“Consultation and Information Management in European Schools: Participation in the Community (CIMES)” Warszaw – 15 -17.04.2013 STUDY CASE ROMANIA Free

““Consultation and InformationConsultation and Information Management in Management in European Schools: Participation in the Community European Schools: Participation in the Community

(CIMES)(CIMES)””Warszaw – 15 -17.04.2013Warszaw – 15 -17.04.2013

STUDY CASE

ROMANIA

Free Trade Union Federation in Education – FSLI

Alexandra CORNEA, Director of International Relationship Department

This project has been funded with support from the European Commission

Free Trade Union Federation in Free Trade Union Federation in Education … ABOUT USEducation … ABOUT US

FACTS & FIGURES - A SHORT HISTORY OF FSLI

1990 year of establishment; 1991 the first public demonstration in education is held,

resulting in a 70% wage increase; 1993 FSLI became the founding member of Education International; 1996 FSLI became a member of CSDR; 1998 the biggest general strike of the Romanian education system

(5 weeks); 2004 the law initiative for directing 6% of GDP to education has

been forwarded to the Romanian Parliament 2011 FSLI start daily protests finalized with the change of the

Government


FSLI is a nationally representative trade union organization in the field of education, which includes 197,000 members organized in 59 unions at county level.

Besides trade union activity, which involves education and participation in the development of legislation, contributions to the structure and content of the reform and development of standards, statutes and strategy FSLI emphasize with continuing education and training of teachers affiliates.


Training activities represent essential elements for ensuring the vision FSLI core competencies, knowledge and skills needed to develop competitive human capital in the education system.

FSLI joined the European initiatives related to education and training designed to make qualifications, experiences and skills rated and recognizable throughout the EU.

FSLI support actions aimed at promoting greater access to learning opportunities and work in different countries and to encourage greater mobility for individuals, businesses and other organizations. FSLI has organized in Bucharest, in February 2012 a European seminar on the topic "TOGETHER FOR QUALITY AND PERFORMANCE IN ROMANIAN EDUCATION SYSTEM" attended by the director and members of the General Secretariat EQAVET (European Framework for Quality Assurance in Education and Training).


Ensuring quality in education is one of the main objectives of FSLI that implements since 2010 POSDRU/57/1.3/S/33057 project "Together for Quality in Education! Human resource development in school education through educational partnership “ in partnership with National Agency for Quality Assurance in Education.

In this project we created a National Training Center who manage a network of 8 regional centers operating in 49 certified trainers who have trained 1400 teachers in the field of quality assurance in the education system, and another 400 will receive training in 2012 – 2013 on health and safety in schools.

Implementing the Directive Implementing the Directive 2002/14/EC in Romania2002/14/EC in Romania

In Romania has been adopted since 2006, during the pre-accession period, the law establishing the general framework for informing and consulting employees, law 467/2006

According with this Law - in labor relations, workers have a general right to information and consultation, which exceeds far beyond mere communication of the contract concluded, with a wide significance, up to a real cooperation of the parties in making decisions. This right was not confined, as in common law, only on completion of the legal relationship, but continue throughout this exhibition.

General framework for informing and consulting employees in Romania general framework for informing and consulting employees is regulated by Law no. 53/2003 - Labour Code as amended and supplemented by Law especially. 467/2006 - establishing a general framework for informing and consulting employees.


Both the contract of employment, and during its execution, between the employer and employee must be conducted according to the law, a dialogue, allowing them to take the two correct decisions.

In the principle the good faith, para. (2), art. 8 of the Labour Code provides that "for the good development of labor relations labor relations participants shall inform and consult each other in the law and the collective bargaining agreements."


Communication between the individual and collective parts work being done basically three steps:AgreementConsultationInformation

as follows:the employer's obligation to inform requires that after sending the data to employees, can proceed to decision without waiting for an answer;obligation consultation requires that the employer can not take the decision without first reaction expect employees. It may take the decision but even if it is not consistent with the views of employees (organized or not in union)obligation agreement requires negotiation of each provision, employees having the right to oppose the making of certain decisions by the employer.


