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Law No. 10 Of 25 November 1972 Labor Code

Original Language Title:  LEGE nr. 10 din 25 noiembrie 1972 CODUL MUNCII

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LEGE no. 10 10 of 25 November 1972 LABOUR CODE
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 140 140 of 1 December 1972



+ Chapter 1 + Article 1 (1) In the Socialist Republic of Romania, the forever abolition of human exploitation and oppression, the impetuous development of the productive forces and the generalization of socialist production relations, in a continuous process of perfecting, places work-the main factor of progress and civilization-on the highest stage of social values. (2) The working people, as producers of material and spiritual values and at the same time as owners of the means of production, of all national wealth, have the right and the duty to carry out useful work for society, the well-being and interests of each one being organically linked to the well-being and development of society + Article 2 All citizens of the Socialist Republic of Romania, without any restrictions or distinction of sex, nationality, race or religion, are guaranteed the right to work, having the opportunity to carry out an activity in the economic, technical-scientific field, social or cultural, according to the skills, professional training and aspirations of each, according to the needs of the whole society. + Article 3 The full and rational distribution and use of human resources is carried out in accordance with the objectives of the country's economic and social development plan, with the requirements of the relentless increase of economic and social efficiency of work, with the need harmonious and balanced development of all counties of the country. + Article 4 Commensurate with the development of the economic basis of socialism, the introduction into production of the results of contemporary science and technique, the development of education and culture, in our country there is the gradual erasure of the essential differences between work physical and intellectual, between the way of work and life from the village and the city, and the gradual homogenization of society. + Article 5 (1) Work, under the conditions of socialist society, forms and develops between people new relationships, collaboration, self-help and mutual respect-according to the principle "all for one and one for all"-, actively contribute to the formation and Multilateral development of human personality. (2) Through joint work in industry, construction, agriculture and forestry, transport and telecommunications, scientific research, educational institutions, art, culture and other fields, for the flowering of the homeland Socialist, twinning relations are developed between the people of Romanian, Hungarian, German, Serbian and other nationalities, the moral-political cohesion of the entire people around the Romanian Communist Party is continuously strengthened. + Article 6 The appropriation in any form of the work of another and all manifestations of social parasitism are forbidden as incompatible with the socialist order, with the principles of socialist ethics and equity. + Article 7 Starting with the age of 16, each person who is fit for work and who does not attend a school is obliged to carry out, until the age of retirement, a useful work to society, which will provide him with means of existence and spiritual development. Framing in temporal work can also be done from the age of 14, and in industrial units, from the age of 15, with the consent of parents or guardians, but only for work suitable with physical development, skills and knowledge. Their. The one in question has the right and duty to continue his studies for the graduation of compulsory general education. The units that have employed young people aged 14-16 have the obligation to support them in order to continue the compulsory general education. + Article 8 (1) By framing a socialist unit, each person shall bring down the membership of the labour collective of that establishment, with all the rights and obligations arising from that quality. (2) Each member of the labor collective shall participate in the management of the unit and shall bear the responsibility to the company, both individually and together with the other members of the collective, for the proper management and development of the part of the national wealth entrusted, being obliged to consecrate its full capacity, skill and power of work to the purpose that the unit in which it works to carry out its work with maximum efficiency. + Article 9 (1) The working people of the Socialist Republic of Romania are guaranteed the right to participate effectively in the management of political, economic and social life. (2) As an expression of the addition of socialist democracy, the activity of all units is based on the principle of collective work and leadership. ((3) Participation in the management of units of persons employed shall be ensured directly or through their representatives in general meetings, committees and councils of working people, as well as in other collective management bodies and forms organized by collective participation in solving problems in the units. (4) The general assembly of working people is the superior form of collective leadership, through which working people participate in the management of economic and social activity, in the debate and resolution of the problems related to the production plans, when exercising control over the work of the governing bodies. (5) Each member of the labour collective shall have the right to participate directly in the debate and to resolve the issues concerning the organization and management of the unit in which it operates. (6) When selecting and promoting the staff, the labor collective has the right to say its opinion, so that the right man is assigned. + Article 10 (1) The planned development of the national economy-founded on a high level of social organization of work-makes it necessary for labour relations to be placed on the principle of freely consented appropriation and the consistent application of the discipline norms Socialist labor. Strict adherence to the order and discipline at work constitutes a basic obligation of every member of the working collective in enterprises and institutions, of all socialist units. (2) The collective of work, aware that any act of indiscipline damages the results of work, its own interests, is entitled, and at the same time indebted, to take firm attitude towards any deviation, and in need to seek sanction and even removal from the ranks of the collective of those who violate order and discipline and do not carry out their tasks. + Article 11 (1) For the work performed those who work receive as remuneration a part of the national income for consumption, according to the socialist principle of distribution by quantity, quality and social importance of work, in the spirit of ethics and equity Socialist. ((2) In addition to direct income, obtained by remuneration, working people benefit from the advantages and facilitations provided by social funds for the development of education and culture, health protection, by granting aid for children, as well as other actions of a social-cultural character. (3) The lifting of the material and spiritual well-being of those who work is carried out as the development of the technical-material basis of socialism, the introduction into production of the new technique, the increase in the productivity of social work and national income. (4) As a sign of appreciation from the company, the collectives or persons employed shall receive for the results which they obtain material and moral rewards. + Article 12 Working people are guaranteed the right to: rest and rest for the restoration of the workforce, for the completion of professional training and the widening of the cultural horizon; working conditions through security and labor hygiene measures, to ensure the defense of life and health; material aids in case of temporal incapacity for work and pensions; effective realization of all rights relating to work, enshrined in the Constitution. + Article 13 (1) The improvement of professional, political-ideological and general culture training is for every man of work a permanent right and duty, the performance of which depends on the results in production, employment proper, promotion to higher positions. (2) In our country the continuous improvement of professional training is an essential part of the Romanian Communist Party's policy of building socialism and communism, being a fundamental condition for ensuring active participation and skills of working people to the propassion of the socialist nation. (3) For this purpose, through the national system of improvement are created appropriate ways and forms for all those who work, in order to refresh and systematically enrich knowledge, in step with the new conquests of science and technique. + Article 14 The woman is provided with wide possibilities of affirmation in conditions of full social equality with the man, benefiting, at work equal to him, of equal retribution, of special protection measures. The woman is guaranteed the right to occupy any position or job, in relation to her training, to make her contribution to the development of material production and spiritual creation, while also ensuring the necessary conditions for raising and educating children. + Article 15 The socialist society pays particular attention to the formation of the young generation in the spirit of love for work, the appropriation of professional knowledge and skills, self-giving and revolutionary passion. The state ensures through the education system and specialized bodies the orientation, training and employment of young people, according to the capacity and personal aspirations, put at the service of the socialist homeland. Special measures ensure the protection of young people. + Article 16 (1) Every working man, participant in the process of social life, is obliged to strictly observe the legal provisions, to promote unabated the principle of socialist legality, to manifest the spirit of intransigence towards those who violate Country laws (2) The force of socialist order lies in the consciousness of the high responsibilities and duties that each has to the homeland, to the defense of the socialist conquests of the people. + Chapter 2 + Article 17 The rights and duties of each member of the labor collective within the socialist units are intended to ensure the effective participation in the responsible management of the material and financial means entrusted by the state to the collectives of working people, to the superior exploitation of the material and human resources of the country, for high economic efficiency in all the compartments of activity, in order to ensure the increase of the level of civilization and well-being of each, of all the people. + Article 18 The rights of persons in employment may not be the subject of any transaction, waiver or limitation, they are state apparatus against any violations, manifestations of subjectivism, abuse or arbitrariness. + Article 19 The person framed in a socialist unit has the following main rights: a) to be provided with a job according to the skills, professional training, aspirations, as well as the needs of the unit; b) be repaid according to the socialist principle of distribution, in relation to the quantity, quality and social importance of the work they carry out; c) to ensure its stability in work, the employment contract not being able to cease or be modified except in the cases provided by law; d) to participate in the management, organization and control of the activity of the units, to choose and to be elected to the collective management bodies; e) to benefit from the conditions created by legal regulations, including study holidays, for the lifting of professional training and the general level of knowledge, in relation to the development of science and technique and with the requirements of progress social, for the formation and development of socialist consciousness; f) to be promoted in framing categories or in higher positions, in relation to the preparation, experience, results of work, the needs of the unit, thus benefiting from the conditions created by the socialist order for the affirmation of skills and professional capacity; g) to be provided with weekly rest and paid annual holiday, to use the conditions created by the socialist society for recreation, restoration of work capacity, raising the level of culture, to benefit from facilitations for reference to rest and treatment in spa resorts; h) to benefit from appropriate working conditions, labor protection, free health care, social insurance benefits in case of temporary loss of work capacity, measures to prevent illness, restore and the strengthening of health, as well as measures for the social protection of women and young people; for this purpose, important funds are allocated to remove causes that cause occupational accidents and illnesses, for the protection of work and ease of physical exertion; i) to benefit from the pension for the age limit or in case of invalidity; j) to use the material basis of socialist units intended for cultural and sports activity; k) to associate in trade union organizations and other public organizations according to the provisions of the Constitution of the