Life satisfaction
Data source: 2016 EQLS survey
Ability to choose or change
methods of work
Data source: 2015 EWCS survey
Possibility to accumulate overtime
for days off
Data source: 2013 ECS survey
Living and working in Romania
20 May 2020
- Population: 19.4 million (2019)
- Real GDP growth: 4% (2018)
- Unemployment rate: 4.2% (2018)
Data source: Eurostat
Eurofound provides research, data and analysis on a wide range of social and work-related topics. This information is largely comparative, but also offers country-specific information for each of the 28 EU Member States, which included the UK prior to its withdrawal from the European Union on 31 January 2020. Most information is available in English but some has been translated to facilitate access at national level.
Eurofound strives to strengthen the ongoing link between its own work and national policy debates and priorities related to quality of life and work. Increasingly important in this context is the Europe 2020 growth and jobs strategy launched in 2010, which has five headline targets, covering employment through to social inclusion and poverty reduction. The strategy is implemented in the context of the European Semester process – the EU's annual cycle of economic policy guidance and surveillance – which ensures that Member States keep their budgetary and economic policies in line with their EU commitments through, in part, National Reform Programmes. These programmes form the basis for the European Commission's proposals for country-specific recommendations (CSRs) for each Member State.
European Commission: The European Semester
European Commission: The European Semester - EU country-specific recommendations
European Commission: European Semester documents for Romania
2015 Eurofound EWCS survey results in Romania: 73% of people receive the recognition they deserve for their work
Living and working in Romania and COVID-19
COVID-19 continues to have a profound impact on people’s lives across the globe, with major implications for quality of life and work. Eurofound has taken a multipronged response to the pandemic, adapting its research focus in a variety of ways. A new database of national-level policy responses, COVID-19 EU PolicyWatch, collates information on measures taken by government and social partners, as well as company practices, aiming to cushion the effects of the crisis. Eurofound launched an e-survey in early April, Living, working and COVID-19, to capture the immediate economic and social effects of the crisis across the European Union and beyond. The survey investigates the impact on well-being, work and telework and on the financial situation of people living in Europe. The first findings for each country, as well as a range of data pages are now available.
Explore our data pages by country to find out more on the situation in Romania.
The country page gives access to Eurofound's most recent survey data and news, directly related to Romania:
- Living in Romania - country-level data from the European Quality of Life Survey (EQLS)
- Working life in Romania - key characteristic of working life across a range of parameters.
Research carried out prior to 31 January 2020, and published subsequently, may include data relating to the 28 EU Member States. Following this date, research only takes into account the 27 EU Member States (EU28 minus the UK), unless specified otherwise.
Survey results
Recent developments
Eurofound contacts in Romania
Correspondents in Romania
Correspondents report on topics related to developments in the country's working life and inform Eurofound’s pan-European comparative analysis. Read more
Consortium European Institute of Romania (EIR) and Euractiv Network SRL
Eurofound Management Board members form Romania
Eurofound's Management Board is made up of representatives of the social partners and national governments of all Member States, European Commission representatives and an independent expert appointed by the European Parliament. Read more
Ioan Cristinel Raileanu Ministry of Labour, Family and Social Protection
Cristina Pasat General Union of Romanian Industrialists
Adrian Marin Democratic Trade Union Confederation of Romania
Living in Romania
Quality of life
Quality of life
Eurofound’s European Quality of Life Survey (EQLS) shows that the share of respondents reporting difficulties in making ends meet has decreased in Romania from 77% in 2003 to 66% in 2016. However, this is still significantly higher than the respective EU28 average of 39% in 2016.
The share of respondents reporting that they feel free to decide how to live their lives has decreased in Romania from 41% in 2011 to 33% in 2016. Nevertheless, the share is still higher than the EU average of 26% in 2016.
Other indicators shown below about quality of life in Romania have remained fairly stable in recent years, although often slightly below their EU28 averages.
| 2003 | 2007 | 2011 | 2016 | ||
| Life satisfaction | Mean (1-10) | 6.1 | 6.5 | 6.7 | 6.5 |
| Taking all things together on a scale of 1 to 10, how happy would you say you are? | Mean (1-10) | 7.2 | 7.0 | 7.0 | 7.0 |
| Optimism about own future | Agree & strongly agree | - | - | - | 63% |
| Optimism about children’s or grandchildren’s future | Agree & strongly agree | - | - | - | 63% |
| Take part in sports or physical exercise | At least once a week | - | - | 15% | 14% |
| In general, how is your health? | Very good | - | 14% | 15% | 18% |
| WHO-5 mental wellbeing index | Mean (1-100) | - | 54 | 57 | 62 |
| Making ends meet | With some difficulty, difficulty, and great difficulty | 77% | 69% | 72% | 66% |
| I feel I am free to decide how to live my life | Strongly agree | - | - | 41% | 33% |
| I find it difficult to deal with important problems that come up in my life | Agree & strongly agree | - | - | - | 36% |
| When things go wrong in my life, it generally takes me a long time to get back to normal | Agree & strongly agree | - | - | - | 33% |
Work-life balance
Work-life balance
Work–life balance related problems are relatively more frequent in Romania than on average in the EU. For instance, in 2016, 67% of respondents in Romania were too tired from work to do household jobs at least several times a month, compared with 59% for the EU28. Furthermore, in 2016, 52% of respondents in Romania experienced difficulties to fulfil family responsibilities because of work at least several times a month, which was significantly higher than the EU average of 38%. The least common work–life balance problem was having difficulties to concentrate at work because of family responsibilities, reported by 36% of respondents in Romania in 2016, which was also much higher than the EU28 average of 19%. When looking at the gender-specific breakdowns, it can be observed that men in Romania report work–life balance problems more often than women.
| 2003 | 2007 | 2011 | 2016 | ||
| (At least several times a month) | |||||
| I have come home from work too tired to do some of the household jobs which need to be done | Total | 66% | 65% | 61% | 67% |
| Men | 63% | 69% | 59% | 72% | |
| Women | 71% | 59% | 63% | 60% | |
| It has been difficult for me to fulfil my family responsibilities because of the amount of time I spend on the job | Total | 37% | 47% | 38% | 52% |
| Men | 38% | 50% | 33% | 54% | |
| Women | 35% | 43% | 44% | 50% | |
| I have found it difficult to concentrate at work because of my family responsibilities | Total | 11% | 17% | 16% | 36% |
| Men | 11% | 15% | 13% | 42% | |
| Women | 10% | 20% | 20% | 28% | |
Quality of society
Quality of society
The Social Exclusion Index has improved in Romania from 2.6 in 2007 to 2.3 in 2016 (on a scale of 1–5, where a higher value means a higher incidence of social exclusion). However, it is still higher than the EU28 average of 2.1 in 2016. Similarly, perceived tensions between poor and rich people have decreased, from 48% of respondents reporting a lot of tension in 2011 to 40% in 2016.
Trust in people has decreased in Romania in recent years, from 5.4 in 2007 to 4.8 in 2016, falling below the EU28 average of 5.2 in 2016 (on a scale of 1–10).
| 2003 | 2007 | 2011 | 2016 | ||
| Social exclusion index | Mean (1-5) | - | 2.6 | 2.4 | 2.3 |
| Trust in people | Mean (1-10) | 5.4 | 5.5 | 5.0 | 4.8 |
| Involvement in unpaid voluntary work | % 'at least once a month' | - | - | 3% | 3% |
| Tension between poor and rich people | % reporting 'a lot of tension' | 52% | 37% | 48% | 40% |
| Tension between different racial and ethnic groups | % reporting 'a lot of tension' | 32% | 30% | 33% | 27% |
| I feel safe when I walk alone after dark | Strongly agree | - | - | - | 42% |
Quality of public services
Quality of public services
Quality ratings for seven public services
Note: scale of 1-10, Source: EQLS 2016.
