What is the collective labor agreement in Romania?
The collective labor agreement is a written agreement between the employer or employer organization, on one hand, and employees, who are represented by trade unions or in another manner provided by law, on the other hand. According to Article 229, paragraph (1) of the Labor Code, this contract establishes the clauses regarding working conditions, salaries, as well as other rights and obligations arising from employment relationships.
From the definition, it follows that this contract has a mixed legal nature because, on one hand, it is a bilateral legal act that generates reciprocal rights and obligations, having a commutative character. On the other hand, it also has a normative character, constituting a source of law applicable and enforceable even to employees who are not union members or who are not represented in the negotiation and signing of the contract. Thus, the collective labor agreement applies to all employees in the unit, regardless of their hiring date or their affiliation with a trade union.
Regarding the content of collective labor agreements in Romania, it should be noted that these contracts can establish rights and obligations only within the limits and conditions provided by law. Although Article 229, paragraph (3) of the Labor Code states that during the negotiation of clauses and the conclusion of collective labor agreements, the parties are equal and free, legal regulations concerning employees’ rights represent a minimum standard. Therefore, it is not allowed to establish a lower level of wage rights than that provided by law or by a higher-level collective labor agreement. In other words, the rights conferred by law on employees cannot be negotiated, meaning there is no option to choose whether or not to grant them. The sanction for non-compliance with this provision is nullity. Thus, until a court declares the nullity of the negotiated clauses that violate these provisions and renegotiates them, they are replaced by the more favorable legal provisions existing in the law or the applicable higher-level collective labor agreement.
Regarding the duration of the collective labor agreement in Romania, it should be mentioned that it can be concluded for a minimum period of 12 months and a maximum of 24 months, except in cases where the contract is concluded for the duration of a specific work project.
During this period, the clauses of the collective labor agreement can be renegotiated or modified at any time through an additional act, whenever the parties entitled to negotiate the collective labor agreement agree on this matter.
After the conclusion of the collective labor agreement in Romania, it must be registered with the territorial labor inspectorate or, as the case may be, with the Ministry of Labor, in order to have binding force for all signatory parties and to be effective for all employees.
The collective labor agreement may terminate by mutual agreement of the parties, upon the expiration of its term or the completion of the work for which it was concluded, upon the date of the dissolution or judicial liquidation of the company, or upon the date when a court ruling declaring the total or partial nullity of the collective labor agreement becomes final.
Mandatory collective labor agreement 2025 in Romania
Law no. 367/2022 provides a detailed perspective on the negotiation of collective labor agreements and the rules governing this fundamental process in labor relations.
Article 97 stipulates the mandatory nature of collective bargaining at the level of companies with at least 10 employees/workers, as well as at the level of collective bargaining sectors. Regarding the initiative for collective bargaining, it can belong to any of the social partners.
If a collective labor agreement is in force, the initiator of collective bargaining may start negotiations at least 60 calendar days before the expiration of collective labor agreements or the period of applicability of the clauses in their associated additional acts, at the level of the company, group of companies, or collective bargaining sector. The negotiation may last a maximum of 45 days. This period can only be extended with the agreement of the parties.
Finally, it is also necessary to mention that the employer has the obligation to convene, within 15 calendar days from the start of the negotiation procedures, all parties entitled to initiate the negotiations of the collective labor agreement. According to Article 98 of Law no. 367/2022, the employer is also responsible for organizing the first negotiation meeting.
