Law No. 10 of 25 November 1972 LABOR CODE of the ISSUING NATIONAL ASSEMBLY and published in OFFICIAL GAZETTE No. 140 of 1 December 1972, Chapter 1, Article 1 (1) In the Socialist Republic of Romania, abolishing forever the exploitation and oppression of man by man, the impetuous development of the productive forces and production relations Socialist generalization in a continuous process of improvement, put-the main factor of progress and civilization-the highest level of social values.
(2) people working as producers of material and spiritual values and the owners of the means of production, you've got the whole avutii, have the right and duty to conduct a comprehensive work for society, the welfare and interests of each organic being related to the well-being and development of society as a whole.
Article 2 all citizens of Socialist Romania, without any fastening or opposed to gender, nationality, race or religion, are guaranteed the right to work, taking the opportunity to conduct business in the economic, scientific and technical, social or cultural, according to skills, training and aspirations of each, depending on the needs of the whole society.
Article 3 apportionment and use full and rational human resources is carried out in accordance with the objectives of the plan for economic and social development of the country, with increasing demands continuous economic and social efficiency of labour, with the need to develop harmonious and balanced of all the counties of the country.
Article 4 as the economic base of the socialism development introduction in production of the results of science and technology, culture and education development in our country takes place gradual deletion of essential differences between physical and intellectual work, between work and life in the countryside and the city, and the gradual homogenization of society.
Article 5 (1) Work in the conditions of the socialist society, and develop new relationships between people, collaboration, mutual aid and mutual respect-according to the principle of "all for one and one for all"-actively contribute to the formation and development of human personality, multilateral.
(2) Through the work done in common in industry, construction, agriculture and forestry, transport and telecommunications, scientific research, education, art, culture and in other fields, for the socialist homeland, shade develops relationships between people working between Romanians, Hungarians, Germans, Serbs and other naţionalitati continually, hardens the moral cohesion policy to all the people around the Communist Party.
Article 6 the appropriation in any form of work to another, and all manifestations of social parasitism are prohibited as incompatible with socialist principles, orînduirea with Socialist ethics and equity.
Article 7 since the age of 16 years, every person capable of work and who has not attended the school is obligated to carry out, until retirement age, a comprehensive work of society, to provide means of existence and spiritual development. Employment in work time can be done and at the age of 14 years, and in industrial units, at the age of 15 years, with the consent of their parents or guardians, but only suitable for work with physical development, their skills and knowledge. The cause has the right and duty to continue studies for graduation education compulsory. Units that have employed young people work in the age of 14-16 years are obliged to support them in order to further the general compulsory education.
Article 8 (1) Through compliance with a Socialist Unity, every person shall acquire membership of the collective work of that unit, with all rights and obligations arising out of this quality.
(2) each Member of the team work participate in leadership unity and responsibility towards society's Gate, both individually and together with other members of the team, for the proper management and development of the part of national wealth is being satisfied, indebted to consecrate the whole capability, skill and power work purpose as the unit to operate with maximum efficiency.
Article 9 (1) of the working people from the Socialist Republic of Romania are guaranteed the right to participate effectively in the management of political life, economic and social.
(2) as an expression of Socialist democracy, the adincirii the work of all units is based on the principle of labour and collective leadership.
(3) participation in the management of establishments classified in the persons work ensure, directly or through their representatives in the General meetings, committees and councils working people, as well as in other organs of collective leadership and organized forms of collective participation in the resolution of problems in the units.
(4) the General Assembly of the working people constitute the upper form collective leadership, whereby people actively organized labor at the head of economic and social activity, the debate and the resolution of problems related to the performance of production plans, to exercise control over the activity of driving.
(5) each Member of the team has the right to participate directly in the debate and the resolution of problems concerning the organisation and management of the establishment in which they operate.
(6) The selection and promotion of cadres, the team has the right to say their opinion, so that to be assigned to the right man.
Article 10 (1) of the national economy Development plans-founded on a high level of social organization of labour-make it necessary for labour relations to be placed on the principle of free determination and implementation of consistent and undertaken with the Socialist labour discipline rules. Compliance with strict order and discipline in the workplace constitute a basic obligation of every Member of staff working in enterprises and institutions, of all socialist units.
(2) Collective work, aware that any act of indiscipline at work harms results of his own interests, is justified, and at the same time, take debtor farm attitude towards any deviation, and the need to punish and even removal of the self-help staff to those who violate the order and discipline and carried out the tasks with which they have been established.
Article 11 (1) to work those working receive remuneration as a proportion of national income consumption, the socialist principle of distribution after quantity, quality and importance of social work, in the spirit of Socialist ethics and equity.