The perceived quality of several public services has increased in Romania since 2011. For instance, the perceived quality of health services has increased from 4.7 in 2011 to 5.9 in 2016 (on a scale of 1–10). Similarly, the perceived quality of the education system, childcare services, long-term care services and social housing has increased almost 1 point during the same time period. This implies that, even though the perceived quality of public services is lower in Romania than on average in the EU, the quality ratings are making progress towards their EU28 averages.
| 2003 | 2007 | 2011 | 2016 | ||
| Health services | Mean (1-10) | 5.6 | 5.5 | 4.7 | 5.9 |
| Education system | Mean (1-10) | 6.6 | 5.9 | 5.3 | 6.2 |
| Public transport | Mean (1-10) | 6.3 | 6.3 | 6.2 | 6.5 |
| Childcare services | Mean (1-10) | - | 5.3 | 5.0 | 5.9 |
| Long-term care services | Mean (1-10) | - | - | 4.6 | 5.5 |
| Social housing | Mean (1-10) | - | - | 4.1 | 5.0 |
| State pension system | Mean (1-10) | 5.3 | 4.2 | 4.0 | 4.7 |
Working life in Romania
About
- Author: Victoria Stoiciu
- Institution: IER
- Published on: Monday, November 18, 2019
This profile describes the key characteristics of working life in Romania. It aims to complement other EurWORK research by providing the relevant background information on the structures, institutions and relevant regulations regarding working life. This includes indicators, data and regulatory systems on the following aspects: actors and institutions, collective and individual employment relations, health and well-being, pay, working time, skills and training, and equality and non-discrimination at work. The profiles are updated annually.
Highlights – Working life in 2019
Highlights – Working life in 2019
Highlights updated on: 3 March 2020
For more information, see working paper:
Romania: Developments in working life 2018
During 2019, Romania continued on the path of economic growth, accompanied by a rise in employment and wages. In October, the unemployment reached the lowest level in the last 30 years (2.9%). During the third quarter, the employment rate (persons aged 20–64) was 71.8%, the highest since 1989 and slightly above the national target of 70% established in the Europe 2020 Strategy. The economic growth stimulated wage increases with the gross average net 14.6% higher in October 2019 – reaching 3,116 RON (€652 as at 3 February 2020) – as compared to the same period in 2018. However, 1.7 million employees out of 5.6 million are working on the minimum wage – 1,263 RON net (€264) – which represents slightly less than one-half of the living wage (€548) calculated for 2019 by the Friedrich-Ebert-Stiftung (FES).
Economic growth was also accompanied by a chronic labour shortage, which was estimated at 300,000 employees in KPMG and National Employers’ Confederation Concordia’s ‘Quantitative and qualitative analysis of the labour market in Romania’. In response to the labour shortage, the government set a foreign worker quota for 2020 of 30,000, as compared to the quota of 20,000 set in January 2019.
The labour shortages enhanced workers’ bargaining power, which led to a number of industrial actions during the year. One of the longest strikes ran from 4 March to 8 May at Electrolux plant in Satu Mare. The strike ended after the trade union and management concluded a new collective agreement that provides for wage increases and bonuses for the workers. Labour conflicts occurred in a number of other companies, most of them triggered by a demand for wage increases and a renegotiation of collective labour agreements. Restrictive provisions of the social dialogue law regarding industrial action also led to several wildcat strikes during the year.
One year after its submission, the social dialogue draft law (which includes more permissive provisions for industrial action) continued to be debated with social partners in the Chamber of Deputies and faced criticism from the most important employers’ organisations. If enacted, the new bill is expected to unblock collective bargaining, especially at sectoral level. In 2019, only two sectoral collective agreements were concluded, one in the public healthcare sector and the other in the pre-university education sector.
Key figures
Key figures
Comparative figures on working life in Romania
|
2012 |
2018 |
% (point) change 2012–2018 |
||||
|
Romania |
EU28 |
Romania |
EU28 |
Romania |
EU28 |
|
|
GDP per capita |
6,500 |
25,700 |
8,700 |
28,200 |
33.85% |
9.73% |
|
Unemployment rate – total |
6.8 |
10.5 |
4.2 |
6.8 |
-2.60 |
-3.70 |
|
Unemployment rate – women |
6.1 |
10.6 |
3.5 |
7.1 |
-2.60 |
-3.50 |
|
Unemployment rate – men |
7.4 |
10.4 |
4.7 |
6.6 |
-2.70 |
-3.80 |
|
Unemployment rate – youth |
22.6 |
23.3 |
16.2 |
15.2 |
-6.40 |
-8.10 |
|
Employment rate – total |
64.8 |
71.7 |
67.8 |
73.7 |
3.00 |
2.00 |
|
Employment rate – women |
56.4 |
65.5 |
58.3 |
68.3 |
1.90 |
2.80 |
|
Employment rate – men |
73.2 |
77.8 |
76.9 |
79.2 |
3.70 |
1.40 |
|
Employment rate – youth |
30.5 |
42.4 |
29.5 |
41.7 |
-1.00 |
-0.70 |
Source: Eurostat - Real GDP per capita (chain linked volumes [2010], in EUR) and percentage change 2012-2018 (both based on tsdec100). Unemployment rate by sex and age - annual average, % [une_rt_a]; Employment rate by sex and age - annual average, % [lfsi_emp_a].
Background
Background
Economic and labour market context
Between 2012 and 2018, there was a substantial increase in GDP (by 33.85%), while the EU average increase was much lower (9.73%). During this time, unemployment rates for all categories decreased slightly; total unemployment in 2018 was 4.2%, below the EU average of 6.8%. Employment rates increased during the six-year period, reaching 67.8% in 2018, but youth employment decreased by 1 percentage point and stood at 29.5% in 2018, considerably lower than the EU average of 41.7% for the same year.
More information on:
- European Commission: EURES – Living and working in Romania
- European Industrial Relations Dictionary: Undeclared work
- Data: Tackling undeclared work in Europe
Legal context
The main law in the field of labour legislation is the Labour Code 53/2005, modified in 2011 in the sense of a higher flexibility in labour relations.
Since 2011, the Labour Code was amended several times. In August 2017, in an attempt to fight undeclared work, the Government amended the Labour Code to include definitions of working situations to be considered as undeclared work. According to the new provisions, undeclared work is defined as employing a person without submitting an employment report to the General Register of Employees no later than the day before the start of the activity; employing a person without an individual employment contract in written form, the day before the start of the activity; employing a person when their individual employment contract is suspended; employing a person outside of part-time working hours. The work of an employee outside the work schedule established under the individual part-time employment contracts has ceased to be sanctioned as a mere failure to comply with the provisions on overtime (sanctioned with a fine of RON 1,500 to RON 3,000), but has become a situation of undeclared work (sanctioned with a fine of RON 10,000).
Starting in August 2017, each employer is obliged to keep a copy of the individual employment contract for employees in the respective workplace. The civil fine for failure to comply with this legal provision is RON 10,000 (EUR2,200).
In 2011, a new Social Dialogue Law (62/2011) abolished national collective bargaining, which implied a unique national collective agreement. Currently, collective bargaining is allowed only at company and at sectoral level. The Social Dialogue Law outlines the conditions for creating a trade union or employers’ organisation, the representativeness criteria for employers’ organisations and trade unions, and the functioning of social dialogue in Romania.
A new social dialogue bill, bringing substantial amendments to the current Social Dialogue Act, entered parliamentary debate in the autumn of 2018. The draft law provides for lowering the number of employees needed for setting up a trade union (from 15 to 3), makes collective bargaining compulsory in companies with a minimum of 10 employees, and prescribes new mechanisms for starting and solving collective labour disputes. Following debates in the Committee for Labour, Family and Social Protection of the Senate, the trade union organisations managed to negotiate significant amendments to the draft law, which facilitate collective bargaining and social dialogue at company and sectorial level. The bill was rejected by the Senate at the end of November and sent to the Chamber of Deputies, which has the final vote in 2019.
