Law No. 62 2011 On Social Dialogue 2020

Law no.
62/2011 on social dialogue
The text of the law in force no. 62/2011, Law on social dialogue, republished
TITLE I
General provisions
Article 1
For the purposes of this Act, the words and expressions which are specified below have the
following meanings:
a) the social partners - trade unions or trade unions’ organizations, employers or employers’
organizations, as well as the representatives of the public authorities, which interact in the process
of social dialogue;
b) social dialogue – the voluntary process by which the social partners are able to inform, consult
and negotiate for concluding agreements concerning the issues of common interest;
(i) information - transmission of data by the employer to the union or, as the case may be, to the
employees’ elected representatives, to enable them to familiarize themselves with the issue of the
debate and to examine the question;
(ii) consultation - exchange of views within the social dialogue framework;
(iii) collective bargaining - bargaining between an employer or employers’ organisation and trade
union or trade union’ organizations or employees’ representatives, as appropriate, aimed at
regulating the labour relations or service relationships between the two parts, as well as any other
agreements in the matters of common interest;
c) bipartite social dialogue - dialogue that took place only between trade unions or trade unions’
organizations and employers and employers’ organizations;
d) tripartite social dialogue - dialogue between trade unions or trade unions’ organizations,
employers or employers’ organizations and the public administration authorities;
e) employer - the natural or legal person who, according to the law, can employ a labour force
based on an individual labour contract or a service relationship;
f) employers’ organizations – employers’ organization, autonomous, non-political, established on
the basis of the principle of freedom of association as a legal person in private law, without
patrimonial purpose, established aimed to defend and promote the rights and interests of its
members, provided for by the legal provisions in force, pacts, treaties and international
conventions to which Romania is a party, as well as its own statutes;
g) employee - an individual, part of an individual labour contract of or service relationship, which
provides work for and under the authority of an employer and enjoys the rights provided for by law,
and the provisions of applicable collective contracts or agreements;
h) employees’ representatives – those elected and authorized by employees to represent them,
according to the law;
i) collective labour agreement - the convention concluded in written form between an employer
or employers’ organization and representatives of the employees, setting clauses on rights and
obligations arising out of the labour relations. The conclusion of the collective agreements aims the
promotion and defence of the interests of the contracting parties, prevention or limitation of
collective labour conflicts, in order to ensure social peace;
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Law no. 62/2011 on social dialogue
j) collective agreement - the convention concluded in written form between the trade unions’
organization of the civil servants or public servants with special status, their representatives and
the representatives of the public authority or institution;
k) unit - the legal person employing directly labour force;
l) group of units - a form of structuring for the purpose of collective bargaining at this level. It
may be formed of two or more units that have the same core activity, according to the
classification code of the national economy, the NACE code;
The national companies, the autonomous administrations, the institutions or public authorities
may set up groups if they have composed, subordinated or are responsible for coordinating or other
legal persons that employ labour force;
m) depository of the collective labour agreements — the public authority competent to register
the collective labour agreement;
n) labour dispute – the dispute between employees and employers concerning the interests of
economic, professional or social rights resulting from the deployment of labour agreement or
service relationships. The labour disputes can be collective or individual;
o) collective labour dispute - dispute which appears between the employees and employers that
covers commencement, pursuit or conclusion of negotiations on collective labour contracts or
agreements;
p) individual labour dispute - dispute which has as its object the exercise of rights or performance
of obligations arising from collective and individual contracts or collective labour agreements and
service relationships of public servants, as well as from laws and other normative acts. They also
are considered individual labour conflicts the following:
(i) disputes in connection with the payment of compensation to cover damages caused by non-
compliance or fulfilment through parts of the obligations laid down in the individual labour
agreement or service relationship;
(ii) disputes in relation to the finding of nullity of individual labour agreements or clauses thereof;
(iii) disputes in connection with a determination of termination of service relationships or clauses
thereof;
q) parties entitled to negotiate a collective labour agreement - employers, employers’
organization or trade unions’ organizations which meet the conditions laid down by law to
participate in the negotiation of a collective labour agreement;
#M6
r) sectors of economic activities – the sectors of the national economy that are set down by the
Tripartite National Council and are approved by the Government Decision;
#B
s) mutual recognition – the volunteer agreement whereby partners recognize each other’s
legitimacy in order to establish a common approach;
t) representativeness - attribute of employers’ or trade unions’ organizations acquired under the
provisions of the present law, which confers the status of authorized social partner to represent
their members in the framework of institutionalised social dialogue;
u) trade union organization - generic name for Union, Federation or Confederation of Trade
Unions. Is constituted on the basis of free association right, for the purpose of defending the human
rights provided for in national legislation, collective agreements and individual or collective labour
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agreements, and well as in pacts, treaties and international conventions to which Romania is a
party, in order to promote professional, economic and social interests of its members;
v) employer - legal entity registered, authorized person according to the law or the person who
exercises independently according to law a trade profession, who administers and uses capital in
order to obtain profit within competition conditions and employs paid labour;
w) union - voluntary organizing form of employees, aimed at defending the rights and promoting
their professional, social and economic interests towards the employer relationship.
TITLE II
Trade union organizations
CHAPTER I
General provisions
Article 2
(1) Trade unions are independent of public authorities, towards political parties and employers
organizations.
(2) Trade union organizations cannot carry out political activities.
Article 3
(1) The persons employed with an individual labour agreement, the civil servants and the public
servants with special status under the law, members of the cooperative and the farmers employed
shall be entitled, without any containment or prior authorization, to set up and/or join a union.
(2) For setting up of a trade union there is required a number of at least 15 employees from the
same unit.
(3) No person shall be forced to take part or to not be part of, to withdraw or not withdraw from
a trade union organization.
(4) A person may belong, at the same time, to only one trade union organization at the same
employer.
(5) Employees are either infant, from the age of 16 years, may be members of a trade union
organization, without the need for prior approval of their legal representatives.
Article 4
Persons holding public dignity under the law, magistrates, active military personnel form the
Ministry of National Defence, the Ministry of Administration and Interior, the Romanian Intelligence
Service, the Protection and Guard Service, the Foreign Intelligence Service and the Special
Telecommunications Service, and/or subordinated units or their coordinating subunits cannot form
and/or join a trade union organization.
CHAPTER II
The setting up, organisation and functioning of the trade union organizations
SECTION 1
The trade union organizations’ statute
Article 5
The setting up, organization, functioning, reorganisation and termination of the trade union
organization shall be regulated by statute adopted by its members, while respecting the legal
provisions. In the absence of express statutory provisions concerning the reorganisation and
termination of activity of a trade union organization there are gone to apply to common law
provisions regarding termination of a legal person.
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Article 6
(1) The statutes of the trade unions’ organisations shall comprise at least the following
provisions:
a) the setting up object, the name and trade union registered office;
b) the way it acquires and cease the membership of the trade union organization;
c) the rights and duties of the members;
d) the method of establishing and collecting of the membership fee;
e) the executive management bodies, their designation, choose and revocation, their mandates’
durations and tasks;
f) the conditions and rules of deliberation to amend the statute and for decisions’ adaptation;
g) the size and composition of the original heritage;
h) Scission, merging or dissolution of a trade union organization, transmission or, where
appropriate, liquidation of property.
(2) The statutory causes contrary to the laws in force are null and void.
Article 7
(1) The trade unions have the right to develop their own regulations, to be freely chosen
representatives, to organize and work management and to develop their own programmes of
action, in compliance with the law.
(2) Any intervention on the part of public authorities, employers and their organizations that
would serve to restrict or hamper the exercise of the rights referred to in paragraph (1) it is
forbidden.
SECTION 2
The management of the trade union organizations
Article 8
They may be elected in the governing bodies of trade unions who have full exercise capacity and
can’t run the complementary penalty prohibition of the right to occupy the function of exercising
a profession or craft or carrying out the activity which has been used for committing the offence.
#B
Article 9
The members of the management bodies of the trade union organizations shall be provided with
protection of the law against any form of conditioning, compulsion or restriction in the exercise of
their functions.
Article 10
(1) It is prohibited to amend and/or termination of individual labour agreements of trade union
organizations’ members for reasons related to trade union membership and trade union activity.
(2) The provisions of paragraph (1) apply properly to service relationships of civil servants and
public servants with special status.
Article 11
The period during the person elected in the governing body is remunerated by the trade union
organization constitutes seniority into work.
Article 12
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Through collective labour agreements or, where appropriate, through collective agreements
concerning the service relationships, may be established in accordance with the law, other
protective measures than those provided for in Articles 10 and 11 for those elected into the
executive bodies of the trade unions’ organizations.
Article 13
The executive governing body of the trade union organization has an obligation to keep track
record of the number of members, the revenues and expenses of any kind.
SECTION 3
The acquiring of legal personality
Article 14
(1) For acquiring of legal personality by the trade union, the special empowered representative
of the union’s founding members, as set out in the setting up minutes, must submit an application
for enrolment to the regional court where territorial area has its registered office.
(2) The request of the trade union shall be accompanied by the original and two certified copies
by the legal representative of the following acts:
a) the minutes of setting up the union, signed by the founding members;
b) the statute;
(c) the list of members of the executive governing body of the union, mentioning their name,
surname, personal identification code, profession/function and home address.
Article 15
(1) Upon receiving the request, the competent court under Article 14 paragraph (1) shall be
bound, within five days after its registration, to consider:
a) if the acts referred to in Articles 14, paragraph (2) are filed in;
b) if the union statute is according with the legal provisions in force.
(2) Where it finds that the legal requirements for the setting up the union are not met, the
presiding court quote into Council’s the special empowered representative as per Article 14
paragraph (1), which shall be asked, in writing form, to remedy the noticed irregularities within a
period of not more than 7 days.
(3) If the requirements referred to in paragraph (1), are fulfilled, the Court shall proceed to
settle the application within 10 days, with the attendance of members of the assignee’s founding
trade union organization.
(4) The Court of appeals reasoned judgment acceptance or rejection of the application.
(5) The Court’ judgment shall be notified to the signatory of application for registration no later
than 5 days after the pronouncement.
Article 16
(1) The Court’s judgment is subject to appeal only.
(2) The period of appeal is 15 days and flows of judgment communication date. Prosecutor
appeals for term flows under Article 462 paragraph (4) of the Code of civil procedure.
(3) The apple shall be judged by quoting the special empowered representative of founding
members of trade union organization, within a period of 30 days. The Court of appeals shall draw
up the decision and return the file within five court days of the pronouncement.
Article 17
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(1) The court shall be obliged to keep a special register of trade unions, which shall include: the
name and seat of the trade union, the name and surname of the members of the management
body, their personal numerical code, the date of enrollment, and the number and date of the final
court decision admission of the application for legal personality.
(2) The registration in the register of trade unions referred to in paragraph (1) shall be made ex
officio, within 7 days from the date of final court decision whether handed down by a court.
(3) The certificate of registration in the register of the trade union of court shall be notified
thereof within 5 days of signing up.
Article 18
The union acquires legal personality from the date of enrolment in the special register of trade
unions, stipulated in Article 17 paragraph (1) of the final court decision.
Article 19
The original of the minutes of setting up and the statute, where the court certifies the
registration on each page, together with a copy of the other documents filed, shall be returned to
the trade union, and the second copy of all the documents provided in Article 14 paragraph (2), in
the copies signed on each page by the special empowered representative and referred to by the
Court, shall be kept in its archive.
Article 20
(1) The trade union organizations are bound to notify the court or the Bucharest City Court, as
the case may be, where any subsequent change of statute, as well as any change in the composition
of the governing body, has been registered within 30 days.
(2) The court provided in paragraph (1) is bound to mention in the special register of the trade
unions, provided in Article 17 paragraph (1), changes in the statute, as well as changes in the
composition of the governing body of the trade union organization.