(2) Besides direct income obtained on the path of labour, people enjoying the advantages and benefits provided through social funds intended for development of education and culture, health care, by providing aid to children, as well as through other social actions.
(3) seizure of material and spiritual welfare of those who work is carried out on the extent of development of technical-material basis of socialism, the introduction of new technology in production, labour productivity growth and national income.
(4) as a token of appreciation on the part of society, collectives or individuals placed in work receive for the results they obtain moral and material rewards.
Article 12 of the working people are guaranteed the right to rest: rest and restoration, for development of vocational training and broadening cultural; working conditions through measures of security and hygiene at work, to safeguard life and health; material assistance in the event of incapacity for work and pensions temporal; the effective realization of all the rights relating to work, enshrined in the Constitution.
Article 13 (1) of vocational training, Improvement of political and ideological culture in General constitute for every man of a right and a duty to carry out permanent, which will depend on results in production, employment in appropriate jobs, promotion to higher positions.
(2) in our country continue improvement of vocational training constitutes an essential side of the Communist Party's policy of building socialism and communism, as a fundamental condition for ensuring the active participation of working people and to the advancement of the Socialist nation.
(3) to this end, through the national system are created and forms suitable for all those who are working, in order to improspatarii to enrich knowledge and systematic, in step with the new advancements in science and technology.
Article 14 the woman ensure broad possibilities of affirmation in terms of full social equality with man, enjoying work equal to it, a retributie call, special measures of protection. The woman is guaranteed the right to hold any Office or employment, in relation to its preparation, and to contribute to the development of production materials and spiritual creation, building them at the same time the conditions necessary for raising and educating children.
Article 15 the socialist society be given special care training the younger generation in the spirit of love towards work, thorough understanding of certain professional knowledge and skills, of generosity and revolutionary passion.
The State shall ensure through the education system and by specialised bodies, training and orientation in the work of young people, according to the ability and personal aspirations, put at the service of the socialist homeland. Through special measures to ensure the protection of young people.
Article 16 (1) every human labour participant at the ongoing process of social life, is obliged to comply strictly with the provisions of law, to promote the principle of socialist legality, neabatut to manifest the spirit of intransigenta against those who violate the laws of the country.
(2) Force orinduirii in Socialist consciousness stand high responsibilities and duties that each has compared homeland defense versus the people's Socialist conquests.
Chapter 2 article 17 rights and duties of each Member of the collective labour Socialist units are designed to ensure effective participation in waste management with the spirit of the material and financial assets entrusted to State collectives of working people, the recovery in the higher grade of material and human resources of the country, for a high economic efficiency in all compartments of activity in order to ensure the growth of the level of civilization and prosperity of everyone, of all people.
Article 18 rights of persons placed in work cannot be subject to any limitations, renunciations, or transactions, which are the State apparatus against any infringement, the manifestations of subjectivity or arbitrariness.
Article 19 the person within a Socialist drive shall have the following rights: a) to ensure an appropriate job training, skills, aspirations, and needs of the unit;
(b)) to be remunerated according to the socialist principle of distribution in relation to the quantity, quality and social importance of the work that it carries;
c) to ensure stability in employment, employment contract neputind to cease or be altered in cases stipulated by law;
d) to participate in the management, organization and control of activity of establishments, to choose and to be able to stand as a candidate in the governing bodies;
e) to benefit from the conditions created by the legal rules, including sabbaticals for study, training and raising the general level of knowledge, in relation to the development of science and technology and the requirements of social progress, for formation and development of Socialist consciousness;
f) to be promoted into the categories of employment or functions, in relation to the preparation, experience, results, needs unity, thus benefiting from the conditions created by the Socialist orînduirea for skills and professional capacities;
g) to ensure rest and recreation leave weekly annual, its use of socialist society created conditions for recreation, work capacity, raising the level of culture, to benefit from the exemptions for sending the rest and treatment in spas;
h) to benefit from appropriate conditions of employment, protection at work, free medical care, indemnity insurance in case of loss of temporal work capacity, measures for the prevention of disease, and health, as well as strengthening of measures for the social protection of women and young people; for this purpose it shall allocate funds for causes that cause accidents at work and occupational diseases, the labour protection and relief effort;
I) to benefit from pension for limit of age or disability;
j) to use the physical basis of Socialist units intended for cultural and sporting activity;
k) to associate in unions and other public organizations under the provisions of the Constitution of the Socialist Republic of Romania;
l) to apply to the superior bodies, those of any competent court or, for whenever it deems was injured in his rights.
