The new labor legislation - More flexibility for companies? Mihai Anghel.
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Transcript of The new labor legislation - More flexibility for companies? Mihai Anghel.
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The new labor legislation - More flexibility for companies?
Mihai Anghel
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Part I Labor Code Amendments
Part II New Social Dialogue Legislation
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Part ILabor Code Amendments
Advantages and disadvantages for employers: problems, solutions, opportunities
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-I-
INDIVIDUAL EMPLOYMENT CONTRACT
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PROBATION PERIOD90 calendar days execution positions120 calendar days management positions
Written notificationNo prior noticeNo motivation
Maximum 12 monthsMore than 3 persons may be employed on the same position with a probation period
Repealed
FLEXIBILIZATION
Extension of the probation period
Termination of the employment contract during the probation period
Consecutive hiring during the probation periodInterdiction of using the probation period in case the employer was not previously informed
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5 days / week 4 days / weekProportional reduction of the salaryREDUCTION OF THE WORK PROGRAMME
TEMPORARY REDUCTION OF THE ACTIVITYPRIOR CONSULTATION of the representative union/employees representatives> 30 working days
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TERMINATION OF THE EMPLOYMENT CONTRACT
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COLLECTIVE DISMISSALSFOLLOWING the performance evaluation of the employees based on the PERFORMANCE CRITERIA/OBJECTIVESRehiring with priority the dismissed employeeCriteria for establishing the order of the employees dismissals shall applyPosition re-created within the same line of activity45 calendar days from the date of dismissalInformation of the relevant employeesEmployees have a 5 calendar days limit to respondHiring other persons in case of refusal or in the absence of a timely answer
NOT APPLICABLE TOPUBLIC AUTHORITIES AND INSTITUTIONS
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-II-
FIXED-TERM INDIVIDUAL EMPLOYMENT CONTRACT
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Maximum 36 months
With the parties approvalFor the duration of a project, program or undertakingIncrease and/or temporary modifications of the activitys structureFor performing works, projects or programs
Fixed-term contracts concluded within 3 months from the termination of another fixed-term contractMaximum duration of 12 months/each consecutive contractMaximum 3 consecutive contracts concluded between the same partiesFLEXIBILIZATIONDURATION PROLONGATION
NEW CASES OF APPLICATION CONSECUTIVE CONTRACTSFIXED-TERM INDIVIDUAL EMPLOYMENT CONTRACT
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Part II New Social Dialogue Legislation:
Are collective negotiations still mandatory?
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COLLECTIVE NEGOTIATIONS
COMPANY LEVEL
GROUP OF COMPANIES
ACTIVITY SECTOR
AMENDMENTSLEVELS OF NEGOTATIONNATIONAL COLLECTIVE LABOR AGREEMENT
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COLLECTIVE NEGOTIATIONS
ARE MANDATORY
COMPANIES with at least 21 employeesCONCLUDING a collective labor agreement is not mandatory !
ONLY FOR
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EMPLOYERorEMPLOYERS ORGANISATIONCOLLECTIVE NEGOTIATIONS
NEGOTIATIONS INITIATIVEFINE RON 5.000 10.000 (i.e. EUR 1163 EUR 2326) THE COMPANYS OWN INITIATIVEUPON THE REQUEST OF45 CALENDAR DAYS
PRIOR TO: The expiration of the collective labor agreements
The expiration of the applicability period of the clauses stipulated within the additional acts to the collective labor agreementsThe representative unionThe employees representatives
10 CALENDAR DAYS
OR
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Legal status as union
Patrimonial and organisational independence
Members 50% + 1 of the companys total number of employees
Collective negotiations shall be held with the UNION FEDERATIONand EMPLOYEES REPRESENTATIVESNON-AFFILIATED UNION / NON-EXISTENT
NON-REPRESENTATIVE UNION
COLLECTIVE NEGOTIATIONS
COMPANY COLLECTIVE LABOR AGREEMENT
REPRESENTATIVE UNION
BUT affiliated to a union federation representative at activity sector level
Collective negotiations shall be held with the EMPLOYEES REPRESENTATIVES
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COLLECTIVE NEGOTIATIONS
COLLECTIVE LABOR AGREEMENT CONCLUDED AT ACTIVITY SECTOR LEVELLegal status as union federation
Patrimonial and organisational independence
Members at least 7% of the total number of employees from the respective activity sector
EFFECTS
it shall be applicable to all employees from the companies forming the respective activity sector and WHICH ARE PART OF the employers organizations which have executed the collective labor agreement
REPRESENTATIVEUNION
APPLICABILITY OF A CERTAIN ACTIVITY SECTOR
MAIN SCOPE OF BUSINESSRegistered with the Trade Registry(CAEN Code)
Legal status as employers federation
Patrimonial and organisational independence
Members companies with at least 10% of the total number of employees from the respective activity sector
REPRESENTATIVE EMPLOYERS
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COLLECTIVE NEGOTIATIONS
COLLECTIVE LABOR AGREEMENT CONCLUDED AT GROUP OF COMPANIES LEVELLegal status as union federation
Patrimonial and organisational independence
Members at least 7% of the total number of employees from the respective group of companies
EFFECTS
it is applicable to all employees from the companies PART OF the group of companies for which the collective labor agreement was concluded
REPRESENTATIVE UNION
With the same scope of business, as per the CAEN Code
Voluntarily constituted as per the law
COMPANIES
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COLLECTIVE NEGOTIATIONS
DURATION OF THE COLLECTIVE LABOR AGREEMENT
DETERMINEDMINIMUM : 12 MONTHSMAXIMUM: 24 MONTHSPROLONGATION PERIODMAXIMUM: 12 MONTHS
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COLLECTIVE NEGOTIATIONS
REGISTRATION OF THE COLLECTIVE LABOR AGREEMENTCOMPANY COLLECTIVE LABOR AGREEMENTTERRITORIAL LABOR INSPECTORATETHE MINISTRY OF LABOR, FAMILY AND SOCIAL PROTECTIONCOLLECTIVE LABOR AGREEMENT CONCLUDED AT GROUP OF COMPANIES/ACTIVITY SECTOR LEVEL
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QUESTIONS?
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THANK YOU FOR YOUR ATTENTION