The general framework for informing and consulting employees under Art. 40/ 2 lit. e of Law. 53/2003 - Labour Code as amended and supplemented, the employer is obliged to "consult with the union or, where appropriate, with representatives of employees on decisions likely to substantially affect their rights and interests.“

The general framework for informing and consulting employees - If the employer intends to make collective redundancies, he shall (Art. 69 of Law no. 53/2003) to initiate timely and in order to reach an agreement as provided by law, consultations with the trade union or, where appropriate, with representatives of the employees on at least: a)ways and means of avoiding collective redundancies or reducing the number of employees to be made redundant, b)to mitigate the consequences redundancy through the use of social measures aimed, inter alia, support for retraining and retraining of dismissed employees.


The general framework for informing and consulting employees:a)the measures envisaged to limit the number of dismissals;

b)measures to mitigate the consequences of dismissal and compensation to employees to be laid off, as required by law and / or collective labor contract;

c)the date or period in which there will be redundancies;

d)the period within which the union or, if applicable, employee representatives to make proposals to avoid or reduce the number of employees laid off.


The general framework for informing and consulting employees

Information is done in a moment, in a manner and with appropriate content to allow employee representatives to consider the issue properly and prepare, if appropriate, consultation.

Employer is not obliged to communicate information or undertake consultation if they are likely to seriously harm the functioning of the undertaking or to harm their interests.

The decision not to provide this information or not be motivated to undertake consultations employee representatives. Given that employee representatives not warranted employer's decision to invoke confidentiality and not to provide relevant information or not to initiate consultations under, they can address the competent ordinary courts.


The general framework for informing and consulting employees

Employers who do not comply with the provisions of Law no. 467/2006 - establishing a general framework for informing and consulting employees may be sanctioned with a minimum fine of LEI 1000 and a maximum of LEI 50,000 (Article 9 of Law no. 467/2006). Ascertained and the sanctions are by persons authorized by the Ministry of Labour, Social Solidarity and Family or other bodies which, by law, have the right to audit.


COLLECTIVE BARGAINING

Organizing and conducting collective negotiations and the conclusion of collective agreements are regulated by Law no. 62/2011 - Social Dialogue Law.

Collective agreements can be negotiated at the level of units, unit groups and sectors (criterion of belonging to sectors is the main object of activity recorded in the trade register under NACE code). Collective bargaining is only required at the unit, unless the unit has more than 21 employees.

FACTS AND FIGURES in the last FACTS AND FIGURES in the last 5 years 5 years

20082008 Law no. 221/2008, the law through which the salaries of

education employees were increased by 33.4% have never been enforced.

This law was unanimously voted for by the Romanian Parliament and passed by the Romanian President, Traian Băsescu.

FACTS AND FIGURES FACTS AND FIGURES in the last years in the last years

20092009 The Romanian teachers wait the implementation of the

Law no. 221/2008, the law through which the salaries of education employees were increased by 33.4% have never been enforced.

FSLI sued the Romanian Government for violation of the law. We opened 100.000 trials in all the country.

All Courts in Romania have decided that the Government must apply the law and pay teachers money due.

The result of these actions: the Government decided to pay

debts to teachers in 77 years


20102010In July 2010, based on article 1, paragraph (1) in Law In July 2010, based on article 1, paragraph (1) in Law 118/2010 on the measures needed to restore the budget 118/2010 on the measures needed to restore the budget balance, the salaries in the education system balance, the salaries in the education system were were reduced by 25%reduced by 25%

20112011In 2011, through Laws 285/2010 and 63/2011, education In 2011, through Laws 285/2010 and 63/2011, education employees recovered, employees recovered, solely 11.5%solely 11.5% of the income they of the income they had lost in July 2010.had lost in July 2010.

