Why do companies need a labor law lawyer for CLA negotiations?
Whether we're talking about a Romanian company or an EU company with operations in Romania (e.g., factory, logistics center, industrial hub), the CLA is the document that regulates, at a macro level, everything that means the employer-employee relationship, including:
- compensation
- benefits
- working hours
- leave
- workplace safety
- discipline
- internal procedures
- measures in case of conflict
A specialized lawyer can:
- Structure a legal, applicable, realistic CLA – CLAs are often copied from old templates or documents that don't reflect the current reality of the industry. The result? Inapplicable clauses, unforeseen costs, impossible obligations to execute.
- Negotiate with the union on behalf of the company – For companies with hundreds of employees, having a lawyer present in negotiations is not a "luxury," but a strategic necessity.
- Avoid abusive or non-compliant clauses – Unions may request benefits or obligations that exceed the legal framework. Without legal intervention, the company risks accepting provisions that block it financially or operationally.
- Protect the company in case of collective conflict – From the initiation of the conflict to the last procedural step, the company needs strategy, documentation, and legal positioning.
Legal process – in brief
1. Initiating negotiations (mandatory)
The employer has a legal obligation to initiate CLA negotiations if they have more than 10 employees.
2. The actual negotiations
With or without agreement, negotiations proceed over 60 days. Each proposal must be drafted, argued, and legally documented.
This is where the lawyer intervenes:
- formulates counter-proposals
- eliminates legal risks
- proposes negotiable solutions
- protects the employer's interests in relation to the union
3. Managing labor conflicts and the relationship with the union
Companies — Romanian or from the EU — often face:
- union refusal to negotiate
- exaggerated demands
- pressure actions
- public/media pressure
- strike threats
A specialized lawyer:
- verifies the legality of all documents transmitted by the union
- protects the company from abuse
- documents the employer's position
- assists management in communicating with negotiation committee members
4. Preliminary Stage: Conciliation / Mediation at the Labor Inspectorate
Before initiating a strike, there is a mandatory stage:
Conciliation of the collective conflict
This takes place at the Labor Inspectorate or the Ministry of Labor.
A lawyer provides:
- representation before the conciliator
- formulation of the company's position
- reduction of escalation risks
- possibility of resolving the conflict before a strike
5. Final drafting of the CLA
After negotiations, the lawyer:
- formulates the final text
- cleans the document of ambiguities
- ensures everything complies with labor legislation & GDPR
- prevents collective conflict during the application period
- aligns the CLA with company procedures and group policies (if the company is from the EU)
Who is this service for?
Romanian companies
Industries such as: automotive, IT, textiles, industrial production, retail, transportation, food, energy.
EU companies with operations in Romania
Real examples:
- factories with 200–800 employees
- logistics centers
- production lines
- warehouses
- companies with unionized employees
These companies need:
- legal alignment between European and Romanian legislation
- brand protection in the context of union negotiations
- minimization of operational risks
Conclusion: Why contact a specialized lawyer
A Collective Labor Agreement is a strategic instrument, not just a simple document. How it is negotiated and drafted determines the stability or instability of a company in the long term.
A specialized lawyer helps you to:
- prevent conflict
- negotiate more intelligently
- reduce hidden costs
- protect company interests
- obtain a correct, balanced, and applicable CLA
If you need negotiation, restructuring, or updating of the Collective Labor Agreement — for Romanian companies or EU entities — schedule a legal consultation.
Learn more about our labor law services.