The collective labour agreement is an essential tool for establishing fair working conditions and regulating the relationship between employers and employees. In Romania, Law no. 367/2022 on social dialogue sets clear rules regarding the negotiation and conclusion of these agreements.
Registration with the Territorial Labour Inspectorate (ITM) involves fulfilling specific requirements, and failure to meet them may lead to administrative blockages or even sanctions.
Essential Rules for Negotiating and Concluding Collective Labour Agreements
According to Article 97 of Law no. 367/2022, collective bargaining is both a right and an obligation for units with at least 10 employees. The initiative may come from any social partner, be it the employer, trade union, or employee representatives. This process must be initiated at least 60 days before the current collective agreement or any additional acts expire.
An important aspect is the negotiation period, which is limited to 45 days, with the possibility of extension by mutual agreement. This deadline requires careful planning of discussions and active cooperation between the employer and employee representatives to avoid delays or deadlocks in implementing new contractual conditions.
Collective agreements may include provisions for the periodic renegotiation of certain clauses, ensuring flexibility and the ability to adapt to economic and legislative changes. This allows the parties to maintain a balance between their interests and avoid long-term labour conflicts.
The Procedure for Registering Collective Agreements with the Labour Inspectorate
For a collective labour agreement to be valid and have legal effect for all involved parties, it must be registered with the ITM. The registration process requires submitting a file confirming both compliance with the negotiation procedure and the representativeness of the signatories.
In short, the required documents include the original signed agreement, proof of convening the parties for negotiation, authorisations of the negotiators, proof of representativeness of the parties, and the minutes reflecting the negotiation proceedings.
Fulfilling these requirements is crucial to avoid the ITM refusing to register the agreement. Any omission or missing document may delay the implementation of the negotiated provisions, potentially generating tensions between employer and employees.
Conclusion
Collective labour agreements are a fundamental instrument for ensuring fair and balanced labour relations. Complying with legal obligations concerning the negotiation, signing, and registration of these agreements with the ITM is not merely a formality, but a vital process for organisational stability and employee rights protection.
Given the complexity of the procedures and the importance of these agreements, it is advisable for employers and employee representatives to consult labour law specialists to avoid potential difficulties and ensure compliance with current legal provisions.
To avoid administrative issues and ensure that the documentation is complete and compliant with ITM requirements, our specialists can offer consultancy and support in drafting all necessary documents.