20112011

Pay the amount due to education employees who have earned their salary-related rights in Court. In total, teaching employees who have received a decision to receive the difference of salary rights not granted, resulting from the failure to enforce Law 221/2008, have 1.4 billion euro to recover from the Romanian state. If we add the inflation rate, the amount reaches 1.62 billion euro.

Subsequently, every teacher should receive, on average, 6000 euro, but the Romanian Government refuse it.


Below, you will find some examples of salaries (net values) received by teachers in 2011, in comparison to the amounts they were supposed to receive in 2012 and the loss they suffer every month.

2011 (2011 (November & December – November & December – dayly protestsdayly protests))

In November 2011 the In November 2011 the social dialogue social dialogue was was completely suspended, completely suspended, regardless of economic regardless of economic sector!sector!

2011 2011 (November & December – (November & December – dayly protests)dayly protests)

Are more examples as regards the salary-related rights of education employees which have been breached and, for which, Romanian union organizations had to refer to courts (holiday bonus, financial aid – equivalent of 100 euro – for purchasing educational books and e-programs necessary for improving the quality of teaching, as provided by Law 315/2006 etc.).

The Romanian Government, through a series of Government Ordinances, have introduced the‚ policy’ of paying installments of the salary-related rights gained through court decisions, within 5 years.

Other demands of teachers’ unionsOther demands of teachers’ unions Solve another problem that the Romanian education system faces:

the high number of pre-school children/ pupils per groups/ classesthe high number of pre-school children/ pupils per groups/ classes. There are numerous cases in which a teacher has to look after 40 children, even though the law provides for a maximum number of pre-school children of 20 per group (art. 63 in the Law of national education).

Unfreeze jobs in education sector, considering the alarming low Unfreeze jobs in education sector, considering the alarming low number of employeesnumber of employees. We would like to underline the fact that, through art. 22 in G.E.D. 34/2009, as of April 14th 2009, a freeze was placed on occupying vacant jobs through a contest or exam; only exceptionally, can 15% of the overall positions in pre-university education system becoming vacant be occupied, on condition that the budgeted employee-related expenses are not exceeded and if the conditions laid down by the order of the minister of education are met.

At the same time, the Romanian Government started At the same time, the Romanian Government started an action which is extremely fine tuned to destroy an action which is extremely fine tuned to destroy

social dialogue in the education system and remove social dialogue in the education system and remove the union movement.the union movement.

The Government issued an order forbids the retention on forbids the retention on payment-rolls of the union-membership levy due by pre-payment-rolls of the union-membership levy due by pre-university education employees in the state systemuniversity education employees in the state system.

Through this decision, the three ministers seal the breach of several laws, which affect no less than 300,000 employees in the Romanian pre-university education system.

Consequences of infringement Consequences of infringement of DIRECTIVE 2002/14/ECof DIRECTIVE 2002/14/EC

a percentage tax higher to the legal level will be retained from a percentage tax higher to the legal level will be retained from union-member employees union-member employees because the new document makes because the new document makes impossible the monthly application of the deduction employees impossible the monthly application of the deduction employees benefit from when calculating the taxation base; benefit from when calculating the taxation base;

there there was a serious infringement of DIRECTIVE 2002/14/EC was a serious infringement of DIRECTIVE 2002/14/EC of the of the European Parliament and of the Council of 11 March 2002 European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting establishing a general framework for informing and consulting employees in the European Community, as well as the Romanian employees in the European Community, as well as the Romanian legislation and the Collective Bargaining Agreement in Education legislation and the Collective Bargaining Agreement in Education by by issuing an administrative document with a norming character issuing an administrative document with a norming character which concerns work relations and the national education which concerns work relations and the national education system, without consulting the employees’ representativessystem, without consulting the employees’ representatives. .


