The minimum legal duration of a collective agreement is 12 months and the maximum legal duration is two years, but can be extended by mutual agreement for a further 12 months. Employers at company level should start negotiations at least 45 days before the expiry of the existing agreement and these should not last more than 60 days, unless agreed. Negotiations usually take place at the end of one calendar year and the beginning of the following year. By signing a revised Memorandum of Understanding, the Parties agree to take the necessary steps to implement the applicable changes that will occur once an Agreement on the Employee Wellness Support Program (ISP) has been reached. Currently, collective agreements can be negotiated at branch level, at company/organisation level and for groups of companies. The legislation also provided for negotiations at the national level. However, the agreements at national level that were the most important to set minimum conditions and covered all Romanian workers were abolished in a new law on social dialogue adopted in 2011. NRC is required to maintain a research and scientific integrity policy and procedures in consultation with CPSIP representatives. These guidelines must take into account the principles/guidelines set out above, including the right to public expression set out in the collective agreement. In addition to collective bargaining between employers and trade unions, there are also structures at the national level in which trade unions are represented. The 2011 Social Dialogue Act changed the composition of the Economic and Social Council, the ESC, which was previously a tripartite body comprising trade unions, employers and the government.
It now includes representatives of civil society, not the government, and must be consulted on financial, economic, social and health legislation. The new tripartite body is the National Tripartite Council for Social Dialogue, the CNTDS, whose task is to discuss the minimum wage and negotiate possible social pacts. The purpose of this memorandum is to promulgate the agreement between National Research Canada and the Professional Institute of the Public Service of Canada on the verification of the wording of the RO/RCO collective agreement. In cases where the union is strong – usually large companies and often those with continued state participation – these agreements have led to significant improvements over the national agreement. However, there are a large number of companies whose agreements are essentially formal in nature and have not improved national minimum rules in the past. It remains to be seen how the negotiations will evolve after the abolition of the national agreement. In addition, companies with fewer than 21 employees – a significant proportion in Romania – are not and generally do not have to. 38.01 The term of this collective agreement begins to run from the date of its signature until July 19, 2022 and, unless expressly provided otherwise, the provisions of this collective agreement come into force on the date of its signature.
The Joint Committee agrees to start its work in 2020 and will endeavour to complete the review by December 2021. These time limits may be extended by mutual agreement. The rules that define what a collective agreement should cover have been abolished by the new Social Dialogue Act, and it remains to be seen how this will develop in practice. 15.01 The Parties to this Agreement recognize that it is the Policy of the Council to operate its institutions and programs in a flexible and adaptable manner, consistent with an environment conducive to sometimes variable activities related to research, technological development and industrial support. The parties will attempt to maintain a work environment that allows each employee to adjust their working hours to meet the needs of the Commission`s programs. Large parts of the economy were covered by industrial agreements, and major changes were also made at this level. In particular, inter-trade agreements are binding on the whole sector only if the employers` organisations which sign them employ more than half of the workers in the sector concerned and if the extension has been requested by the signatories and approved by the National Tripartite Council. If this is not the case, they are treated as agreements for a group of companies and apply only to companies belonging to the organizations that have signed them. The new Law on Social Dialogue also stipulates that agreements at a lower level must not contain clauses providing for worse conditions than those negotiated at a higher level. 28.02 The elements of the NJC that may be included in a collective agreement are those elements designated as such by the parties to the NJC agreements or on which the Chair of the Public Service Labour Relations Board has made a decision under paragraph (c) of the NJC Memorandum of Understanding, which entered into force on 6 December 1978.
Both sides are committed to and support gender neutrality and inclusion. To this end, the Parties undertake to establish, during the duration of the above-mentioned collective agreements, a joint committee to review collective agreements in order to identify ways of making the language more gender-specific. The parties agree that language changes will not result in changes in application, scope or value. The system was fundamentally changed by a law passed in 2011 and collective bargaining at the national level, which previously set minimum wages and conditions for the entire economy, was abolished. There are also new rules for negotiations at industry and company level, which has weakened the position of the unions. 8.01 The Council recognizes the right of the professional institute to appoint stewards from among its employees. The Council and the Professional Institute shall determine, by mutual agreement, the geographical area of responsibility of each trade union delegate, taking into account the organisational plan and the distribution of workers at the workplace. 6.02 Topics that may be identified as appropriate for joint consultation shall be determined by mutual agreement between the Parties and shall include career development consultations, workshops and conferences. The MOU is part of the NRC–RO/RCO Collective Agreement, which expires in 2022 on the above dates. 28.01 Subject to section 1.3 of Annex “E” to the Rules of Procedure of the National Joint Council, agreements concluded by the National Joint Council for the Civil Service on matters which may be included in a collective agreement and which the parties to that agreement have approved after 6 December 1978 shall form part of that collective agreement, subject to the Public Service Industrial Relations Act (PSLRA) and any legislation of Parliament that was or may be devoid of purpose, as the case may be, determined in accordance with an Act referred to in paragraph 113(b) of the PSLRA.
30.03 If a stage of the appeal procedure is lifted on the basis of Article 30.02, no other stage may be lifted unless by mutual agreement. 6.07 Joint advisory committees are prohibited from agreeing on matters that would amend any provision of this collective agreement. The transposition and application of this Directive shall not fall within the scope of this Agreement or the collective agreement. 5.01 The Parties agree that in the event of a dispute arising from the interpretation of any clause or article of this Agreement, it is desirable that the Parties meet within a reasonable time and attempt to resolve the matter. .
