Collective labour agreement (CCM)

A specialist lawyer can:

• Structure a collective agreement that is lawful, workable and realistic – agreements are often copied from old templates that do not reflect the current reality of the industry. The result: unworkable clauses, unforeseen costs and obligations that cannot be met;
• Negotiate with the trade union on the company's behalf – for companies with hundreds of employees, having a lawyer at the negotiating table is not a luxury but a strategic necessity;
• Avoid unfair or non-compliant clauses – trade unions may ask for benefits or obligations that go beyond the legal framework, and without legal input the company risks accepting provisions that tie its hands financially or operationally;
• Protect the company in a collective dispute – from the moment the dispute begins to the final procedural step, the company needs strategy, documentation and a clear legal position.

1. Starting negotiations (compulsory)

Yes, for employers with at least 10 employees (Law No. 367/2022 on social dialogue). However, only the negotiation is compulsory; whether an agreement is concluded depends on the parties. Where a collective agreement is in force, either social partner may initiate negotiations at least 60 calendar days before the agreement or the period of application of clauses in its addenda expires (Article 97 of Romanian Law 367/2022). This option is not a universal obligation to begin at that precise time.

2. The negotiations themselves

Negotiations last no more than 45 calendar days, a period that can only be exceeded with the agreement of the parties. Every proposal must be drafted, reasoned and legally documented.

This is where the lawyer comes in, by:

• making counter-proposals;
• removing legal risks;
• proposing negotiable solutions;
• protecting the employer's interests in its dealings with the union.

3. Managing labour disputes and the relationship with the union

Companies, whether Romanian or from elsewhere in the EU, often face:

• a union's refusal to negotiate;
• excessive demands;
• pressure tactics;
• public or media pressure;
• threats of strike action.

A specialist lawyer:

• checks the lawfulness of every document sent by the union;
• protects the company from abuse;
• documents the employer's position;
• supports management in communicating with the members of the negotiating committee.

4. Conciliation at the labour inspectorate, a compulsory step before a strike

Before a strike can be called, conciliation of the collective dispute is compulsory. For disputes at company level, it takes place at the territorial labour inspectorate (ITM). Mediation and arbitration are optional.

A lawyer provides:

• representation before the conciliator;
• a clearly argued company position;
• a lower risk of escalation;
• the chance to settle the dispute before a strike.

5. Final drafting of the collective agreement

After the negotiations, the lawyer:

• drafts the final text;
• removes any ambiguity from the document;
• makes sure everything complies with labour law and the GDPR;
• helps prevent collective disputes while the agreement is in force;
• aligns the agreement with the company's procedures and with group policies, if the company is part of a European group.

Companies in Romania

Industries such as automotive, IT, textiles, industrial manufacturing, retail, transport, food and energy.

EU companies with a site in Romania

For example:

• factories with 200–800 employees;
• logistics centres;
• production lines;
• warehouses;
• companies with unionised employees.

These companies need:

• legal alignment between EU and Romanian law;
• protection of their brand during negotiations with the union;
• minimal operational risk.