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The obligation to initiate negotiation of collective labor contracts and addenda to collective labor contracts for the implementation of GEO 79 / 2017

21 November 2017 / Written by Iulian Patrascanu / Print article

We inform you that on November 16, 2017, the Official Gazette no. 902, Part I, has published the Government Emergency Ordinance no. 82 amending and supplementing certain regulations (“GEO 82”).

The main changes brought by GEO 82 refer to the obligation to initiate negotiation of collective labour contracts and addenda to collective labor contracts, for the implementation of GEO 79 / 2017, which implies certain fiscal amendments.

1.New Obligations

According to GEO 82, the employers have to comply with the following provisions:

  1. Initiate negotiations, in the case of companies which do not have such contracts / agreements, irrespective of number of employees.
  2. Initiate negotiations in order to conclude addenda to collective labor agreements in force at the date of entry into force of the GEO 82.

2.Representativeness

Regarding the representation of employees, GEO 82 provides for the extension of employee representation, as shown below:

  1. The trade union, if it is not representative, has the possibility, at its own discretion, to involve in negotiations representatives of a trade union federation.
  2. In the absence of a trade union, the representatives of the employees may involve in the negotiations a representative of a representative federation in the sector of activity or of a representative trade union confederation at national level.

3.Limited applicability over time

GEO 82 has a limited applicability over time, more specifically it will be applied between November 20 and December 20, 2017.

 

 

The above information should not be construed as legal advice on a matter which your company is seeking resolution. You should seek tailored advice of legal counsel before acting upon any information provided in the above article. For any additional information and/or questions, you can reach us at This email address is being protected from spambots. You need JavaScript enabled to view it.   

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