ROMANIA Law and Practice Contributed by: Oana Palita and Camelia Meirosu, Eversheds Sutherland Romania
6. Collective Relations 6.1 Unions
employees may elect representatives to promote and defend their rights and interests. The employees’ representatives are elected at the level of the employer by at least half plus one of the number of employees (50% + 1). Their mandate may last for up to two years, with the possibility of re-elec - tion at the end of the term. The number of employees’ representatives at the level of a company is established in agreement with the employer; where no agreement is reached, guidance is provided by Romanian legislation regarding the appropriate number of representatives by reference to the overall population. Similarly to unions, employees’ representatives act in the interest of the employees, as a collective body. They can either represent employees’ rights collec - tively (such as in negotiation of the collective bargain - ing agreement) or in specific individual cases, upon request. Romanian legislation provides specific information and consultation rights for employees’ representa - tives. 6.3 Collective Bargaining Agreements Collective bargaining agreements (CBAs) are frequent - ly used as a tool to improve the employee’s rights and benefits, at a collective level, rather than by engaging in individual negotiations. While concluding a CBA is not mandatory, consulta - tions in view of potentially implementing a collective agreement are required for companies that employ more than ten individuals. The CBA can govern aspects of the employment relationship, including remuneration and other wage- related entitlements such as: • minimum salary levels for different functions/posi - tions; • night work entitlements; • seniority; • performance; • holiday bonuses;
Unions are voluntary employee organisations estab - lished to protect the employees’ interests. A union may be formed by at least ten employees from the same employer, or by at least 20 employees from dif - ferent employers within the same collective bargaining sector. In order to obtain legal personality, a union must be formally registered with the competent courthouse. Once established, the union needs to be representa - tive within the employer in order to be considered a valid social dialogue partner. Specific conditions must be fulfilled for representativity: • having at least 35% of the employees formally affiliated to the union; • having financial and organisational independence; and • having the legal status of a union (ie, obtained legal personality). The union may either act for collective purposes (rep - resenting all the employees affiliated to the union) or engage in individual cases. Collectively, a union can act on behalf of employees by running negotiations (for example, for concluding the collective bargain - ing agreement), mediation and arbitration procedures, petitions, protests, demonstrations and/or strikes. With respect to individual cases, the union has the right to take any action on behalf of its members, if requested. The union has the right to establish its own regula - tions, freely elect its representatives, organise its man - agement and activities, initiate programmes, etc. Romanian legislation provides specific information and consultation rights for representative unions. 6.2 Employee Representative Bodies Within entities that have at least ten employees and where the employees are not otherwise unionised,
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