(3) The application for amendment of the statutes and/or the composition of the management
bodies of the trade union organizations shall be accompanied by the following documents, in
duplicate, signed for compliance on each page by the special representative appointed by the
governing body:
a) the minutes of the statutory meeting of the body empowered to decide on the modification of
the status and/or composition of the management bodies;
b) the copy of the court decision to acquire the legal personality and a copy of the last court
decision to amend the statute or the composition of the management bodies, as the case may be;
c) the statute, as amended;
d) the list of the governing body members, which shall include their name, surname, personal
identification code, home address and profession/function.
SECTION 4
The trade union organizations’ heritage
Article 21
Movable and immovable property belonging to trade union organizations can only be used
according to the interests of the trade union members and cannot be divided among them.
Article 22
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(1) The trade union organization may acquire, under the terms and conditions stipulated by law,
free of charge or for consideration any kind of movable and immovable goods necessary for the
purpose for which it is set up.
(2) The representative trade unions, under the law, may negotiate through the collective labour
agreement at unit level the provision of the premises and facilities necessary for the development
of the trade union activity.
(3) For the construction of their own headquarters, the representative trade union
confederations and federations may receive, under the conditions stipulated by law, in concession
or rent, land belonging to the private property of the state or of the administrative-territorial
units. The rental or concession is made by an administrative act issued by the competent authority.
Article 23
Movable and immovable property acquired by a trade union organization from central or local
public authorities, free of charge or in use, may not be used, either directly or indirectly, for
patrimonial purposes.
#M6
Article 24
(1) At the request of the trade union organization and with the agreement of its members, the
employers shall, retain and turn out the syndicate contribution to the monthly payment states.
(2) The contribution paid by the trade union members is deductible in the amount of no more
than 1% of the gross income, according to the provisions of the Fiscal Code.
#B
Article 25
The trade union organization may, under the conditions laid down in the statute:
a) to support its members in the exercise of their profession;
b) to set up their own supporting homes;
c) to edit and print own publications;
d) to set up and administer, in accordance with the law, in the interest of its members, social,
cultural, educational and research units in the field of trade union, commercial, insurance, as well
as own banking;
e) to constitute own funds to assist its members;
f) to organize and support material and financial cultural and artistic activities;
g) to organize and carry out training and professional training courses, according to the law;
h) to carry out other activities provided by the statute, according to the law.
Article 26
(1) The control of the own financial activity of the trade union organizations shall be carried out
through the censors commission, which operates according to the statute and the legislation in
force.
(2) The control over the economic activity carried out by the trade union organizations, as well
as the establishment and transfer of the obligations towards the state budget and the social
insurance budgets shall be performed by the competent state administration bodies, according to
the law.
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SECTION 5
The powers of the trade unions organizations
Article 27
In order to achieve the purpose for which they are set up, the trade unions have the right to use
specific means such as: negotiations, dispute settlement procedures through conciliation,
mediation, arbitration, petition, protest, march, meeting and demonstration or strike, under the
conditions provided by law.
Article 28
(1) Trade unions shall defend the rights of their members, arising from labour law, civil servants
statutes, collective bargaining agreements and individual employment agreements, as well as civil
servant service relationship agreements, in front of the courts of law, the judicial bodies, the other
state institutions or authorities, through their own or elected defenders.
(2) In carrying out the duties provided in paragraph (1), trade unions shall have the right to take
any action prescribed by law, including the right to sue in the name of their members, on the basis
of a written authorization from them. The action may not be brought or continued by the trade
union if the person concerned opposes or expressly disclaims the judgment.
(3) In performing the duties provided for in paragraphs (1) and (2), the trade union organizations
shall have an active procedural capacity.
Article 29
The representative trade union confederations at national level may address the competent
public authorities, under article 74 of the Romanian Constitution, republished, legislative proposals
in the areas of the union interest.
Article 30
(1) The employer may invite the union representative at the unit level to participate in the
board of directors or any other body assimilated to it, including in the case of public
administration, to iscuss issues of professional, economic and social matters.
(2) In order to protect the rights and promote the professional, economic and social interests of
the members, the representative trade union organizations shall receive from the employers or
their organizations the necessary information for the negotiation of collective labour agreements
or, as the case may be of collective agreements, according to laws.
(3) The decisions of the board of directors or other bodies assimilated to it regarding matters of
professional, economic and social interest shall be notified in the written form to the trade union
within two working days from the date of the meeting.
Article 31
At the request of affiliated trade union organizations, representative trade union federations or
confederations, as appropriate, may delegate representatives to assist or represent their interests
in relation to their employers or their organizations.
SECTION 6
Relations of trade union organizations with their members
Article 32
Relationships between trade unions and their members are governed by their own statutes and
by this law.
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Article 33
(1) The members of a trade union organization are entitled to withdraw from the trade union
organization without being bound to state the reasons.
(2) Members withdrawing from the trade union organization may not demand the return of the
amounts deposited as a contribution or the donated funds or assets.
Article 34
Members elected in the executive bodies of the trade union organizations, the specialized and
administrative staff in their apparatus may be paid from the trade union organizations’ funds.
Article 35
(1) Members elected into the executive management bodies of the trade union who directly work
in the unit as employees are entitled to reduce the monthly work schedule with a number of days
for the trade union activity negotiated through the collective agreement or unit-level labour
agreement without the employer’s obligation to pay salary rights for these days.
(2) Days not used for trade union activity in a month may not be carried forward for the
following month.
(3) The manner in which the activities of the unions are carried out during the normal working
hours shall be established by the parties through the collective agreement at the unit level.
CHAPTER III
Reorganization and dissolution of the trade union organizations
Article 36
In case of reorganization of a trade union, the decisions on the heritage shall be taken according
to the provisions of the statute.
Article 37
Trade unions may be dissolved by decision of the members or their delegates, adopted in
accordance with their own statutes.
Article 38
(1) In case of dissolution, the heritage of the trade union organization shall be divided according
to the provisions of the statute or, in the absence of such provisions, according to the decision of
the dissolution assembly.
(2) If the statute does not provide for the distribution of the heritage and the dissolution
assembly has not taken a decision in this regard, the county or Bucharest tribunal, as the case may
be, notified by any member of the trade union organization, decides on the distribution of the
heritage.
Article 39
(1) Within 5 days of dissolution, the leaders of the dissolved trade union organization or the
liquidators of the heritage shall be bounded to request the competent court that has registered it
to the special register of trade unions as a legal person to mention the dissolution of the trade
union organization.
(2) After the deadline of 5 days, any interested person among the members of the trade union
organization may request the competent court to make the mention stipulated in paragraph (1).
(3) The mention provided in paragraph (1) shall be made on the same page and at the same
place where the trade union register has been registered.
Article 40
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(1) The trade union organizations cannot be dissolved and their activity cannot be suspended on
the basis of dispositions of the public administration authorities or employers.
(2) Where a trade union organization no longer meets the minimum conditions for setting up, any
interested third party may apply to the competent court for the dissolution of the organization
concerned on the basis of a reasoned request.
CAPTHER IV
Forms of association of the trade union organizations
Article 41
(1) The legally constituted trade unions may associate according to the criteria of the sectors of
activity.
(2) Two or more trade unions set up within the same sector of activity may be associated for
setting up of a trade union federation.
(3) Two or more trade union federations in different sectors of activity may be associated for
setting up of a trade union confederation.
(4) Trade union federations or confederations may form unions of trade union as territorial
unions.
#M6
(5) A trade union may be affiliated at national level to a single trade union federation. Also, a
trade union federation can be affiliated at a national level to a single trade union confederation.
#B
Article 42
(1) The federations and trade union confederations set up by association, according to Article 41
paragraphs (2) and (3) acquire legal personality under the provisions of this law.
(2) In order to acquire the legal personality, the special representative of the trade union
federation or confederation shall submit to the court where territorial jurisdiction its headquarter
is located an application for the acquiring of the legal personality, accompanied by the following
documents:
a) the decision to set up a trade union federation or confederation;
b) the decisions of the trade union organizations to associate in a federation or confederation,
signed by their legal representatives;
c) certified copies of court decisions for acquiring legal personality, remaining final, by the
trade union organizations that are gone to be associated;
d) the statute of the trade union federation or confederation set up;
e) the list of the members of the executive governing body, with the name, surname, personal
identification code and function.
Article 43
(1) The territorial unions of trade unions, constituted according to Article 41 paragraph (4)
acquire legal personality at the request of the trade union federations or confederations which
have decided to set up them. To this end, the special representative of the trade union federation
or confederation shall submit an application for acquiring the legal personality to the tribunal
where territorial jurisdiction the territorial union is based, accompanied by the decision of the
trade union federation or confederation to set up the union according to the statute, the certified
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copy of the statute of the trade union federation or confederation and the certified copy of the
court decision to acquire legal personality, which remains final.
(2) Several trade union federations or confederations may jointly set up territorial unions of
trade unions.
Article 44
(1) The competent court provided for in Article 42 paragraph (2) and Article 43, as the case may
be, is bounded, within maximum 5 days from filing the application, to examine:
a) if the documents listed in Article 42 paragraph (2) or Article 43, are provided as appropriate;
b) if the constitutive act and statutes of the trade union organizations comply with the legal
provisions in force.
(2) If it finds that the legal requirements for setting up of trade unions are not fulfilled, the
president of the court panel shall quote in the council chamber the special empowered
representative stipulated in Article 42, paragraph (2) and Article 43 paragraph (1), to whom it shall
request in writing to remedy the irregularities found within a maximum of 7 days.
(3) If the requirements of paragraph (1) are not met, the court shall proceed to the settlement
of the request within 10 days, with the quoting of the special empowered representative.
(4) The court provided in paragraph (1) pronounces a reasoned decision to admit or reject the
application.
(5) The decision of the court shall be notified to the organization, within maximum 5 days from
its pronouncement.
Article 45
(1) The judgment of the court shall be subject only to the appeal.
(2) The term of appeal shall be 15 days and shall run from the date of delivery of the judgment.
For the prosecutor the term of appeal shall run according to Article 462 paragraph (4) of the Code
of Civil Procedure.
(3) The appeal shall be adjudicated in a maximum of 45 days, with the quoting of the special
empowered representative. The appeal body handles the decision within 5 days of its
pronouncement.
Article 46
(1) The Tribunal of the City of Bucharest is bounded to keep a special register of the trade union
federations, confederations and their territorial unions, in which it records: the name and the
registered office of the trade unions set up by the association, the names and forenames of the
members of the governing body, their personal identification code, the date of enrolment, as well
as the number and date of the final court decision to acquire legal personality.
(2) The registration in the special register provided in paragraph (1) shall be made ex officio,
within 7 days from the date of final ruling by the court.
(3) The registration certificate of the trade union federation, confederation and the territorial
unions of union in the special register of the court shall be notified to them within 5 days from
enrolment.
Article 47
The trade union organization set up by the association acquires legal personality from the date
of the final court decision to admit the application for registration into the special register.
Article 48
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The original of the minutes of setting up and of the statute, together with a copy of the other
documents submitted, shall be returned to the trade union organization set up by association, and
the second copy of all the documents provided in Article 42 paragraph (2) or Article 43 paragraph
(1), in copies certified by the especially empowered representative, shall be kept in the archives of
the Tribunal.
Article 49
(1) The trade union organization set up by association is obliged to notify the court where it has
been registered, within 30 days, any subsequent changes in the statute, as well as any change in
the composition of the executive governing body.
(2) In order to approve the amendment of the statute, the provisions of Articles 42 - 48 are
applicable accordingly.
(3) The court is obliged to mention in the special register the changes in the statute, as well as
the changes in the composition of the governing body of the trade union organization.
