1 / 11

Corinne Vargha ( vargha@ilo ) Industrial and Employment Relations Department

Labour Law Reform in Romania: Review of selected issues. Corinne Vargha ( vargha@ilo.org ) Industrial and Employment Relations Department International Labour Office Geneva. Laws affected by the reform. Revised Law 53/2003 – Labour code

nero
Download Presentation

Corinne Vargha ( vargha@ilo ) Industrial and Employment Relations Department

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Labour Law Reform in Romania: Review of selected issues Corinne Vargha (vargha@ilo.org) Industrial and Employment Relations Department International Labour Office Geneva

  2. Laws affected by the reform Revised Law 53/2003 – Labour code Adopted through a special procedure (art 114 Const) engaging GVT responsability Under revision DRAFT LAW ON SOCIAL DIALOGUE • Law 54/2003 on unions • Law 356/2001 on employers • Law 109/1997 on the organisation & functionning of ESC • Law 130/1999 regarding collective labour contracts • Law 168/1999 regarding the settlement of labour disputes

  3. Objective pursed • A more flexible labour market • Harmonization with EU Directives • Attracting FDI

  4. “Non national” sources of policy advice • European Commission-IMF • ILO – at the union request • American Chamber of Commerce

  5. Labour code reform: Key issues Contracts of employment • Fixedtermcontract: total durationextendedfrom 24 to 36 months but keptlimits on number of renewals • TAW:elimination of restrictions in line with Directive 2008/104/EC Dismissals • Criteria for determiningorder of redundancy(1. worker's performance; 2. social criteria) • Deletion of interdiction to hireduring a period of 9 monthsafter collective dismissals but priorityre-hiring of redundantworkersmaintained for a period of 45 days

  6. Labour code reform: Key issues Work sharing schemes(partial excecution of contracts) • Provided for by LC subject to consultation with social partners Burden of proof • Principle of reversing the burden of proof in labour disputespreserved – key element of protection against discrimination & implementation of core ILS (C87-98-111)

  7. Labour code reform: Key issues Collective labour relations Role of elected workers' representatives: extended to CB where there are no TU rep. ILO: Should not undermine position of TU rep Provisions regulating CB All articles regulating content/duration/coverage of CBA have been deleted & will be subject to a new law CBAs can only be signed for a period until Dec 2011

  8. DRAFT LAW ON SOCIAL DIALOGUE: Key issues Conditions for being a representative TU for CB purposes • Now: 1/3 of workers • Tabled by GVT: • 50% + 1 workers/enterprise of 20 workers OR • 30% enterpriselevel + TU shouldbelong to MRS atbranchlevel OR • Electedworkers' representative ILO anticipatesthatcriteriamightbedifficult to reach --> for all intend and purpose, CB willtake place primarilywithworkers' rep & not TU rep

  9. DRAFT LAW ON SOCIAL DIALOGUE: Key issues Coverage of Branch level CBAs • Now: Erga omnes effect • Tabled by GVT: Erga omnes effect ONLY IF over 50% of the workers are represented by the signatory unions

  10. DRAFT LAW ON SOCIAL DIALOGUE: Key issues • Wage negociation in the public sector to take place within limits that are not subject to negociations • ILO: In compliance with C98-C154 (ratified by Romania) on the condition that: • unions are involved in the determination of the upper & lower limits on budgetary package available • Significant role is left to CB

  11. Other European experiences • GREECE: • restriction on free CB of wages should be imposed only as an exceptional measure • Interruption of already negotiated CBAs is not in compliance with C98 • Facilitation of opt-outs clauses 2. SPAIN: facilitation of opt-out clauses and large LL reform 3. Slovakia, Czech Republic, Russia embarked on LL reform with somewhat similar agenda: request for consultation with the ILO

More Related