Within Romania's legal system, trade unions represent a voluntary form of worker organization aimed at defending their rights and promoting their professional, economic, and social interests. These organizations play a crucial role in the relationship with employers, ensuring better working conditions and social protection for workers.
Definition of a Trade Union and Trade Union Organization
A trade union is defined as a form of worker organization aimed at defending their rights and promoting their professional, economic, cultural, and social interests before the employer. The term "trade union organization" includes trade unions, federations, confederations, and territorial union unions, which are formed based on workers' rights to freely associate.
Rights and Protection for Union Members
The law grants workers several fundamental rights, including:
- Freedom of Association – Employees have the right to form or join a union without any prior authorization, and this right cannot be restricted, even by employers.
- Protection Against Retaliation – Union members are protected against discrimination or any actions that an employer may take in response to union activities. For example, the modification or termination of an employee's contract due to union activities is not allowed.
- Seniority for Union Leaders – Individuals elected to leadership positions in union organizations benefit from seniority during their mandate and the suspension of their employment contract without losing legal rights.
Formation and Organization of Trade Union Organizations
To form a union, a minimum number of 10 employees from the same unit or 20 employees from different units within the same sector is required. Unions must be independent from public authorities, political parties, and employers, ensuring a high degree of autonomy in their activities.
The statutes of trade unions regulate their functioning, including the roles of governing bodies, the rights and obligations of members, and the determination of membership fees. It also outlines the procedures for reorganizing or closing a trade union, in accordance with current legislation.
Protection for Trade Union Leaders
Under the law, members elected to leadership positions in trade union organizations benefit from additional protection. They cannot be subjected to pressure that would interfere with their union activities. Additionally, they have the right to access the units where their members work in order to carry out union activities, in compliance with the internal regulations of these units.
Conclusion
Trade unions play a vital role in protecting workers' rights and promoting a balanced relationship between employers and employees. Despite the challenges encountered in the economic and political context, trade unions continue to be an important lever in negotiating working conditions and defending fundamental workers' rights.
It is crucial for workers to understand the importance of these organizations and know how to protect themselves through them.
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