• Emergency Ordinance No. 42/2023

Emergency Ordinance No. 42/2023

The Emergency Ordinance no. 42 published in the Official Gazette no. 459 of May 25, 2023 amending and supplementing Law no. 367/2022 on Social Dialogue and Law no. 53/2003 – Labour Code, brings the following clarifications:

Comment: This Emergency Ordinance amends Law no. 367/2022 on Social Dialogue, and brings several amendments/supplements among which we list:

  • No person can be forced to join or not, to affiliate with or not, to withdraw or not from a trade union organisation.
  • In all collective employment contracts concluded at a collective bargaining sector or national level are included specific clauses for each category of small and medium-sized enterprises, hereinafter referred to as SMEs, defined in accordance with Law 346/2044 on stimulating the establishment and development of small and medium enterprises, as subsequently amended, and supplemented. If in the collective employment contract, concluded at collective bargaining sector or national level. Are not introduced any specific clauses for each category of SMEs, the small and medium-sized enterprises are not obliged to apply the respective collective employment contract.
  • Collective employment contracts/agreements concluded for employees/workers in the budgetary system cannot negotiate or include clauses relating to salary rights whose granting and amount are provided for by the legislation in force for the respective category of personnel.
  • During the validity of a contract or collective employment contract, the employees/workers cannot initiate a collective labour dispute at the respective bargaining level, except in situations provided for by law.
  • The unjustified refusal of the signatory parties to register collective employment contracts is punishable by a fine of 5,000 lei to 10,000 lei for each party that refuses registration.
  • Violation of the clause regarding the prohibition of intervention by public authorities, the employers, and their organisations in the election of employee/workers representatives or in preventing the conduct of these elections is punishable by a fine of 30,000 lei to 50,000 lei.

The amendments/supplements made by this normative act to Law no. 53/2003 – Labour Code, concern:

  • During the carer’s leave employees are entitled to paid days off, which are not included in the annual rest leave and constitute seniority in work and in the specialty.
  • Collective bargaining at unit level is mandatory unless the employer has less than 10 employees.
  • To promote the amicable and speedy settlement of individual labour disputes, at the conclusion of an individual employment contract or during its performance, the parties may include a clause stating that any individual labour dispute shall be settled amicably by conciliation.
  • Cases relating to individual labour disputes and collective labour disputes are settled in the first instance by the court. Requests relating to the aforementioned cases shall be addressed to the court in whose district the plaintiff has their domicile, residence or place of work or, as the case may be, the headquarters. If the Civil Procedure Code conditions for joint participation in the proceedings are met, the request may be submitted to the competent court for either of the plaintiffs.
  • The term of appeal is 10 days from the date of communication of the decision. The decisions of the court of first instance are subject only to appeal.
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