Socialist Republic of Romania; l) to apply to higher bodies, to those of jurisdiction or to any competent body, whenever it considers that it has been prejudiced in its rights. + Article 20 (1) The collective of work in each socialist unit shall bear the responsibility to the society for the maximum valorisation of the funds entrusted and the new ones created, as well as for the fulfilment of the provisions of the plan, being obliged to mobilize all material, financial and human resources to make a full contribution to the growth of the country's national economic and social development fund. (2) As a member of the labor collective, the person assigned to a socialist unit has the following main duties: a) to defend the socialist property and contribute to its development; b) to carry out the work norm and the other tasks arising from the position or position held and to respond to their fulfilment of the work collective and to the management of the unit; c) carry out any activity according to its training and the needs of the In particular situations determined by the need to ensure the proper functioning of the establishment, everyone has the obligation to participate-regardless of the position or position they occupy-in the execution of any works and in taking all the required measures needs of the establishment d) to respect the working hours, to use the work time in full and with efficiency; e) ensure the full use of production capacities, lifting labour productivity, reducing production expenses, carrying out the works entrusted, under the established quality conditions, increasing the efficiency of the unit's activity in who work; f) to respect the order and discipline at work; g) to elevate his professional qualification, the level of technical-scientific and general culture knowledge, to follow and complete the refresher courses organized or recommended by the unit; h) to observe the socialist norms of conduct in relations with other members of the labor collective, to watch their application in life, to show honor and fairness, to contribute to the strengthening of the spirit of discipline, of self-help comrade, to combat any kind of backward manifestations; i) to ensure the preservation of state and service secrecy; j) to comply with the norms of labor protection and to contribute to the prevention and removal of any situations that could endanger the life, bodily integrity or health of people or material goods. (3) Persons in employment are prohibited from receiving money from citizens or other benefits for activities performed in the framework of their duties. + Article 21 (1) The heads of the Socialist units have the duty to take all necessary measures to ensure the conditions corresponding to the normal conduct of the production process, at a high technical level and with maximum economic efficiency, to ensure a control effective in carrying out the tasks of the plan in all compartments, to concern itself with the continuous improvement of working and living conditions, to organize and support the improvement of the professional training of people in work. (2) In the whole activity, they must consistently apply the principle of collective work and management and regularly inform the staff of the establishment of the way of carrying out the tasks. (3) The leaders of the socialist units are obliged to carefully examine and take into account the suggestions and proposals made by the working people in order to improve the activity in all compartments and to inform them of the Resolution. + Article 22 (1) The rights and duties of the working people provided for in this Code are realized taking into account the specific role and conditions that industry, construction, transport, agriculture, as well as social-cultural activities, have in the process of creating material and spiritual values, in the economic and social development of the country. (2) In the sectors in which the nature of the activity requires it to be elaborated, on the basis of the principle of this code, statutes to be approved These statutes will provide for specific rules on employment relationships, rights and duties of staff, criteria for framing and promotion, discipline in work and responsibilities, working hours and other specific rules. the respective field of activity. + Article 23 (1) The working people of industry have particular responsibilities to the entire people, arising from the role that this ruling branch of the national economy has in ensuring the general progress of society. (2) Industry workers, the ruling branch for the entire economy, have the duty to ensure the high pace development of this branch, with a view to an increased contribution to the creation of national income-the safe basis for increasing welfare all the people + Article 24 In carrying out their tasks, the collectives of working people in industrial units have the duty to ensure the superior valorisation of the resources available to them, the raising of the technical-qualitative level of production, the continuous increase of labour productivity, increasing economic efficiency in all activity compartments. + Article 25 Each member of the industry's workforce has the task of carefully managing the material and financial means to which he responds, to make every effort to reduce specific consumption, the intensive use of fixed assets, the introduction of the latest conquests of science and technology into production. + Article 26 (1) The collectives of industry workers, the conductions of industrial units, have the duty to ensure the rational organization of each job, the manufacturing flow as a whole, the application of modern procedures in the management of production, to stimulate and capitalize on the creative initiative of workers, engineers and technicians. (2) In each socialist establishment must ensure the full use of the workforce, the organization of the continuous qualification and policalification of the workers, the just organization of the exchanges, the full use of working time, the observance rigorous discipline in work. + Article 27 Working people in industrial units have the right to pay according to the quantity and quality of work performed and depending on the place and importance that each branch of industrial production has in the development of the country. + Article 28 Working people in the industry benefit, under the law, from rewards for outstanding results achieved in promoting technical progress, invention activity, innovations and rationalizations, savings of material raw materials and energy, according to own contribution to meeting the objectives of the plan and increasing economic efficiency. + Article 29 People in industry units benefit from appropriate measures of safety and hygiene of work, work equipment and protection, and those who work in harmful and dangerous conditions, reduced working hours, bonuses to salary and additional leave, according to the law. + Article 30 (1) The working people of construction must ensure the rational use of the national development fund for the vast investment program, the lifting of new industrial, agricultural, housing, or other social-cultural constructions, ensure the smooth execution of the new objectives. (2) For this purpose, the collectives of working people have the duty to ensure the rise of the degree of mechanization and industrialization of works, the reduction of execution deadlines, the improvement of the quality of works, the increase of productivity and efficiency labor. (3) The working people on construction sites have the obligation to manage with high sense of responsibility the funds entrusted, to liquidate the waste of materials, to ensure the strengthening of the discipline and the full use of working time. + Article 31 (1) The persons employed in the construction units shall be entitled to a remuneration of the work established on the basis of the general principles of remuneration, depending on the importance and complexity of the works executed. (2) Persons who have made a special contribution to the teaching and commissioning of the objectives before the planned deadline, with the realization of established technical-functional indicators, benefit from material and moral rewards, according to the law. (3) Non-public personnel on construction sites, those who travel for assembly, revision and repair works, those who work on objectives located in areas with special conditions, benefit from bonuses to salaries, facilitations to accommodation and transport, according to law. + Article 32 (1) In the Socialist Republic of Romania the main means of production in agriculture-, animals and plantations represent, regardless of the form of property, a national wealth, in whose judicious use by agricultural workers and forestry is vitally interested the entire people. (2) The working people of agriculture and forestry have the duty to highlight the full productive potential of the land and forestry fund, to be concerned with the removal of any forms of waste and degradation of agricultural land, of the fund forestry, to ensure the development of animal husbandry and production, in order to continue the continuous increase of agricultural production, labor productivity, abundance of agri-food products. (3) Each agricultural worker must be concerned with making the most of the possibilities created by the efforts of the whole society, for the widespread application of the conquests of science and advanced technique in agricultural production, expansion of complex mechanization, chemistry and irrigation. + Article 33 (1) The workers of the state agricultural units must ensure the rational use of the funds invested and the new technique, achieve high labor productivity and increased profitability, so that the state agricultural units constitute a model of scientific organization of agricultural production. (2) The working time and the organization of production and labor, the system of retribution in these units, shall be established according to the specific needs of agriculture, pursuant to the legal provisions. + Article 34 (1) The persons employed, on the basis of employment contract, in the state agricultural units, in forestry, in agricultural production cooperatives, inter-cooperative associations and other forms of association and cooperation benefit from the rights, the advantages and facilitations provided by law for all categories of persons employed in state socialist units. (2) For the results obtained in fulfilling and exceeding the agricultural production plan, the working people of agriculture benefit from additional retribution. + Article 35 (1) Agricultural cooperatives of production ensure the union of peasant efforts and the intertwining of their interests with those of all working people, of the whole society. (2) The cooperative members have the duty to contribute to the strengthening and defense of public property, to the prevention and removal of waste and poor management of material and financial means, to the strengthening of the collective spirit of labor, order and legality, in order to manage with the maximum return of own funds, as well as the aid granted by the socialist state, in order to make an increased contribution to the achievement of the general progress of the country. + Article 36 (1) The work reports from the agricultural production cooperatives shall be established for the cooperative members by their own statutes. (2) The members of the agricultural production cooperatives shall be entitled to remuneration corresponding to the quantity and quality of work carried out, with the results obtained, to material aids for old age, temporary incapacity for work, birth, death, as well as and pension for the age limit, invalidity or survivor, under appropriate conditions of employment protection and support in order to improve vocational training, under the conditions established by law and statutes. (3) The members of the agricultural production cooperatives, the pensioners of the agricultural production cooperatives, as well as their family members benefit from free medical assistance, maintenance in hospitals, medicines and materials, under the law. + Article 37 Staff employed in transport and telecommunications must ensure the proper functioning and safety of transport and telecommunications through the correct, demanding and timely fulfilment of service duties, to ensure regularity and continuity of transport, to watch over the integrity of the goods and values they have in storage, to prevent any act that could endanger the safety of persons, transported goods and movement, to household with maximum yield the means of production, installations and machinery entrusted, raise the level of service to the population. + Article 38 (1) Depending on the working conditions and requirements of these branches, the working time is determined taking into account the profile and specificity of the unit, on shifts, shift, turnus and exploitation program. (2) In addition to the provisions laid down in this Code, specific rules regarding the employment, promotion and discipline of personnel shall be laid down. + Article 39 Persons employed in transport and telecommunications units benefit, according to the specific conditions in the sectors in which they work, of salaries and allowances, service uniforms-the value of which is partially or fully borne of units-, reduced working hours in certain jobs and other rights, according to the law. + Article 40 (1) The personnel