Industrial relations context
Social dialogue in Romania only became effective after the country’s transition to democracy in 1989. Before 1989, although trade unions were legally allowed, in practice they functioned as an annex to the Communist Party and the state. After 1989, the privatisation of state-owned companies put the jobs of thousands of workers in jeopardy, resulting in a rather conflict-driven type of industrial relations. Despite their opposition to it, the trade unions did not obstruct the privatisation process. The restructuring and privatisation led to a massive decline in trade union membership. Once the transition period and the deindustrialisation process came to an end, industrial relations became more consensus-oriented. Collective bargaining legally allowed at all levels – national, sectoral and company. The national and sectoral trade unions had a stronger negotiation capacity than the company-level unions, which often lacked the know-how and human resources. These circumstances led to the situation in which the national and branch collective agreements were decisive for the negotiations of wages at the company level.
In 2011, social dialogue legislation was changed, resulting in a new law (62/2011) that abolished national collective bargaining and made sectoral bargaining almost impossible. The abolition of national-level collective bargaining left approximately 1.2 million employees uncovered – those working in 450,000 companies with less than 21 employees because for these companies collective bargaining is not compulsory by law. Collective bargaining at company level became more important in this context, but company-level trade unions still struggle against a lack of adequate expertise and the high representativeness criteria imposed by law. According to the data from the Labour Inspection, in 2017 more than 85% of the collective agreements concluded at company level were concluded by representatives of employees, not by trade unions. In 2017, some 7,226 collective agreements were concluded at company level in 2017, covering 952,9111 employees, which equals a collective bargaining coverage of 15%. This indicates a declining trend in collective bargaining coverage, from around 35% in 2013 and 25% in 2015.
Actors and institutions
Actors and institutions
Trade unions, employers’ organisations and public institutions play a key role in the governance of the employment relationship, working conditions and industrial relations structures. They are interlocking parts in a multilevel system of governance that includes European, national, sectoral, regional (provincial or local) and company levels. This section looks into the main actors and institutions and their role in Romania.
Public authorities involved in regulating working life
In Romania, the public authority and institutions active in the industrial relations area are detailed below.
The National Tripartite Council for Social Dialogue (Consiliul National Tripartit pentru Dialog Social, CNTDS) is a national-level consultative body that includes trade unions and employers’ organisation representatives as well as representatives of the government, the National Bank and the Economic and Social Council.
The Economic and Social Council (CES) is a national institution, formed by civil society, trade union and employers’ organisation representatives, that must be consulted on any legal changes with implications for the economic, social and fiscal area. In 2017, CES was relaunched, after its activity had been blocked for several years due to unclear legislative provisions.
The Ministry of Labour and Social Justice is the public authority responsible for social protection, employment, labour mobility.
The Ministry of Labour and Social Justice is in charge of the elaboration and application of policies and strategies regarding social inclusion, social protection, employment and the labour market. Several public institutions responsible for working conditions are coordinated by the Ministry of Labour (Labour Inspection, the National Agency for Occupation of the Workforce, the National House of Public Pensions). The National Agency for Occupation of the Workforce (ANOFM) oversees the application of employment strategies and professional training as well as the implementation of social protection for the unemployed.
Labour Inspection supervises and controls the application of the labour legislation by the employers concerning working conditions, health and security at the workplace and other legal provisions.
Although there are no distinct labour courts, work litigation/conflict settlement may be done by initiating judicial action through the regular courts.
When resolving conflicts between an employer and employee, the newly issued Civil Code introduces a mandatory provision requiring the parties to go through a session during which the advantages of the mediation procedure are presented. Upon completion of this informative session, the parties may decide to carry on with the mediation procedure to resolve the conflict or to present their case in court.
The Labour Code and Law 319/2006 provide the legal framework for the area of health and safety at the workplace. The law stipulates the creation of Health and Safety Committees in companies with more than 50 employees. However, the Labour Inspectorate can compel the creation of Health and Safety Committees in companies with fewer than 50 employees if the nature of the activity and the risks associated with the workplace require such a committee. The committees, formed by representatives of employers, workers and labour medicine specialists, coordinate and supervise the application of the health and safety provisions.
The Ministry of Labour and Social Justice is the authority in the field of health and security at the workplace. They are also in charge of elaborating strategies and policies as well as the legislation monitoring and appointing the companies/people that provide prevention and protection services in the field of health and safety at the workplace.
The Ministry of Health is the key authority in the field of public health assistance that elaborates the regulations in the field of health protection at the workplace. The Ministry of Health also supervises workers’ health and is responsible for professional training in the area of occupational health.
The Labour Inspection controls the application of the health and safety at work legislation through implementing programmes regarding professional risks, running investigations and imposing sanctions if need be.
Lastly, the National Institute for Scientific Research within the Labour and Social Protection offers scientific research that substantiates the policy measures in the area of health and safety at work.
Representativeness
A trade union organisation is considered to be representative at national level if the affiliated organisations account for at least 5% of the overall number of employees in the national economy and it has territorial structures in at least 50%+1 of the counties, including the capital, Bucharest. Similarly, an employers’ organisation is considered to be representative if its members account for at least 7% of the overall number of employees at national level and it has territorial structures in 50%+1 of the counties, including Bucharest.
More information on representativeness of the main social partner organisations can be found in Eurofound’s sectoral representativeness studies.
- Topic: Representativeness
Trade unions
About trade union representation
The right to join a trade union is limited only to those workers that have an individual work contract, which prevents workers involved in atypical forms of work from joining a trade union. Moreover, Law 62/2011 provides that a trade union may be formed by at least 15 founding members, all employed in the same company, which prevents workers in companies with fewer employees from forming a union (the previous legislation provided that a trade union could be founded by 15 employees from different companies, but in the same profession). According to the most recent data, in 2015 there were 468,374 companies with less than 15 employees, employing over 1 million people and where legislation restricts the creation of a trade union.
People who hold a public function, such as magistrates, people in the military, employees of the Ministry of the Interior and employees of the secret services, cannot form or join a trade union.
Currently, BNS, Cartel Afla, CNSLR Fratia, CSDR and Meridian, the five nationally representative confederations, publish their official documents on the Ministry for Public Consultation and Social Dialogue website. Together, they account for 1.39 million members out of 6.5 million employees (as of October 2018) , indicating a trade union density of 23%. The ICTWSS database puts union density in Romania at 32% in 2008, while the ILO estimates indicate a union density of 32.2% in 2007. These data might suggest that no significant loss in union density took place after 2011, but there is some difficulty in assessing the accuracy of this estimation, since data are unreliable and often conflicting, depending on the source.
Trade union membership
There seems to by a high variation of trade union density at sectoral level – some sectors, such as public administration, education or health care have a trade union density exceeding 50%, while in manufacturing, clothing and commerce it is much lower. One of the main reason is the high number of companies with less than 15 employees, which cannot be unionised, according to the law – 45% of the commerce sector’s employees and 32,6% of the constructions’ sector employees work in establishments with less than 15 employees, according to some estimates.
Achieving representativeness seems to be harder at sectoral level and at company level. Data from the end of 2015 show that representative trade union federations exist in 21 economic sectors, out of 29 economic sectors in total. Large sectors, such as textiles and commerce, that together account for around 1 million employees, do not have representative federations. Research shows that the actual representativeness threshold for some sectors is much higher than the legal one – 13.3% for the commerce sector, 10.4% for construction, 8.7% for IT&C.
Main trade union confederations and federations
There are five national representative confederations in Romania: CNSLR Fratia, CNS Cartel Alfa, BNS, CNS Meridian and CSDR.
