Compulsory clauses in

the collective labor/

Bargaining agreement
During this presentation:
 emphasize on how this agreement is
implemented in our country
 capture its process on both its advantages
and disadvantages.
 Florin Marian Suciu points in his research on Types of
contracts in the Romanian Labor Law that at national level, it
can be noticed the existence of a collective labor contract
and an individual one.
 Romania before 1989 - improvement guaranteed by a
collective bargaining could not be reach in a period of work
control.
 When market economy had taken its leap, the development
of such collective clauses in labor was justifiable.

Suciu, Florin Marian. Types of contracts in the Romanian Labor Law. Coimbra, 2014/2015
 At current moment, the Collective Bargaining
Agreement is not only guaranteed in the Constitution but
also present in the Law no. 130/1996.
 The key term is “collective”, which differs this agreement
from an usual individual contract.
 Its generality and its validity are important factors that
demonstrate its value and necessity in the work labor.
 The beauty of it is its continuous change based on
negotiation, but this could also bring disadvantages when the
terms negotiated are below the usual level of rights.
 At this point, the unions’ representative could take action
and support the employees’ best interests.
Conditions:
 Employer’s obligation to organize a collective bargaining
when the unit is formed of more than 21 employees.
 In Romanian law, the initiative is mandatory, the outcomes
can differ, from having a strike to mutually decide on not
implementing such a collective agreement.
 The minimum amount of implementation has to be of 12
months and there are also required minutes redactions of
every meeting and discussion.
 The final written form should then be sent to Romanian
Work Direction Institution. It is important that all terms to
be according to the legislation and to have in its spectrum a
specific area of work force or unit to apply to.
Why would a Collective Bargaining have a
certain signification if there is already an
employment legislation functioning in
Romania?

 Some personal and professional rights and duties may reach a

superior level after a negotiation of both parts, or some aspects
could not be present in the work law, reason why these could be
implemented using this additional collective agreement.
 This basically follows everyone’s best interest and representation.
 Its easily-to-shape form can also be perceived as an advantage, as a
collective agreement could be applied to a certain section of
activity including future employees in within that industry, or be
treated as a contract for a certain unit and a certain period of time
in the organization’s development.
Termination/Suspension
 A Collective Contract can be terminated, on
force or as an expected outcome. The situations
in which a termination or suspension may be in
order is in case of a strike, of a mutual agreement
on implementing some changes or the ending
point of a project or unit. In all of these cases, the
Romanian Work Direction Institution has to be
notified again.
From the same study realized
by Suciu, we find out that a
collective bargaining can be
realized at unit level, regional
level and even at a national
one. Regarding to the last
category, one interesting fact
is that:
 “The Collective
Employment Contracts that
are established nationally
are published in the Official
Journal of Romania, in due
time of 30 days from their
registration but their official
release date will be when
they are registered at the
Ministry of Employment and
Social Solidarity.”
Preluat/Taken from Suciu, Florin Marian. Types of contracts in
the Romanian Labor Law. Coimbra, 2014/2015
Conclusions:
In this new light and perspective, based on this
presentation and the one of my colleague, it came to
our attention:
 what represents a Collective Bargaining and how it
can lead to an Agreement;
 why is this Contract important for employees as well
as for the employer and which general aspects does it
concern of;
 The entire procedure reported to unit or national
level in Romania, briefly discussed and a summary of
its development, advantages and disadvantages,
consequences to be taken into consideration were
also approached.
The end!!