National Collective Contract Removed From Latest Draft Of Romanian Labor Code

The latest draft of the new Labor Code, obtained by MEDIAFAX, has repealed articles 238-247 from the current Code, all of which refer to collective labor contracts.

Article 238 of the current Code says the rights granted to employees through individual contracts cannot be weaker than those provided through collective work contracts.

Article 239 says the collective work contract applies to every employee, irrespective of the length of their employment or their affiliation with a labor organization.

Article 240 says collective work contracts can cover employers, industries and the country, as well as groups of employers. Article 241 explains the subject of each of these levels.

Article 242 says a collective work contract is valid for at least 12 months, or indefinitely.

Article 243 says observance of a collective work contract is mandatory for all parties.

Article 244 says the clauses of a collective work contract may be amended during its run, in accordance with the law, any time the parties are in agreement.

Article 245 says the collective work contract is terminated when its validity expires or upon completion of the project for which it was signed, unless the parties agree to extend it, upon the employer’s dissolution, or with the parties’ consent.

Article 246 says the contract’s effects may be suspended if the parties agree to do so, or in cases of force majeure.

Article 247 says that if there is no collective work contract to cover an employer, group of employers or industry, the higher-level contract shall apply.

This latest draft of the Code also repeals article 290 of the current Code, regarding the work conflict resolution procedure, which shall be the subject of a specific law.

The labor unions oppose eliminating collective work contracts from the Code, arguing that terms such as working hours, conditions and minimum wage shall be abolished and workers might end up being paid less than they are worth.