Employment Flash News No. 2/2016

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Amendments to Social Dialogue Law

Law no. 1/2016 for the amendment and completion of Law no. 62/2011 on social dialogue was published within the Official Gazette no. 26 from January 14, 2016.

The main amendments refer to :
• Industry
According to the new legal provisions, the industries are divisions of national economy and they are established by the National Tripartite Council and approved through Government Ordinance.

• Trade union subscription
Trade unions, with their members’ approval, have the possibility to request the employer to retain and transfer the trade union subscription on payroll.

• Affiliation
The new legal provisions expressly regulate the possibility of a trade union to be affiliated at national level to only one union federation. In addition, a union federation can be affiliated at national level to only one union confederation.

Similarly, the new legal provisions expressly regulate the possibility of an employer to be affiliated at national level to only one employers’ federation. In addition, an employers’ federation can be affiliated at national level to only one employers’ confederation.

• The parties of the collective bargaining agreement
According to the new legal provisions the parties of the collective bargaining agreement are the employer or the employers’ organization and the employees, through trade unions.

• The parties’ representation at collective bargaining
According to the new legal provisions, at company level the employees are represented by the legally established and representative trade unions. In case the trade union does not meet the representation requirement, representation will be provided by the union federation to which the trade union is affiliated, under the condition that the union federation is representative within the industry the company is part of. In case the employees did not establish a trade union, the employees will be represented by elected employee representatives.

Moreover, employers or employers’ organizations will be represented within the collective bargaining at group level by the legally established and representative employers’ organisations.

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