Article 50
Trade unions can join other domestic and international organizations according to their status.
CHAPTER V
The trade union organizations’ representativeness
Article 51
(1) There are representative at national, sector of activity, group of units and unit level the trade
union organizations that fulfil the following cumulative conditions:
A. at national level:
a) are legally established as trade union confederations;
b) are independent in terms of organizing themselves and their property;
c) the component trade unions have a membership of at least 5% out of the number of employees
in the national economy;
d) have territorial structures in at least half plus one of the counties of Romania, including the
municipality of Bucharest;
B. at sector or group of units:
a) are legally established as trade union federations;
c) the component trade union organizations have a membership of at least 7% out of the number
of employees of the sector or group of units concerned;
C. at unit level:
a) are legally established as trade unions;
c) the number of union members represents at least half plus one of the number of the
employees of the unit.
(2) The fulfilment by the trade union organizations of the conditions of representativeness shall
be established, at their request, by the court that granted them the legal personality, by
submitting to the court the documentation stipulated in Article 52.
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(3) The decision shall be motivated and communicated within 15 days from the pronouncement.
(4) The judgment may be appealed only on appeal.
Article 52
The fulfilment of the representativeness conditions is proved as follows:
a) a copy of the final court decision to acquire the legal personality of the confederation and of
the final court decision amending the statute and/or the composition of the executive governing
bodies;
b) extract from the last published statistical bulletin regarding the total number of employees in
the national economy;
c) the statements signed by the legal representatives of the member trade union federations
specifying the total number of trade union members in each federation and a cumulative situation
signed by the legal representative of the trade union confederation comprising the list of the
component federations and the total number of their members;
d) proof of submission to the Ministry of Labour and Social Protection of a copy of the
representative’s file;
B. at sector or group of units:
a) a copy of the final court decision to acquire the legal personality of the federation and of the
final court decision amending the statute and/or the composition of the executive management
bodies;
b) the statements signed by the legal representatives of the trade unions specifying the total
number of union members in each unit, as well as a cumulative situation signed by the legal
representative of the trade union;
c) the data of the National Institute of Statistics on the total number of employees in the
respective sector of activity or, in the case of the group of units, the statements of the employers
in the group on the number of employees of each unit;
d) proof of submission to the Ministry of Labour and Social Protection of a copy of the
representative’s file;
C. at unit level:
a) a copy of the final court decision to acquire legal personality by the trade union and of the
final court decision amending the statute and/or the composition of the executive governing body;
b) statement signed by the legal representative of the trade union regarding the total number of
members;
c) proof of the number of employees in the unit issued by the employer;
d) proof of submission of a copy of the representative’s file to the territorial labour
inspectorate.
Article 53
(1) Before submitting the file for acquiring the representativeness to the Tribunal of Bucharest,
the trade union confederations and federations shall submit a written and electronic copy of the
respective file to the Ministry of Labour and Social Protection, which shall register it and issue a
proof in this respect.
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(2) The Ministry of Labour and Social Protection shall display on the institution’s website the file
as well as any other information on representativeness made available by the trade union
organizations.
(3) Before submitting the file for acquiring the representativeness at the court, the trade unions
shall submit a written and electronic copy of the respective file to the territorial labour
inspectorate, which shall register it and issue a proof in this respect.
TITLE III
The employers’ organizations
CHAPTER I
The setting up, organization and functioning of the employers’ organizations
SECTION 1
The setting up and organization
Article 54
Employers’ organizations are independent of public authorities, political parties and trade
unions.
Article. 55
(1) The employers’ organizations shall be established by free association, on sectors of activity,
territorial or on national level, as follows:
a) the employers can associate themselves for establishing an employers’ organization;
b) two or more employers’ organizations may establish an employers’ federation;
c) two or more employers’ federations may establish an employers’ confederation.
(2) Employers’ organizations may set up their own territorial organizational structures, with or
without legal personality. The territorial organizational structures without legal personality operate
on the basis of the statute of the employers’ organizations to which they belong.
(3) Employers’ federations and confederations may set up from affiliated organizations the
territorial employers’ unions.
(4) Territorial employers’ unions acquire legal personality at the request of the employers’
federations or confederations which have decided to establish them. To this end, the special
representative of the employers’ federation or confederation shall submit an application for
acquiring the legal personality to the tribunal where territorial jurisdiction the territorial patronage
union is based, together with the decision of the employers’ federation or confederation to
establish the unions according to the statute, certified copies of the statutes of employers’
federations and/or confederations, and certified copies of court decisions for legal personality that
have remained final.
#M6
(4 ^ 1) An employer may be affiliated at national level to a single employers’ federation. Also,
an employers’ federation can be affiliated at national level to a single top-ranked employers’
confederation.
#B
(5) An employer organization can only affiliate to a single higher-ranking employer organization.
(6) Employers’ organizations set up at national level must have territorial structures in at least
half plus one of the counties, including in the municipality of Bucharest.
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Article 56
(1) The employers’ organizations shall operate according to their own statutes and regulations,
in compliance with the provisions of this law.
(2) Employer organizations may not carry out activities of a political nature.
SECTION a 2-a
The statute
Article 57
The way of setting up, organizing, functioning and dissolving an employers’ organization is
regulated by the statute adopted by its members, in compliance with the legal provisions.
Article 58
(1) The statutes shall include, on the ground of nullity, at least the following issues:
a) the name of the employers’ organization and its headquarter;
b) the activity object and its purpose;
c) the original heritage, its size and its composition;
d) the financing sources;
e) the rights and obligations of the members;
f) the governing bodies;
g) the setting up criteria;
h) the dissolution and liquidation procedure of the employers’ organization.
(2) The legal personality of the employers’ organization shall be acquired according to the
present law.
(3) In order to acquire the legal personality by the employers’ organization, the special
representative of the founding members of the employers’ organization, stipulated in the minutes
for establishing, must file an application for registration to the court where territorial jurisdiction
it is located.
(4) The application for registration of the employers’ organization shall be accompanied by the
original and two certified copies by the legal representative of the following documents:
a) the minutes on the establishing of the employers’ organization, signed by the founding
members;
b) the statute;
c) the list of the members of the governing body of the employers’ organization, mentioning
their names, surnames, personal identification codes, professions/functions and home addresses;
d) the proof of the headquarters existence.
(5) Upon receipt of the application for registration, the competent court according to paragraph
(3) shall be obliged, within maximum 5 days after its registration, to examine:
a) if the documents are provided according to paragraph (4);
b) if the statute of the employers’ organization is in accordance with the legal provisions in
force.
(6) If it finds that the legal requirements for the establishment of the employers’ organization
are not fulfilled, the president of the court panel shall quote in the council chamber the special
15
empowered representative stipulated in paragraph (3), to whom shall request in writing to remedy
the irregularities found, within a maximum of 7 days.
(7) If the requirements of paragraph (3) are fulfilled, the court will proceed to the settlement of
the request within 10 days, quoting the special empowered representative of the founding members
of the employers’ organization.
(8) The court shall issue a reasoned decision on the admission or rejection of the application.
(9) The decision of the court shall be communicated to the signatory of the application, not later
than 5 days after the pronouncement.
(10) The judgment of the court shall be subject only to the appeal.
(11) The term of appeal shall be 15 days and shall run from the date of delivery of the judgment.
For the prosecutor the term of appeal shall run according to Article 462 paragraph (4) of the Code
of Civil Procedure.
(12) The appeal shall be judged by quoting the special empowered representative of the
founding members of the employers’ organization, within 30 days. The appeal court handles the
decision and returns the file to the court within 5 days of its pronouncement.
Article 59
(1) The court is obliged to keep a special register of the employers ‘organizations, including:
the name and the registered office of the employers’ organization, the setting up criteria, the
name and surname of the members of the executive governing body, as well as the number and
date of the final court decision for admission of the application.
(2) The certificate of registration of the employers’ organization in the special register of the
court shall be notified to it within 5 days from the registration.
(3) The employing organization shall acquire legal personality from the date of enrolment in the
special register provided in paragraph (1) of the final court decision to admit the application for
registration.
(4) The original of the minutes of establishing and the statute, which the court certifies the
registration on each page together with a copy of the other documents submitted, shall be returned
to the employers’ organization and the second copy of all the documents in the file, in the copies
signed on each page by the special empowered representative and concerned by the court, shall be
kept in its archive.
(5) The employers’ organizations shall be obliged to inform the Bucharest Court of Appeal or the
Tribunal of Bucharest, as the case may be, where they have registered within 30 days, about any
subsequent changes in the statute, as well as any change in the composition of the governing body.
(6) The court provided in paragraph (5) shall be obliged to mention in the special register
provided in paragraph (1) the amendments to the statute, as well as changes in the composition of
the governing body of the employers’ organization.
(7) The application for amending the statutes and/or the composition of the governing bodies of
the employers’ organizations shall be accompanied by the following documents, in two copies,
signed for compliance on each page by the special representative appointed by the governing body:
a) the minutes of the statutory meeting of the body empowered to decide on the amending of
the status and/or composition of the governing bodies;
b) copy of the court decision to acquire the legal personality and a copy of the last court
decision to amend the statute or the composition of the governing bodies, as the case may be;
c) the statute, as amended;
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d) the list of the members of the governing body which will include the name, surname, personal
identification code, home address and function/profession.
(8) The employers’ organization shall, within 30 days from the date of the final ruling of the
establishment, submit to the Ministry of Labour and Social Protection in electronic format, the
statute, the establishment act, the table of affiliations, the contact data of members of the
governing bodies, as well as the final court decision.
Article 60
The employers’ organization acquires legal personality from the date of the final judgment.
SECTION 3
Rights and obligations of employers’ organizations
Article 61
Employers’ organizations represent, uphold and defend the interests of their members in their
relations with the public authorities, trade unions and other legal and physical persons, relating to
their object and purpose, at national and international level, according to their own statutes and in
compliance with the provisions of this law.
Article 62
(1) In order to achieve the purpose for which they are established, the employers’ organizations:
a) represent, promote, support and defend the economic, legal and social interests of their
members;
b) promote fair competition, according to the law;
c) designate, under the law, representatives in the negotiation and conclusion of collective
labour agreements, other negotiations and agreements in relations with public authorities and
trade unions, as well as in bipartite and tripartite social dialogue structures;
d) develop and promote business codes of conduct;
e) promote the principles of social responsibility;
f) ensure that their members are informed, facilitate their relationships, as well as with other
organizations, promote managerial progress, ensure advisory and assistance services, including in
the field of employment and vocational training, as well as health and safety at work;
g) at the request of their members, they have the right to assist and represent them before the
courts of all grades, the judicial bodies, other institutions or authorities, through their own or
elected defenders;
h) develop and implement employment and labour force placement policies;
i) elaborate strategies and policies for economic and social development at sector and national
level, according to the law;
j) establish and administer, under the law, in the interest of their members, social, cultural,
educational and research units in their own field of interest, commercial companies, insurance, as
well as their own bank.
(2) Employers’ organizations are entitled to provide any services required by their members,
under the law.
#M5
Article 63
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(1) May be elected in the governing bodies of the employers’ organizations the persons with full
exercise capacity who shall not execute the complementary punishment of the prohibition of the
right to occupy the position, to exercise the profession or to carry out the activity which has used
for committing the offense.
#B
(2) The members of the governing bodies of the employers’ organizations shall be protected by
the law against any form of discrimination, conditioning, constraint or limitation of the exercise of
their duties and/or their mandate, under the sanctions provided by the law.
Article 64
(1) The representative employers’ confederations at national level may address to the
competent public authorities, under article 74 of the Romanian Constitution, republished, proposals
for legislation in specific areas of interest.
(2) Representative employers’ confederations at national level may form a unitary
representation structure of their interests, in the circumstances that this structure comprises at
least half plus one of the total representative employers’ confederations at national level.