The union federations representative at branch level, which signed the The union federations representative at branch level, which signed the Collective Bargaining Agreement Collective Bargaining Agreement were not consultedwere not consulted in regard of the in regard of the content of the said order. content of the said order.

Pressure was put on employees to apply the new order through oral Pressure was put on employees to apply the new order through oral recommendations by the representatives of the Ministry of educationrecommendations by the representatives of the Ministry of education, , to school inspectorates, which, in turn, requested that payrolls in schools to school inspectorates, which, in turn, requested that payrolls in schools should be amended. We would like to point out that there are written should be amended. We would like to point out that there are written agreements between union members and employers for retaining the levy agreements between union members and employers for retaining the levy on payrolls.on payrolls.


The Law of National Education was breached through the introduction into the appendices to the said order of the responsibility of school inspectorates (de-concentrated public services of the Ministry of Education) to endorse payrolls issued by pre-university education institutions and units.

There is a limitation of the employees’ right to life-long training and access to using European funds for the development of human resources. Due to the extensive delays of reimbursement in European-financed projects, union organizations bear the cash flow deficit. In case the levy is no longer retained on payrolls – this is the main income source of unions - union organizations will find it impossible to carry out such projects in the future.

This Ministry’ Order was illegal, considering This Ministry’ Order was illegal, considering that the Ministry of Education alters that the Ministry of Education alters

provisions laid down by agreements entered provisions laid down by agreements entered into by employees and employers.into by employees and employers.

The orders issued by the Ministry of Education through public servants, remunerated from the

taxes and levies of Romanian tax-payers, exclusively affect union members and union exclusively affect union members and union

organizations in the public pre-university organizations in the public pre-university education systemeducation system

20122012

JanuaryJanuary and and FebruaryFebruary – – dailydaily protestsprotests of of thethe RomanianRomanian citizenscitizens againstagainst thethe Liberal Democratic PartyLiberal Democratic Party GovernmentGovernment

In the same time we sent a Memorandum letter to In the same time we sent a Memorandum letter to Comissioner Lazlo Andor and to Comissioner Androulla Comissioner Lazlo Andor and to Comissioner Androulla Vassiliou and also we requested international support at IE Vassiliou and also we requested international support at IE and ETUCE. ETUCE sent an OFFICIAL STATEMENT and ETUCE. ETUCE sent an OFFICIAL STATEMENT supporting our requests to the President of Romania and to supporting our requests to the President of Romania and to the Prime Minister. the Prime Minister.

In In FebruaryFebruary a new Go a new Govern vern (LDP) (LDP) was invested, but due to pressure from was invested, but due to pressure from trade unions and civil society is dismissed by Parliament at the end of trade unions and civil society is dismissed by Parliament at the end of April 2012.April 2012.

In May the new Social Democrat Government decided to re-launch the In May the new Social Democrat Government decided to re-launch the social dialogue at national level, and appoint a minister for social dialogue.social dialogue at national level, and appoint a minister for social dialogue.

However, concerning the important issues, the current government has However, concerning the important issues, the current government has continued to not applied the Directive 2002/14/EC and avoid initiating a continued to not applied the Directive 2002/14/EC and avoid initiating a consultation process with unions (eg. - debate on the education budget)consultation process with unions (eg. - debate on the education budget)

Changing legislation in social dialogue – re-launch the social dialogue in Romania in the context of the DIRECTIVE 2002/14/ECDIRECTIVE 2002/14/EC

Re-discussion of the Law of National Education and Teaching Staff Status

Recovering debts that previous governments have towards Romanian teachers

Negotiation and adoption of firm and unequivocal measures to support national education, given the general context of economic crisis and political situation in our country (initiating the process of regionalization)

WHAT WE WANT TO ACHIEVE THIS YEAR

Thank you!Thank you!

Documents

“Consultation and Information Management in European Schools: Participation in the Community (CIMES)” Warszaw – 15 -17.04.2013 STUDY CASE ROMANIA Free