Working life country profile for Romania
This profile describes the key characteristics of working life in Romania. It aims to provide 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 systematically updated every two years.
The right to strike is regulated by the Labour Code and the new Social Dialogue Law. Collective labour disputes can take place at enterprise, sectoral or national level, or among groups of enterprises. As a rule, labour disputes cannot be initiated while a collective agreement is valid at the relevant level. An exception is made if the employer fails to grant, on a collective basis, individual rights provided in the applicable collective agreements and if the dispute has been initiated in a court of law and has not been settled within 45 days. At company level, the employees of a company for which the representative trade union federation to which the company’s trade union is affiliated is a signatory of a sectoral collective agreement may initiate a labour dispute if the employer refuses to adhere to the applicable sectoral collective agreement under the terms of the law.
The law also provides for a new form of industrial action – strikes against the government’s social and economic policies. These can be initiated by the representative trade union federations and confederations.
In 2020 and 2021, the number of labour disputes declined compared with previous years. This was because, owing to the COVID-19 pandemic, the validity of collective agreements was extended for the duration of the state of emergency, and for 90 days after its termination. Until December 2022, labour disputes could not be initiated during the period of validity of a collective agreement. Labour disputes are reported by the Ministry of Labour and Social Solidarity. In 2010, the National Institute of Statistics stopped reporting on strikes.
Developments in industrial action, 2012–2021
| 2012 | 2013 | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | Source | |
| Number of labour disputes | 23 labour disputes, involving 10,540 employees (71.73% participation rate): 8 resolved, 12 unresolved and 3 partially conciliated. | 22 labour disputes, involving 7,678 employees (91.57% participation rate): 11 resolved, 9 unresolved and 2 partially conciliated. | 19 labour disputes, involving 7,818 employees (59% participation rate): 5 resolved, 9 unresolved and 5 partially conciliated. | 35 labour disputes, involving 30,236 employees (52.97% participation rate): 9 resolved, 20 unresolved and 6 partially conciliated. | 30 labour disputes, involving 23,397 employees (63% participation rate): 13 resolved, 13 unresolved and 4 partially conciliated. | 21 labour disputes, involving 17,887 employees. | 26 labour disputes, involving 14,253 employees. | 26 labour disputes, involving 22,461 employees. | 6 labour disputes, involving 2,219 employees. | 2 labour disputes, involving 112 employees. | Ministry of Labour and Social Solidarity |
Note: No breakdown of resolved, partially conciliated and unresolved disputes available for 2017, 2018, 2019, 2020 or 2021. n.a., not available.
Collective dispute resolution mechanisms
The new Social Dialogue Law provides for labour dispute resolution mechanisms: conciliation, mediation and arbitration. The conciliation procedure, organised by the Minister for Labour and Social Protection or by the territorial 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 mediation and arbitration procedures.
Individual dispute resolution mechanisms
Individual industrial disputes are resolved by courts of law. The conflicting parties have the option to go through the mediation procedure. The courts competent to 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 labour disputes. A request to start a labour conflict is sent to the competent court in the constituency of the person initiating the complaint. The main aspects covered are the unilateral termination of an individual work contract, financial aspects and unilateral changes in the provisions of a work contract. By law, the maximum time it can take to resolve individual labour disputes is 10 days, but in practice it takes longer.
