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Romania: Industrial relations

Original and updating authors: Nestor Nestor Diculescu Kingston Peterson (Gabriela Dinu, Roxana Abrasu and Daniel Stancescu)

See the legal services provided by the authors of International > Romania, including any discounts/offers for subscribers.

Summary

  • Trade unions that meet statutory criteria to be considered "representative" have collective bargaining rights. (See Trade unions and recognition)
  • Statute regulates various aspects of collective bargaining. For example, employers with 10 or more employees are obliged to engage in bargaining, though not necessarily to reach an agreement. (See Collective bargaining and agreements)
  • Trade unions or, in their absence, elected employee representatives, must be informed and consulted by the employer on a range of issues. (See Informing and consulting employees - general)
  • In the event of collective redundancies, a special statutory information and consultation procedure applies to employers with more than 20 employees. (See Informing and consulting prior to redundancies)
  • In the event of a planned business transfer, both the transferor and the transferee must inform and, in some circumstances, consult employee representatives. (See Informing and consulting prior to transfers)
  • "Community-scale" undertakings or groups of undertakings with headquarters in Romania must, at the request of employees or their representatives, establish a special negotiating body to negotiate over the establishment of a European Works Council. (See European Works Councils)
  • Employees have a constitutional right to strike, but this is subject to various procedures and restrictions. (See Industrial action)
  • Employees have no statutory entitlement to representation on a company's board of directors, but an employer may invite a representative trade union or a designated representative to participate in board meetings for certain matters of professional and social interest that affect employees. (See Board-level employee representation)