assigned to the commercial and service units shall be obliged to provide the population with good quality goods and services, to ensure the prompt and irreproachable satisfaction of its requests. (2) Trade and service workers must be permanently concerned with the extension of the technical-material basis and the location of the network according to the needs of the population, the continuous modernization of the sales process, keep a permanent link to production in order to ensure the assortments requested by consumers. (3) Staff working in foreign trade activity are required to make every effort to broaden and diversify economic exchanges with abroad, as well as forms of economic cooperation, increasing the efficiency of the whole foreign trade activities. + Article 41 Each person assigned to a commercial establishment or service provider must comply with the legal norms regarding the sale of goods and the performance of services, to have a careful, dignified and appropriate attitude towards citizens, to give Proof of honesty and fairness. + Article 42 The retribution of trade and service workers shall be made according to the volume of the debauctions and the works carried out; the working hours shall be determined-in accordance with the provisions of this Code-according to the needs of satisfaction in good conditions of population requirements; workers in this sector benefit from specific measures to protect work, to compensate for working time carried out on weekly rest days and on public holidays. + Article 43 The teaching staff has the duty to perform the role and functions that return to the teaching in the Socialist Republic of Romania, to ensure the thorough training of the youth and to educate him in the spirit of love towards the socialist homeland, compared to work, to contribute to the preparation and improvement of the necessary frameworks, in close connection with the current and perspective requirements of the economic and social development of the country. + Article 44 The teaching staff has the obligation to actively contribute to the organization and improvement of the education, in relation to the requirements of economic, technical-scientific and cultural progress; to ensure a close connection between the practical training of the youth; to achieve an organic link between education, science and production; to participate in the activity of spreading science and culture among the masses from cities and villages. + Article 45 Within the legal working time, the staff in education have the obligation that, once with teaching work, they also carry out educational, scientific activity to guide the practice in production of the youth, in order to fulfill their best practices. conditions the duties he has towards the educational institution in which he operates. + Article 46 (1) In order to carry out a higher level of training-educational and scientific activity, the teaching staff has the right to use all the conditions created for the continuous improvement of his professional and ideological training; use in educational and scientific research the full endowment of educational institutions and bases; to capitalize on the results of its scientific activity by applying them in practice; to publish textbooks and courses as a result of the teaching and scientific activity; to participate in research activities in research institutes and centres, laboratories and in complex research programmes. (2) Teachers have the right to be part-under the law-of professional associations and scientific societies and to carry out activities in accordance with the statutes of these organizations. + Article 47 (1) Scientists have the duty to harness their entire creative capacity and the full potential material made available by the socialist society to increase their contribution to the development of the solutions required by the forward-going of society and First of all, in solving the problems directly related to the development of material production. (2) The researchers must make an increased contribution to the development and enhancement of the energy and raw materials base, to the improvement of technologies and to the modernization of products from all branches, to the creation of new materials and of high technical equipment. + Article 48 Each researcher must be constantly concerned with shortening the duration of the research cycle and completing research by introducing the obtained results into production; a permanent link to the creative activity of the producers of material goods, with specialists working directly in production, to develop contract-based relations with productive units, as an important condition of increasing the efficiency of the research undertaken. + Article 49 (1) In the Socialist Republic of Romania the scientists rejoice in their creative activity of material support from society; they have the right to freely express their scientific opinions, to highlight their entire creative spirit, carrying out their research according to their own assumptions or working methods; scientific researchers are assured the possibility to capitalize on the results of the research carried out, in order to contribute more to the overall progress of the the country; they receive support for the permanent improvement of the preparation of specialty and ideological, of the rights arising from the activity of scientific creation, under the law. (2) Scientists may, under the law, be part of professional associations and scientific societies and carry out activities in accordance with the statutes of these organizations. + Article 50 In carrying out the tasks of high social responsibility that come to them, people of culture and art must actively contribute, through their entire work of creation, in close connection with life, with the requirements of building socialist society multilaterally developed, to the spiritual progress of society, to the rise of the cultural level and the socialist consciousness of the people. + Article 51 (1) The people of culture and art enjoy the freedom of creation, the full manifestation of their personality and talent, put at the service of the ideals of socialism, democracy and social progress. (2) They have the right to capitalize, according to the specificity, the works of creation, the protection of non-patrimonial personal and patrimonial copyrights being guaranteed according to the law. + Article 52 In order to promote creative activity, people of culture and art, publicists, have the right to associate, under the law, in unions, associations and creative societies. + Article 53 By its own statutes, the organization and functioning of unions, associations and creative societies, the rights of members on pensions, aid and other forms of social insurance are established. + Article 54 (1) Health care personnel have the duty to put their entire work power and specialized knowledge in the service of improving the health of the population from cities and villages, to ensure work capacity and of the creation of men, in order to ensure their harmonious development, so that they fully enjoy the benefits of socialist civilization. (2) The workers in the field of health care are obliged to ensure the judicious use of the material base and the other conditions created by the society in order to continue the quality of the medical assistance. + Article 55 In the exercise of his profession, health personnel have the duty to manifest a deeply human attitude, to perform with abnegation their duties; to respect the norms of professional ethics; to contribute to the defense and enhancement of dignity professional. In the organization of the working hours and the entire activity of the health personnel will be considered the need to ensure promptly and in good conditions the medical assistance of the population. + Article 56 (1) The workers in the field of health care are provided with conditions for specialization and improvement in order to permanently introduce in medical practice the latest conquests of modern science and technique. (2) Health personnel working under special conditions shall have the right to reduced working hours, additional holidays, as well as, as the case may be, to allowances and bonuses to salary; those sent in actions to combat epidemics or other Special actions also benefit from other rights provided by law. + Article 57 In order to ensure proper medical assistance in all localities of the country and to stimulate medical-health personnel operating in rural areas, under special working conditions, facilitations and rights are granted, according to legal provisions. + Article 58 (1) The personnel assigned to ministries and other central bodies, in the local bodies of the state administration, in the judiciary, the prosecutor's office and in other institutions shall have the main duty to serve the interests of the people, to advocate vigorously for The achievement of socialist legality, to contribute effectively to the smooth running of all economic and social activities of the country, being accountable to the working class and all the people of how they perform their tasks. (2) The personnel in the state apparatus shall have the obligation to advocate, in order to increase efficiency and operativeness in work, to combat any manifestation of bureaucracy and to contribute to the continuous improvement of its activity. + Article 59 (1) The staff in the state apparatus must have a permanent and direct connection with the working people in whose service they are and whose legal interests must serve them with devotion. (2) He has the duty to settle with the competence and within the legal deadlines the requests, complaints, referrals and proposals of citizens. + Article 60 The staff in the state apparatus shall benefit, according to the law, from all the rights necessary to exercise, in the best conditions, the duties with which it is invested; in the exercise of these duties they enjoy the protection of the law from those which prevents him, in any form, from carrying out his duties. + Article 61 (1) The personnel in the state apparatus shall lodge a pledge of loyalty to our socialist state, to the working class and to the entire people, by which they undertake to perform in the best political conditions. the party and the state in its field of activity, strictly observe and fulfill with the sense of responsibility all the duties of service entrusted to it. (. The functions for which the oath of loyalty is deposited shall be determined by the status of the personnel of the State apparatus, in accordance with the provisions of this Code. + Chapter 3 + Article 62 (1) The selection and preparation of the cadres, their distribution by branches of activity, shall be made in accordance with the provisions of the single national plan of economic and social development. (2) The employment of a person in a state socialist unit shall be done in relation to the needs of the establishment, taking into account the skills, professional training and its preferences, as well as the fulfilment of other work-specific requirements on who are to perform it under the law. + Article 63 (1) Incadres in work shall be based on the verification of professional skills and training, by practical test, examination, competition or trial term, under the conditions provided by law. The test period shall be no more than 15 days, and for driving positions, no more than 90 days. (2) To those who are to be employed must be given a medical examination to determine whether the state of health allows them to perform the work entrusted to them. Also, the medical examination is mandatory for those transferred to jobs that can be occupied only if the legal requirements of sanitary order are met. + Article 64 (1) Incadres in work are carried out by the conclusion of an individual employment contract. The individual employment contract is concluded in writing and will include clauses on the obligation of the person assigned to work to perform his duties, in compliance with the order and discipline, the laws, the duty of the unit to ensure conditions corresponding to the proper performance of the activity, to pay in relation to the work performed and to grant him the other rights due to him, as well as other clauses established by the parties. (2) In the contract it will be specified whether the person framed is to carry out activity in a certain specified radius or in localities where the interest of the service requires to be sent. + Article 65 The employment of each person will be brought to the attention of the collective in the compartment in which they are to work, indicating his rights and obligations, the tasks he has to perform, as well as the norms of protection of labor. + Article 66 (1) The person in employment may be delegated or seconded by the management of the unit to perform certain works outside his or her place of work, under the conditions provided by law. ((2) The delegation may be made for a period of no more than 60 days, and the posting for no more than 6 months. In order to ensure the proper functioning of the unit to which it was delegated or seconded, the management of the unit to which it belongs may extend the delegation or posting by no more than 60 days and 6 months respectively. (3) In the cases and conditions provided by law, the posting may be made up to 2 years. In such situations will be granted to those concerned and some additional rights according to the legal provisions in force. + Article 