Romanian PM, Unions, Employers Resume Talks On Labor Code

In their previous meeting, the prime minister supported eliminating national collective labor contracts, but was in favor of collective contracts for each industry, according to Cezar Coraci, leader of employers’ association UGIR-1903.

Boc said later that the Government has accepted 27 of the social partners’ suggestions, such as the period of prior notice – 20 calendar days for regular positions and 30 days for management positions – and the period of internship for recent graduates.

Three main issues are left on the table. One is the matter of limited-run work contracts; social partners say they should run for two years, or three in exceptional cases, with the employee’s written consent. Another issue is the trial period, which the unions say should not exceed 90 days and should be controlled through the collective labor contract. The third issue is how collective contracts would be enforced.

The draft Labor Code provides a 45-day trial period for regular positions and 120 days for management positions, while the unions say it should be no longer than 90 days in either case. The Government suggests allowing the hiring of more than three people for the same position during a trial period, which is prohibited in the current Labor Code, while the unions oppose repealing this provision.

When the employer finds it necessary to temporarily suspend or scale down activity, the Government suggests reducing working hours and salaries. The unions say the Code should read this can be done „especially” for economic, technological, structural or similar reasons. The unions also say that in such cases of inactivity, lasting longer than 30 days, the employer should be able to shorten the working week to four days, together with a matching salary reduction, through negotiations with employee representatives, until the problem that caused the downscaling is solved.

The Government says an employee should have at least ten working days of uninterrupted leave, while the unions say this period should be at least 15 days.

The Government suggests allowing the employer to claim compensation for damage caused by an employee within 30 days of having informed the employee of the value of damage. The unions oppose this idea, arguing that only a court may rule who is to blame.