Main trade union confederations and federations
|
Long name |
Abbreviation |
Members |
Involved in collective bargaining |
|
National Trade Unions Confederation ‘Cartel Alfa’ (CNS ‘Cartel Alfa’; Confederaţia Naţională Sindicală ‘Cartel Alfa’) |
CNS Cartel Alfa |
259,443 (2016) |
Not at national level ever since law 62/2011 abolished national collective bargaining. Signed the collective agreement for the healthcare sector on 21 November 2013. |
|
National Confederation of Free Trade Unions from Romania Frăţia (Confederaţia Naţională a Sindicatelor Libere din România Frăţia) |
CNSLR Fratia |
306,486 members (2016) |
Not at national level ever since law 62/2011 abolished national collective bargaining. Signed the collective agreement for the healthcare sector on 21 November 2013. |
|
National Trade Union Bloc (Blocul Naţional Sindical) |
BNS |
253,227members (2016) |
Not at national level ever since law 62/2011 abolished national collective bargaining. Signed the collective agreement for the healthcare sector on 21 November 2013. |
|
Meridian National Trade Union Confederation (Confederaţia Sindicală Naţională Meridian) |
CSN Meridian |
264,811 members (2016) |
Not at national level ever since law 62/2011 abolished national collective bargaining. Signed the collective agreement for the healthcare sector on 21 November 2013. |
|
Confederation of Democratic Trade Unions in Romania (Confederaţia Sindicatelor Democratice din România) |
CSDR |
249, 264 members (2017) |
No, law 62/2011 abolished national collective bargaining. |
|
National Federation of Free Unions from Education (Federatia Sindictelor Libere din Invatamant) |
FSLI |
172,336 (2016) |
Yes, signed the collective agreement for the primary education sector on 13 November 2014. |
|
Federation Agrostar (Federatia Arostar) |
Agrostar |
63,251 members (2017) |
No |
|
Sindicatul National al Politistilor |
41,000 members (2016) |
No |
|
|
Trade Union Federation for Romanian Automotive (Federatia Sindicatelor Automobilului Romanesc) |
FSAR |
21,539 members (2016) |
No |
|
Federation of Unions of Automotive Manufacturing “Infratirea” (Federatia Sindicatelor din Con-structii de Masini Infratirea) |
“Infratirea” |
21,123 members (2016) |
No |
|
Federatia Sanitas |
91,766 (2017) |
Yes, signed the collective agreement for the health sector on 21 November 2013. |
|
|
FSI Spiru Haret |
61,844 members (2012) |
Yes, signed the collective agreement for the primary education sector on 13 November 2014. |
|
|
Postal and Communication Trade Union Federation (Federația Sindicatelor din Poștă și Comunicații) |
FSPC |
19,093 members (2016) |
No |
|
Federation of Insurance and Banks (Federatia Asigurari si Banci) |
FASB |
13,306 members (2018) |
Yes, concluded a sectoral collective agreement in December 2018 |
|
National Federation of Administration Unions (Federatia Nationala a Sindi-catelor din Aministratie) - |
FNSA |
19,542 members (2016) |
No |
Employers’ organisations
About employers’ representation
The employers can freely form or join an employers’ organisation. An employers’ organisation can be affiliated only to a hierarchically superior employers’ organisation.
The 2011 Social Dialogue Law stipulates that the employers’ organisations that pursue national representativeness must account, through the affiliated companies, for at least 7% of the total workforce in the economy (minus public sector employees). The employer federations must account, through their members, for at least 10% of the total workforce in the respective sector.
The effect of these legal provisions was a drop in the number of nationally representative confederations, from 12 in 2011 to 6 in 2018.
In 2018, six employers’ organisations were acknowledged as representative.
Employers’ organisations – membership and density
|
2012 |
2013 |
2014 |
2015 |
2016 |
Source |
|
|
Employers’ organisation density in terms of active employees |
n.a. |
n.a. |
n.a. |
n.a. |
n.a. |
|
|
Employers’ organisation density in private sector establishments* |
n.a. |
12%* |
n.a. |
n.a. |
n.a. |
European Company Survey 2013 |
* Percentage of employees working in an establishment that is a member of any employer organisation that is involved in collective bargaining.
Main employers’ organisations and confederations
The official statistics do not provide data on the number of companies and employees for all the employers’ organisations that are representative. The Ministry of Labour published the documents for only four of these nationally representative confederations.
Main employers’ organisations and confederations
|
Long name |
Abbreviation |
Members |
Year |
Involved in collective bargaining |
|
Employers’ Confederation Concordia (Confedereatia Patronala Concordia) |
Concordia |
* 230, 343 |
2017 |
No |
|
General Union of Romanian Industrialists (Uniunea Generala a Industriasilor din România) |
UGIR |
141,800* |
2014 |
No |
|
National Confederation of Romanian Employers (Confederatia Nationala a Patronatului Roman) |
CNPR |
318,279* |
2015 |
No |
|
Romanian National Council of Private Small and Medium Enterprises (Consiliul Național al Întreprinderilor Private Mici și Mijlocii din România) |
CNIPMMR |
327,433* |
2016 |
No |
|
Romanian Employers Organisation Confederation (Confederatia Nationala a Patronatului Român) |
PNR |
262,519* |
2018 |
No |
|
Employeers Organisation from Industry, Agriculture, Constructions and Services of Romania (Confederatia Patronala din Industrie, Agricultura, Constructii si Servicii din Romania ) |
CONPIROM |
260,412* |
2015 |
No |
*Estimated figures, based on the representatives files available on the Ministry of Social Dialogue website.
Tripartite and bipartite bodies and concertation
Tripartite social dialogue is organised at national, territorial and sectoral level. In an attempt to reform social dialogue at all levels, in 2011 the composition of the Social and Economic Council (CES), a tripartite body for social dialogue at national level, was modified. After the 2011 legislative change (Law 62/2011), the government left CES and was replaced instead by the representatives of civil society, which, in the opinion of some stakeholders, transformed CES, which was formerly a tripartite body, into a bipartite social dialogue structure. CES is a consultative forum and it must be consulted for all the draft laws in its area of competence (economy, taxes, labour, social protection, health, education, research, culture and wages).
Law 62/2011 provided for the formation of a new body for tripartite dialogue: the National Tripartite Council for Social Dialogue (Consiliul National Tripartit pentru Dialog Social, CNTDS), a tripartite consultative body formed by representatives of the employers’ organisations, trade union organisations, the government, the National Bank and the president of the CES. The CNTDS is the consultative forum for setting the minimum wage at national level, for analysing governmental strategies and programmes and for solving, via tripartite dialogue, economic and social disputes. On several occasions, the trade unions accused the government of not convening the CNTDS regularly or not adequately preparing for the tripartite body’s meetings and thus obstructing social dialogue.
At local level, the social dialogue commissions are established at the prefecture level. The participants are the representatives of local administration, representatives from each nationally representative confederation as well as other relevant stakeholders that may take part should their presence be agreed upon.
At the national level, social dialogue tripartite committees are formed within 19 public authorities and institutions, such as the Ministry of Labour, Ministry of Finance, Ministry of Health and so on.
Main tripartite and bipartite bodies
|
Name |
Type |
Level |
Issues covered |
|
National Tripartite Council for Social Dialogue (Consiliul Naţional Tripartit pentru Dialog Social, CNTDS) |
Tripartite |
National |
Minimum wage, labour relations, labour disputes |
|
Social and Economic Council (Coniliul Economic si Social, CES) |
Tripartite |
National |
Labour relations, fiscal and financial policies, public health policies, social protection policies, education |
|
Social dialogue commissions at ministry level |
Tripartite |
National |
Sectoral policies elaborated by the ministries |
|
Social dialogue commissions at county prefecture level |
Tripartite |
Local |
Local policies |
|
Advisory board of the National Agency for Employment (Agenţia Naţională pentru Ocuparea Forţei de Muncă, ANOFM) |
Tripartite |
National |
Employment, labour market policies |
|
Advisory Board of the National House of Public Pensions (Casa Naţională de Pensii Publice, CNPP) |
Tripartite |
National |
Social insurances, pensions |
|
National Health Insurance Agency (Casa Naţionala de Asigurări de Sănătate, CNAS) |
Tripartite |
National |
Public health |
Workplace-level employee representation
Representation of employees at the workplace is accomplished by trade union organisations at company level. There are no work councils or other bodies at the company level in Romania that would ensure employee representation. However, a trade union cannot be founded in companies with fewer than 15 employees, leaving workers employed by small companies without any legal representation. In companies with more than 20 employees, but without a trade union organisation, the workers are represented by the employees’ representatives .
