labour code articole may 2011

8/6/2019 Labour Code Articole May 2011

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Academy of Romanian Scientists

Spring Session of Productivity Commission - Dacia Renault 05-07.05.2011

Lobour Code: past, present and future

In the last 8 years, from 2003- the year of adopting of new labour code,this was modified until now from more then 9 times, but the strongestmodifications was made by OUG 55/2006 and Law 40/2011 who made morethen 75% changes from the first version of Labour Code.

Is very true the fact that during last 8 years also society had change, we pass from economical increase to a depth financial crises who change the viewof employers and also to employee.

The need of flexibility of rules was certain, financial crises show us thelimits of actual rules, a part of representants of emplyers said in 2009 that therigidity of Labour Code was one of the source of unemployment and

bankruptcy.

Without a real audit of labour legislation we cant say if is true or not, butthe numbers show the highest rate of unemployment from 2003, until now wasin march 2010, 8,6%. In march 2011 this was 6,6%, so was decrease 2 procent,

before the new flexible rules to be apply. In same time in december 2008 theunemployment rate was 3,4%, so when the market had a flood of investmentsand the economy was at the highest level from the last 50 years the labour market wasnt modified, to create new flexible form for new types of contractsof employment.


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But now, during economical contraction the guvernments decided to offer more flexibility. New rules offer more dynamic vision of labour market, theindividual contract of employment on indefinitely term remain at the level of declarations the base of labour market but incresing the duration of individualcontracts of employment on fixed term from 24 months to 36 months and evenmore (if is the need and parts accepted), incresing the trial perioad from 30 to 90days for executive and from 90 days to 120 days for management who can befinished with only a simple notification will create a real problem on long terms.

Using financial crisis for cover the real problems of social dialogue atmicro level, the new rules will deep this fracture of dialogue, who will create the

precarity level of labour market with low wages, low posibility to negociate

rights, in terms of force, where all society will be losing: the employee will havelower level of life, will spend low on cheaper products, and all economy willsuffer.

Flexicurity is a long debate concept who is based on principle of flexibility of market in same time with security of employee. Unfortunately, theromanian guvern decide only to do half of this, to flexibility of market.

In this new conditions Romania maybe will be attractive for new

investors, but is important not only the quantity of this, also the quality of them.If we decide to be attractive for investors who had a short terms vision and theonly priority is to can dismiss easily we need to think twice. Creating pools jobsin smalls comunities who became easily volatile we just create a depth structuralunemployment who will affect all regions economy.

Without a long term vision of active actions of employment politics thenew rules of flexibility Labour Code will became contraproductive. We need agood prepared labour force, with know-how of new tehnologies, adaptable of new, for who the term of long life learning to dont be only words. But for thiswe need a better schools curicullum, adaptable of market needs: high schoolsfor tehnologies and vocational schools.

Which motive I have to dont agree with new rules? Are few important Ithink:

- Increasing too much the trial period you dont need 3 months to observeif a worker arent professional prepared for a job, but you can use this


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motive to renounce at him after you solve a temporary problem whoappear in your activity.

- Temporary working agency was a chapter modified in detail, but arent

totally harmonize with Directive 2008/14/CEE for example temporaryworking agency are in vision of Romanian legislation only company notalso physical person like in Directive.

- The rules for collective dismiss arent used also for employee from publicsector, this will create discriminations.

- After a collective dismissal was abrogate the rule from which you canthire a new person minimum 9 months;

- The reference period for extra time are increase from 3 months to 4months, for who the maximal period of extra time can be until 48 hours/labour week;

- One minimum fraction of holiday can be at least 10 days from 15 daysuntil now;

- The burden of proof are now in the field of the plugger, who will agravadethe situation of emplyee, until now this was the burden of employer;

- All collective bargaining agreement will be finish from the power of lowat 31.12.2011, this act are a intruding of parts agreement.

Are also good parts in this new rules:

- The fight against black labour are increase, even apply the penalties alsoto workers will decrease the numbers of complains and can create a biger

problems for the one who needs to pay 10 minimum wages, when surethey accept black market only for lack of alternatives.

- Recurrence of graduate training;

- Creating the possibility to reduce the working week at 4 days duringcontracting activities;

- Increasing the notice period from 15 days to 20 days for executive and

from 30 days to 45 days for management;


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- Increasing the night growth from 15% to 25%;

- Recognize the all rights during trainings.

Dr.Jr. Denisa Oana Ptra cu

labour code articole may 2011

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