(3) Access to the representation structure provided in paragraph (2) cannot be conditioned or
restricted for any representative employers’ confederation at national level under the law.
SECTION 4
The heritage and financing of activity
Article 65
Movable and immovable property belonging to employers’ organizations can only be used in their
interests and according to the purpose for which they were established.
Article 66
The employers’ organizations may acquire, under the conditions laid down by law, free or for
consideration, any movable or immovable property necessary for the purpose for which they are set
up.
Article 67
The economic and financial activity of the employers’ organizations is carried out according to
their own income and expenditure budget.
Article 68
(1) The income sources of employer’ organizations may be: registration fees, contributions,
donations, sponsorships and other income, in accordance with the statutes and laws in force.
(2) The revenues of employers’ organizations are intended for the purposes for which they were
established and cannot be allocated to their members.
(3) The control of the own financial activity of the employers’ organizations shall be carried out
through the censors commission, functioning according to the statute and the legislation in force.
(4) The control over the economic activity carried out by the employers’ organizations, as well as
over the establishment and transfer of the obligations towards the state budget and the social
insurance budgets shall be performed by the competent state administration bodies, according to
the law.
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CHAPTER II
Dissolution of employers’ organizations
Article 69
In the case of the dissolution of an employers’ organization, its heritage shall be shared in
accordance with the provisions of the statute and of the common law in the matter.
Article 70
(1) Within 15 days after the dissolution, the mandated representative of the employers’
organization or the liquidators of the heritage shall be obliged to request the competent court to
mention the dissolution.
(2) After the expiry of the 15-day period, any interested person may apply to the competent
court for the operation of the mention provided in paragraph (1).
Article 71
Employer organizations can join other domestic and international organizations according to their
status.
CHAPTER III
The representativeness of the employers’ organizations
Article 72
(1) The employers’ organizations which meet the following cumulative conditions are
representative at national or sector level:
a) are legally established as employer’ confederation;
b) are independent in terms or organizing themselves and their property;
c) have as employers members whose units comprise at least 7% out of the employees of the
national economy, excluding the employees in the budgetary sector;
d) have territorial structures in at least half plus one of the counties of Romania, including
Bucharest;
B. at sector level:
a) are legally established as employers’ federation;
b) are independent in terms or organizing themselves and their property;
c) have as employers members whose units comprise at least 10% out of the employees of the
sector of activity, excluding the employees in the budgetary sector;
C. at the unit level, the legally representative is the employer.
(2) The fulfilment of the conditions of representativeness stipulated in paragraph (1) shall be
established, by decision, by the Tribunal of Bucharest at the request of the employers’
organization, by filing in court the documentation provided in Article 73.
(3) The decision shall be motivated and communicated within 15 days from the pronouncement.
(4) The court decision may be appealed only on appeal.
Article 73
The fulfilment of the representativeness conditions of the employers’ organizations is proved as
follows:
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a) a copy of the final court decision to acquire the legal personality of the confederation and of
the last final court decision to amend the statute and/or the composition of the executive
management bodies;
b) cumulative situation signed by the legal representative of the employers’ confederation,
including the list of affiliated employers’ federations, specifying their member units, as well as the
total number of employees of each, certified by the territorial labour inspectorates;
c) the proof of submission to the Ministry of Labour and Social Protection of a copy of the
representative file;
B. at sector level:
a) a copy of the final court decision to acquire the legal personality of the federation by the
employers’ organization and of the last final court decision amending the statute and/or the
composition of the executive management bodies;
b) cumulative situation signed by the legal representative of the employers’ federation,
comprising the list of member units and the total number of their employees, certified by the
territorial labour inspectorates, as well as copies of the members’ membership documents to the
federation;
c) the sector of activity and the number of employees within it;
d) the proof of submission to the Ministry of Labour and Social Protection of a copy of the
representative file.
Article 74
(1) Before submitting the representative file to the Bucharest Tribunal, the employers’
confederations and federations shall submit a written and electronic copy of the respective file to
the Ministry of Labour and Social Protection, which shall register it and provide evidence in this
regard.
(2) The Ministry of Labour and Social Protection shall display on the institution’s website the file,
as well as any other information on representativeness made available by the employers’
organizations.
TITLE IV
The Tripartite National Council for Social Dialogue
Article 75
In order to promote good practice in the field of tripartite social dialogue at the highest level,
the Tripartite National Council for Social Dialogue is set up, hereinafter referred to as the
Tripartite National Council, a consultative body at the national level of the social partners.
Article 76
The Tripartite National Council has the following composition:
a) presidents of employers’ and trade unions’ confederations representative at national level;
b) representatives of the Government, appointed by decision of the Prime Minister, at least at
the level of state secretary, from each ministry, as well as from other structures of the
state, as agreed with the social partners;
c) the representative of the National Bank of Romania, the president of the Economic and
Social Council and other members agreed with the social partners.
Article 77
20
The Tripartite National Council is chaired by the Prime Minister, the Deputy Minister being the
Minister of Labour, Family and Social Protection.
Article 78
The main tasks of the Tripartite National Council are:
a) providing the consultation framework for establishing the minimum statutory pay salary;
b) debating and analyzing draft government programs and strategies;
c) developing and supporting the implementation of strategies, programs, methodologies and
standards in the field of social dialogue;
d) solving social and economic disputes through tripartite dialogue;
e) negotiating and concluding social agreements and pacts and other agreements at national
level and monitoring their implementation;
f) analyzing and, as the case may be, approving the requests to extend the application of
collective labour agreements at sector level to all units in the respective sector of activity;
#M6
f^1) establishing the sectors of activity, which are approved by Government Decision;
#B
g) other tasks agreed between the parties.
Article 79
The Secretariat of the Tripartite National Council is provided by the Ministry of Labour and Social
Protection.
Article 80
The Tripartite National Council elaborates its own organization and functioning regulation, which
is approved within its plenary.
Article 81
At the Tripartite National Council meetings may be invited the representatives of other state
authorities or experts, as agreed between the parties.
TITLE VI
The setting up and functioning of the social dialogue commission at the level of central and
local public administration
Article 120
(1) Within the ministries and other public institutions listed in Annex no. 1, as well as in the
counties and in the municipality of Bucharest, social dialogue commissions consisting of the
representatives of the central or local public administration, representatives of employers’
organizations and trade union organizations representative at national level are established and will
carry out their activity.
(2) Social dialogue commissions operating at the level of ministries may approve the setting up of
sub commissions of social dialogue or working groups made up of persons designated by the plenary
of the respective committees.
(3) The social dialogue commissions established at the level of the counties may approve the
setting up of sub commissions of social dialogue at the level of the localities in the respective
county. The way of setting up and functioning of these sub commission is established by the plenary
of the commission at the county level.
Article 121
21
The social dialogue commissions have a consultative role and their work is aimed in particular at:
a) ensuring social partnership relations between the administration, employers’ organizations
and trade union organizations, that allows a permanent mutual information on issues of interest to
the administration or to the social partners in order to generate a climate of peace and social
stability;
b) mandatory consultation of the social partners on legislative or other initiatives of an
economic and social nature;
c) other problems in the field of activity of the central public administration or in the counties
and the municipality of Bucharest on which the social partners agree to discuss.
Article 122
(1) The social dialogue commission organized at the level of ministries and public institutions set
out in Annex no. 1 are:
a) representatives of the ministries or of the respective public institutions, appointed by order
of the minister, respectively of the head of the public institution;
b) representatives appointed by national employers’ confederations;
c) representatives appointed by national trade union confederations.
(2) In the social dialogue commissions organized at territorial level there are taking part the
following:
a) the prefect, as well as representatives of the prefect and the deconcentrated public services
of the ministries and of the other specialized bodies of the central public administration, appointed
by order by the prefect;
b) the president of the county council or, for the municipality of Bucharest, the general mayor;
c) one representative nominated by each representative employers’ confederation at national
level;
d) one representative nominated by each trade union representative confederation at national
level.
(3) The presidents of national employers’ and trade unions confederations are law members of
the social dialogue commissions established at the level of the central and local public
administration.
Article 123
(1) The chairmanship of the social dialogue committees shall be as follows:
a) at the level of each ministry, by a state secretary or, in special cases - with the agreement of
the social dialogue partners, - by another representative of the ministry, empowered by minister
order; At the level of the other public institutions listed in the Annex no. 1 by a representative
appointed by the head of the public institution;
b) at local level, based on the principle of co-presidency, by the prefect and the president of the
county council or, for the municipality of Bucharest, by the general mayor.
(2) The secretariat of the social dialogue commissions shall be provided by the public institution
where they operate.
Article 124
(1) The unitary developing of the national policies in the field of social dialogue and the
methodological coordination of the social dialogue committees shall be ensured by the Ministry of
Labour and Social Protection.
22
(2) The chairmen of the social dialogue commissions from the ministries or from the public
institutions listed in the Annex no. 1 are methodologically coordinated by the State Secretary
designated by the Minister of Labour, Family and Social Protection.
(3) In order to exercise its role as coordinator foreseen in paragraph (1), the Ministry of Labour
and Social Protection issues methodological norms for the regulation of social dialogue.
(4) In order to ensure the unitary functioning of the social dialogue commissions, the persons
responsible for this field from the ministries, prefectures, as well as from the public institutions
listed in the Annex no. 1 are gone to be trained through programs developed by the Ministry of
Labour and Social Protection through the departments with attributions in the social dialogue
activity.
(5) The secretariats of the social dialogue commissions shall submit to the Ministry of Labour and
Social Protection the composition of the social dialogue commissions within 30 days from the entry
into force of this law.
(6) The activity of the social dialogue commissions from ministries should be reported on a
monthly basis to Ministry of Labour and Social Protection, and shall be sent for information to the
social partners according to the model set out in Annex no. 2.
(7) The activity of the county’s social dialogue commissions shall be reported monthly to the
state secretary responsible for social dialogue within the Ministry of Labour and Social Protection,
according to the model set out in Annex no. 2.
(8) Reporting is done on paper and in electronic format.
Article 125
(1) Within 30 days from the date of entry into force of this law, the social dialogue commissions
organized at the level of the ministries and public institutions set out in the Annex no. 1, as well as
on the local level will be established and will operate in accordance with its provisions.
(2) The framework regulation on the setting up and functioning of the social dialogue
commissions at the level of the central public administration is provided in the Annex no. 3.
(3) The framework regulation on the setting up and functioning of the social dialogue
commissions at the level of the local public administration is provided in the Annex no. 4.
(4) Based on the framework regulation, the social dialogue commissions shall draw up within 30
days from the entry into force of this law their own rules of procedure, whose provisions shall not
contradict the provisions of the framework regulation.
Article 126
The Annexes no. 1 - 4 are an integral part of this law.
TITLE VII
Collective bargaining
CHAPTER I
Negotiation of collective labour agreements
Article 127
The organization and conducting of collective bargaining, as well as the conclusion of collective
labour agreements, are governed by this law.
Article 128
(1) Collective labour agreements may be negotiated at the level of units, groups of units and
sectors of activity.
23
(2) The criteria of belonging to the sectors of activity are defined by the core activity registered
with the trade register, according to the NACE code.
(3) Units in the same industry defined by the core activity belonging to the same division, group
or class, under NACE code, may constitute on a voluntary basis groups of units in order to negotiate
collective agreements at the respective level. Employers intending to negotiate a collective labour
agreement at the level of a group of units may constitute on a voluntary basis the group of units
either through a settlement court decision or through a minutes or any other written agreement
between the parties.
(4) The conventions between their signatory parties, that settlement the collective bargaining,
are being part of the collective labour agreements, and as well as the arbitral awards concerning
this matter from the date of their pronouncement. Arbitration awards are sent to the depositary of
the collective labour agreement for registration.