67 (1) For the duration of the delegation, posting or temporary passage into a work other than that provided for in the employment contract, the one in question shall retain his previous position and salary. (2) When the posting or temporary transition into another work is done at a work for which a higher salary is established, the person seconded or temporarily passed into another work is entitled to this salary under the conditions provided by law. + Article 68 The person delegated or posted in another locality, as well as the one whose activity is carried out within the framework of regular or permanent trips, are entitled to the payment of transport and accommodation expenses, as well as to an allowance under the conditions provided by law. + Article 69 The person in employment can be transferred in the interest of the service, as a rule in another unit in the same branch, in order to properly function it, or on request, under the law. The transfer in the interest of the service may not take place if the person to be transferred does not agree for health reasons, proven with medical certificate, as well as in other duly justified situations. The decision on the merits of the reasons is the competence of the superior hierarchical body. + Article 70 (. The contract of employment shall be concluded for an indefinite period. (2) In certain situations, the employment contract may also be concluded for a fixed term, in the case of replacement of the holder of a post temporarily absent from the service and to which the unit is obliged to keep his post, for the preservation of a work with seasonal nature as well as other activities of a temporary nature. Persons with an indefinite employment contract shall, accordingly, apply the provisions of this Code, taking into account the specificity of the activity and their seniority. + Article 71 In the case of sending to a school or qualification or refresher course with removal from production the employment contract is completed by an addendum in which the duty of the person employed to work in the unit after graduation is provided the school or the course of a certain period established by law. + Article 72 (1) For persons who, being employed, are called to satisfy their military service, the employment contract is maintained, and this period of satisfaction of the military service enters into the calculation of uninterrupted seniority in the same unit; the one in the case has the obligation to return to work within 30 days of the satisfaction of the military service. (2) In case of satisfaction of the military service by a person with whom the addendum provided in art. 71, which is in the period of work established by that act, the duration of the military service does not enter into the calculation of the time provided for in the Also, this duration does not enter into the calculation of the internship period in the work provided for graduates assigned to production, who have the obligation to carry out such an internship. + Article 73 To the position of the heads of units and other management staff established by the ministries, the other central bodies and the executive committees of the county folk councils and the city of Bucharest, in the employment contract, outside the clauses provided for in art. 64, will be included; their commitment and liability to preserve, defend and capitalize on a higher level the goods entrusted; to return-to the deadlines and under the law-the value of the material means that the state has put to the provision of the collective of work they lead; to teach, when appropriate, the material and money funds to which they respond; to take the necessary measures for the proper management of the unit, for the introduction of the new technique and the technologies advanced and increase the economic efficiency of the whole activity + Article 74 When the persons referred to in art. 73 the surrender and the minutes of the material and monetary funds to be answered will be carried out; the surrender-takeover is made in the presence of a special commission constituted by the superior hierarchical body and of which it is part and the delegate of this organ. + Article 75 (1) The promotion of the person employed in positions or higher categories shall be made in relation to the needs of the unit, taking into account the conditions provided for the occupation of the post, the personal qualities, as well as the results obtained in carrying out tasks The promotion is based on practical test, exam or competition, according to the legal provisions. (2) The promotion to management positions shall also take into account the political training, organizational and leadership skills of those to be assigned to such positions, as well as the assessments and recommendations of the collective work in which they have worked. + Article 76 (1) Between the establishment, on the one hand, and the collective of working people, on the other hand, a collective agreement is concluded, aimed at contributing to the higher organization of work, to strengthening and mobilizing all efforts to fulfill the plan, to the continuous improvement of the working and living conditions in the unit. (2) The collective agreement establishes the measures that the labor people's collectives and the management of the unit undertake to take in order to better use the production capacity, the increase in labor productivity, the reduction of consumptions specific and cost price, as well as for obtaining savings and benefits above the planned level, improving product quality, increasing the efficiency of economic activity. + Article 77 (1) The collective agreement establishes, under the conditions provided by law, the forms of remuneration, of material stimulation for the savings made during the year, the use of funds that remain at the disposal of the unit as a result of overcoming the tasks of the plan, for the execution of social investments: housing, changing rooms, bathrooms, nurseries, hostels, dispensaries, canteens-restaurant and similar ones; the realization of objectives of protection of work, cultural and sports. (2) The collective agreement discussed and approved by the general assembly of working people shall be signed from the unit, on the basis of the empowerment of the collective management body, by its leader, and from the collective of people of the labor, by the union committee chairman. + Article 78 (. The collective agreement shall be concluded annually. The provisions of the collective agreement shall apply to all persons employed in the establishment. ((2) Ministries, other central bodies or economic plants, as the case may be, may conclude with unions unions on the branch collective employment contracts for a period of up to 5 years, comprising the main measures in order to achieve the provisions of the plan, the application of labor law, the improvement of working and living conditions in the units in the respective sectors, as well as the necessary measures in order to carry out the provisions of collective agreements + Article 79 Failure to fulfill the obligations assumed by the collective agreement constitutes, for those who are guilty of it, regardless of the position or position in which they were assigned, a violation of the duties of service, which attracts, as the case may be, liability disciplinary, material or criminal. + Article 80 The ministries, the other central bodies and the executive committees of the county folk councils and the city of Bucharest, together with the corresponding union bodies, control the legality of the provisions of the collective agreement and the which are brought to fruition. + Article 81 (1) In the Socialist Republic of Romania, as the technical-material basis of socialism, the increase of national income is developed, the continuous lifting of national income is ensured, the continuous lifting of the living standards of those who work, of all people. (2) Through the remuneration system, established by law, the harmonious combination of the personal interests of each with the interests of the whole society is achieved, obtaining income in relation to the concrete contribution that each working man brings to economic and social-cultural activity. + Article 82 (1) When determining the remuneration of persons employed, the national income shall be considered rational, the achievement of an optimal ratio between the national fund of economic and social development and the consumer fund, in order to progress uninterrupted of the national economy, as an essential condition of the continuous lifting of the people's living standards. (2) Remuneration is made by the quantity, quality and social importance of work, ensuring equal pay equal work. In order to ensure the incentive role of the salary, the remuneration shall take into account the complexity of the work, the liability and the degree of application they involve, the level of professional training and the seniority required for fulfilling that work; it is also aimed at ensuring proper proportions between the high and low salaries of people in work, according to the state of development of the national economy and the principle of equity Socialist. + Article 83 The law establishes, in accordance with the planned development of the economy, the minimum wage, taking into account the level of labor productivity, of national income, aiming to meet the always growing needs of working people and family members. + Article 84 (1) The tariff rate of employment is granted in relation to the degree of performance of the work tasks, so that it is an incentive for those who perform their duties in good conditions. Those who achieve outstanding achievements in work have the opportunity to achieve higher incomes, and those who do not meet their work obligations are to directly bear the consequences of a failure. (2) The full failure to complete the tasks entails the corresponding reduction of the salary within the limits established by law In case of subsequent work-related performance, the amount withheld from the salary shall be returned in whole or in part, as appropriate, according to the law + Article 85 (1) If persons in employment cause rebuts from their fault, they respond according to the law. (2) If the challenge of the rebuts is repeated, the one in question will be switched to a job of a lower category; if and at the new job it will continue to cause rebuttals, it will be possible to open his employment contract, as improper in the work. + Article 86 In exceptional cases, when, for technical reasons or other reasons, the production process has been interrupted, the persons employed will be paid 75% of the employment tariff rate for that time provided that the cessation to be produced without their fault and if during all this time they remained at the disposal of the unit. + Article 87 ((1) The payment of the salary shall be made periodically, at the interval of no more than (. The money rights due to the staff shall be paid before any other obligations of the establishment. (3) The due consideration for the work performed may be subject to detentions only in the cases and conditions provided by law. + Article 88 In order to ensure the stability of the cadres, the persons employed benefit from bonuses to salary in relation to the uninterrupted seniority in the same unit. + Article 89 People who operate in jobs with harmful or dangerous conditions benefit from bonuses to salary according to legal provisions. The heads of the units are obliged to take measures to eliminate the causes that cause such situations, to ensure normal working conditions, without danger of accidents and professional illnesses. + Article 90 In order to increase the initiative and efforts to increase the economic efficiency of the production, taking into account the good results achieved in the work, in contrast to the achievement of qualitative indicators, to the promotion of technical progress and application innovations, for the realization of savings of materials and labor, are granted annual gratification or, as the case may be, prizes during the year. + Article 91 (1) With a view to the scientific organization of production and work, rational use of working time and personnel, the duties and obligations at each job will be specified; the leaders of the socialist units have the obligation to establish scientifically substantiated work norms, to determine the concrete tasks of each person assigned to work. ((2) The achievement of remuneration by quantity and quality of work is closely linked to the normalization of work, which contributes to the fullest value of the technical endowment of the units, to the discovery of the reserves of increasing labor productivity and cost price reduction. + Article 92 The work norm expresses the amount of work for performing operations or works by a person with appropriate qualification, who works with normal intensity, under the conditions of determined technological and work processes. It includes the productive time, the time for interruptions imposed by the conduct of the established technological process and the rational organization of work, the time for rest within the work program. + Article 93 (1) The labor norm applies, according to the specificity of the activity carried out in the economic, social-cultural and state administration units, in all categories of personnel-workers, technicians, engineers, economists from administrative work-both for those paid in the agreement, and