Stiri	Stiri afaceri	Stiri companii	Evenimente de afaceri

National Collective Contract removed from latest draft of Romanian Labor Code

Every mention of the single national collective labor contract has been struck from the latest draft of Romania's Labor Code, which will be discussed Friday by Prime Minister Emil Boc, Labor Minister Ioan Botis and the major labor unions.

The latest draft of the new Labor Code has repealed articles 238-247 from the current Code, all of which refer to collective labor contracts.

Article 238 of the current Code says the rights granted to employees through individual contracts cannot be weaker than those provided through collective work contracts.

Article 239 says the collective work contract applies to every employee, irrespective of the length of their employment or their affiliation with a labor organization.

Article 240 says collective work contracts can cover employers, industries and the country, as well as groups of employers. Article 241 explains the subject of each of these levels.

Article 242 says a collective work contract is valid for at least 12 months, or indefinitely.

Article 243 says observance of a collective work contract is mandatory for all parties.

Article 244 says the clauses of a collective work contract may be amended during its run, in accordance with the law, any time the parties are in agreement.

Article 245 says the collective work contract is terminated when its validity expires or upon completion of the project for which it was signed, unless the parties agree to extend it, upon the employer's dissolution, or with the parties' consent.

Article 246 says the contract's effects may be suspended if the parties agree to do so, or in cases of force majeure.

Article 247 says that if there is no collective work contract to cover an employer, group of employers or industry, the higher-level contract shall apply.

This latest draft of the Code also repeals article 290 of the current Code, regarding the work conflict resolution procedure, which shall be the subject of a specific law.

The labor unions oppose eliminating collective work contracts from the Code, arguing that terms such as working hours, conditions and minimum wage shall be abolished and workers might end up being paid less than they are worth.

Romanian Probationary Employment Period No Longer Than 90 Days

The probationary employment period will be no longer than 90 calendar days, for both regular and management positions, and an employer will be allowed to have several people on trial for the same job, but for no longer than one year in all, says the latest draft of Romania's Labor Code.

According to the document the length of the probationary period is decided when signing the individual work contract. The period cannot be longer than 30 days in the case of employees with a disability.

During the trial period, the contract can be terminated in writing, by any of the parties. The employee enjoys every right and has every obligation provided by labor legislation while on probation.

The draft code also says night-shift employees may opt between a one-hour shorter schedule on days with at least three hours of work during the night, or a salary bonus of at least 25% for each hour of night work.

Romania's five labor union confederations announced they will discuss protest action on Monday, dissatisfied with the amendments to the Labor Code, which they say are unfair to employees.

Sursa: http://www.actmedia.eu

Tags: article collective labor contract parties period contracts latest which draft