is a membership of at least 50 per cent plus one of the workers of the enterprise.
- Possibility to by-pass representative trade unions and bargain directly with workers’ representatives
- If no trade union attains the majority to be recognized as bargaining agent, the “representatives designated by the employees” become the legitimate partners. According to Art. 135(1) of Act No. 62 concerning Social Dialogue, in enterprises without a trade union meeting the representativeness criteria, if an enterprise-level union exists and is affiliated to a federation meeting the representativeness criteria in the relevant sector of activity, the negotiation of a collective agreement will be carried out by the representatives of that federation together with the elected workers’ representatives. In enterprises without a trade union meeting the representativeness criteria, if an enterprise-level union exists but is not affiliated to a federation meeting the representativeness criteria in the relevant sector of activity, the negotiation of a collective agreement will be carried out by the elected workers’ representatives.
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 (Section 3(b), Act 284/2010). However, Art. 138(4) of Act No. 62 concerning Social Dialogue , allows that in cases where wage entitlements are established in special laws, the concrete wages are determined by collective bargaining, within the legal limits.
Right to strike
Right to strike
The right to strike is enshrined in the Constitution.
The right to strike is recognised in the Labour Law.
Barriers to lawful strike actions
- Excessive representativity or minimum number of members required to hold 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 - 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
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 (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.
Undermining of the recourse to strike actions or their effectiveness
- Excessive civil or penal sanctions for workers and unions involved in non-authorised 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 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
- Discretionary determination or excessively long list of “essential services
essential services
Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
” in which 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 is prohibited or severely restricted - Art. 205 of Act No. 62 concerning Social Dialogue provides that minimum services are set by law.
In practice
The trade union Massa Industrie, member of the BNS IndustriALL Federation, is under constant pressure from the management of the SC AUTOLIV Romania SRL company, a subsidiary of the world’s largest automotive safety supplier. According to the trade union, the management refuses to meet the legally established and representative trade union. More recently, physical and verbal aggressions against the union representatives who were trying to organise and inform the employees have been reported.
Following the changes to the labour law implemented 2016 in Romania which severely undermine freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
and 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
, the ITUC and its affiliates (the Blocul National Sindical, the Confederatia Nationala Sindicala Cartel Alfa, the Confederatia Sindicatelor Democratice din Romania and the Confederatiei Nationale a Sindicatelor Libere din România) have urged the government to amend the legal framework and restore social dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
.
Under the 2016 law, trade unions must represent at least 50+1 per cent of workers in the sector in order to be entitled to negotiate collective agreements. This high threshold makes the possibility to conclude a collective agreement practically impossible.
The prohibitive nature of the prerequisites enshrined in the new legislation becomes even more evident when it is taken into consideration that 42 per cent of employees in Romania work in small- and medium-sized companies that in 32 per cent of cases are so small (less than 21 employees and less than 15 workers per unit) that they do not even have the right to create a union that can engage in 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
.
With the elimination of the collective agreement at the national level and the new reform requiring such strict prerequisites for 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
at the sectoral level, it is clear that industrial relations
industrial relations
The individual and collective relations and dealings between workers and employers at the workplace, as well as the institutional interaction between unions, employers and also the government.
See social dialogue
will shift towards plant-level bargaining. However, from a total of 530,000 enterprises, only about 14,000 have a valid collective agreement signed. It needs to be noted, also, that of these 14,000 only a minor percentage have been signed by representative trade unions, while the vast majority of agreements have been signed by so-called “new representatives of employees” stipulated in the newly reformed Romanian labour law. The representatives of employees who do not enjoy the resources and the “power” of trade unions are in a much weaker position to negotiate, thus the quality of the collective agreements is lower, failing to ensure adequate working conditions and fair wages.
The Confederatiei Nationale a Sindicatelor Libere din România (Cartel ALFA), together with the other confederations, has been trying for the past seven years to amend the laws in order to restore 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 all the efforts are being blocked mainly by the Council of Foreign Investors and the American Chamber of Commerce.
