The law of social dialogue
Social dialogue
Importanța organizării ca structură patronală (față de asociațiile profesionale) rezidă în faptul că potrivit legii dialogului social, organizațiile patronale și sindicale reprezentative din România sunt singurele cărora li se garantează prin lege consultarea de către autorități publice (Guvern, Parlament etc.) în procesul de elaborare a actelor normative și legislative.
As for the social dimension of dialogue, it includes all types of negotiation, consultation and simple exchange of information between representatives of public authorities, employers and employees, regarding issues of common interest related to labor legislation, economic and social policy. It can exist as a tripartite process, with the authorities as a formal part of the dialogue, or it can consist of in bipartite relations between unions and employers.
The main purpose of social dialogue is to promote consensus building and democratic engagement among parties in the world of work. Successful social dialogue processes have the potential to solve important economic and social problems, encourage good governance, promote social peace and stability, and stimulate economic progress.
Social dialogue partners (trade unions/employers' organizations) are the ones entitled by law to take part in collective negotiations leading to the signing of a collective labor contract.
CPBR is the only representative employers' organization at the level of the Banking Sector, representing approximately 50% of the entire banking sector in terms of number of employees. The Banking Sector had approximately 47,000 employees at the level of April 2024. As a result of this representativeness, CPBR is the only entity legally entitled on the employer's side to take part in the social dialogue at the level of the Banking Sector.
The main topics that fall under the Social Dialogue umbrella
The current legislative context governing the Social Dialogue
Law no. 367/2022 on social dialogue (LDS)
Law no. 367/2022 on social dialogue (LDS)
Social Dialogue partners involved
The main topics that fall under the Social Dialogue umbrella
- negotiation of collective labor contracts (at different levels);
- involvement in discussions with public authorities in social dialogue issues;
- representing members' interests before public authorities, including in Social Dialogue structures such as the Economic and Social Council (CES) or Social Dialogue Commissions;
- conclusion of agreements or other treaties in relation to the authorities and unions;
- consultare obligatorie a structurilor reprezentative patronale înainte de emiterea unui act normativ (ordonanțe, legi, hotărâri de guvern etc).
The current legislative context governing the Social Dialogue
Law no. 367/2022 on social dialogue (LDS)
Law no. 367/2022 on social dialogue (LDS)
The new LDS defines a new framework for social dialogue both at the unit level and at the sectoral level, imposing the obligation of collective bargaining at these two levels of negotiation.
Collective bargaining is mandatory at the level of units that have at least 10 employees/workers (Law 62/2011 provided for a number of 21 employees).
Noua LDS a declanșat o remodelare a sectoarelor de activitate din România, sectorul bancar devenind astfel un sector de sine stătător (40. „Activități Bancare”).
Unions are becoming easier to form, either with a small number of employees from one company (minimum 10) or with employees from different units (minimum 20).
Lowers the threshold required to obtain the representativeness of trade union organizations (5% at sector level, respectively 35% at unit level), which can lead to the establishment of more
union organizations with which there will be an obligation to negotiate a CCM at unit or activity sector level.
Broadening the framework of information and consultation: the obligation to invite the representative union to the work of the board of directors, the organization of a public information session.
Social Dialogue partners involved
- at the company level – the employer and the unions or employee representatives, in the latter case only in the situation where there are NO unions;
- at sectoral level – Organizations/Employer Federations and representative Trade Union Federations;
- at the national level – representative Employer and Trade Union Confederations.
- negotiation of collective labor contracts (at different levels);
- involvement in discussions with public authorities in social dialogue issues;
- representing members' interests before public authorities, including in Social Dialogue structures such as the Economic and Social Council (CES) or Social Dialogue Commissions;
- conclusion of agreements or other treaties in relation to the authorities and unions;
- consultare obligatorie a structurilor reprezentative patronale înainte de emiterea unui act normativ (ordonanțe, legi, hotărâri de guvern etc).
The new LDS defines a new framework for social dialogue both at the unit level and at the sectoral level, imposing the obligation of collective bargaining at these two levels of negotiation.
Collective bargaining is mandatory at the level of units that have at least 10 employees/workers (Law 62/2011 provided for a number of 21 employees).
The new LDS triggered a reshaping of the activity sectors in Romania, the Banking Sector thus becoming an independent sector.
Unions are becoming easier to form, either with a small number of employees from one company (minimum 10) or with employees from different units (minimum 20).
Lowers the threshold required to obtain the representativeness of trade union organizations (5% at sector level, respectively 35% at unit level), which can lead to the establishment of more
union organizations with which there will be an obligation to negotiate a CCM at unit or activity sector level.
Broadening the framework of information and consultation: the obligation to invite the representative union to the work of the board of directors, the organization of a public information session.
- at the company level – the employer and the unions or employee representatives, in the latter case only in the situation where there are NO unions;
- at sectoral level – Organizations/Employer Federations and representative Trade Union Federations;
- at the national level – representative Employer and Trade Union Confederations.
Collective labor agreement (CCM)
Collective labor agreements can be negotiated at the unit level, at the unit group level, at the collective bargaining sector level and at the national level.
The clauses of collective labor contracts can establish rights and obligations only within the limits and under the conditions provided by law. When concluding collective labor contracts, the legal provisions regarding the rights of employees/workers are minimal.
The collective labor contract is concluded for a fixed period, which cannot be less than 12 months and more than 24 months.
Collective labor agreements apply from the date of their registration with the competent authority or from a later date, according to the agreement of the parties.
CPBR is the only employers' organization in the private sector that in recent years has signed Contracts and Collective Labor Agreements, through negotiations with the relevant trade union federations in the bargaining sector.
The existence of a Collective Labor Agreement at the level of a group of companies or a negotiation sector is important because it allows, beyond the national legal provisions, the establishment of a structured framework specific to the area of activity, for the dialogue between employees and employers and thus contributing to the stability and predictability of relations for work.