The establishment of European work councils was introduced in 2005, but the law only applies to companies of community size.
Regulation, composition and competences of the bodies
|
Regulation |
Composition |
Competences of the body Involved in company-level collective bargaining? |
Thresholds/rules when they need to be/can be set up |
|
|
Trade union organisation |
The trade union functioning is codified by the Social Dialogue Law (62/2011). |
Employees with a working contract that work in the same company. |
Yes. They defend the rights of their members in courts and negotiate the collective agreement (only if they fulfil the representativeness criteria). |
A trade union can be founded by a minimum of 15 employees working in the same company. In order for a trade union to be representative, it must account for at least 50%+1 of the overall employees of the company. |
|
Employees’ representative |
The Labour Law provides the legal context regarding the employees’ representative. |
The representative of the employees is elected from within the company’s employees, with the vote of at least half of the employees. |
Yes. They promote the workers’ interests; inform the labour inspectorate whenever the labour legislation is not properly applied; and negotiate the collective bargaining (when there is no representative trade union organisation in the company). |
A representative of the employees is elected only in companies that have at least 20 employees and where there is no representative trade union organisation. |
Industrial action and disputes
Industrial action and disputes
The right to strike is regulated by the Labour Code and the Social Dialogue Law (62/2011). The strike cannot be declared unless all other legally binding mechanisms for the reconciliation have been exhausted and a warning strike has taken place. A strike cannot be organised during the period of application of the collective agreement that is in force or during the mediation and arbitrage procedures (or if so, it is considered illegal).
The law regulates two other types of industrial actions: the solidarity strike and the warning strike. The solidarity strike is declared with the aim to support the demands of the employees from other companies belonging to the same group of units or to the same sector. It cannot last more than one working day. The warning strike must last a maximum of two hours and must be organised at least two days before the ‘main’ strike. As of 2010, the National Statistical Institute no longer reports on strikes, arguing that no strikes have taken place between 2010 and 2017.
Industrial action developments, 2012–2016
|
2012 |
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
Source |
|
|
Number of strikes |
0 |
0 |
0 |
- |
- |
- |
- |
National Institute of Statistics |
|
Number of labour disputes |
23 labour conflicts involving 10,540 employees (71.73% participation index); 8 conflicts resolved, 3 partially conciliated and 12 unresolved. |
22 labour disputes involving 7,678 employees (91. 57% participation index); 11 resolved, 9 unresolved and 2 partially conciliated. |
19 labour disputes involving 7,818 employees (59% participation index); 5 conflicts have been resolved, 5 partially conciliated and 9 unresolved. |
35 labour disputes, involving 30,236 employees (52.97% participation index). 9 conflicts have been resolved, 6 were only partially conciliated and 20 remained unresolved |
30 labour disputes, involving 23,397 employees (63% participation index) 13 disputes have been resolved, 4 partially conciliated and 13 remained /unconciliated/unresolved. |
No data available |
By the end of the third quarter of 2018 there have been 23 labour disputes involving 9,059 employees (a 47,84% participation index). Out of those, 7 conflicts have been solved, 14 are unsolved, whilst 2 are remaining partially solved |
Ministry of Labour and Social Justice |
Dispute resolution mechanisms
Collective dispute resolution mechanisms
According to the legal framework (Law 62/2011), legal disputes can occur under very specific conditions: if the employer/employers’ organisation refuses to start collective bargaining; if, during the collective bargaining, the employer/employers’ organisation does not accept the demands of the employees; or if the parties involved in collective bargaining cannot reach a collective agreement until the finalisation of the bargaining.
The law also provides for labour dispute resolution mechanisms: conciliation, mediation and arbitration. The conciliation procedure, organised by the Minister of Labour or by the labour inspectorates, is compulsory by law.
If the parties involved in the conflict reach a consensus during the conciliation, the labour dispute is closed. If not, the conflicting parties have the right to go through the mediation and arbitration procedure.
Individual dispute resolution mechanisms
Individual industrial disputes are solved by law courts. The conflicting parties have the option to go through the mediation procedure. The competent courts that rule over the resolution of individual disputes are established by law. There are no labour courts in Romania, but only sections (departments) in charge of the labour disputes. The demand to start such a conflict is sent to the competent court located in the constituency of the person initiating the complaint. The main aspects covered are the unilateral termination of the individual work contract, financial aspects and unilateral changes in the provisions of the work contract. Under legal provisions, the maximum term for solving individual labour disputes is 10 days, but in practice it takes longer.
Individual employment relations
Individual employment relations
Individual employment relations are the relationship between the individual worker and their employer. This relationship is shaped by legal regulation and by the outcomes of social partner negotiations over the terms and conditions governing the employment relationship. This section looks into the start and termination of the employment relationship and entitlements and obligations in Romania.
Start and termination of the employment relationship
Requirements regarding an employment contract
The minimum age for entering into an employment relationship is 16 years. Special requirements regarding working time are stipulated for workers younger than 18 years (16–18 years old), namely a maximum 30 hours or work per week, 6 hours per day. An individual working contract must be signed between the future employee and employer. The employee is required to pass a medical examination prior to starting work. The process is finalised when the contract is uploaded in REVISAL (a database in which employees are registered).
In order to test the employee’s skills, a trial period of 90 days maximum for executive positions and 120 for management positions is stipulated by law. For disabled people, the trial period is 30 days maximum.
Dismissal and termination procedures
According to the Labour Code adopted in 2011, an employee can be dismissed either due to objective conditions (if the company is being restructured or if the position has been terminated, in which case the
employer cannot reinstate the position after dismissing the employee and hire someone else in the same position for six months) or due to the employer’s subjective reasons (such as non-compliance with the discipline rules (of behaviour in the workplace), breach of the working contract’s clauses or professional non-conformity to the job description). In case of repeated disciplinary measures, the employer is obliged to make a disciplinary investigation prior to the dismissal. In case the employee has to be dismissed because of non-conformity to the job description, a preliminary evaluation of the employee must be done in order to verify whether or not it is a case of job description non-conformity.
The labour inspectorates verify the conformity of procedures upon the termination of an individual work contract. To be valid, a termination notice must be given by the employer to the employee in writing. An employee can contest the employer’s decision before a court of law.
