Government Emergency Ordinance no. 82/2017 for amending and completing some legislative acts

On 16 November 2017 the Romanian Official Gazette published Government Emergency Ordinance no. 82/2017 (”GEO 82/2017”) for amending and completing some legislative acts. This provision requires employers to enter into collective negotiations about the implementation of Government Emergency Ordinance no. 79/2017 (”GEO 79/2017”) that amends and completes Law no. 227/2015 regarding the Tax Code.

GEO 82 derogates the provisions of the Law of Social Dialogue no. 62/2011 that requires employers to enter collective negotiations regardless the number of employees of a unit. Thus, under the new legislation:

  • if there is no agreement or collective bargaining agreement concluded, the parties must enter collective negotiations about implementing the provisions of OUG 79;
  • if there was an agreement or collective bargaining agreement concluded, GEO 79 requires the parties to enter into the collective negotiations about implementing the new law that would amend the existing collective bargaining agreement.

There is only an obligation to enter into collective negotiations, not an obligation for the employers to reach an agreement following the collective negotiations.

According to the GEO 82, in the absence of a trade union representative for the activity area of the company, negotiations of collective arrangements or collective bargaining agreements or amendments to those agreements may use representatives of a federal trade union, according to the mandate of the trade union, together with representatives of the employees.

At the same time, if there is no trade union to the negotiation of collective arrangements or collective bargaining agreements or additional acts, then representatives of the employees, together with a representative of a federation in the area of activity or of a national trade union confederation representative, at the invitation of employee’s representatives, may take part in the negotiations. According to GEO 82, collective negotiations apply to every employer between 20 November to 20 December with the participation of trade union or of the employee representatives, as mentioned above.

The new legal provisions of GEO 82 are vague, and there isn’t an express provision about the object of the collective negotiations. Also, although there are established obligations for employers, GEO 82 doesn’t provide express sanctions for non-compliance.

Stratulat Albulescu - Attorneys at law