for those paid in directing. (2) The rules of work shall be expressed-depending on the characteristics of the production process or of the activity which is cloudy-in the form of rules of time production norms, personnel rules, spheres of attributions or in other appropriate forms the specifics of each work. + Article 94 (1) The unified labor norms shall be elaborated by the ministries and other central bodies, the executive committees of the county folk councils and the city of Bucharest, and the local labor norms, by each state socialist unit for own needs, in all cases with the consent of the corresponding union bodies. (2) As a result of the introduction of technical progress, the improvement of the professional training of the staff and the application of technical and organizational measures that lead to the modification of the amount of work necessary to carry out the works, Increasing labour productivity, labour rules will change accordingly, in order to ensure full consistency with the new conditions created. + Article 95 The management of the units and compartments of work have the duty to inform the personnel, in a timely manner, the duties assigned to each of them, the established labor norms, to carry out the necessary training in order to know and to acquire them, to ensure the technical and organizational conditions envisaged in the elaboration of the rules. + Chapter 4 + Article 96 The new socialist labor relations and the process of achieving the objectives of the developed multilateral socialist society require, in all spheres of activity and for each member of the labor collective, the need to strictly observe discipline, exemplary performance of service tasks. + Article 97 People in work have the duty to carry out exactly and in time their obligations in workplaces, to meet the objectives of production plans, plans to organize the entire activity and those to improve labor. They have the duty to act conscientiously to increase the efficiency and improve the quality of the products, to carry out the obligations arising from collective and individual employment contracts, the regulations of organization and operation of the units, the internal order regulations, as well as from the provisions received from the heads of units and the hierarchical heads. + Article 98 (1) The governing bodies of the socialist units have the duty to take the necessary measures for the organization at an appropriate level of production and labor, to prevent deviations from the order and discipline of socialist labor to act against any lack of responsibility of negligence and waste, of any acts that bring damage to the obstesc property. (2) The collective management bodies of the socialist units, together with the trade union committees, will develop regulations of inner order, in which they will establish the duties to be observed by persons employed and the measures what is required in order to ensure the socialist discipline of work. + Article 99 In order to perform in the best conditions of their duties, as well as for outstanding achievements in the fulfilment of individual and collective commitments, persons employed may receive, according to the legal provisions, the following rewards: a) the granting of steps or gradations to the tariff salary with the reduction of the minimum age provided by law; b) gratification, prizes and other material rewards; c) orders, medals, honorary titles, honorary diplomas, badges, distinctive titles; d) enrolment in the book of honor, on the painting of honor, highlighting in work, verbal contentment or in writing. + Article 100 (1) Violation with guilt by the one employed-regardless of the position or position he occupies-of his obligations, including the norms of behavior, constitutes disciplinary misconduct, which is sanctioned, as the case may be, according to the law, with: a) reprimand; b) warning; c) withdrawal of one or more gradations or pay steps for a period of 1-3 months or, in the case of those classified with the salary at the basic level, diminishing it by 5-10% for the same period; d) reducing the salary and reducing the driving allowance for 1-3 months, by 5-10%; e) relegation to function or category-within the same profession-for 1-3 months; f) disciplinary dissolution of the employment contract. (2) In the case of violation of the rules on order and discipline at work, the collective of the compartment to which the guilty person belongs may take into debate the deviation of the saviour and ask the management of the unit to apply sanctions disciplinary, including the dissolution of the employment contract. + Article 101 (1) The disciplinary sanction shall be established and applied by the collective management body or, as the case may be, by the head of the unit or department of work, under the law. (2) Against disciplinary sanction may be made complaint within 30 days from the communication of the sanction decision. + Article 102 ((1) The defense of the material and spiritual values of socialist society is a fundamental duty of all working people. People in work are responsible for the damage to the obstesc damage and in connection with their work. (2) They do not respond to the losses inherent in the production process falling within the limits provided by law, the damage caused due to unforeseen causes and which could not be removed, or in such other cases where the damage was caused by the normal risk of service or force majeure. + Article 103 (1) In determining the material liability, the damage to be repaired does not include the benefits not realized by the unit as a result of the act enjoyed by the one employed. (2) When the damage was caused to the unit by an act constituting a crime, the liability is established according to the criminal law. In this case, the amount of damages shall also include the unrealised benefits. + Article 104 Persons employed are obliged to know the legal provisions related to work, the operation of installations, the use of tools, raw materials, materials and also to apply these regulations rigorously. + Article 105 (1) When the damage was caused by several persons, the liability of each shall be determined taking into account the extent to which it contributed to its challenge. (2) If the extent to which each has contributed to the challenge of the damage cannot be determined, the liability of each of the persons shall be determined in proportion to its net framing tariff, from the date of the finding of the damage and, where applicable, and in function of the time worked since the last inventory of the goods. + Article 106 The person who collected an unowed amount is obliged to refund that amount; if he received goods that were not due to him and which can no longer be returned to his nature or services to which he was not entitled, he is obliged to pay their value, calculated under the law. + Article 107 (1) The obligation to pay the damages or the value of the goods, as well as to the refund of the amounts collected without right, is made by imputation decision issued by the head of the unit; when the payment or refund is to be made by the ruler the unit or other persons employed by the higher hierarchical organ, alone or together with other persons, the imputation decision shall be issued by this body. ((2) In order to cover the damage to the unit, as well as for the refund of the amounts or the payment of the value of the goods that can no longer be returned in kind or the unowed services, the one in question may make a payment commitment in writing, which constitutes enforceable title. + Article 108 (1) The material liability for damage caused to the unit may be determined only in cases where it was found no later than 3 years after the date of its production, and in case of restitution of the amounts or of the value of the goods or services unowed, no later than one year after the date of receipt of the amounts or goods or since it benefited from unowed services. (2) The deadline for issuing the imputation decision shall be no more than 60 days from the date when the decision was made to issue the decision. (3) The imputation decision shall be reasoned and shall mention the time limit within which the competent body may be challenged and shall settle it. It shall be communicated, within 15 days from the issue, to the one liable for payment or refund and shall constitute enforceable title from the moment of communication. (4) After the expiry of that period, the damage shall be charged to the person responsible for failure to take the imputation + Article 109 (1) The amount established for the coverage of damages shall be withheld in monthly instalments from the salary, as well as from any other amounts due to the person concerned from the unit to which he works under the law. (2) The rates may not be higher than 1/3 of the monthly net tariff salary, without being able to exceed together with the other deductions that the one concerned would have, half of this salary. (3) If the employment contract is opened before the person concerned has compensated the unit, and it falls to another unit, the execution will be made by the new unit, according to the previous paragraph, on the basis of sending the enforceable title by the unit that was damaged. (4) In the event that the one in question did not fit into work in another unit, the pursuit will be made on any of his assets, apart from the goods exempted by law from prosecution. (5) The pursuit to cover damages may also be directed against another person than the one who directly caused the damage, in the cases provided by law. + Article 110 The person who considers that the imputation or detention was made without basis or in violation of the law, as well as the one who after signing a payment commitment finds that in reality does not partially or totally owe the amount claimed by the unit, can the appeal to the competent judicial body. It, at the request of the person concerned, taking into account the circumstances, may decide to suspend the execution until the dispute is resolved. + Article 111 (1) The unit is obliged, under the law, to compensate the person in employment, in the situation in which he suffered, at the fault of the unit, an injury during the performance of his work duties or in connection with the service. (2) The unit that paid the compensation is obliged to recover the amounts paid from the person guilty of causing the damage under the conditions of art. 102 102 and the following. + Chapter 5 + Article 112 (1) The duration of working time may not exceed 48 hours per week and 8 hours per day. ((2) In the case of establishment for a certain working day of the week of a duration of less than 8 hours, the working time in the other days may be higher, without exceeding 9 hours per day. + Article 113 (1) In order to remove causes that cause harmful, heavy or dangerous working conditions, at some jobs the duration of working time for persons working under such conditions shall be reduced to less than 8 hours per day, without this being lead to a decrease in remuneration. (2) Jobs with harmful, heavy or dangerous conditions and the reduced duration of the working time established for each of them shall be determined by the decision of the Council of Ministers. To this end, the ministries, the other central bodies and the executive committees of the county councils and the city of Bucharest will make appropriate proposals, with the opinion of the Ministry of Labour, the Ministry of Health and the General Unions. + Article 114 (1) For persons whose working hours are carried out during the night, the duration of the working time is less than one hour than the duration of the work performed during the day, without it leading to a decrease in remuneration. The provisions of this paragraph shall not apply to those who have a normal working hours of less than 8 hours. (2) In units where the labor process is uninterrupted or where the specific conditions of work require it, the program during the night may be equal to that during the day. Work performed during the night, under such a program is paid with an increase of 15% of the employment tariff rate, for hours worked during the night, if these hours represent at least half of the normal working hours. Exceptionally the Council of Ministers can approve at some units the increase up to 25% of the tariff salary of the increase for work during the night. (3) The persons whose working time is established under the conditions of art. 113. + Article 115 It is considered work during the night that is performed in the range between 22-6, with the possibility of deviation, in justified cases, one hour less or in addition to these limits. + Article 116 In construction, in the forestry industry, in agriculture as well as in other activities with specific conditions, the duration of the working day may be higher under the conditions and limits established by the decision of the Council of Ministers, in agreement with the Union General of Trade Unions, following that on average not to exceed, monthly, quarterly, semi-annual or annually, as the case may be, the normal duration of the working day. + Article 117 (. During the working hours, a break for the mass of not more than half an hour may be granted, which shall not be included in the duration of the working time. In units where you cannot interrupt work will be given the possibility for the meal to be taken during the service. ((2) The interval between two working days shall be at least 12 