Article 129
(1) Collective bargaining is compulsory only at the unit level, except for the case when the unit
has less than 21 employees.
(2) The negotiation initiative belongs to the employer or employers’ organization.
(3) Employer or employers’ organization shall initiate the collective bargaining with at least 45
calendar days before the expiration of the collective labour agreements or the expiry period of
applicability of the clauses stipulated in the additional acts to the collective labour agreements.
(4) If the employer or employers’ organization do not initiate the negotiation, it shall start at the
written request of the representative trade union organization or of the employees’
representatives, within maximum 10 calendar days from the communication of the request.
(5) The duration of the collective bargaining may not exceed 60 calendar days, except the
express agreement of the parties in this regard.
(6) Collective labour agreements may provide for the periodic renegotiation of any clauses agreed
between the parties.
Article 130
(1) Within 5 calendar days from the date of commencement of the negotiation procedures
provided by Article 129 paragraph (4), the employer or employers’ organization has the obligation
to convene all the parties entitled to negotiate the collective labour agreement.
(2) At the first negotiating session shall be established the public and confidential information
that the employer are gone to make available to trade union delegates or employees’
representatives, according to the law and the date until which it will fulfil this obligation.
(3) The conditions of confidential information made available by the employer are those
provided by Law no. 467/2006 on establishing the general framework for information and
consultation of employees.
(4) The information which the employer or employers’ ‘organization shall make available to
trade union delegates or employees’ representatives, as appropriate, shall at least include data on:
a) the economic-financial situation up to date;
b) the employment situation;
(5) At the first negotiating session, the parties shall also record in the minutes the following:
a) the nominal membership of the negotiating teams for each party, on the basis of written
empowerments;
b) nominating the persons mandated to sign the collective labour agreement;
24
c) the maximum duration of the negotiations agreed by the parties;
d) the place and timing of the meetings;
e) the proof of the representativeness of the negotiating parties;
f) the proof of calling all parties entitled to participate in the negotiation;
g) other details on the negotiation.
(6) The date of the first negotiating session is the date when the negotiations are considered to
have been triggered.
(7) At each negotiating session minutes shall be signed by the mandated representatives of the
parties in which the contents of the negotiations will be recorded.
Article 131
(1) When negotiating clauses and when collective labour agreements are concluded, the parties
are equally and freely.
(2) Any interference by the public authorities in any form and manner in the negotiation,
conclusion, execution, modification and termination of collective labour agreements is forbidden.
Article 132
(1) The clauses of collective labour agreements may establish rights and obligations only within
the limits and under the conditions stipulated by law.
(2) When conclusion of the collective labour agreements, the legal provisions regarding
employees’ rights set up a minimal character.
(3) Collective bargaining agreements cannot contain clauses which establish rights to lower level
of those established by the applicable collective labour agreement concluded at the upper level.
(4) Individual labour contracts may not contain clauses which establish rights at lower levels of
those established by the applicable collective labour agreements.
CHAPTER II
The effects of collective labour agreements
Article 133
(1) The clauses of collective labour agreements shall have effects as follows:
a) for all employees of the unit, in the case of collective labour agreements concluded at this
level;
b) for all employees in the units belonging to the group of units for which the collective labour
agreement has been concluded;
c) for all employees within the units in the sector of activity for which the collective labour
agreement has been concluded and which are part of the employers’ organizations signatory of the
agreement.
(2) At each of the levels provided in paragraph (1) a single collective labour agreement is
concluded and registered.
(3) In the collective labour agreements at any level the clauses applicable to the employees
with an individual labour agreement in the budgetary sector shall compulsory comply with the
provisions of Article 138.
CHAPTER III
The parties and their representation within the collective bargaining
Article 134
25
The parties to the collective labour agreement are the employer or employers’ organization and
employees, through trade union organizations, represented as follows:
1. Employer or employers’ organizations:
a) at the unit level, by its governing body, established by law, statute or operating regulations,
as the case may be;
b) at the level of sector of activity and group of units, by legally established and representative
employers’ organizations according to the law;
c) at the level of the budgetary institution and of the public authorities and institutions that
have under their control or coordination other legal persons employing labour force, by the head
of the institution, respectively by the heads of the public authorities and institutions, as the case
may be, or by the rightful deputies of them;
d) at the level of the budgetary activity sector, by the legal representative of the competent
central public authority.
2. Employees:
a) at the unit level, by legally established and representative trade unions. If the trade union is
not representative, the representation is made by the federation to which the trade union is
affiliated, if the federation is representative at the level of the sector to which the unit belongs;
where no trade unions are constituted, by the elected representatives of the employees;
b) at the level of the groups of units and of the sectors of activity, by trade union organizations
legally constituted and representative according to the law;
c) at the level of the budgetary institutions and of the public authorities and institutions that
subordinate or coordinate other legal persons employing labour force, by the representative trade
union organizations according to the law.
#B
Article 135
(1) In the units where there are no representative trade unions, the negotiation of the collective
labour agreement is as follows:
a) if there is a set up trade union at the unit level, affiliated to a trade union federation
representative in the sector of activity of the unit, the negotiations are made by the
representatives of the trade union federation, at the request and on the basis of the trade union
mandate, together with the elected representatives of the employees;
b) if there is a trade union that is not affiliated to a trade union federation representative in the
sector of activity of which the unit is part or there is no trade union, the negotiation is made only
by the representatives of the employees.
(2) Where at the level of the group of units there are no representative trade unions
representing at least half of the total number of employees of the group of units, the employees
are represented as follows when negotiating the collective labour agreement:
a) by the representatives mandated by the representative trade union organizations within each
unit that decided to set up the group;
b) for the units member of the group where there are no representative trade unions, but there
are trade unions affiliated to trade union federations representative in the sector of activity in
which the group was formed, the employees are represented by the respective trade union
federations, based on the trade union’s request and its mandate, and by the employees’
representatives from those units.
26
(3) The trade union federations representative at the level of the sectors of activity according to
this law may participate in the negotiation of collective labour agreements at the level of groups of
units in which they have affiliated trade unions at their request and on the basis of their mandate.
(4) The trade union confederations representative at national level under this law may
participate in the negotiation of collective labour agreements at the level of the sectors of activity
of the member federations at their request and on the basis of their mandate.
Article 136
(1) Collective labour agreements concluded at any level may be signed only by the
representatives mandated in this respect by the negotiating parties.
(2) Prior to the conclusion and signing of the collective labour agreements at the level of the
sector of activity, the employers who are members of the representative employers’ organizations
at the sector of activity level, as well as the trade union organizations that are members of the
trade union confederations participating into negotiations, will empower their representatives to
negotiate by special mandate.
CHAPTER IV
The parties and their representation in collective bargaining in the budgetary sector
Article 137 *** Repealed
#B
Article 138
(1) In the case of agreements/collective labour agreements concluded in the budgetary sector,
clauses regarding the rights in monetary and in kind other than those provided by the legislation in
force for the respective category of personnel cannot be negotiated or included.
(2) By way of exception from the provisions of Article 129 paragraph (3) collective labour
agreements in the budgetary sector are negotiated, according to the law, after approving the
budgets of incomes and expenditures of the authorizing officers within the limits and under the
conditions established by those budgets.
(3) The salary rights in the budgetary sector shall be established by law within specific limits,
which cannot be the subject of the negotiations and cannot be modified by collective labour
agreements. If case that the wage rights are set by special laws between minimum and maximum
limits, the actual wages rights are determined by collective negotiations, but only within the legal
limits.
(4) The clauses contained in the collective labour agreements concluded with the violation of the
provisions of paragraphs (1) - (3) are void.
(5) Liability for the conclusion of collective labour agreements with non compliance of the
provisions of paragraphs (1) - (3) incumbent on the employer.
#M6
Article. 138^1
(1) Collective labour agreements are also negotiated at the level of autonomous regias, national
companies, assimilated to the groups of units, as well as at the level of the public authorities and
institutions that have under their control or coordination other legal persons employing labour
force. In the case of public authorities and institutions that have other legal persons under the
control or coordination employing labour force, the collective agreement is concluded between the
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head of the public authority or institution and the legally constituted and representative trade
unions, according to the law.
(2) In the collective labour agreements concluded at the level of the sector of activity, for the
personnel in the budgetary sector, the parties shall expressly determine the negotiation ways of
the collective labour agreements at the level of the authorities and institutions that have under
the subordination or in coordination other legal entities employing workforce, authorities/
institutions under the coordination or subordination of the central public authority.
#B
Article 139
Negotiating of collective agreements for civil servants is done in accordance with the relevant
legal provisions.
CHAPTER V
Conclusion of collective labour agreements
Article 140
(1) In order to ensure the participation in negotiation of collective labour agreements at the
level of the sector of activity, group of units and units, the employers or employers’ organizations
shall send to all parties entitled to negotiate the collective labour agreement the announcement of
intention to start collective negotiation. If the employer or employers’ organization has not
initiated negotiations in accordance with the provisions of Art. 129 paragraph (3), the trade union
organization or the representatives of the employees, as the case may be, which are initiating the
negotiations according to Article 129 paragraph (5) will send to all parties entitled to participate in
the negotiation the announcement of intention to start collective bargaining.
(2) The failure to invite all parties entitled to negotiate the collective labour agreement to
negotiate constitutes a ground for non-registration of the collective agreement negotiated.
(3) The announcement provided in paragraph (1) shall be transmitted in writing to all parties
entitled to negotiate the collective labour agreement at least 15 days before the starting date of
the negotiations. They will confirm in writing the receipt of the notice and acceptance or refusal to
participate in the negotiation. Lack of a written answer, in conjunction with the presentation of
proof of invitation to negotiation, will be considerate as a refusal to participate in the negotiations.
Article 141
(1) The collective labour agreement is concluded for a fixed period, which may not be less than
12 months and more than 24 months.
(2) The parties may decide to prolong the application of the collective labour agreement, under
the conditions established by this law, once, with a maximum of 12 months.
(3) Where no collective agreement exists in a unit, the parties may agree to negotiate it at any
time.
Article 142
(1) The clauses contained in the collective labour agreements that are negotiated in the violation
of the provisions of Article 132 are hit by nullity.
(2) The nullity of the contractual clauses shall be determined by the competent courts, at the
request of the interested party, either by way of action or by way of exception.
(3) In the event of a clause being declared invalid by the court, the parties may agree to
renegotiate them.
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(4) Until the renegotiation of clauses whose invalidity has been established, they are replaced by
more favourable provisions for employees, contained in the applicable law or collective labour
agreement concluded at the higher level, as the case may be.
Article 143
(1) Collective labour agreements and their additional acts will be concluded in written form and
recorded by the parties, as follows:
a) the collective labour agreement at the unit level, at the territorial labour inspectorate;
b) collective labour agreements concluded at the level of the groups of units and of the sectors
of activity at the Ministry of Labour and Social Protection.
(2) The file for registration will include:
a) the collective labour agreement, in original, drawn up in as many copies as the signatory
parties, plus one for the depositary, signed by the parties;
b) proof of calling the parties entitled to participate in the negotiation;
c) the written powers of the appointed representatives for the negotiation and signing of the
collective labour agreement;
d) evidence of representativeness of the parties. In the case of a group of units constituted only
for the negotiation of a collective labour agreement at this level, the proofs of representativeness
may be those of the members of the trade union, according to Article 134 letter B and Article 135
paragraph (2), the employer party proving the constitution of the group of units, according to the
provisions of Article 128 paragraph (3) for negotiation;
e) the minutes of the negotiation, written in as many copies as the signatory parties, plus one for
the depositary, containing the position of the parties;
f) for collective labour agreements concluded at sector level, the special mandates stipulated in
Article 136 paragraph (2).