National trade unions deplore the fact that social dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
in Romania has now become an empty shell. There is in fact an intensive campaign led by the authorities and investors to dismantle the trade union movement in the country. The government does not respect the idea of representativeness as it carries out consultations with any workers’ organisation, regardless of its legitimacy to represent workers. It even replaces social dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
with the social partners
social partners
Unions and employers or their representative organisations.
with consultation with non-governmental organisations (NGOs). Trade unions are faced with the persistent refusal of the government and the Parliament to amend the laws which are in clear contravention of 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
Conventions on freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
and 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
.
In the beginning of 2017, SC Lisa Dräxlmaier Autopart Romania SRL in Pitesti practically dismantled its whole operation, which had a very strong union presence, and moved it literally next door to a new plant, run as a branch of SC DAR Dräxlmaier Automotive S.R.L – Sisteme de Productie Cablage from Timisoara. SC Lisa Dräxlmaier transferred its contracts to SC DAR Dräxlmaier. As a result, workers at SC Lisa Dräxlmaier are now partially unemployed. In the meantime, workers are being contacted by a recruitment agency to offer them jobs at the new plant on the condition that they do not join a union and they resign from SC Lisa Dräxlmaier. Personal data of the employees have been made available to unauthorised third parties, namely to recruitment agencies or other companies, which raises serious concerns about the violation of workers’ rights concerning the protection of individuals with regard to the processing of personal data and the free movement (Law 677/2001).
SC Lisa Dräxlmaier Autopart Romania SRL is also in violation of the current collective agreement concerning the reorganisation of the company. Despite numerous requests from the the Blocul National Sindical (BNS) since 2014, there is a complete lack of transparency about the personnel and reorganisation policies of the company.
SC Lisa Dräxlmaier Autopart Romania SRL has also put in place abusive delegation or posting of some employees to work in sites more than 600 kilometres away, including workers, who have paralysed spouses, or autistic children under their care.
The management of SC Lisa Dräxlmaier Autopart Romania SRL is also interfering in trade union activity regarding the payment of trade union dues.
The ITUC, the European Trade Union Confederation, IndustriALL Global Union and industriAll European Trade Union have jointly called on Dräxlmaier to intervene immediately at its Romanian subsidiary SC Lisa Dräxlmaier Autopart Romania SRL.
The company Kablutronik successfully produced cables for fridges and washing machines over the years registering a 20 per cent rise in productivity. Industrial relations
industrial relations
The individual and collective relations and dealings between workers and employers at the workplace, as well as the institutional interaction between unions, employers and also the government.
See social dialogue
also tended to be constructing at the company resulting in a collective agreement stipulating a salary raise of 12 per cent for the workers as well as other benefits such as meal and holiday vouchers. However, at the end of the bargaining process the manager refused to finalise the conclusion of the agreement and instead signed additional addendums to each individual employment contract. Although the employer explained this refusal by citing “orders from Turkey”, the real reason seems to be the company’s plan to hire more workers. The individual negotiation of work contracts would make this a much less costly investment. The company therefore seems to have resorted to weakening 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
. The trade union has brought the case to court, requesting the formal recognition
recognition
The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union.
of the result of the bargaining process and in the meantime has called for 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
to exercise pressure on the management.
Changes to the labour law have been implemented throughout 2016 in Romania. The new regulation stipulates that trade unions must represent at least 50+1 per cent of workers in the sector in order to be entitled to negotiate collective agreements. This high threshold makes the possibility to conclude a collective agreement practically impossible.
The prohibitive nature of the prerequisites enshrined in the new legislation becomes even more evident when it is taken into consideration that 42 per cent of employees in Romania work in small and medium sized companies that in 32 per cent of cases are so small (less than 21 employees and less than 15 workers per unit) that they do not even have the right to create a union that can engage in 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
.
With the elimination of the collective agreement at national level and the new reform requiring such strict prerequisites for 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
at sectoral level, it is clear that industrial relations
industrial relations
The individual and collective relations and dealings between workers and employers at the workplace, as well as the institutional interaction between unions, employers and also the government.
