Country Rating: 3

  • Regular violation of rights

  • Government and/or companies are regularly interfering in collective labour rights or are failling to fully guarantee important aspects of these rights. There are deficiencies in laws and/or certain practices which make frequent violations possible.

Priests do not have the right to freedom of association: In Sindacutul 'Pastorul Cel Bun' v. Romania [2013] ECHR 646 the European Court of Human Rights overruled an earlier decision of the Third Section in favour of the Romanian government with respect to the refusal to register a trade union established by priests. The Archdiocese is opposed to registration arguing the union's constitution was incompatible with the duties accepted by priests. The Grand Chamber recognised there was interference in the right to freedom of association but considered this interference necessary and proportionate with respect to the protection of Article 9. It was held that in refusing to register the union, "the State was simply declining to become involved in the organisation and operation of the Romanian Orthodox Church, thereby observing its duty of neutrality under Article 9 of the Convention".

Metrotex refuses to bargain: In April 2013, Metrotex management refused to negotiate a new collective agreement with the Free Trade Union of Metro and Aviation Workers (USLMA). The existing collective agreement expired in March 2013.

SC Erdemir Romania dismissed 10 workers who took part in the protest organised to ask for better working conditions within the framework of collective negotiation between 5 and 7 February 2013. The court ruled in favour of the employees and ordered the reinstatement of the workers which has been appealed by the employer. SC Energy Complex Oltenia decided to stop collecting and remitting union dues to the National Federation of Mine and Energy despite an existing collective agreement on 5 July 2013. The Trial Court of Gorj ruled that this illegal and ordered the remittance of union dues. However, the company has refused to implement this ruling. The SC Nitroporos SRL (Fagaras) has not paid union dues to the Free Union "Nitramonia – Rompiro" for the period April 2011 to March 2013. The Brasov Court ruled in favour of the union on 14 February and ordered the company to pay RON205.091.

Moreover, Cartel ALFA reports the refusal of SC CARREFOUR ROMANIA SA to disclose the relevant and necessary information to the Unions in the framework of the collective bargaining during the period May 2013 to July 2013.

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