A CRITICAL OVERVIEW ON THE WORKERS’ REPRESENTATION IN ROMANIA
A CRITICAL OVERVIEW ON THE WORKERS’ REPRESENTATION IN ROMANIA

Summary/Abstract: The study aims to reveal a short overview on workers’ representation inRomania considering both union elected representatives and workers’ representatives. Theprotection of union elected representatives is not enough regulated in order to be efficient.The Decision of Constitutional Court no. 814/24.11.2015, regarding the unconstitutionality ofart.60 par. (1) letter g) of the Labour Code, was not subsequently followed by a correctiveregulation in the purpose of an effective protection, especially in the cases of dismissalregulated by art. 61 letter d) and art. 65 et seqq. of Labour Code. Focusing on the role ofworkers’ representation in the context of collective bargaining, where there exist in the sameundertaking both trade union representatives and elected representatives, there are notregulations to ensure that the existence of elected representatives is not used to underminethe position of involved trade unions. Also, the study aims to emphasize a short analysis ofnormative solution provided by art. 50 letter e) of the Labour Code: suspension ope legis ofemployment contract while holding a position of union leader, as long as the leader is paidby workers' union. We appreciate this regulation as excessive, rigid and inappropriate. Thus,de lege ferenda, holding a position of union leader should generate only the right ofemployee to determine suspension of contract.

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