According to the current provisions (GOVERNMENT DECISION no.171/2023 – published in MO no.190 of 7 March 2023), 58 sectors of activity are established at the level of which collective labour agreements could be negotiated and concluded if the social dialogue partners fulfil the representativeness conditions.
Please note that the provisions of Government Decision 171/2023 will be in line with those of Law 367/2022 – the new Law on Social Dialogue.
According to Article 79 of Law 367/2022, at the sector level, an employers’ organisation must cumulatively fulfil a number of conditions to be representative, among them being that of having as members employers whose units comprise at least 10% of the workforce of the collective bargaining sector, with the exception of employees/workers in the budgetary sector.
Trade union organisations can be representative at sectoral level when they have a membership of at least 5% of the workforce in the collective bargaining sector.
At the same time, even in the case of sectors of activity, a collective agreement concluded at this level will not automatically produce effects for all employees in the sector concerned, and Law 367/2022 clearly provides for possible situations.
Therefore, a sectoral collective agreement will certainly produce effects for the employees of the units belonging to the representative employers’ organisation that signed that agreement and for the employees belonging to the representative and signatory trade union organisation.
In order to be applicable to the whole sector, Law 367/2022 establishes another minimum level, but not for trade unions, but for employers’ organisations.
According to Article 110 paragraph (4) “in the case where the number of employees/workers in the member units of the signatory employers’ organisations is more than 35% of the total number of employees/workers in the collective bargaining sector, the application of the collective labour agreement registered at the level of a collective bargaining sector may be extended to all units in the sector”.
If the above conditions are not met, the contract will apply to all employers in the collective bargaining sector who are members of the signatory employers’ organisations, or to employers or members of employers’ organisations who have subsequently joined the contract.
In the case of employers who did not participate in collective bargaining at collective bargaining sector level, but whose employees/workers were represented in collective bargaining by the signatory trade union organisations, they may accede to the sectoral collective agreement after its signature.
In the case of employers who have not participated in collective bargaining at sectoral collective bargaining level, but whose employees/workers have been represented in collective bargaining by the signatory trade union organisations, they may accede to the sectoral collective agreement after it has been signed.
The nationally negotiated collective labour agreement is registered at that level only if the number of employees/workers in the member units of the signatory employers’ organisations is more than 20% of the total number of employees/workers in the national economy, excluding employees in the budgetary system paid from public funds.
In addition to this condition, in order to become applicable to the entire sector of activity, the Government must adopt a decision to this effect, with the opinion of the National Tripartite Council.
Classification in collective bargaining sectors – procedure:
The Order of the Minister of Labour no.798/2023 on the procedure for the inclusion in the collective bargaining sectors of the units defined according to article 1 point 21 of the Law no. 367/2022 on social dialogue appeared in the Official Gazette no. 259 of 29 March 2023 and follows the decision which recently extended the number of collective bargaining sectors (from 30 to 58, to be precise).
As a matter of fact, the collective bargaining sector requested is valid for the period of validity of the collective labour agreement, i.e. from the date of registration of the request, and is automatically extended unless the employer concerned makes another request.
The option to be included in one sector or another shall be made by means of a request for inclusion (the model of which is attached to the order and which will also be published on the website of the Ministry of Labour) and which must be submitted by the representative of the establishment in letter format, at the Ministry’s registry office or sent by e-mail to cds@mmuncii.gov.ro, together with:
- a power of attorney signed by the employer/employer, if the person requesting publication is other than the legal representative of the employer/employer;
- a copy of the identity card of the legal representative of the employer/employer or, where applicable, of the person empowered by the employer/employer, as the case may be;
- copy of the registration certificate with the National Trade Register Office/tax registration certificate;
- copy of the Beneficiary’s memorandum or articles of association/statutes, showing the CAEN codes for the fields of economic activity provided for in Government Decision No 171/2023;
- declaration on own responsibility attesting the quality of legal representative of the employer/employer or, if applicable, of his authorized representative, if the above documents are sent by e-mail.
If the above-mentioned documents are sent by e-mail, the competent department, after verifying them, shall send the employer/employer the proof/link with the publication of the request, by e-mail, to the same e-mail address from which the documents were received, within five working days from the date of receipt of the request.
If the documents, sent by e-mail, are not correct or complete, the competent department shall send the employer/employer a request for their correction/completion by e-mail to the same e-mail address within five working days of receipt
[extract from Order MMSS 798/2023]
ANNEXE no. 1:REQEST
Catre,
Ministry of Labour and Social Solidarity
Identification data of the beneficiary:
Name …………………………………………………………………………………………………………………….
Name and surname of legal representative …………………………………………………………………
CUI/CIF ……………………………….. …..
County …………….., city ………………., district ……, street …………………… no. ….., bl. ….., unit , app. ….., postal code ………….., tel. …………………, e-mail ……………………………………………
CAEN code …………………………………………………..
Legitimate with C.I./B.I. series ….. no. ………….., legal representative, we authorise:
Name …………………………………………………………………………………………………………………..
First name …………………………………………………………………………………………………………….
Legitimized with C.I./B.I. series …….. no ……………., personal numeric code (CNP) …………………., to request the publication on the website of the Ministry of Labour and Social Solidarity of the option of inclusion of the unit in the collective bargaining sector no. …………, called …………………………………., according to the Government Decision no. 171/2023 on the establishment of collective bargaining sectors and their related CAEN codes.
NOTE:
Beneficiary through its legal representative or authorised representative (name, surname, forename, signature). In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data, the information on personal data contained in this document is confidential. It is intended solely for the person(s) named as recipient(s) and other persons authorised to receive it.
Legal basis:
– Order MMSS 798/2023 on the approval of the Procedure for inclusion in collective bargaining sectors of units defined according to Article 1 point 21 of Law 367/2022 on social dialogue;
– Law 367/2022 on social dialogue;
– GOVERNMENT DECISION 171/2023 on the establishment of collective bargaining sectors and their related CAEN codes.