Entitlements and obligations
Parental, maternity and paternity leave: Statutory leave arrangements
|
Maternity leave |
|
|
Maximum duration |
63 days prenatal, 63 days postnatal. In addition, the mother/father can opt for a two-year childcare leave and 3 years for children without disabilities |
|
Reimbursement |
85% of the average income of the last 12 months |
|
Who pays? |
National Fund of Social and Health Insurance (Fondul naţional unic de asigurări sociale de sănătate) |
|
Legal basis |
Government’s Emergency Ordinance (OUG) no.158/2005, OUG no. 111/2010, Law no. 66/2016 |
|
Parental leave |
|
|
Maximum duration |
The legislation grants the second parent the right to one month’s parental leave. The second parent can either 1) request one month of leave or 2) compensation and leave are suspended for the other parent for this month and the first parent will have the choice of taking unpaid leave or coming back to work. |
|
Reimbursement |
85% of the average income of the last 24 months, but not less than 85% of the value of gross national minimum wage and not more than 8,500 RON (around 1,800 EUR). |
|
Who pays? |
National Fund of Social and Health Insurance (Fondul naţional unic de asigurări sociale de sănătate) |
|
Legal basis |
Government’s Emergency Ordinance (OUG) no.158/2005, OUG no. 111/2010, Law no. 66/2016, OUG nr. 55/2017 |
|
Paternity leave |
|
|
Maximum duration |
There are no mandatory periods for fathers, fathers being subject to the same legislation as mothers if they want to take parental leave. Additionally, they can take 5 days of paid paternity leave, which can be supplemented with 10 more days if the father has taken child-rearing classes. |
|
Reimbursement |
100% of the average income of the last 12 months |
|
Who pays? |
Supported by the company where the father is employed |
|
Legal basis |
Law 210/1999 |
Sick leave
The law provides for the right to paid sick leave for both employees and self-employed people. This applies to the entire period, from the first day. A medical certificate is required. The beneficiary of the paid medical leave must be insured and must pay the social contributions. The minimum contribution period for a paid sick leave is one month within the last 12 months prior to the period for which the medical leave is taken. For some diseases, like emergencies, HIV or TBC, the right to medical leave is not conditional on social contributions. The maximum period of paid leave is 183 days per year, but for some diseases, like cancer, HIV, etc., this period can be prolonged. The cover during the sick leave is 75% of the last 12 months’ revenues. For some diseases, the amount increases to 100%.
The employee is obliged to present the medical certificate and documents that attest to the number of days spent on sick leave. Since 2014, sick leave is counted as a period of activity by the pension system.
Retirement age
Starting in January 2011, the public system is regulated by Law 263/2010 on the unified pension system, which replaced the former Law 19/2000. The standard retirement age was gradually increased to 65 years for men and 60 years for women up to January 2015. Women’s retirement age will be raised to 63 years until January 2030. Early retirement is allowed under specific legal conditions. Until 31 December 2014, the minimum contributory period was 14.4 years and was raised for both men and women to 15 years after January 2015. The standard contributory period entitling the beneficiary to a full pension is 35 years for both genders, but it will come into force later for women (January 2030) than for men (January 2015).
Pay
Pay
Pay: For workers, the reward for work and main source of income; for employers, a cost of production and focus of bargaining and legislation. This section looks into minimum wage setting in Romania and guides the reader to further material on collective wage bargaining.
Minimum wages
The national minimum wage is set by the government following consultations with the social partners. CNTDS (Consiliul National Tripartit pentru Dialog Social) provides the framework for consultations on the minimum wage. Until 2011, apart from the minimum wage set by the government, a national minimum wage was negotiated among social partners and the government and included in the national collective agreement.
The minimum wage that is set by the government is compulsory for all employers. The collective agreements at sectoral or company level can set the minimum wages for the respective sectors/companies, but it should not be less than the minimum wage set by the government.
The minimum wage is set for a full-time working day of eight hours. For part-time workers working less than eight hours per day, the minimum wage is calculated as a ratio of the national minimum gross hourly wage.
In January 2018, the minimum wage increased to 1,900 RON gross (413 EUR). However, due to the fact that the contributions for social security paid by the employees increased by 20%, the increase of the net wage is lower: the net income of the minimum wage earners will amount to 1,163 RON (252 EUR), as compared to 1,065 RON (231 EUR) in 2017. Although this is the highest gross minimum wage in the last 10 years (31%), the net wage increase is only 8%.
Starting on 1 January 2019, the minimum gross wage increases to RON 2,080 (approximately EUR 430), while the minimum gross wage for employees who have graduated from university studies is RON 2,350 (EUR 490).
For more information regarding the level and development of minimum wages, please see:
- Publication: Minimum wages in 2019 - Annual review
- Eurostat: Minimum wage statistics
Collectively agreed pay outcomes
For more detailed information on the most recent outcomes in terms of collectively agreed pay, please see:
- Topic: Collective bargaining
- Publication: Developments in collectively agreed pay 2000–2017
Working time
Working time
Working time: ‘Any period during which the worker is working, at the employer’s disposal and carrying out his activities or duties, in accordance with national laws and/or practice’ (Directive 2003/88/EC). This section briefly summarises regulation and issues regarding working time, overtime, part-time work as well as working time flexibility in Romania.
Working time regulation
Working time is set by law (the Labour Code). The standard working week for employees over 18 years of age is 40 hours per week, divided into 8 hours per day. For employees under 18 years of age, it is 30 hours per week, divided into 6 hours per day. The maximum length of a working week must not exceed 48 hours, overtime included. In some cases the working time per week can exceed 48 hours, but only if the average of the working hours calculated for a period of 4 months does not exceed 48 hours per week. For some sectors of activity or professions, the parties of the collective agreement can agree on a longer reference period, but this period should not exceed six months. Through collective agreements a working day longer than 8 hours can be set for some activity sectors, but without exceeding 12 hours per day, in which case the long working day must be followed by a 24-hour break.
For more detailed information on working time (including annual leave, statutory and collectively agreed working time), please consult:
- Publication: Working time developments in the 21st century: Work duration and its regulation in the EU
Overtime regulation
Overtime is regulated by the Labour Law and is defined as work that exceeds the standard working time of 40 hours per week, 8 hours per day. Overtime work is not permitted for workers younger than 18 years of age. As a rule, overtime is compensated by free hours within a period of 60 days after it was performed. In cases where the compensation is not possible within the legal term of 60 days, the working time will be compensated in money. The amount of money for overtime is set by collective bargaining or in the individual work contract and cannot be lower than 75% of the wage.
In 2017, the Labour Code was amended by Government Emergency Ordinance no. 53/2017, especially with regard to the definition and sanctioning of undeclared work. The impact of these changes was also significant in terms of organising working time and working hours. The inspections carried out by labour inspectors aimed at identifying cases of overtime which, in the case of part-time workers, constitute undeclared work. In addition, according to art. 119 of the Labour Code, as amended by Government Emergency Ordinance no. 53/2017, the employer is obliged to keep at the workplace a record of hours worked daily by each employee, highlighting the starting and ending hours of the work programme, and to submit this record to the labour inspectors, whenever requested to do so. The purpose of this amendment is to make the labour inspector's work more effective, as regards overtime.
Part-time work
The Labour Code regulates part-time work. It stipulates that part-time workers should be treated comparably to the full-time workers within the same company performing the same or similar tasks. When a comparable employee does not exist within the company, the collective agreement or the legal provisions in the field are applicable. Romania has one of the lowest shares of part-time workers in the EU, and as a rule, this status is associated with high levels of poverty and social exclusion.
The low levels of part-time employment in Romania could be explained by the involuntary choice of this form of work. While in other EU countries part-time work is a means of balancing family life with one’s career, in Romania it seems to be a choice made in the absence of better alternatives. Those working part time do so because invariably they have to take care of children or incapacitated adults. Another difference compared to the EU28 is the very small gap between male and female part-time employment, as illustrated in the table below.
Persons employed part-time in Romania and EU28 (% of total employment)
|
2012 |
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
|
|
Total (EU28) |
18.6 |
19 |
19 |
19 |
18.9 |
18.7 |
18.5 |
|
Total (Romania) |
9 |
8.8 |
8.5 |
8.4 |
7.2 |
6.5 |
6.3 |
|
Women (EU28) |
31.4 |
31.8 |
31.7 |
31.5 |
31.4 |
31.1 |
30.8 |
|
Women (Romania) |
9.6 |
9.3 |
9.2 |
8.8 |
7.4 |
6.6 |
6.6 |
|
Men (EU28) |
7.7 |
8.1 |
8.2 |
8.2 |
8.2 |
8.1 |
8 |
|
Men (Romania) |
8.4 |
8.4 |
8 |
8.2 |
7 |
6.4 |
6 |
Source: Eurostat Labour Force Survey [lfsi_pt_a] – Persons employed part-time (20 to 64 years of age) – total and by sex.
Involuntary part-time
Involuntary part-time workers can be defined as those working part time because they could not find a full-time job.