(3) In the case of agreements negotiated at the level of the sectors of activity, the collective
labour agreement will be registered at that level only if the number of employees in the member
units of the signatory employers’ organizations is greater than half of the total number of
employees in the sector of activity. Otherwise, the contract will be recorded as a group-level
agreement.
(4) For agreements at the level of sector of activity or group of units, the file referred to in
paragraph (2) shall additionally include the list of units to which the agreement is applied in
accordance with the special mandates provided for in Article 136 paragraph (2).
(5) If the condition stipulated in paragraph (3) is fulfilled, the application of the collective
labour agreement registered at the level of a sector of activity will be extended to the level of all
the units in the sector by order of the minister of labour, family and social protection, with the
approval of the Tripartite National Council, based on a request addressed to the Tripartite National
Council by the signatories of the collective labour agreement at the sector level.
Article 144
(1) Collective labour agreements shall be applied from the date of their registration to the
competent authority or at a later date, in accordance with the parties’ agreement.
(2) The collective labour agreements at the level of the activity sectors and groups of units, as
well as their additional acts, shall be published in the Official Gazette of Romania, Part V, by the
attention of the signatory parties.
Article 145
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(1) The Ministry of Labour and Social Protection or, as the case may be, the territorial labour
inspectorates shall register the collective labour agreements after checking that the procedural
conditions laid down by this law have been fulfilled. If these conditions are not met, the collective
labour agreements will be returned to the signatories for the fulfilment of the legal conditions.
(2) The Ministry of Labour and Social Protection will publish the collective agreements at the
level of the sector of activity and group of units on its website.
Article 146
(1) Collective labour agreements shall not be registered if:
a) the parties have not filed the file in accordance with the provisions of Article 143 paragraph
(2);
b) they are not signed by trade unions representing more than half of all employees in the sector
or group of units for which the agreement was negotiated;
c) the representative of any party who participated in the negotiations did not agree with any of
the clauses of the agreement and this fact was recorded in the negotiation minutes.
(2) At the unit level, the collective labour agreement will be registered without the signature of
all parties only if the signatory party representing the employees covers more than half of the total
number of employees.
Article 147
Against the refusal to register collective agreements, interested parties may apply to the courts
in accordance with the Law on administrative contentious no. 554/2004, as amended and
supplemented.
CHAPTER VI
Execution, modification, suspension and termination of the collective labour agreement
Article 148
(1) The execution of the collective labour agreement is binding on the parties.
(2) The non-fulfilment of the obligations assumed under the collective labour agreement shall be
the responsibility of the parties who are guilty of it.
Article 149
The clauses of the collective labour agreement may be modified during its execution, under the
law, whenever all parties entitled to negotiate the collective labour agreement agree this.
Article 150
(1) Amendments to the collective labour agreement shall be recorded in an additional document
signed by all parties that have concluded the agreement.
(2) The additional act shall be sent in writing to the body where the collective labour
agreement has been registered and to all signatory parties and shall take effects from the date of
its registration under the terms of this law or at a later date, according to the parties’ agreement.
Article 151
The collective labour agreement shall cease:
a) at the end of the period or at the end of the project for which it was concluded, if the
parties do not agree to the extension of its application, according to the law;
b) at the date of the dissolution or judicial liquidation of the unit;
30
c) by agreement of the parties.
Article 152
(1) The collective labour agreement cannot be denounced unilaterally.
(2) Litigations related to the execution, modification or termination of the collective labour
agreement shall be settled by the competent courts.
Article 153
Under the principle of mutual recognition, any legally constituted trade union organization may
conclude with an employer or employers’ organization any other types of agreements, conventions
or arrangements in the written form which represent the law of the parties and whose provisions
are applicable only to the members of the signatory organizations.
TITLE VIII
Regulating the ways to solve labour disputes
CHAPTER I
General dispositions
Article 154
(1) The employment relations established between the employers and their employees shall be
carried out in compliance with the legal provisions, as well as under the conditions negotiated by
the collective and individual labour agreements.
(2) Infringement by guilt by one of the parties of the obligations which incumbent upon him
under paragraph (1) entails his liability.
Article 155
Labour conflicts are settled according to the provisions of this law.
CHAPTER II
Collective labour disputes
Article 156
Employees’ right to initiate collective labour disputes in connection with the commencement,
conduct and conclusion of negotiations of collective labour agreement is guaranteed by law.
Article 157
Can not be the object of collective labour dispute the employees’ claims to whose solving
requires the adoption of a law or other normative act.
Article 158
Collective labour disputes may take place for the defence of collective interests of an economic,
professional or social nature, in accordance with the provisions of Article 156.
Article 159
(1) In the collective labour disputes at the unit level the employees are represented by the
representative trade unions in the unit, according to the law.
(2) At the level of the units where no representative trade unions are constituted and the
employees have elected the persons who represent them within the negotiations, the same persons
represent them in the case of collective labour disputes.
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Article 160
In the case of collective labour disputes, employees are represented by representative trade
union organizations or employees’ representatives, as the case may be, who participated in the
collective bargaining of the agreement or applicable collective agreement.
Article 161
Collective labour disputes can be triggered in the following situations:
a) the employer or employers’ organization refuses to start negotiating an agreement or a
collective labour agreement, as long as it hasn’t concluded such an agreement or collective
agreement or the previous one has ceased;
b) employer or employers’ organization does not accept the claims laid down by employees;
c) the parties do not reach an arrangement on the conclusion of an agreement or collective
agreement until the agreed date for the competition of the negotiations.
Article 162
(1) In all cases where they are premises for the occurrence of a collective labour dispute, the
representative trade union organizations or the representatives of the employees, as the case may
be, shall notify in writing the employer, respectively the employers ‘organization about the
situation, specifying the employees’ claims, their motivation, as well as the proposals for
settlement. The employer is obliged to receive and record the complaint so formulated.
(2) The requirement set out in paragraph (1) shall also be deemed to be fulfilled if the claims,
the motivation and proposals for settlement are expressed by the representative trade union or by
the elected representatives of the employees at the meeting with the representatives of the
employer or the employers’ organization, if the discussions were recorded in a minutes.
(3) The employer or employers ‘organization is obliged to respond in writing to the trade unions
or, in their absence, to the employees’ representatives, within two working days from the receipt
of the notification, specifying the point of view for each of the formulated claims.
Article 163
If the employer or the employers’ 'organization did not respond to all the claims laid down, or,
although responded, the trade unions or employees’ representatives, as the case may be, disagree
with the stated point of view, the collective labour dispute may be triggered.
Article 164
Employees can not trigger collective labour dispute when an agreement or collective agreement
is force.
Article 165
Collective labour dispute is triggered only after prior registration, as follows:
a) at the unit level, the representative trade union or employee’ representatives, as the case
may be, notify the employer of the commencement of the collective labour dispute and refer in
writing the territorial labour inspectorate in the county in which the employees of the unit that
initiated the conflict are working, for conciliation;
b) at the level of a group of units, the representative trade union organizations shall notify each
member unit of the group of units as well as the employers’ organization set up at the level of the
group on the triggering of the collective labour conflict and refer in writing the Ministry of Labour
and Social Protection, with a view to conciliation;
32
c) at the level of the sector of activity, the representative trade union organizations will notify
each unit in which are the members of the representative trade union organizations, as well as the
corresponding employers’ organizations about the triggering of the collective labour conflict and
will refer in writing the Ministry of Labour and Social Protection, with a view to conciliation.
CHAPTER III
Conciliation of collective labour conflicts
Article 166
In all cases, the request for conciliation of the collective labour dispute shall be formulated in
writing and shall include the following mentions:
a) employer or employers' organization, indicating the headquarters and contact details;
b) the subject of collective labour conflict and its motivation;
c) proof of fulfilment the requirements of Articles 161 - 163;
d) the nominal appointment of the persons delegated to represent the representative trade
union or, as the case may be, the representatives of the employees at the conciliation.
Article 167
Conciliation, mediation and arbitration of collective labour disputes are only between the parties
in conflict.
Article 168
(1) The conciliation procedure is mandatory.
(2) Within three working days from registering the notification, the Ministry of Labour and Social
Protection, in the case of collective labour conflicts at the level of a group of units or at the sector
level, respectively the territorial labour inspectorate, in case of collective labour conflicts at the
unit level, appoints his delegate to participate in the conciliation of the collective labour conflict
and communicates the data of the designated person both to the trade union organization or
employees 'representatives and to the employer or employers' organization.
(3) The Ministry of Labour and Social Protection, respectively the territorial labour inspectorate,
as the case may be, shall convene the parties to the conciliation procedure within a term not
exceeding 7 working days from the date of appointment of the delegate.
Article 169
(1) In order to support their interests in conciliation, the representative trade unions or, where
appropriate, the representatives of the employees designate a delegation consisting of 2 to 5
persons, who will be empowered in writing to participate in the conciliation organized by the
Ministry of Labour and Social Protection or the territorial labour inspectorate, as the case may be.
The trade union delegation may also include representatives of the trade union federation or
confederation to which the trade union organization is affiliated.
(2) Any person fulfilling the following conditions may be elected as a representative of the
representative trade unions or, as the case may be, of the representatives of the employees:
a) has full exercise capacity;
b) is an employee of the unit or represents the trade union federation or representative
confederation to which the trade union organization that triggered the labour conflict is affiliated.
Article 170
33
In order to support his interests in conciliation, the employer or employers' organization
designates a delegation consisting of 2 to 5 persons to participate in the conciliation by written
empowerment.
Article 171
(1) On the date established for conciliation, the delegate of the Ministry of Labour and Social
Protection or of the territorial labour inspectorate, as the case may be, verifies the powers of the
delegates of the parties and insists that they act to achieve the conciliation.
(2) The parties’ points of views and the result of the debates shall be recorded in a minutes,
signed by the parties and the delegate of the Ministry of Labour and Social Protection or of the
territorial labour inspectorate, as the case may be.
(3) The minutes shall be drawn up in original, one for each conciliator and one for the delegate
of the Ministry of Labour and Social Protection or of the territorial labour inspectorate, as the case
may be.
Article 172
If an agreement on the settlement of the claims is reached after the debates, the collective
labour dispute is deemed concluded.
Article 173
In cases where the agreement on the resolution of the collective labour dispute is only partial,
the record of the agreement on which the agreement has been concluded and the remaining
unresolved, together with the views of each party regarding the latter, shall be recorded in the
minutes.
Article 174
The conciliation results will be brought to the attention of the employees by those who have
made the request for conciliation.
CHAPTER IV
Mediation and arbitration
Article 175
In order to promote the amicable and with celerity settlement of collective labour conflicts, the
Office of Mediation and Arbitration of Collective Labour Conflict is set up by the side of the Ministry
of Labour and Social Protection.
Article 176
(1) The way of setting up, organizing and functioning of the Office of Mediation and Arbitration of
Collective Labour Conflicts shall be regulated by a Government decision, which shall be adopted no
later than 90 days after the entry into force of this law.
(2) Within the Office of Mediation and Arbitration of Collective Labour Conflicts shall be
established the body of mediators and the body of arbitrators of collective labour conflicts.
Article 177
The composition and criteria for admission to the body of mediators and the body of arbitrators
of collective labour conflicts, the competence, attributions as well as mediation and arbitration
procedures are established by the Mediation and Arbitration Regulation, drawn up by the Office of
Mediation and Arbitration of Collective Labour Conflicts by the side of the Ministry of Labour and
34
Social Protection, approved by joint Order of the Minister of Labour, Family and Social Protection
and of the Minister of Justice, published in the Official Gazette of Romania, Part I.
