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The New Labour Code 24/03/2011 |
(2011-03-24) |
Last updated: 2011-03-25 15:49 EET |
Although severely challenged by trade unions and the opposition, the Labour Code has now been submitted to president Basescu for promulgation, after the Constitutional Court ruled against its unconstitutionality. The Social-Liberal Union has challenged the manner in which the document was passed, as well as several of its provisions.
The opposition claims the code will usher in a form of “modern slavery”. Opposition members argue the code infringes on certain rights, such as the right to work, the right to paid annual leave, the right to salary, the right to go on strike and the right to a decent life. PM Emil Boc hailed the ruling of the Court, adding that the code will contribute to the country’s economic growth:
“The labour code will definitely contribute to getting the Romanian economy back on track. Moreover, it will make more jobs available for Romanian citizens, and allow employers to hire more easily. I can say the introduction of this Labour Code is comparable to the flat income tax, judging by the impact it will have on the country’s economic growth and labour market”.
The opposition however is unwilling to concede any ground, and announced it would further contest the code. The Social Democrats said they would appeal against the code at the Constitutional Court next week. The reason? Ruling coalition MPs were demanded to refrain from voting the no-confidence motion submitted to Parliament on March 16th, after the government had taken responsibility for the new code in Parliament for all amendments brought to the new code.
The ruling of the Constitutional Court hasn’t discouraged trade unions either. Unionists threaten to refer the issue to EU legal institutions. Vice-president of the National Trade Union Block, Oviciu Jurca explains:
“We’ve seen that, so far, street protests have had little echoes. We can only abide by the ruling of the Constitutional Court, but we do have other means of challenging its decision. There is the European Court of Justice, the Council of Europe’s Expert Committee on Social Rights and the European Court for Human Rights.”
Trade unions argue the new code brings about changes they deem “nonsensical”. Unionists disapprove of the fact that the code overemphasizes individual labour contracts over a definite period of time, while employees lay off via collective redundancies would be left with no prospect of future employment. Moreover, trade unions say workload quotas would be decided according to preferential criteria, since the law doesn’t stipulate that employers are obliged to consult trade unions in this respect.
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