See social dialogue
will shift towards plant-level bargaining. However, from a total of 530,000 enterprises, only about 14,000 have a valid collective agreement signed. It needs to be noted, also, that of these 14,000 only a minor percentage have been signed by representative trade unions, while the vast majority of agreements have been signed by so-called “new representatives of employees” stipulated in the newly reformed Romanian labour law. The representatives of employees who do not enjoy the resources and the “power” of trade unions are in a much weaker position to negotiate, thus the quality of the collective agreements is lower, failing to ensure adequate working conditions and fair wages.
The National Trade Union Confederation (NTUC) “Cartel ALFA”, together with the other confederations, has been trying for the past five years to amend the laws in order to restore 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 all the efforts are being blocked mainly by the Council of Foreign Investors and the American Chamber of Commerce.
In November 2015 various trade unions (among them the National Trade Union Petrom-Energy FNS Solidaritatea Metal – SMETAL; Federatia Sindicatelor Libere din Chimie Si Petrochimie FSLCP and Federatia Sindicala CRAIMODEX CRAIOVA - Secteur Textile) picketed in front of the Ministry of Labour in Bucharest to denounce the erosion 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
rights in the Romania. It was, in fact, under the pressing impulse of the international Monetary Fund that the Romanian government approved in 2011 the Law 62 on Social Dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
. Such reform, approved without being discussed in Parliament as a sort of “emergency measure” in response to the crisis, completely abolished 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
at national level and made sector level bargaining virtually impossible. Following this anti-democratic reform, the situation worsened significantly for Romanian workers: many local unions have lost representative status, and therefore there has been a massive decline in the number of collective agreements signed by trade unions. Furthermore, in line with the reforms imposed by the Troika in the vast majority of southern European States, the legislation has also made it easier for employers to use non-standard employment contracts extending the maximum period for fixed-term employment from 24 to 36 months. The vast majority of the new jobs created happen to be precarious and employers have taken advantage of tax legislation to reduce the number of workers on open-ended contracts and replace them with the more flexible fixed-term contracts.
The Company SC OMV Petrom SA signed a collective agreement with National Union Petrom-Energie Federation excluding arbitrarily the other industry-level union, namely Federatia Sindicatelor Libere si Independente ENERGETICA. Such an agreement changed the definition of “representative trade union” designing it in order to discriminate against both the members of the non-signatory union and the union itself. In fact, the new collective agreement provided exclusive wage increases, financial incentives and preferential shift systems reserved to workers affiliated with the signatory union and other provisions discriminating against the non-signatory union, denying its access to relevant documents and participation in various committees at the enterprise level.
On 19 March, Romania’s Ilfov court ordered the reinstatement of a trade union leader unfairly dismissed by Wizz Air. Mr Mircea Constantin, president of Sindicatul Aerolimit (the cabin crew union at Wizz Air’s base in Bucharest), was, in fact, illegally dismissed because of his decision to create a trade union in the company. Despite campaigning by the ETF and ITF together with the European Trade Union Confederation (ETUC), which included a LabourStart campaign that gathered nearly 10,000 signatures worldwide, Wizz Air refused to reinstate the dismissed workers. Nevertheless, Wizz Air now has no choice but to comply with the Court decision reinstating the trade unionist and paying compensation equal to his salary.
SC Erdemir Romania dismissed 10 workers who took part in the protest organized to ask for better working conditions within the framework of collective negotiation between 5 and 7 February 2013. The court ruled in favour of the employees and ordered the reinstatement of the workers which has been appealed by the employer. SC Energy Complex Oltenia decided to stop collecting and remitting union dues to the National Federation of Mine and Energy despite an existing collective agreement on 5 July 2013. The Trial Court of Gorj ruled that this illegal and ordered the remittance of union dues. However, the company has refused to implement this ruling. The SC Nitroporos SRL (Fagaras) has not paid union dues to the Free Union “Nitramonia - Rompiro” for the period April 2011 to March 2013. The Brasov Court ruled in favour of the union on 14 February and ordered the company to pay RON205.091.
Moreover, Cartel ALFA reports the refusal of SC CARREFOUR ROMANIA SA to disclose the relevant and necessary information to the Unions in the framework of the 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
during the period May 2013 to July 2013.
