New Regulations Regarding Social Dialogue

Law 367/ 2022 which entered into force on 25 December 2022 provides for significant amendments regarding social dialogue and repealed Law 62/2011 on social dialogue. Law 367/2022 also introduced certain provisions contrary to the Labor Code, which will be harmonized within 60 days of the publication of Law 367/2022 in the Official Gazette.

Important changes introduced by the new law on social dialogue

• Collective bargaining is compulsory in units with at least 10 employees (under the previous regulation collective bargaining was compulsory if the unit had at least 21 employees);
• The new condition for a trade union to be representative at unit level is that the number of members of the trade union or, where applicable, of the component unions of the trade union federation to which they are affiliated, must represent at least 35% of the total number of employees in a legal employment or service relationship with the unit;
• Contrary to the old regulation, which granted representativeness to only one trade union, according to the new regulation, two trade unions may be representative at the level of the unit, each of which must represent at least 35% of the total number of employees in a legal employment relationship or service relationship with the unit;
• Representation of employees in collective bargaining at unit level will be as follows under the new law:
  • by the legally constituted and representative trade union organizations in the unit;
  • at the request and on the basis of the mandate of the non-representative and affiliated trade unions in the unit, by the trade union federation to which they are affiliated and which has in the unit a number of members representing at least 35% of the employees of the unit;
  • by all non-representative trade unions legally constituted at unit level and not affiliated to trade union federations in the collective bargaining sector;
  • if there are no trade unions established at the level of the unit, by the employees’ representatives elected by a vote of half plus one of the total number of employees in the unit and specially mandated for this purpose.
• The duration of collective bargaining has been reduced from 60 calendar days to a maximum of 45 days, which may also be exceeded only by agreement of the parties;
• It is no longer necessary for members of a trade union to be in the same unit in order to form a union; under the current rules, at least 20 employees from different units in the same collective bargaining sector may form a union;
• The minimum number of employees in the same unit who can join together to form a trade union has been reduced from a minimum of 15 employees to at least 10 employees in the same unit;
• In the case of an employer where there are at least 10 employees and no trade union, the interests of the employees may be promoted and defended by their representatives, elected and mandated specifically for this purpose;
• The involvement of the employer in the election of employee representatives is regulated, thus, at the request of employees the employer will facilitate the conduct of the procedures for the election of employee representatives; employees may form an initiative group that develops procedures and/or regulations for the conduct of the election of employee representatives;
• The number of elected employee representatives is predetermined and agreed with the employer. If the parties do not agree on the number of representatives, it may not exceed:
  • 2 representatives in the case of employers with less than 100 employees;
  • 3 representatives in the case of employers having between 101 and 500 employees;
  • 4 representatives in the case of employers having between 501 and 1,000 employees;
  • 5 representatives in the case of employers having between 1,001 and 2,000 employees;
  • 6 representatives in the case of employers with more than 2,000 employees
• The unemployed have the right to join or remain members of the trade union, but will not be taken into account in determining the number of trade union members in relation to which the union’s representativeness is established;
• The express prohibition on trade union organizations to carry out political activities is removed;
• Elected members of the trade union’s governing bodies who work directly in the unit as employees are entitled to reduced monthly working hours for trade union activity, in proportion to the number of members, under the conditions negotiated in the collective agreement or contract at unit level;
• Trade union organizations are also allowed to carry out other specific income-generating activities, such as:
  • the establishment and management of training, professional certification and consultancy units in the specific areas of the collective bargaining sectors of the national economy they represent, in accordance with the law;
  • carrying out professional certification, training and reconversion activities;
• Collective labor dispute is redefined as a labor dispute between employees, represented by trade unions or elected representatives, and employers/employers’ organizations, concerning: a) the commencement, conduct or conclusion of negotiations on collective labor contracts or agreements; b) the collective non-granting of individual rights provided for in the applicable collective labor contracts, where a dispute in this respect has been commenced in court and has not been concluded within a maximum of 45 days, for: (i) at least 10 employees, if the employer has more than 20 employees and less than 100 employees; (ii) at least 10% of employees, if the employer has at least 100 employees but less than 300 employees; (iii) at least 30 employees, if the employer has at least 300 employees;
• The concepts of mediation, arbitration and conciliation are defined.

New obligations for employers

• The obligation to start collective bargaining if they have at least 10 employees and the obligation to send notice of the intention to start collective bargaining at least 15 days before the start of collective bargaining;
• The obligation to make available, during collective bargaining, certain pre-established categories of information, including:
  • the outlook for the economic and financial situation;
  • the situation, structure and estimated development of employment, as well as any measures envisaged;
  • proposed measures concerning the organization of work, working hours and working time;
  • proposed measures to promote improvements in the occupational safety and health of employees;
  • proposed measures concerning the protection of employees’ rights in the event of transfer of the unit or part of it.
• The obligation to invite the trade union representing the unit to take part in the works of the board of directors or other body assimilated to it, only when discussing matters of professional and social interest with an impact on employees;
• The obligation to inform and consult employees on the recent and probable development of the activities and the economic situation of the unit, as follows:
  • the employer shall initiate the information and consultation process after reporting the financial statements of the unit for the previous year;
  • if the employer does not initiate the information and consultation process on the recent and probable development of the activities and the economic situation of the unit, it shall begin at the written request of the employees;
• In units where trade union organizations are not established, the employer is obliged to allow a public information session on the individual and collective rights of employees to be held at least once a year at the request of the trade union federations in the collective bargaining sector of the unit concerned, with the invitation of representatives of these federations;
• Any act of interference by employers in the establishment of trade union organizations or in the exercise of their rights is expressly prohibited, and such interference must be ascertained by the Labor Inspectorate.