consecutive hours between the end of the working hours and the beginning of the working hours of the following day. This range may be lower-but not under 8 hours-at changing shifts. (3) The way of organizing the working time, the breaks, the record of the presence of persons employed, shall be established by the rules of interior order. + Article 118 (1) The provision of work beyond the normal duration established according to the preceding articles may be required in the following cases: a) to prevent or eliminate the effects of calamities or other cases of force majeure, as well as in situations that endanger the health or life of other persons; b) to remove the effects of unforeseen situations, which would harm the proper functioning of water and electricity supply, sewerage, postal and telecommunications services, horses and means of transport in the common, of fuel distribution facilities; c) for the repair of devices or installations, if their failure causes the cessation of work for several persons; d) to prevent or eliminate situations that could cause degradation or destruction of raw materials, materials or products. ((2) The work over the normal duration in the situations provided for in the preceding paragraph shall be provided on the basis of the disposition of the management of the unit, given + Article 119 Work beyond normal duration can also be performed under other special conditions, in connection with the interests of production and work. In this case, work over the normal duration can be performed up to 120 hours per year, for one person, based on prior approval of plants, ministries and other central organs, executive committees of county and county folk councils. the city of Bucharest, with the agreement of the branch unions By decision of the Council of Ministers, with the agreement of the General Union of Trade Unions, on the proposal of the bodies provided for in the previous paragraph made after consulting the labor authorities, it will be possible to approve for some units in cases altogether distinguished, performing overtime above the ceiling of 120 hours annually, without however exceeding 360 hours annually. + Article 120 The hours in which a person performs work over the normal working time is overtime and compensates with appropriate time off. If the work thus performed could not be compensated with adequate free time, in the next 30 days, and the one in question agrees, the overtime will be returned with an increase, as follows: a) 50% of the framing tariff rate for the first 2 hours of exceeding the normal working day; b) 100% of the employment tariff rate for the hours exceeding the first 2 hours and for the work performed on the weekly rest days, the public holidays and on the other days in which, according to the legal provisions no work is done. + Article 121 There is no additional work performed over the working hours by people with leadership positions, as well as those whose activity-due to the specific work-cannot be within the normal working hours; these people benefit from a salary established in relation to their liability and obligations, as well as, where appropriate, additional allowances and holidays. + Article 122 The working hours for people working on continuous shift, turnus or other forms of organization of working time and in on-call hours per unit by medical-health personnel, as well as payment methods, will be determined by decision of Council of Ministers, with the agreement of the General Union of Trade Unions + Article 123 The hours provided by persons employed over the working hours for the purpose of providing the service per unit-except for those who perform management positions of the units-shall be compensated with time off corresponding in the following 60 days. + Article 124 (1) The person employed shall be entitled, every week, to a rest of at least 24 consecutive hours. (2) The weekly repair shall be granted, as a rule, on Sunday. In cases where the production process does not allow business interruption or the specifics of the service require the conduct of work and on Sunday, the management of the unit, with the agreement of the union committee, sets another day of the week, as day of rest, provided that at least once in 2 months each person is provided with weekly rest day on Sunday. In exceptional cases, imposed by the conditions under which the activity is carried out on isolated sites, the weekly rest can be granted, by cumulation, in a longer period, with the consent of persons employed. (3) The days of public holidays and the other days in which they are not worked shall be established by law. + Article 125 (1) Persons in employment have the right-under the law-in each calendar year to a paid holiday, of 15-24 working days, in relation to seniority. (2) Apart from the leave granted in relation to seniority, those who work in jobs with harmful, heavy or dangerous conditions benefit from additional leave, under the conditions established by the legal provisions. Additional leave benefits, according to legal provisions, also those who have management positions of their units and assimilations. (3) The rest leave of the teaching staff is established by the status of the teaching staff and is granted during school or university holidays. + Article 126 (1) The rest leave shall be made in full and in each calendar year; the leave may be granted and fractional, if the interests of the service require it or at the request of the person concerned, when the interests of the service permit, provided that one from fractions to be at least 15 days. ((2) The rest leave which could not be carried out for justified reasons during the calendar year for which it is due will be carried out during the following year, together or separately from this year's leave. (3) For the period of rest leave, persons employed shall benefit from an allowance calculated on the basis of the average salary made in the last 12 months and which shall be paid in advance. + Article 127 (1) The units with seasonal activity, as well as, in special situations, other units, may grant unpaid leave, for an indefinite period, with the preservation of the quality of persons employed by those concerned and the maintenance of certain rights arise from this quality. (2) The conditions under which leave may be ensured without payment of the units provided for in the preceding paragraph shall be determined by the decision of the Council of Ministers. + Article 128 Ensuring the judicious use of free time is a problem of social interest, state bodies, trade unions, other public organizations, each unit, must concern themselves with the necessary conditions for recreation, restoration of work capacity, broadening the horizon of culture and knowledge of all those who work. Working people and their families benefit from places of rest and leisure, libraries, houses of culture, clubs, land and sports facilities, as well as other conditions designed to contribute to the ever increasing satisfaction of requirements and preferences in use of leisure. + Chapter 6 + Article 129 The employment relationship shall cease at the end of the term for which the employment contract was concluded or as a result of its termination, by agreement between the person employed and the establishment, as well as by the dissolution of the contract on the initiative of one side. + Article 130 (1) The employment contract may be opened, on the initiative of the establishment, if: a) the establishment shall reduce its staff by the abolition of posts of the nature of the person concerned as a result of the reorganisation; b) the unit ceases its activity through cessation c) the unit moves to another locality, and the person framed does not accept to follow it; d) the unit moves to another locality and has the possibility to provide locally the necessary frameworks; e) the person does not correspond, under professional report, to the post in which he was assigned; f) in the post occupied by the person assigned to work is integrated, on the basis of the decision of the competent bodies, the one who previously held that post; g) the person employed shall retire for the limit of age or for invalidity of grade 1 or 2; h) the one maintained or reframed in work after his retirement for the age limit is no longer necessary; i) the person employed shall enjoy serious misconduct or repeatedly violate his/her work obligations, including the rules of conduct in the establishment; j) the one in question is arrested for more than 60 days; k) the person employed is definitively convicted of a crime in connection with his work, if the conviction makes it improper to the post he holds; l) the criminal court has handed down the prohibition on the exercise of the profession, temporal or definitive. ((2) The contract of employment may be opened on the basis of letter e, i or k, no later than one month after the establishment, by the head of the establishment, of the circumstance constituting the basis of the dissolution. + Article 131 (1) In cases of dissolution of the employment contract for the reasons provided in art. 130 130 para. 1 lit. a-f, the unit will grant to the person whose employment contract has been opened a notice of 15 working days. During the period of the notice it is obliged to continue the activity according to working hours (2) If a person is opened the employment contract without the unit knowing it in advance about this measure-not giving him the notice of 15 working days-this person has the right to receive at the disposal of the contract work an allowance equal to the tariff salary of framing for half a month. + Article 132 (1) At the disposal, on the initiative of the unit, the labor contract will be consulted the union committee. In the case of persons employed, who are members of the union or other trade union bodies, the higher trade union body shall also be consulted; in the case of those elected to the collective management body of the establishment or the commission of judgment, it will also take the approval of the organ that elected them. (3) In the case of persons employed by the higher hierarchical body, the dissolution of the employment contract shall be made by that organ. + Article 133 (1) If the employment contract is to be opened on the initiative of the unit for the reasons provided for in art. 130 130 para. 1 lit. a-c, e and f, it is obliged to provide the persons concerned with the passage to another appropriate work, asking for this purpose the support of the higher hierarchical organ and of the distribution bodies at work or, as the case may be, to take measures for Retraining these people. ((2) The units have the obligation to ensure the passage on appropriate employment of those retired for grade 3 disability, in the case of the impossibility of maintaining them further in their work in retirement. The units also have the obligation to put back into work previously held or in a work corresponding to their training on those who interrupted the activity as a result of retirement for disability and became capable of work. + Article 134 (1) The termination of the employment contract, in all situations, shall be established by the written disposition of the management of the unit, with the showing of the reasons, the legal provisions on which it is based, the deadlines, as well as the bodies to which the measure taken may be Attack. (2) The work contract shall be communicated in writing within 5 days by the establishment. It shall produce its effects from the date of communication. + Article 135 The dissolution of the employment contract on the initiative of the person employed shall be made with a notice of 15 working days; in the case of management positions, the notice is 30 days. During the period of notice this person is obliged to continue the activity according to the working hours. + Article 136 (1) In case of cancellation of the dissolution of the employment contract, the unit is obliged to reframe the position of the one to whom the contract was unduly opened and to pay him during the time he was deprived of his salary compensation calculated on the basis of his average salary made in the last 3 months prior to the dissolution of the employment contract. (2) If the person concerned has since entered a position with a lower retribution or has achieved other smaller gains, the compensation provided for in the preceding paragraph will consist, for that period, in the difference between the average salary made prior to the dissolution of the employment contract and the won in the meantime. (3) The person who in bad faith determined the application of the measure of labor contract, answers material, disciplinary and, as the case may be, criminal. The person responsible for the non-execution of the reintegration decision shall be liable to the unit for payment of compensation during the decision and until the effective execution of the decision. + Article 137 (1) The time as a person has carried out an activity on the basis of a contract of employment shall constitute seniority and other periods provided by law. (2) The conditions in which a person employed has seniority, uninterrupted seniority, uninterrupted seniority in the same unit, seniority in office, profession or profession, as well as their calculation, established by law, and the proof shall be do with the work card and other documents or means of proof, under the law. (3) The unit is obliged to issue to persons employed, at the end of the employment