Article 178
(1) If the collective labour dispute has not been solved following the conciliation organized by
the Ministry of public Consultation and Social Dialogue respectively by the territorial labour
inspectorate, as the case may be, the parties may decide by consensus to initiate the mediation
procedure, under the terms of this law.
(2) For the mediation of individual labour conflicts are applicable the provisions of Article 73
paragraph (2) of Law no. 192/2006 regarding the mediation and organization of the profession of
mediator, with subsequent amendments and completions.
Article 179
(1) Throughout the duration of a collective labour dispute, the parties to the dispute may decide
by consensus that the claims filed shall be submitted to the arbitration of the Office of Mediation
and Arbitration of Collective Labour Conflicts by the side of the Ministry of Labour and Social
Protection.
(2) The arbitral decisions made by the Office for the Mediation and Arbitration of Collective
Labour Conflicts by the side of the Ministry of Labour and Social Protection are binding for the
parties, they supplement the collective labour agreements and constitute enforceable titles.
Article 180
Mediation or arbitration of the collective labour conflict is mandatory/binding if the parties have
jointly agreed before triggering the strike or during the strike.
CHAPTER V
Strike
Article 181
Strike means any form of collective and voluntary cessation of the work in a unit.
Article 182
The strike may be declared only if the possibilities for solving the collective labour conflict have
been exhausted through the mandatory procedures provided by this law, only after the warning
strike was carried out and if the moment when the strike was triggered was brought to the
knowledge of the employers by the organizers with at least two working days before.
Article 183
(1) The decision to declare the strike shall be taken by the representative trade union
organizations participating in the collective labour dispute, with the written agreement of at least
half of the number of the members of the respective trade unions.
(2) For the employees of the units where no representative trade unions are organized, the
decision to declare the strike shall be taken by the representatives of the employees, with the
written consent of at least one quarter of the employees of the unit or, as the case may be, of the
subunit or the compartment.
(3) The decision to declare the strike with the proof of fulfilment of the conditions stipulated in
paragraph (1) shall be notified in writing to the employer, within the time stipulated in Article 182.
Article 184
Strikes can be of different types: warning, solidarity and so called strike.
35
Article 185
The warning strike may not last longer than two hours if it is done with the cessation of work and
must in all cases precede the so called strike with at least two working days.
Article 186
(1) The solidarity strike may be declared in order to support the claims drawn up by employees
of other units belonging to the same group of units or sector of activity.
(2) The decision to declare a solidarity strike may be taken, in compliance with the provisions of
Article 183 paragraph (1) by representative trade unions affiliated to the same trade union
federation or confederation to which the organizing union is affiliated. In the case of solidarity
strikes, the provisions of Article 183 paragraph (2) shall not apply.
(3) The solidarity strike may not be longer than one working day and must be announced in
writing to the management of the unit at least two working days before the date of cessation of the
work.
Article 187
(1) The strikes shall be organized by the representative trade union or, as the case may be, by
the representatives of the employees, who shall also determine their duration, observing the
provisions of Article 186.
(2) The representative trade union or, as the case may be, the elected representatives of the
employees shall represent the strikers throughout the strike in the relations with the employers,
including before the courts, in cases where the suspension or the cessation of the strike is
requested.
Article 188
During the time when the claims drawn by the employees are subject to mediation or
arbitration, the employees can not strike or, if the strike is triggered, it is suspended under the
conditions of Article 197 paragraph (3).
Article 189
If, after the strike triggering, more than half of the employees who decided to trigger the strike
give up the strike in writing, the strike ceases.
Article 190
(1) The strike may be declared only for professional, economic and social interests of the
employees.
(2) The strike cannot pursue political goals.
Article 191
(1) Participation in the strike is free. No one can be compelled to participate in the strike or
refuse to participate.
(2) During a strike in a unit, the activity of employees of subunits or compartments that did not
initially participate in the collective labour dispute may cease.
(3) In the situations stipulated in paragraph (2), the claims are those formulated at the beginning
of the collective labour conflict.
Article 192
(1) Employees not participating in the strike will continue to work.
36
(2) Employees on strike shall abstain from any action likely to prevent the continued activity of
those not participating in the strike.
Article 193
(1) The strike organizers shall protect the assets of the unit during the strike and, together with
the management of the unit, to ensure the continuous operation of the equipment and installations
whose stopping could constitute a danger to human life or health.
(2) For material damage caused by the participants to the strike, the employer may address the
competent court for damages.
Article 194
(1) During the strike, the management of the unit cannot be prevented from carrying out its
activity by the strike employees or its organizers.
(2) The management of the unit may not employ other employees to replace those taking part in
the strike.
Article 195
(1) Throughout the duration of the strike, the individual employment agreement or the
employee's employment report, as the case may be, is suspended by law. During the suspension,
only the health insurance rights are maintained.
(2) At any time of the strike, either party may request the participation of a representative of
the territorial labour inspectorate for the detection of any contraventions.
Article 196
(1) Participation in the strike or its organization, in compliance with the provisions of the present
law, shall not constitute a violation of the employees' obligations and shall not imply the possibility
of penalizing them in any way.
(2) The provisions of paragraph (1) do not apply if the strike is declared illegal, according to
Article 200 paragraph (1) letter b).
Article 197
(1) During the strike, its organizer shall continue negotiations with the management of the unit
in order to solve the claims that are the object of the collective labour conflict.
(2) If the organizers of the strike and the management of the unit reach an agreement, the
collective labour dispute is closed and the strike ceases.
(3) During the negotiations, the strike organizers may agree with the employer the temporary
suspension of the strike. If the negotiations fail, the strike will be resumed, without having to go
through the preliminary procedural steps provided by the law.
(4) Except the situation provided in paragraph (3), the strike organizers cannot postpone the
strike at a date other than the one announced or suspends it for a certain period of time only by
resuming the whole procedure for triggering collective labour disputes.
(5) The organizers of the strike's refusal to fulfil the obligation provided in paragraph (1) entails
the legal liability for the damages caused to the unit.
Article 198
If the employer considers that the strike has been declared or is being carried out in violation of
the law, the employer may apply to the tribunal in whose district is the unit in which the strike has
been lodged with a request requiring the court the termination of the strike.
Article 199
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The Court shall set a time limit for the settlement of the strike application, which may not be
longer than two working days from the date of its registration, and shall order the parties quoting.
Article 200
(1) The Tribunal shall examine the application for termination of the strike and shall urgently
pronounce a judgment whereby, as the case may be:
a) rejects the employer's request;
b) accepts the employer's request and orders the termination of the strike as illegal.
(2) Judgments of the tribunal shall be subject only to the appeal.
Article 201
(1) The Court of First Instance and the Court of Appeal shall settle the application or, as the case
may be, the appeal, according to the procedure provided for the resolution of collective labour
disputes.
(2) If the court orders the termination of the strike as illegal, the court may, at the request of
the persons concerned, oblige the organizers of the strike and the employees participating into
illegal strike to pay damages.
Article 202
Can not declare a strike: the prosecutors, the magistrates, the military personnel and staff with
special status within the Ministry of National Defence, the Ministry of Administration and Interior,
the Ministry of Justice and the institutions and structures under their subordination or coordination,
including the National Administration of Penitentiaries, The Romanian Intelligence Service, the
Foreign Intelligence Service, the Special Telecommunications Service, the staff employed by the
foreign armed forces stationed on the territory of Romania, as well as other categories of personnel
who are forbidden to exercise this right by law.
Article 203
Airborne, naval and terrestrial personnel of any kind cannot strike from the time of their mission
until its closure.
Article 204
The personnel embarked on the merchant navy vessels under the Romanian flag may declare
strike only in compliance with the norms established by international conventions ratified by the
Romanian state under the conditions of art. 203.
Article 205
In public health and social care, telecommunications, radio and television, railway transport,
public transportation and sanitation units, as well as gas, electricity, heat and water supply, the
strike is allowed on condition that the strike organizers provide the services, but not less than one-
third of normal activity.
Article 206
Employees in units of the national energy system, operating units in the nuclear sector, in
continuous fire units may strike on condition that at least one third of their activity is ensured so as
not to endanger human life and health and ensure the operation of the facilities In complete
safety.
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CHAPTER VI
Individual work disputes
Article 208
Individual labour disputes are settled at first instance by the tribunal.
#M3
Article 209 *** Repealed
#M3
Article 210
Requests for the settlement of individual labour disputes shall be addressed to the court in
whose jurisdiction the applicant has his domicile or place of work.
#B
Article 211
Applications may be made by those whose rights have been violated as follows:
a) unilateral measures to enforce, modify, suspend or terminate the individual employment
agreement, including commitments to pay sums of money, may be contested within 45 calendar
days of the date on which the person concerned became aware of the measure disposed;
b) the finding of invalidity of an individual employment agreement may be required by the
parties for the entire period of the agreement in question;
c) payment of damages for damages caused and repayment of amounts which have been the
subject of undue payments may be requested within 3 years from the date of the damage.
Article 212
(1) Requests for solving individual labour disputes shall be judged with celerity.
(2) The time limits may not exceed 10 days.
Article 213
The parties are legally noticed if the summons were handed to them at least 5 days before the
trial.
Article 214
The judgments of the court of first instance are subject only to the appeal.
Article 215
The deadline for appeal is 10 days from the date of the judgment.
Article 216
The provisions of the present law on the procedure for solving individual labour disputes are
duly completed with the provisions of the Civil Procedure Code.
TITLE IX
Penalties
Article 217
(1) The following facts constitute contraventions and shall be sanctioned as follows:
a) violation of the provisions stipulated in Article 7 paragraph (2), with a fine from 15,000 lei to
20,000 lei;
39
b) the employer's refusal to start the negotiation of the collective labour agreement, with a fine
ranging from 5,000 lei to 10,000 lei;
c) failure to submit for publication by the signing parties the collective labour agreement at the
level of a group of units or sector of activity, with a fine of 3,000 lei. Responsibility is shared
between the parties;
d) non-compliance with the obligation stipulated in Article 162 paragraph (1), with a fine from
1,000 lei to 3,000 lei;
e) non-compliance with the provisions of Article 194 paragraph (1), with a fine from 5,000 lei
to 10,000 lei;
f) preventing in any way the access of the labour inspector for the detection of any
contraventions, according to Article 195, by any of the parties to the conflict, with a fine of 5,000
to 10,000 lei.
(2) The ascertainment of contraventions and the application of sanctions shall be made by the
Labour Inspection.
(3) For the contraventions provided in paragraph (1) are applicable the provisions of the
Government Ordinance no. 2/2001 regarding the legal regime of contraventions, approved with
amendments and completions by Law no. 180/2002, as subsequently amended and supplemented.
# M1
Article 218
(1) A criminal offense is punishable by imprisonment from 3 months to 2 years or by fine the fact
of a person who, by threats or by violence, prevents or forces an employee or a group of employees
to participate in the strike or to work during the strike.
(2) Conditioning or constraint in any way aimed at limiting the exercise of the duties of the
elected members of the governing bodies of the trade union organizations constitutes an offense
and shall be punished by imprisonment from 3 months to 2 years or by fine if the deed is not a more
serious crime.
# M5
(3) The criminal proceedings shall be initiated upon the preliminary complaint of the injured
party, except for the offense provided in paragraph (1).
#B
(4) The declaration of the strike by the organizers in violation of the conditions stipulated in
Article 191 paragraph (1) or to Articles 202 – 205 constitutes a criminal offense and is punishable
by imprisonment from one month to one year or a fine if the act does not constitute a more serious
crime.
TITLE X
Transitional and final provisions
Article 219
(1) The judgments on the acquisition of legal personality by the trade unions or employers'
organizations obtained until the date of entry into force of this law shall remain valid.
(2) The trade union federations that have acquired their legal personality in the county courts
have the obligation within 90 days from the entry into force of this law to request the transcription
40
into the Special Register of the federations and confederations of the Tribunal of Bucharest
Municipality.
