Collective Bargaining Agreement Romana

(Note: Collective bargaining procedures are governed by the Social Dialogue Act[2], hereinafter referred to as “SDL”). The Office of Labor-Management Standards, part of the U.S. Department of Labor, is required to collect all collective agreements for 1,000 or more workers, except those for railroads and airlines. [16] They provide public access to these collections through their website. For the duration of a labour dispute, the parties may, by mutual agreement, postpone arbitration organized by the Office for Mediation and Arbitration of Labour Disputes. The arbitrator`s decisions are binding on the parties and complement the collective agreements. Mediation or arbitration becomes mandatory if the parties agree before or during the strike. The minimum legal duration of a collective agreement is 12 months and the maximum legal duration is two years, although it can be extended by mutual agreement of 12 months. Employers at company level should start negotiations at least 45 days before the expiry date of the existing agreement and should not last more than 60 days unless agreed. Negotiations usually take place at the end of one calendar year and the beginning of the following calendar year. Wage increases are usually agreed between the employee and the employer, individually or on the basis of collective bargaining.

In certain circumstances, personnel rules may also set salary increases. In Sweden, the coverage of collective agreements is very high, although there are no legal mechanisms to extend agreements to entire sectors. In 2018, 83% of all private sector employees were covered by collective agreements, 100% of public sector employees and 90% in total (across the labour market). [10] This reflects the predominance of self-regulation (regulation by the labour market parties themselves) over government regulation in Swedish industrial relations. [11] In accordance with the relevant provisions of the Romanian Labour Code, the employer must consult the trade union or workers` representatives on decisions that may seriously affect workers` rights and interests. However, as the Labour Act does not explicitly establish decisions that require consultation, the participation of trade unions in the event of termination of employment is optional individually (and not collectively). However, the worker concerned may request the participation of the trade union in dismissal procedures. The absence of workers`/trade union representatives does not relieve the employer of its obligation to engage in collective bargaining. Therefore, if there are no representatives/unions in a company with at least 21 workers, the safest approach for the employer would be to inform all workers in writing of its intention to enter into collective bargaining and of their right to elect their representatives for such negotiations. If workers do not elect their representatives and, for this reason, collective bargaining is not initiated by the employer, the above communication will demonstrate the good faith of the employer in the event of a labour inspection, thus eliminating the risk of a fine for non-compliance with the obligation to negotiate the KNA.

workers` representatives who are not consulted on recent or probable developments in the employer`s activity and staff; may result in a fine of RON 2500 to 25000 (EUR 530 to EUR 5300) for each transfer of workers` TUPE and a fine of RON 1500 to 3000 (EUR 320 to 640) for collective bargaining and a fine of RON 5000 to 10000 (EUR 1060 to 2120) for collective bargaining. . . .

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