contract, the work card, completed with all the up-to-date data. + Chapter 7 + Article 138 (1) The continuous improvement of working conditions, the care for the defense of the life and health of working people in the production process, for the prevention of accidents at work and occupational illnesses, constitute a permanent concern of the state, a first-order obligation of all ministries and other central bodies, economic units and institutions. (2) By equipping enterprises with high-tech machinery and machinery, mechanization and automation of production processes, it ensures the relief of the physical effort of the workers, the security of their work, for which purpose the state allocates funds important for labor protection. + Article 139 (1) Labour protection measures shall be established by means of occupational safety and hygiene standards-on jobs, machinery, machinery, appliances, installations, equipment and technological processes. (2) The republican labor protection rules are mandatory for all branches of production; for jobs with a particular specific are established, on the basis of republican norms, by ministries and other central bodies, norms of departmental protection. + Article 140 (1) An integral part of the production process, the labor protection will ensure from the design phase of the objectives and the realization of investments-buildings, installations, machinery, equipment, machines, appliances, devices-at the location and their exploitation, as well as the introduction of new technological processes, corresponding to the level of modern science and technology. (2) New or retooled units may not start their activity, in whole or in part, except with the prior authorization of labor protection bodies and sanitary organs. + Article 141 (1) Persons in employment shall be entitled, in relation to the conditions under which the activity is carried out, to protective equipment free of charge. They also have the right, under the law, to work equipment. (2) Persons working under certain harmful or dangerous conditions are granted during work, according to legal provisions, special nutrition in order to increase the resistance of the body. + Article 142 (1) The heads of the units have the obligation to establish, with the measures to carry out the production plan or service tasks, protection measures corresponding to each job, including measures to prevent and combat environmental pollution. They will also take measures for people in work to thoroughly know the safety and hygiene rules of work, which they must comply with in carrying out their work. (2) The heads of the units have the obligation to periodically analyze, together with the trade union and health bodies, the causes of occupational accidents and illnesses and to take measures to eliminate harmful factors that endanger life and health of working people + Article 143 (1) The liability for the full realization of the labor protection measures have, according to their duties, those who organize, conduct, coordinate and control the work processes in the units. (2) The persons employed are obliged to know and to fully comply with the safety and hygiene norms of the work at the places where they operate, to use and to maintain in good conditions the individual means of protection what have been entrusted to them. (3) The violation of the legal provisions regarding the technique of safety and hygiene of work is found by the higher hierarchical bodies, the state inspection bodies for labor protection, health bodies and trade union bodies and attracts liability disciplinary, administrative, material or criminal, as appropriate, according to the law. + Article 144 (1) Social insurance for persons employed in state socialist units is organized by the state. Medical assistance in case of illness and accidents at work, payment of money aids in case of temporary loss of work capacity, support for strengthening and restoration of health payment of maternity leave, granting of pensions, as well as other measures of special nature, constitute the expression of a high concern that is granted in our society to the producers of all material and spiritual goods (2) Benefit from the right to social security under the law, and family members of the person employed. + Article 145 (. Social security shall be achieved by: a) Allowances granted in case of temporary incapacity for work not determined by the disease or accident; for the restoration and strengthening of health, in case of prohibition by medical bodies, as a preventive measure, of access to work, death in the family, as well as in other cases provided by law; b) Inlesniri in case of reference to rest and treatment in balneoclimatic resorts; c) Pensions for the age limit; d) Pensions in case of invalidity; e) Pensions for offspring. (2) Also, persons employed may benefit from: a) free medical assistance with a prophylactic and curative nature during outpatient treatment and during admission to hospitals or other health facilities with beds; b) medicines and free sanitary materials necessary during actions of a prophylactic nature and hospital admission or other health facilities with beds; medicines and sanitary materials necessary for outpatient treatment, under the conditions the law; c) free maintenance during admission to hospitals, other health facilities with beds or outpatients. + Article 146 The contract of the person in employment cannot be undone from the initiative of the unit during the temporary incapacity for work in which he receives social security aids, in case of pregnancy, during maternity leave and during the period of breastfeeding, while caring for the sick child, aged up to 3 years, as well as during the time the husband satisfies the military service, apart from the cases provided in art. 130 130 paragraph 1 lit. c, d, g, j, k, l. + Article 147 Persons employed will be assigned to work other than those who return them according to their classification, based on the medical recommendation, during the period in which they are under medical treatment, without thereby lowering their salary, for a period of up to 3 months in the course of a calendar year. + Article 148 (1) With a view to the social and professional recovery of those persons who, being employed, can no longer work in their profession or profession as a result of accidents, occupational diseases or other diseases causing disability, will be organized retraining courses by enterprises, ministries and other central bodies, executive committees of the county folk councils and the city of Bucharest, under the methodological guidance of the Ministry of Labour and the Ministry of Health. (2) The State shall support the qualification and employment of handicapped persons. The units will take measures to fit these people into work, taking into account the criteria and priorities established by the legal provisions. + Article 149 The amount of the contribution of the units for social security shall be The non-payment of social security contributions by the unit does not lack the persons employed by the material aid due to them. + Article 150 Particularly the social security pension, the persons employed benefit from a fund constituted on the basis of their contribution on the principle of mutuality, of an additional pension, the conditions of which are established by law. + Chapter 8 + Article 151 (1) In the Socialist Republic Romania is given a high appreciation of the woman's work ensuring her right to occupy any position or job, in relation to her training and capacity, while creating the conditions for multilateral development of women. his personality. In the remuneration of the work he provides applies the principle "to work equal to the man equal retribution". (2) Women in employment enjoy special measures, health protection and the conditions necessary for the care and education of children. + Article 152 (1) Pregnant and lactating women will not be able to be used in jobs with harmful, heavy or dangerous conditions, or medically contraindicated and will not be able to be called to overtime. (2) Pregnant and lactating women, who are found in the situations provided for in the previous paragraph, will be passed to other jobs, without this being deducted their salary. + Article 153 Women's work during the night, in industrial units, is admitted only in the following cases: a) for women holding managerial positions or technical functions involving a particular liability; b) for women working in health and social care services; c) in cases of force majeure, if an interruption occurs in the operation of devices and installations, when their failure causes the cessation of work, as well as in the case when work is necessary to save from an inevitable loss of raw materials, materials or products; d) in other special situations, in some branches of production established by the decision of the Council of Ministers with the agreement of the General Union of Trade Unions. + Article 154 Pregnant women, starting in the sixth month, and breastfeeding ones will not be assigned to night work. + Article 155 (1) Women are entitled to paid maternity leave, which consists of a 52-day prenatal leave and a 60-day postnatal leave. (2) If the birth occurs before the expiry of the prenatal leave, the postnatal leave is extended by the number of days of unperformed prenatal leave. + Article 156 (1) The units are obliged to grant to women during the working hours the breaks for the feeding and care of the child, half an hour, at intervals of no more than 3 hours. To these breaks is added the time necessary to travel taken and returned to the place where the child is found. The time allowed for breastfeeding, including travel, cannot exceed 2 hours daily. The breaks are granted until the child reaches the age of 9 months, being able to extend up to 12 months in the case of premature children, dystrofici and those who require special care measures, based on medical recommendations. (2) At the request of the mother, the breaks for the child's supply and care will be replaced by reducing the normal working hours by 2 hours daily. ((3) The breaks and the reduction of the working hours provided for the purpose of feeding and caring for the child shall be included in the working time and shall not have consequences for remuneration or other material rights. + Article 157 Women who have sick children less than 3 years old will be granted, with the opinion of the doctor, paid holidays for their care, which are not included in their holiday. + Article 158 Women who have children aged up to 6 years, whom they care for, can work with 1/2 norm if they do not benefit from crèches or dormitories; the time they were framed in these conditions is considered, when calculating seniority in work, time worked with a norm Whole. + Article 159 (1) Youth enjoy the special care of our socialist society. Multilateral training, training and professional integration of young people, learning the necessary knowledge for the exercise of a profession is provided free of charge. (2) The Ministry of Education and Education, the other ministries and central bodies, the executive committees of the popular councils, their subordinate units and the schools of all ranks have the duty to ensure a tight joint between the preparation theoretical and practical training of students and students, creating the necessary conditions for carrying out this task. (3) In our country students, students, those who attend various forms of training receive support, in the form of scholarships, school textbooks and other study materials, allowances corresponding to their contribution in production during preparation Practical. (4) All young people are provided with jobs according to the training of skills, their aspirations and the needs of the unit. (5) Young people have the duty to manifest a permanent concern for the development of the spirit of responsibility in solving tasks, in work and teaching, to put their talent and their entire energy into the service of flowering the homeland. + Article 160 (1) Professional qualification through apprenticeship at work is done on the basis of the apprenticeship contract and is carried out by practical training carried out in production or service units of the population and through theoretical training. (2) The disciples receive during the preparation of the scholarship or an allowance corresponding to their contribution in production and free school textbooks, study materials, as well as other rights established by law. They also benefit during the entire period of the apprenticeship of protective equipment, material aids in social insurance, health care and free medicines, as well as school holidays. + Article 161 (1) For the protection of their health, young people under the age of 18, employed, cannot be assigned to employment with harmful, heavy or dangerous conditions and cannot be used at work during the night. (2) Also, young people in employment up to 18 years of age, cannot be used in work beyond the legal duration of the working day, except in the cases provided in art. 112 112 para. 2 2 and art. 118. + Article 162 The duration of working time of young people between 14 and 16 years is set at 6 hours a day, without this bringing a decrease in remuneration. + Article 163 For young people aged up to 18 years, the duration of the holiday is 18-24 working days, differentiated according to the law in relation to age, so that the younger ones benefit from a higher