In April 2014 more than 300 employees at the Maglierie Cristian factory staged 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
, complaining their salaries were late and fearing they would not even be able to give their families a decent meal for Easter. Cristi Deseanu, 29, one of the strikers, was dismissed together with a colleague who was another vocal protestor at the 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
. Management argued that Cristi Deseanu quit his job voluntarily. The Italian-owned knitwear factory, Maglierie Cristian Impex, is the biggest employer in the area of Calafat. The majority of the workers employed at the company are women whose salaries are far below the living wage.
In April 2014, more than 300 employees at the Maglierie Cristian factory staged a wildcat 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
, complaining their salaries were late and fearing they would not even be able to give their families a decent meal for Easter. Cristi Deseanu, 29, one of the strikers, was dismissed together with a colleague who was another vocal protestor at the 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
, but luckily their colleagues were eventually paid. Despite the senior company official having stated that Deseanu quit his job voluntarily, company papers showed that the firm effectively dismissed him. The unfair dismissal was based on an internal disciplinary finding, showing that Mr Deseanu took part in an unauthorised 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
tarnishing the image of the company. The Italian-owned knitwear factory, Maglierie Cristian Impex, is the biggest employer in the area of Calafat; it has produced clothes for big names such as Kenzo, Escada, Marc O’Polo, Faconnable and Inditex and for the Spanish-based giant whose brands include Zara and Massimo Dutti. Factory owners say they face intense pressure from brands to keep costs low. The workers, who are overwhelmingly women, are often hired on the legal minimum wage of a couple of hundred euros a month and may earn even less; they can wait months to get their pay, which is far below the “living wage” set in Romania.
In Sindacutul ‘Pastorul Cel Bun’ v. Romania [2013] ECHR 646 the European Court of Human Rights overruled an earlier decision of the Third Section in favour of the Romanian government with respect to the refusal to register a trade union established by priests. The Archdiocese is opposed to registration arguing the union’s constitution was incompatible with the duties accepted by priests. The Grand Chamber recognised there was interference in the right to freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
but considered this interference necessary and proportionate with respect to the protection of Article 9. It was held that in refusing to register the union, “the State was simply declining to become involved in the organisation and operation of the Romanian Orthodox Church, thereby observing its duty of neutrality under Article 9 of the Convention”.
Metrotex management refused to negotiate a new collective agreement with the Free Trade Union of Metro and Aviation Workers (USLMA). The existing collective agreement expired in March 2013.
The Tarom National Technical Trade Union has reported that the management of the national airline, CN Tarom SA, has been refusing to negotiate with the union over a new contract despite the fact that it continues to represent workers. It is understood that the company may be using a gap created as a result of a new law, the Social Dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
Act, to justify the action. New criteria have been introduced in how social partners
social partners
Unions and employers or their representative organisations.
represent workers and also 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
, but the government had not defined the sectors in which agreements can be signed.
At the beginning of the year, Romania remained the last new EU member state from Central and Eastern Europe not to have settled the issue of trade union assets. In December 2009 the Romanian senate had rejected a bill on trade union assets proposed by a commission composed of members of the government and representatives of trade union confederations. In January 2010 the international trade union movement called on the Romanian government and President to promulgate the law on retrocession as adopted by the commission in order to solve the issue of distribution of trade union assets, and thereby enabling trade unions in Romania to pursue their activities freely and securely.
Although anti-union activities are prohibited, the sanctions for restricting trade union activities are rarely, if ever, applied in practice. The procedure for lodging a complaint is too complicated, and the authorities do not prioritise the trade unions’ complaints. There are also reports that labour inspectorates do not always respect the confidentiality of the complaints, and that some employers prefer facing penalties to complying with the labour law.
In recent years some employers have been trying to block the creation of trade unions within companies and have even warned workers against discussing unionisation with outsiders. There have been reports that unscrupulous employers – usually foreign companies – make employment conditional upon the worker agreeing not to create or join a union. If a trade union representative loses his or her job, he or she will hardly ever be allowed back to the company premises to meet with trade union members. Self-employed workers who wish to form or join a union are especially at risk.