history of unions

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History of unions in RomaniaTrade 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.