leave. + Chapter 9 + Article 164 Trade unions are professional organizations that are constituted under the right of association provided by the Constitution and operate on the basis of the own statutes of the General Union of Trade Unions, of unions on branches of activity and of Union organizations in the units. + Article 165 (1) The unions mobilize the masses for the implementation of the program of the Romanian Communist Party to build the new society, carrying out a sustained activity for increasing labor productivity, higher quality of production, promotion technical progress, raising the level of training of working people for rigorous compliance with the discipline in production and carrying out the duties of each person employed. (2) The unions serve the interests of the working people, participating directly in the elaboration and implementation of the party's policy in the field of ensuring the working conditions and the continuous lifting of the welfare of those who work. They participate directly-on all steps-in the direction of economic and social life, their representatives being part of the committees and councils of working people, of the collective governing bodies of ministries and other central institutions, and the Government of the Socialist Republic of Romania. + Article 166 Through their entire activity, unions contribute to the development of the socialist consciousness of those who work, in the spirit of materialistic conception of the world and society, to the cultivation of moral traits corresponding to the principles of ethics and equity socialist and communist; they are responsible for the organization of cultural-artistic and sports activity in the units, using for this purpose their own material base and the means available to the socialist units, concern themselves with good organization and use judicious of the free time of working people, collaborating closely with the others public organizations and specialized bodies. + Article 167 The trade unions directly participate, together with the competent state bodies, in the development and application of all the regulations on the rights and obligations of persons employed, as well as those on labour protection; of the correct application of the labour remuneration system; follow the observance of the working hours and rest time, of the other measures established by the labour law. + Article 168 Together with the committees and councils of working people, the unions ensure the good preparation and conduct of general meetings of working people, aim to create conditions that allow participants in these assemblies to analyze how implementation of the plan, to make proposals to improve the work, working and living conditions of the staff employed, act to fulfill the decisions adopted and to resolve the proposals made in the general meetings. + Article 169 Trade union organizations appear before judicial bodies of any kind and in front of state bodies and obstesti the rights of their members arising from labor law. + Article 170 The management of the units is obliged to support the activity of the trade unions ensuring the material conditions for its proper performance They also have a duty to examine and resolve the proposals of the trade union bodies aimed at contributing to the improvement of the work of the work and living conditions of working people. + Chapter 10 + Article 171 (1) The strict observance of the laws is a constitutional obligation for all socialist units and persons employed. (2) The collectives of working people from socialist units must make an important contribution to strengthening the socialist legislation, preserving and defending the public wealth, combating any manifestations of violation of discipline, norms of ethics and rules of social coexistence. (3) Analization in the general assemblies of the working people of the units of the deviations that bring the attainment of the obstesc wealth or that contravene the rules regarding the preservation of order and discipline in work, the establishment of responsibilities and the taking of the necessary measures in each case, as well as the debate by the broad collectives of working people and the expression of their opinion in relation to acts of violation of the law forming the subject of processes, must constitute effective forms the participation of the masses in ensuring compliance with the law and the socialist education of those who work. + Article 172 (1) The realization of the rights that are agreed upon on the basis of the work carried out shall be ensured to persons employed by appropriate legal guarantees. (2) They may challenge the disciplinary sanctions they count applied without basis or in violation of the law and any measures they consider unlawful, demanding the restoration of the rights violated. Any non-compliance with the rights of people in work attracts the responsibility of the guilty persons. ((3) Litigies between persons employed and units, in connection with the conclusion, execution and termination of the employment contract, are labor disputes and shall be settled by the courts, courts or other bodies provided by law. + Article 173 (1) The commissions are public bodies of influence and jurisdiction chosen in general meetings of the working people, through which the participation of the broad masses in the achievement of the legality and the socialist education of the citizens in the spirit promoting a fair attitude towards the work, strengthening and development of the public wealth. (2) The court commissions in the units shall judge the labor disputes the object of which does not exceed a certain amount established by law or is unevaluable in money and which refers to: a) disputes between persons employed and units in connection with the conclusion and execution of the employment contract; b) disputes concerning claims relating to rights in connection with the dissolution of the contract or reintegration into work if the merits and legality of these measures are not challenged; c) any other labor disputes that are not given by an express provision of the present code or from another law in the jurisdiction of the courts or other bodies. (3) The organization and functioning of the commissions, the procedure before these bodies, the remedies against the decisions rendered, and the manner of their execution shall be established by law. + Article 174 I am competent to the courts: a) disputes in connection with the conclusion and execution of the employment contract whose object exceeds a certain value established by law; b) appeals against the dissolution of the employment contract and the disputes concerning reintegration into work, except those made by the persons with management positions appointed by the higher hierarchical bodies, as well as the directors, directors-general and their assimilations from central bodies. + Article 175 (1) It is the competence of the superior hierarchical administrative body or the collective management body, according to the law: a) appeals against disciplinary sanctions that through the present code or other legal provision have not been given in the jurisdiction of the court or other bodies; b) appeals against the dissolution of the employment contract, as well as disputes regarding the reintegration into work of persons with management positions appointed by the higher hierarchical bodies, as well as directors, directors-general and assimilations of central bodies; c) appeals in connection with the granting of steps and salary gradations, against the reduction of the tariff salary for the full non-fulfillment of the duties of the service, as well as on the award of prizes and pardons. (2) The deadline for resolving appeals is 30 days. + Article 176 (1) The term of referral of the labor dispute settlement bodies shall be 30 days from the date of communication, if the law provides for the need for a communication, and in the other cases, from the date when the interested one became aware of the measure or circumstance that determined the dispute. (2) For any monetary claims of persons employed by the establishment-prejudices suffered or ungranted rights-the term of referral is 3 years from the date of occurrence of damages or from the date when the rights had to be granted. + Article 177 (1) The person who has lost the term of referral to the jurisdiction bodies may ask them, for thorough reasons, to reinstate. ((2) The request for reinstatement may be made within 15 days of the end of the case which prevented the referral within the period. (3) In case of admission of the application, the notified body will proceed to the dispute resolution. + Article 178 In any labor disputes, proof of the merits and legality of the provision or measure taken by the unit is in charge of it. + Article 179 Applications before any bodies or courts, as well as all procedural acts in relation to the settlement of labour disputes and the enforcement of decisions, shall be exempt from stamp duty. + Article 180 Ministries and other central state and public bodies, as well as executive committees of popular councils, are required to take measures for knowledge and compliance with labor law and to ensure the enforcement of legal provisions on employment relationships in the units under their command. + Article 181 (1) The Ministry of Labor, as a central specialized body in labor matters, exercises control of the application of the legal provisions relating to employment relationships of persons employed, from all state units, cooperatives and others public organizations, as well as those related to employment relationships established with legal entities, other than socialist units, and with individuals. The executive committees of the county folk councils and the city of Bucharest, through the local specialized bodies in labor problems, exercise control of the application of labor law in all the units of the county and of the municipality Bucharest. (2) The unions organize and exercise, according to the law and their status, the public control over compliance with the legal provisions on labor relations. + Article 182 (1) The bodies exercising control of compliance with the legal provisions on employment relationships have the obligation to take or, as the case may be, propose measures in order to hold the guilty to account. (2) At the same time, state bodies, within the limit of their competence, give specialized indications to controlled units. + Chapter 11 + Article 183 (1) The provisions of this Code also apply to labor relations between socialist units and persons who provide work at home, to employment relationships established with legal entities, other than socialist units. Also, these provisions also apply to employment relationships between craftsmen with their own workshops and persons or apprentices that, according to the law, they can fit, as well as employment relationships between household staff or performing. various works and services and other persons on the basis of an employment contract. (2) The provisions of this Code also apply to labor relations between cooperative organizations and other public organizations and persons classified in these organizations, based on a labor contract. (3) Also, the provisions of this Code are also applicable to employment relations between Romanian units and foreign citizens, under the conditions established by the provisions on the regimes of foreigners and agreements in which Romania is a party, such as and employment relations between Romanian citizens and mixed companies operating on the territory of the country. + Article 184 It is recommended to cooperative and public organizations that, insofar as there are no provisions in the law to look at them, to regulate labor relations on their members, corresponding to the principles contained in this code, adapted to their specific activity. + Article 185 The rights and obligations of the military are provided by special normative acts. + Article 186 The provisions of this Labor Code do not apply to the relationships in which the provision of a work is done on the basis of a civil law contract. + Article 187 The provisions of this Code shall be completed with the other provisions of the labour law and, in so far as they are not incompatible with the specifics of the employment relationship, with the provisions of civil law. + Article 188 Through units as parties in employment relationships with persons employed under a labor contract, the state socialist units, cooperative organizations and other public organizations are understood. + Article 189 By persons with management positions, for the purposes of this Code, the heads of units, appointed by the higher bodies, the directors, the general directors and their assimilations from the central and local bodies, the heads of the work compartments of the units, as well as their assimilations, provided in the nomenclature of functions. + Article 190 The complaints against the dissolution of the employment contract, as well as the disputes regarding the reintegration into work, pending with the higher hierarchical administrative bodies on the date of entry into force of this Code, will be solved by these bodies. + Article 191 This Labour Code comes into force 3 months after its publication in the Official Bulletin of the Socialist Republic of Romania. Starting from the same date, the Labor Code of June 8, 1950, as amended, as well as any other contrary provisions, is repealed. ----------------------