Persons employed in involuntary part-time in Romania and EU28 (% of total part-time employment)
|
2012 |
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
|
|
Total (EU28) |
27.7 |
29.3 |
29.6 |
29.1 |
27.7 |
26.4 |
24.8 |
|
Total (Romania) |
53 |
55.9 |
56.9 |
59 |
57.8 |
55.8 |
54.2 |
|
Women (EU28) |
24.5 |
26 |
26.3 |
25.7 |
24.6 |
23.2 |
22.1 |
|
Women (Romania) |
39.2 |
43.3 |
42.5 |
45 |
44.8 |
42.5 |
41.4 |
|
Men (EU28) |
38.5 |
39.9 |
40.2 |
39.9 |
37.6 |
36.2 |
33.4 |
|
Men (Romania) |
65.3 |
66.6 |
69.5 |
70.2 |
68.1 |
66.2 |
64.7 |
Source: Eurostat Labour Force Survey [lfsa_eppgai]- involuntary part-time employment as a percentage of the total part-time employment, by sex and age (20 to 64 years of age)
Night work
The Romanian Labour Code defines as night work any work performed between 22:00 and 06:00 hours. It also provides the criteria for the definition of a night employee, which can be a) an employee performing night work at least three hours of his/her daily working time; b) an employee performing night work amounting to at least 30% of his/her monthly working time. The law also provides that the normal length of the working time, for the night employee, shall not exceed an average of 8 hours a day, calculated over a reference period of maximum three calendar months, in compliance with the legal provisions on the weekly rest period. For employees whose activity takes place in special working conditions, the normal length of the working time shall not exceed 8 hours within any 24 hour period.
The Labour Code also provides that at night employees shall benefit either from a work schedule shorter by an hour than the normal length of the working day, for those days when they perform at least three hours of night work, without any decrease of basic pay, or from extra pay of at least 15% of the basic pay for each hour of night work performed.
The law prohibits night work for underage persons, pregnant women and breastfeeding mothers.
Shift work
The Labour Law defines shift work as any method of organising the work schedule, according to which the employees succeed each other at the same workplace, according to a schedule, including a rotating schedule, of continuous or discontinuous type, requiring the employee to perform an activity within different time ranges in relation to a daily or weekly period, as established in the individual employment contract.
The law also defines a shift employee as any employee whose work schedule is of the shift work schedule type. The employees also have the right, between two working days, to a rest period that may not be shorter than 12 consecutive hours. In the case of shift work, that rest period between the shifts may not be shorter than eight hours.
Weekend work
The Labour Code provides that the weekly rest period shall be taken in two consecutive days, usually Saturday and Sunday. Should the rest during Saturday and Sunday be detrimental to the public interest or the normal course of the activity, the weekly rest period may also be taken in other days. In this case, the employees shall enjoy an extra pay, as laid down in the collective labour agreement or, as the case may be, in the individual employment contract. In exceptional cases, the weekly rest period days may be taken on a cumulative basis, after a continuous activity that may not exceed 14 calendar days, with the authorisation of the territorial labour inspectorate and with the agreement of the trade union or, as the case may be, the representatives of the employees.
Rest and breaks
The Labour Code provides for daily and weekly rest and breaks.
Should the daily length of the working time exceed six hours, the employees shall have the right to a meal break and other breaks, under the terms provided for in the applicable collective labour agreement or in the rules of procedure. Young people under the age of eighteen years shall enjoy a meal break of at least 30 minutes if the daily length of the working time exceeds four and a half hours.
Employees also have the right, between two working days, to a rest period that may not be shorter than 12 consecutive hours.
Working time flexibility
Flexible work is regulated by individual work contracts or by collective agreement. Flexible work is not a widespread practice in Romania. It is more frequent in small companies than in medium or large companies.
Health and well-being
Health and well-being
Maintaining health and well-being should be a high priority for workers and employers alike. Health is an asset closely associated with a person’s quality of life and longevity, as well as their ability to work. A healthy economy depends on a healthy workforce: organisations can experience loss of productivity through the ill-health of their workers. This section looks into psychosocial risks and health and safety in Romania.
Health and safety at work
The Eurostat data indicate an increase in the number of work accidents as well as in the frequency of work accidents per 1,000 employees for the last 4 years.
Accidents at work, with four days’ absence or more – working days lost
|
2008 |
2009 |
2010 |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
|
|
All accidents |
4,040 |
3,020 |
3,201 |
2,810 |
2,889 |
3,091 |
3,101 |
3,597 |
3,860 |
|
Percentage change on previous year |
-25.2 |
6.0 |
-12.2 |
2.8 |
7.0 |
0.3 |
16.0 |
7.3 |
|
|
Per 1,000 employees |
0.6 |
0.5 |
0.6 |
0.5 |
0.5 |
0.5 |
0.5 |
0.6 |
0.6 |
Source: Eurostat, [hsw_mi01] and [lfsa_eegaed] * Ministry of Labour and Social Justice
If expressed in absolute numbers, the national statistics indicate a variable trend: the number of work accidents decreased from 4,897 in 2007 to 2,810 in 2011, then started to increase again, reaching 4,804 work accidents in 2017. A positive evolution is also evident regarding the number of fatal work accidents: this number decreased from 487 in 2007 and 505 in 2008 to 163 in 2016. The frequency of fatal work accidents per 1,000 employees decreased from 0.09% in 2008 to 0.04% in 2015 and 0.03% in 2017. The economic sectors in which most of the work accidents take place are commerce, transportation, construction and the food industry.
The first nine months of 2018 registered 3,434 work accidents – 17% less than in the same period in 2017 (data from Ministry of Labour and Social Justice).
Psychosocial risks
Psychosocial risks and health and safety risks in Romania are regulated by the Labour Code and by a special law (319/2006) on health and safety at the workplace. There are no specific legal provisions concerning the psychosocial risks at work or work stress, but Law 319/2006 covers all kinds of health and safety issues at the workplace. Article 177 of the Labour Code provides that the employer must undertake all necessary measures for protecting the health and safety of the employees. The employer is obliged to evaluate the risks, avoid the risks, provide adequate equipment, train the employees and inform them about the professional risks, and adapt the working tasks to the employees’ capabilities. The implementation of health and safety at work should not involve any costs for the employees. The employer has to appoint one or more workers to be in charge of prevention and the protection of health and safety at the workplace. A health and safety commission, formed by employee and employer representatives, must be created in each company with more than 50 employees. In some high-risk sectors, the labour inspectorate can dispose of the creation of a health and safety commission in companies with fewer than 50 employees.
All professional diseases have to be declared to the Public Health Institute and all work accidents must be reported to the labour inspectorates. Vulnerable groups, such as pregnant women, young people or disabled people, are granted special protection under the law. The Labour Inspection is the competent authority to supervise the implementation of the health and safety at work legislation.
Non-observance by any person of the provisions regarding health and safety at work, leading to serious work accidents, is punished by law.
Skills, learning and employability
Skills, learning and employability
Skills are the passport to employment; the better skilled an individual, the more employable they are. Good skills also tend to secure better-quality jobs and better earnings. This section briefly summarises the Romanian system for ensuring skills and employability and looks into the extent of training.
National system for ensuring skills and employability
The National Authority for Qualifications (ANC) is a public institution under the umbrella of the Ministry of Education that elaborates the national framework of skills identification, development and recognition and manages the national register of qualifications. ANC is responsible for the monitoring, evaluation and control of the professional training and skill formation system. The trade union organisations (one representative) and employers’ organisations (one representative) are members of the ANC’s board.
Some trade union organisations have developed professional training programmes and training centres, offering training that is recognised and validated by ANC. The National Trade Union Bloc (BNS), for example, has 13 training centres, while CNSLR Fratia reports delivering skill formation and professional training through several projects financed by the European Social Fund.
At company level, the Labour Law provides that employers with more than 20 employees must elaborate and introduce, in consultation with the trade union organisation, an annual plan for employee training.