(3) The request for transcription provided in paragraph (2) shall be accompanied by two copies of
the final and irrevocable decision to acquire legal personality by the trade union federation and of
the last judicial decision to amend the statute, as the case may be.
(4) Within 30 days from the filing of the application, the Tribunal of Bucharest Municipality shall
request from the petitioner trade union federation a request to the county court to obtain the legal
personality file.
Article 220
The model, the way of filling in and operating the special registers of the trade unions,
respectively of the employers’ organizations stipulated in Article 17 paragraph (1) and Article 59
paragraph (1) shall be established by joint order of the Minister of Justice and of the Minister of
Labour, Family and Social Protection, within 90 days from the date of entry into force of this law,
after consultation with the social partners.
Article 221
(1) The fulfilment of the conditions of representativeness shall be established by a court
decision.
(2) The validation of the conditions of representativeness is made from 4 to 4 years.
(3) The judgments confirming the fulfilment of the conditions of representativeness of the
employers’ and trade union organizations under this law shall be communicated to the Ministry of
Labour and Social Protection, which shall keep records thereof.
Article 222
(1) Representativeness of employers’ or trade unions’ organizations may be appealed in court by
the employers’ or trade union organizations corresponding at national level, sector of activity,
group of units or units, where one or more of the criteria provided by Article 51 paragraph (1)
letters A - C and Article 72 paragraph (1) letters A and B, on the basis of which the
representativeness in question was acquired.
(2) The appeal shall be lodged with the court which granted the representativeness.
(3) If an employers’ or trade union organization signing a collective agreement loses its status as
a representative organization, any interested party entitled to negotiate that collective labour
agreement shall have the right to request the renegotiation of the collective agreement in question
previously to the expiry date. If no renegotiation is requested, the collective labour agreement
remains in force until the expiry of the term for which it was concluded.
(4) Where, during a collective agreement being in force, the employer changes its main object of
activity, the provisions of the collective labour agreement concluded at the level of the sector of
activity in which the new main object of activity fall shall apply.
Article 223
The representativeness of employers’ and trade unions’ organizations found up to the date of
entry into force of the present law shall take effect after the date of its entry into force only if it
fulfils the representativeness criteria provided by the present law.
Article 224
On the date of entry into force of this law, the following laws shall be repealed:
41
a) Trade Unions Law no. 54/2003, published in the Official Gazette of Romania, Part I, no. 73 of
February 5, 2003, as subsequently amended;
b) Law no. 168/1999 on the resolution of labour disputes, published in the Official Gazette of
Romania, Part I, no. 582 of 29 November 1999, as subsequently amended and supplemented, with
the exception of Art. 26 - 39, which are abrogated as of the date of publication in the Official
Gazette of Romania, Part I, of the joint order of the minister of labour, family and social protection
and of the minister of justice stipulated in art. 177;
c) Employers' Law no. 356/2001, published in the Official Gazette of Romania, Part I, no. 380 of
July 12, 2001, as subsequently amended;
d) Law no. 130/1996 on the collective labour agreement, republished in the Official Gazette of
Romania, Part I, no. 184 of May 19, 1998, as amended and supplemented;
e) Law no. 109/1997 on the organization and functioning of the Economic and Social Council,
published in the Official Gazette of Romania, Part I, no. 141 of 7 July 1997, as subsequently
amended and supplemented;
f) Government Decision no. 369/2009 on the setting up and functioning of the social dialogue
commissions at the level of the central and territorial public administration, published in the
Official Gazette of Romania, Part I, no. 227 of 7 April 2009, as subsequently amended and
supplemented
ANNEX 3
FRAMEWORK REGULATION on the establishment and functioning of the social dialogue
commissions in the central public administration
I. Composition of Social Dialogue Commissions
The social dialogue commissions at central public administration level include:
1. representatives of ministries - state secretaries, as well as heads of public institutions,
authorities and agencies under the coordination or subordination of ministries, appointed by order
of the minister;
2. representatives of the social partners - representatives of trade union and employers’
confederations representative at national level, according to copies of final judgments filed with
the secretariat of the social dialogue commission. Trade unions and employers’ organizations
members of the social dialogue commissions will appoint one titular and one substitute for the
social dialogue commissions at the level of the ministries and public institutions set out in annex
no. 1 to the law;
3. experts - trade unions and employers’ organizations, depending on the topic approached, may
be assisted by experts, who will participate on the basis of a confederation mandate;
4. guests - at the proposal of the Chair of the Social Dialogue Commission, the commission
plenary may approve the participation of non-permanent guests. In the case of a debate requiring
the participation of representatives of other public institutions, authorities and agencies, the Chair
of the Social Dialogue Commission has the obligation to invite them to the commissions meetings;
5. the representative of the Ministry of Labour and Social Protection - at the works of the social
dialogue commissions in the ministries and other public institutions mentioned in Annex no. 1 a
representative of the Ministry of Labour and Social Protection will be invited to provide
methodological assistance.
42
II. Functioning of social dialogue commissions
1. The chairmanship of the commission is provided by a state secretary or, in special cases, with
the agreement of the social dialogue partners, by another representative of the ministry,
empowered by minister's order or, in the case of the public institutions listed in annex no. 1 to the
law by a representative empowered by the head of the public institution.
The chairman of the commission has the following duties:
a) lead the meetings of the social dialogue commission;
b) convene the members of the commission, as well as the guests to its meetings;
c) ensure the presence of representatives of other authorities and agencies under the
coordination or subordination of the ministry or public institution concerned in the social
dialogue commission meetings.
2. The secretariat of the social dialogue commission shall be provided by the public institution in
which it operates.
3. The secretariat of the Social Dialogue Commission shall have the following attributions:
a) drawing up and communicating the agenda;
b) disseminating the working documents for the commission meetings;
c) drafting the minute for each meeting, as well as its transmission to the social partners, the
Ministry of Labour and Social Protection and the Economic and Social Council;
d) records of the final judgments on the representativeness of the social partners, in a legalized
copy.
4. The social dialogue commissions meet monthly or whenever necessary, on the basis of a
convocation made by the commission chair. The convocation of the commission shall be made in
writing, at least 3 working days before the date of the meeting, with the communication of the
agenda and of the working documents. The agenda may be supplemented with other points, with
the approval of the commission plenary.
5. The Chairperson of the Commission may convene an extraordinary meeting of the Social
Dialogue Commission to discuss urgent issues or at the motivated request of social partners.
6. The meetings of the social dialogue commission convened for the debate of some normative
acts meet after the proposed normative act has been approved by the ministry's management and
before submitting the draft for approval to other ministries.
7. The meeting of the Social Dialogue Commission does not require the holding of a specific
quorum, the presence of the social partners being voluntary, the calling procedure being respected
if done within the legal deadline.
8. The views adopted in the social dialogue commissions are considered acceptable by the social
partners whose representatives were not present at the commission meetings they were invited to
attend. At the written proposals made by the social partners, the initiator of the normative act or
other projects has the obligation to give a reasoned reply within 5 working days from the date of
the commission meeting.
9. After each meeting of the Social Dialogue Commission, its secretariat shall draw up a minutes,
which shall be circulated to the social partners at the next meeting for approval. That minute is
also sent to the Ministry of Labour and Social Protection, as well as the Economic and Social
Council.
43
10. The Chair of the Social Dialogue Commission will make available to the social partners the
information available to formulate a reasoned point of view.
11. The views of the social partners on the normative acts to be debated in the commission will
be submitted to the secretariat of the social dialogue commission in written form, following the
model: original text - proposal for modification - motivation.
12. Working groups may be set up to discuss specific issues, with the participation of
representatives nominally designated by the social partners, members of the commission with a
specified mandate.
13. The normative acts debated within the Social Dialogue Commission will be accompanied in
the minutes of the meeting of the Social Dialogue Commission, which will include the views of the
social partners on the normative act discussed.
ANNEX 4
REGULATION FRAMEWORK
on the establishment and functioning of the social dialogue commissions at the level of the
local public administration
I. Composition of Social Dialogue Commissions
The social dialogue commissions at the level of the local public administration include:
1. the prefect, as well as representatives of the prefect and of the deconcentrated public
services of the ministries and of the other specialized bodies of the central public administration,
appointed by order by the prefect;
2. the president of the county council or the general mayor of the capital, for the municipality of
Bucharest;
3. representatives of the social partners - representatives of trade union confederations and
employer’s representative at national level, according to copies of the final judgments filed with
the secretariat of the social dialogue commission established at the Ministry of Labour and Social
Protection. The secretariat of the Social Dialogue Commission established at the Ministry of Labour
and Social Protection will send to the social dialogue commissions established at county and
Bucharest municipality level the list of employers’ and trade unions’ confederations representative
at national level, according to these court judgments. Trade union and employers' organizations
representative at national level will nominate one titular and one substitute for the social dialogue
commissions at the county level from their own structures in the territory;
4. experts - trade union and employers’ organizations, depending on the topic being approached,
may be assisted by experts who will participate on a mandate basis;
5. guests - at the proposal of the Chair of the Social Dialogue Commission, the commission
plenary may approve the participation of non-permanent guest speakers. In the case of a debate
requiring the participation of representatives of other public institutions, the Chair of the Social
Dialogue Commission has the obligation to invite them to the commission meetings;
6. the representative of the Territorial Labour Inspectorate - a representative of the Ministry of
Labour and Social Protection will be invited to the work of the social dialogue commissions
constituted on the territorial level to provide methodological assistance.
II. Functioning of social dialogue commissions
44
1. The chairmanship of the commission, based on the principle of co-presidency, is ensured by
the prefect and by the president of the county council or by the general mayor of the capital, for
the municipality of Bucharest.
2. The secretariat of the social dialogue commission shall be provided by the public institution in
which it operates.
3. The secretariat of the Social Dialogue Commission shall have the following attributions:
a) convening the members of the commission at its meetings;
b) drafting and communicating the agenda;
c) disseminating the working papers for the commission meetings;
d) drafting the minute for each meeting, as well as transmitting it to the members of the
commission and state secretary responsible for social dialogue within the Ministry of Labour and
Social Protection.
4. The social dialogue commission meet monthly or whenever necessary, on the basis of a
convocation made by the commission chair. The convocation of the commission shall be made in
writing, at least 3 working days before the date of the meeting, with the communication of the
agenda and of the working documents. The agenda may be supplemented with other points, with
the approval of the commission plenary.
5. The Chairperson of the Commission may convene an extraordinary meeting of the Social
Dialogue Commission to discuss urgent issues or at the motivated request of social partners.
6. The meeting of the Social Dialogue Commission does not require the holding of a specific
quorum, the presence of the social partners being voluntary, the calling procedure being respected
if done within a legal term.
7. The views adopted in the social dialogue commission are considered acceptable by the social
partners whose representatives were not present at the commission meetings they were invited to
attend. At the written proposals made by the social partners, the initiator of the normative act or
other projects has the obligation to give a reasoned reply, within 5 days from the date of the
commission meeting.
8. After each meeting of the Social Dialogue Commission, its secretariat shall draw up a minutes,
which shall be circulated to the social partners at the next meeting for approval. That minute is
also sent to the State Secretary for Social Dialogue within the Ministry of Labour and Social
Protection.
9. The Chair of the Social Dialogue Commission shall make available to the social partners the
information available to develop a reasoned point of view.
10. The views of the social partners on the normative acts to be debated in the commission will
be submitted to the secretariat of the social dialogue commission in written form, following the
model: original text - proposal for modification - motivation.
11. In order to discuss specific problems, working groups may be formed, with the participation of
representatives nominally appointed by the social partners, members of the commission with a
specified mandate.
45

Law No. 62 2011 On Social Dialogue 2020

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