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LEGAL CHANGES IN THE FIELD OF COLLECTIVE BARGAINING IN ROMANIA
Abstract
Romanian labour and industrial relations legislation has undergone wide-ranging changes in recent years. The Social Dialogue Law No. 62/2011 repealed and replaced several laws regulating industrial relations. These measures were among the structural reforms aimed at meeting Romania's budget deficit reduction targets, restoring macroeconomic stability and employment growth. This paper looks at the main legislative amendments regarding collective bargaining in Romania, including social partners' representativeness, the legal effects of collective agreements. One of the major changes is the elimination of collective bargaining at national level. The national collective agreement used to be the bargaining platform for the minimum wage, by derogation from the legal forum. Other legal changes include supplementing representativeness conditions at sector level, introducing the absolute majority requirement for acquiring representativeness for enterprise collective bargaining, and limiting the duration of collective agreements to 24 months. This is followed by a comparative analysis of the legal provisions on collective bargaining in Bulgaria and Romania. Unlike the Romanian system of collective bargaining, the main actors, levels and procedures for collective bargaining are established in Bulgaria by The Labour Code, while the collective bargaining system is organised on three levels: branch/sector level – municipal level – company level. The paper concludes with some considerations on the main impacts of these reforms on workers' rights.
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