The act, which amends Law 62/2011, says a strike may be preceded by a warning strike, which, if it includes work stoppage, may not be longer than two hours. The employer or employers’ organizations must be notified about both types of strike at least 48 hours in advance.
The ordinance also says that holding a strike needs the consent of at least half of the total number of union members or, where the workplace is not unionized, at least half plus one of the total number of employees of the department with a work conflict.
Employees may also hold a solidarity strike, to support the demands of employees of other units, but only if both groups are affiliated with the same union federation or union center. This type of strike also requires 48 hours’ notice.
For the strike’s duration, the employer may not be prevented from carrying out their activity by striking employees and is prohibited from bringing in personnel to replace the strikers.
According to the draft, going on strike is forbidden for prosecutors, judges, military personnel in the Ministry of Defense, Ministry of Interior and bodies subordinate to these ministries, employees of the Romanian Intelligence Service, Foreign Intelligence Service or Special Telecommunications Service.
Personnel working in healthcare and social assistance units, telecommunications, railway transport, public transport, or suppliers of gas, energy, water and heating, are allowed to strike, but are required to provide at least one third of their regular service. The same goes for employees of the energy sector, local administration and prisons.
The draft will be up for public debate until July 6.