In the Official Gazette no. 82 /08.11.2017 was published Government Emergency Ordinance no. 82/2017, according to which collective bargaining between all employers and their employees (irrespective of the number of employees) is mandatory in order to determine the application of Government Emergency Ordinance no. 79/2017 for amending the Fiscal Code, which provides for the transfer from 1 January 2018 of social contributions from the employer to the employee, as presented below.

• In entities where there is no collective agreement / collective agreement, the initiation of collective bargaining is mandatory, for the implementation of the provisions of Government Emergency Ordinance no. 79/2017 for amending the Fiscal Code.

 

• For the implementation of the provisions of Government Emergency Ordinance no. 79/2017, collective bargaining of addendums to collective agreements and collective agreements in force is mandatory.

 

• In the units where there is no representative union affiliated to a representative federation in the sector, when negotiating the collective labor agreements / agreements or additional acts, as the case may be, may participate representatives of the trade union federation, based on the mandate of the trade union, together with the representatives employees.

 

• In the units where there is no trade union, when negoting the collective labor agreements or agreements, as the case may be, may paricipate the representatives of the employees together with a representative of a representative federation in the sector of activity or of a trade union confederation representative at national level, at the invitation of employees’ representatives.

 

The provisions in question apply between 20 November and 20 December 2017.