Training
At national level, the National Agency for Labour Force Employment (Agentia Nationala pentru Ocuparea Fortei de Munca, ANOFM) is the public authority responsible for organising and implementing professional training and skills formation. The social partners are represented at the level of the ANOMF. ANOFM coordinates the activity of eight regional training centres and according to its figures 41,942 persons received training in 2017, 33,500 in 2014, 32,977 in 2013 and 34,974 in 2012.
The Romanian Labour Law stipulates that employers are obliged to ensure professional training for all employees at least every two years for companies with at least 21 employees and every three years for companies with fewer than 21 employees. For professional training initiated by the employer, the related expenses are covered by the employer, while the employee benefits from paid time off for the training. However, the ECS 2013 data show that the share of employees receiving paid time off for training is minimal. The highest proportion of employees receiving paid time off for professional training is found in medium-sized companies. There is no evidence that representation at an establishment coincides with more training, but the fact that the highest proportion of employees receiving paid time off for training is in companies with 50–249 employees could be an indicator in this respect, since trade union organisations cannot be created in companies with fewer than
15 employees and collective bargaining is mandatory only for establishments with at least 21 employees. It is worth mentioning that in establishments with more than 21 employees, the employer must elaborate and apply, together with the trade union, an annual training plan.
Work organisation
Work organisation
Work organisation underpins economic and business development and has important consequences for productivity, innovation and working conditions. Eurofound research finds that some types of work organisation are associated with a better quality of work and employment. Therefore, developing or introducing different forms of work organisation are of particular interest because of the expected effects on productivity, efficiency and competitiveness of companies, as well as on workers’ working conditions. Ongoing research by Eurofound,
based on EurWORK, the European Working Conditions Survey and the European Company Survey, monitors developments in work organisation.
More information on:
For Romania, the European Company Survey 2013 shows that between 2010 and 2013, 58% of establishments with 10 or more employees reported changes in the use of technology, 49% introduced changes in ways to coordinate and allocate the work to workers and another 20% saw changes in their working time arrangements.
Equality and non-discrimination at work
Equality and non-discrimination at work
A wide range of acts provide the legislative framework that ensures equality and non-discrimination at the workplace: Law 202/2002 regarding equal opportunities among men and women; Government Emergency Ordinance 137/2000, which sets the framework for the prevention and sanction of discrimination; and the Labour Code through a special chapter regarding equality of treatment at work.
The National Council for Combating Discrimination (CNCD) is the national body in charge of ensuring equality at the workplace. CNCD’s main responsibilities are related to the prevention, mediation, investigation, sanctioning and monitoring of discrimination in all areas, including discrimination at work. The CNCD reports that in 2017, the highest number of complaints and petitions were related to discrimination at work (273 out of 682). The people being discriminated against at work can submit the complaint either to the CNCD or to a court of law.
Equal pay and gender pay gap
The national legislation compels employers to ensure equal treatment at work through different measures, including internal statute’s references that forbid discrimination. The labour inspectorates are the competent authorities in charge of applying the labour legislation, including equal pay aspects, but there are no reports or data regarding sanctions applied to companies in this matter. The gender pay gap in Romania was 5.2% in 2016. The figure is above the EU average, but the indicator is due to the difference in employment among men and women by level of education attained: the employment rate of women with primary and secondary education is much lower than the employment rate of men with a similar level of education. The share in employment is equal only in the case of men and women with tertiary education. This might encourage the conclusion that the low gender pay gap indicator is explained by the comparison between highly educated women’s wages and low-educated men’s wages. It is worth mentioning that women represent 59% of the overall number of higher education graduates.
Quota regulations
At national level, the supervisory role in the area of equality between men and women belongs to the National Council for Combating Discrimination, to the National Agency for Equality between Men and Women (ANES) and to the National Commission for Equality of Chances between Men and Women (CONES), although the latter only has a purely consultative role. ANES is a public administration institution, which since 2016 functions under the Ministry of Labour and Social Justice. ANES develops national strategies and action plans in the field of equality between men and women, and is responsible for the harmonisation of national legislation with European and international legislation. CONES is formed by representatives from the government, trade unions, employers and NGOs. CONES evaluates and monitors the implementation of the national legislation and makes recommendations for central authorities aimed at the application of specific programmes in the area of equality of opportunities between men and women. There are no quotas in place for men and women. Romania ranks high in the percentage of women in leading positions, at 47% in 2013.
Working life links
Working life links
Representative National Trade Union Organisations
- Cartel Alfa – Confederatia Nationala Sindicala Cartel Alfa (National Trade Union Confed-eration ‘Cartel Alfa’)
- BNS - Blocul National Sindical (BNS, National Trade Union Bloc)
- CNSLR Fratia – Confederatia Nationala a Sindicatelor Libere din Romania-Fraţia (CNSLR – Fratia, National Confederation of Free Trade Un-ions of Romania – Brotherhood
- CNS Meridian - Confederatia Sindicala Nationala Meridian (National Trade Union Confederation ‘Meridian’)
Representative National Employers’ Organisations
- UGIR , General Union of Romanian Industrialists
- CNPR - National Confederation of Romanian Employers (Confederaţia Naţională a Patronatului Român)
- CNIPMMR - National Council of Private Small and Medium Enterprises (Consiliul Naţional al Întreprinderilor Private Mici şi Mijlocii din România)
- PNR - Romanian National Employers Organization ( Patronatul National Român)
- CP CONCORDIA - CONCORDIA Employers Confederation (Confederaţia Patronală CONCORDIA)
- CONPIROM - Employers Confederation from Industry, Agriculture, Constructions and Services (Confederatia Nationala din Industrie, Agricultura, Constructii si Servicii din Romania – CONPIROM
Government
Data on Working conditions
Data on social partners’ representativeness and collective agreements
- http://dialogsocial.gov.ro/confederatii-nationale-reprezentative/
- http://dialogsocial.gov.ro/sector-de-activitate/
Data on employment and wages
Other relevant links
- http://asociatiaconect.ro/munca-atipica-in-romania4
- http://library.fes.de/pdf-files/bueros/bukarest/13270.pdf
- http://library.fes.de/pdf-files/bueros/bratislava/13216.pdf
- http://library.fes.de/pdf-files/id-moe/12924-20161123.pdf
- http://library.fes.de/pdf-files/bueros/bratislava/14476.pdf
- http://www.transindex.ro/images/__leo/cikkek/70638_Syndex_Situatia_salariatilor_din_Romania.pdf
Bibliography
Bibliography
Stoiciu, V (2018), 2017 Annual review of labour relations and social dialogue in south-east Europe: Romania, Friedrich-Ebert-Stiftung Regional Project for Labour Relations and Social Dialogue in South East Europe.
Chivu, L., Ciutacu, C., Dimitriu, R. and Ticlea, T. (2013), The impact of legislative reforms on industrial relations in Romania, International Labour Office, Industrial and Employment Relations Department, Decent Work Technical Support Team and Country Office for Central and Eastern Europe, ILO, Budapest.
Stoiciu, V. (2012), Austerity measures and structural reforms in Romania: Severe measures, questionable economic results and negative social consequences , Friedrich-Ebert-Stiftung, Belgrade.
Trif, A. (2014), Austerity and collective bargaining in Romania national report: Romania, Dublin City University, Dublin.
Guga, S., Constantin, C. (2015) , Analiza impactului noii legislații a dialogului social adoptate în 2011: Cercetare sociologică și juridică , Asociația Conect.
Stoiciu, V. (2016), Romania’s trade unions at the crossroads. Challenged by legislative reforms, economic crises and a power-loss of 60 per cent (PDF) , Friedrich-Ebert-Stiftung, Dept. for Central and Eastern Europe
Guga, S., Spatari, M., Chelaru, D., Situația salariaților din România (PDF) , Syndex Romania, 2018.
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