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History of unions in Romania

Trade union form first appears towards the end of the eighteenth
century and early nineteenth century in England as a result of Industrial
Revolution. Initially, they were few in number, disliked or forbidden, often
functioning clandestinely.
In Romania,emergence
and strengthening of trade unions was due to industrial development and
increasing number of workers. The right of association was recognized in the
Old Kingdom by the Constitution in 1866 (article 26), in Bucovina, in 1867,
and in Transilvania in 1873 was even recognized the legality of professional
associations.
Between 1866 and 1921 the
trade union movement in Romania was very weak, almost nonexistent. This is
explained by the fact that there wasn't a law of unionsas well as by the spirit
of solidarity that is not consolidated.
The idea of a professional association was recognized in 1902
only by the Trades Act (law of Missir) which sought to develop the spirit of
association by corporation (form inspired by the German, Austrian and
Hungarian). A corporation could be establish in a city where there were 50
craftsmen and if the majority would agree. Once established, everyone else
became members. Therefore have dual character, voluntary and compulsory.
Because of the diversity of professions and interests did not give the
expected results.
In 1912 ,by a new law ,is
created a new form of organization and so the guild, formed by craftsmen of
the same occupation as a professional defense body. The Guild was binding.
Corporation, by bringing together a large number of craftsmen, offered
favorable conditions for achieving insurance action.
The first professional association in our country,
organized distinctly, appeared at the end of the XIX century, transformed into
a union, under the name of the Social - Democratic Party of Workers in
Romania, which was founded in 1893.
In
1906 a conference was held by the trade unions and social circles, which
adopted the status of trade unions in Romania. General Trade Commission
was created as an organ leader and coordinator of the trade union
movement.
In 1909, the law against
trade union prohibited the right of professional association of state officials,
counties, municipalities and public establishments. This law, however, makes
it clear that prohibits private employees to join. The preamble reads even
that their association is allowed, including to strike.
Trade union movement, which with all

prohibition progressed due to impulses given by socialist movement , was


stopped by the government as a result the strike in 21 October 1920.
Prohibition could not last long due to pressure workers and political events
that were running in Europe.
The UnionLaw in 26 May 1921 was given for
the first time a legal union movement, recognizing the existence of unions,
but put significant limitations in their work. Unions were forced to deal
exclusively with professional interests to declare themselves independent of
any politics.
This law eased up formalities, without prior notice, the
formalities for obtaining legal personality and to remove any control. Many of
the provisions of this law have been maintained in the subsequent laws.
Trade Union Law of
1921 stated that the union has the role to protect and develop their
professional interests,in moral, cultural and material without trace but with
distribution of benefits. So entertainment (agrement)companies, political and
religious unions could not be. This law recognized the right of unionization of
all occupational groups except civil servants (state employed had this right).
Therefore, it could be unions of employers, employees and self-employed.
Ensure full freedom of each person. No one may be compelled to belong, not
part or cease to be part of a union or professional association against his will.
Unions are recognized by law from 1921, the
following rights:
The right to appear in
court as a main part or the next part, not only for the damage to his
personality and own patrimony, but also its members, but about the
profession and the collective interests of its members.
The right to conclude collective
agreements;
The right to associate in
unions and union federations.
Romanian trade union
law has come until 1938, two stages:
1.
stage of a wider trade union freedoms (union law in 1921, influenced by the
French unions law developed by Waldeck-Rousseau in 1884);
2. stage of a trade union freedoms directed
(guilds lawin 1938 influenced by Italian and Portuguese corporate law) and
sought to give a new orientation union movement in Romania in that single
trade union system imposed on the profession and on land. Could not
recognize the legal personality than one guild for each category of
professions across the same land, thus one guild union in the country for a
given profession and thus is maintaining the 1921 law concept that a person
considers private guild .
In 18th of
December 1940 the guild law of 1938 has been abrogated by a law.
Dictatorship abolished the right of unionization. Censorship stop any
manifestation in the realm of workers' claims. Shortly after Romania's position

change in the context of World War II under the influence and leadership of
the Romanian Communist Party're climbing without a law unions, they started
to organize unions in all sectors including public officials and self-employed.
Thus inaugurated a new phase of trade union movement in our country that
is totally politicized unions.
The first law of trade unions after the war
came on 21 January 1945. Were reproduced 50 articles of law unions from
1921, including the free will to join the members. The novelty consisted in
providing the right of syndication of civil servants (Article 3) and the
establishment of factory committees.
General Congress of Trade Unions in February 1945
decided to set up the General Confederation of Labour (CGM) to coordinate
the entire trade union movement in the country.
Trade Unions Act of
1945 referred only to employees, not referring to moral persons under the Act
in 1921 which depart from the principle of equal treatment between capital
and labor. The Law of 1 September 1947 brought a supplement to the 1945
Trade Union Act, stating that all professional associations will not be named
by the unions, but the associations, thus recognizing them and their freedom
of association.
Trade Unions Act of
1945 provide that the law of 1921, full freedom to join or remain in the union,
but reality has shown otherwise. Employees were forced indirectly to join the
union. Any apprehension was interpreted as political hostility.
Unions invested with legal personality, had the
following rights:
the right to sue or be
sued as primary or adjacent part, not only for the damage to his personality
or his heritage, but even some facts that are not its own, but its members,
but in relation to the profession and interests collective members.
the right to acquire without prior authorization,
any movable or immovable property (free or against payment);
other material rights;
Similar to the 1921 Trade
Union Act, also included on the trade unions of the workers and individuals:
the right to conclude collective agreements;
the right to appoint delegates in all
committees of conciliation and arbitration.
Unions had the following tasks:
make labor inspection;
to participate
,with state bodies and business organizations delegates,at the
implementation of laws and regulations relating to professional schools;
to participate in the operation of public
service and free entry;
to control the application of
social security;
to establish

employment offices;
to
undertake, within the laws, any action to protect and ensure the professional
interests of members.
Union orientation towards political goals of the regime came to power
after the war, it is clear from Article entitled 'union unity "of the president of
that time of CGM, published in the magazine Life union" no. 1/1945, Now
more than ever, our unions are required to turn into real schools of socialism,
because this popular democracy plays a role which the working class by the
ruling class to consolidate and develop towards socialism.
Politicized nature of unions in the socialist period (1945-1989) was
clear from the statute that defined the framework of trade unions as
"bringing together professional organizations among them all working people
in the company or institution, in their capacity as owners of the means of
production and producers of material and spiritual. "
After
the 1989 revolution, there was Law No. 54/1991 on trade unions which was
later repealed by the current appearance Trade Law No. 54/2003 that is
guaranteed the right of people to organize themselves in trade unions, as
they can exercise without restriction or prior approval. The only limitation is
that a person can not only be part of a union.
The immediate effect of
the 1989 Revolution was to abolish the union type unique enterprise
organized on a territorial basis and replace it with unions on similar
professions or occupations. Experience has shown, however, the reverse:
fragmentation and weakening their power of resistance in confrontations with
employers. Therefore, it was necessary joining forces through mergers and
alliances union and therefore two or more unions may form a federation,
whether in the same industry or a confederation, if different branches.

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