European Trade Union Institute, ETUI.

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Strikes in Romania - background summary

The right to strike is enshrined by the Constitution, but its exercise is strictly regulated by law

  • The law lays down several conditions for exercising the right to strike:
    • the compulsory conciliation procedure must have failed;
    • a warning strike must be held first;
    • the employer must receive two working days’ notice;
    • workers in the health services, pharmacies, schools, communications, radio and television sector, transport sector and essential services (gas, electricity), etc. must provide a minimum service corresponding to one-third of normal activity;
    • the same categories of persons who are prohibited from forming or joining a trade union do not have the right to strike.
  • A strike cannot be held if there is a collective agreement in force between the parties, even if the strike concerns aspects not covered by the agreement and even if the employer refuses to hold negotiations on the new disputed demand.
  • A strike can be intended only to defend the economic, professional and social interests of workers and must not be used for political purposes.
  • Exercise of the right to strike is strictly subject to collective bargaining. If, after 60 days, this has failed, the interest dispute and its compulsory conciliation are triggered, with mediation and arbitration being optional procedures for the amicable resolution of disputes.
  • The reform of collective labour relations has significantly reduced the number of disputes: from 116 in 2008 to 23 in 2012, 22 in 2013 and 19 in 2014. In 2015 there was a degree of reversal, with 35 collective disputes recorded, particularly in the industrial sector.