The Labour Code (Law No. 53/2003, amended and modified) creates the general legal framework for labour relations. As a general rule, labour contracts should have an indefinite duration. However, the Labour Code states that under a number of specific circumstances and strict conditions, individual labour contracts can be concluded for a limited duration/period.
A more flexible approach was enacted by G.O. No. 21/2007, whereby individual labour contracts of limited duration may be concluded by performing arts public institutions as a derogatory system from the general Labour Code provisions.
A unified system of salaries for those working in the public sector, including cultural institutions, is set up by Law No. 153/2017.
It should be noted that, in response to public demands by employees of the cultural institutions, the Government has enacted E.G.O. No. 90/2017 whereby the level of salaries was raised by 20% for local public cultural institutions (i.e. subordinated to local authorities) and by 50% for artistic personnel in performing arts institutions.
The involvement of volunteers is regulated by Law No. 78/2014 and, although article 3 para. b) lists art and culture among the public interest activities where voluntary involvement is supported by the State, there are no special provisions concerning this sector.
Law No. 62/2011 on social dialogue, amended and modified, sets up the general framework for the negotiation and conclusion of collective labour agreements. However, the law creates the framework only for collective negotiations between employers and employees bound by the existence of individual labour contracts. Thus, collective bargaining agreements which might be used by independent artists when negotiating with public or private cultural institutions or any other producer do not fall within the scope of this law. Although there are some initiatives of the independent sector to modify the existing legal framework so as to enable the creation of trade unions of independent artists and the negotiation of collective bargaining agreements, there is no clear development in this respect.
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