Article 20 (1) Collective work of each unit carries liability socialist society for marketing of the funds entrusted to us, as well as for the fulfilment of the provisions of the plan, being obliged to mobilize all resources, human and financial materials to bring the full contribution to the growth of the National Fund of social and economic development of the country.
(2) as a member of team work, framed in a Socialist drive has the following main duties: to defend Socialist property) and contribute to its development;
b) to realize the rule of labor and other tasks arising from the occupation or position held and to be responsible for the performance of their team work and leadership;
c) to carry out any of his or her activity according to the needs of the unit. The contingencies arising from the need to ensure the proper officials of the unit, each is required to participate — regardless of occupation or position that you deal with the execution of any works and to take all measures required by the needs of the unit;
d) comply with the programme of work, its use in full and efficient working hours;
e) to ensure full use of production capacity, raising labour productivity, reduce costs of production, works entrusted to it under the conditions of quality, increasing efficiency of activity of the establishment in which they work;
f) comply with the order and discipline in the workplace;
g) to raise the level of professional qualifications, relentlessly for knowledge and scientific and technical literacy, to follow and graduate training courses organised or recommended by the unit;
h) complies with the rules of socialist conduct in relations with other members of the work team, to ensure that they are applied in life, to demonstrate honesty and fairness, to contribute to strengthening the spirit of discipline, self help tovaraseasca, to combat any manifestation arousing;
I) to ensure the secrecy of State and service;
j) comply with the rules for the protection of labour and to contribute to the retention and removal of any situation which could put in danger the lives, integrity or human health times material possessions.
(3) persons falling into work are forbidden to receive from citizens or other benefits for activities provided within job duties.
Article 21 (1) Socialist units have debt Managements to take all measures necessary to ensure the proper conduct of the normal conditions of production process at a high technical level and maximum economic efficiency, to ensure effective monitoring of the plan tasks in all compartments, to focus on improving the conditions of work and life, to organize and to support the improvement of vocational training of persons placed in work.
(2) In overall activity, they must apply consistently the principle of labour and collective leadership and to periodically inform the staff of the establishment on the accomplishment of tasks.
(3) Management units are obliged to examine Socialist carefully and to consider suggestions and proposals made by people working to improve the activity in all the compartments and to inform them as to how to resolve.
Article 22 (1) the rights and duties of working people under this code is achieved due to the role and specific conditions that the industry, construction, transport, agriculture, and social and cultural activities, they are in the process of creating the material and spiritual values, in economic and social development of the country.
(2) in the sectors in which the nature of the activity so requires, shall be made on the basis of this code, the statute will be approved by law. In these statutes shall lay down the specific rules concerning employment relationships, rights and duties of staff, classification and promotion criteria, responsibilities and work discipline, working hours and other rules specific to the field of activity concerned.
Article 23 (1) the people working in the industry have special responsibilities toward the whole people, the role that the decurgind from this leading branch of national economy has in ensuring progress of society generally.
(2) workers in the industry, for the whole branch previous thrift, have the duty to ensure a high rate of development in this branch for increased contributions to the creation of national income-based safe to increase the welfare of the whole people.
Article 24 in the performance of duties, the following groups of working people from industrial units have the obligation to ensure superior resources harnessing available, raising technical-quality of production, increase of labour productivity, increased economic efficiency in all compartments.
Article 25 every Member of the staff of the industry responsible for householders with material and financial means of complying, to strive for the reduction of specific consumption, intensive use of fixed assets, entry into production of the newest achievements of science and technique.
(1) Groups of people working in the industry, managements of the industrial units, have the duty to ensure the rational organization of each job, the flow of manufacturing as a whole, the application of modern production management processes, to stimulate and to capitalize on the creative initiative of workers, engineers and technicians.
(2) every establishment must ensure Socialist use full employment, qualification and organization policalificării of workers, organization of fair trade, the use of full time work, rigorously the discipline in the work.
Article 27 People in industrial establishments are entitled to remuneration according to the quantity and quality of work performed and depending on the place and importance of each branch of industrial production has in the development of the country.
Article 28 the people working in the industry shall be entitled, under the law, the rewards for outstanding results achieved in promoting technical progress of inventions, innovations and rationalizations, savings of raw materials and energy, according to its own contribution to the achievement of the objectives of the plan and increasing economic efficiency.
Article 29 Persons in establishments in the industry benefit from appropriate measures for safety and hygiene at work, work clothes and protective, and those working in harmful and dangerous conditions, reduced working hours, salary increases and additional holidays, according to the law.
Article 30 (1) people in the construction industry must ensure the rational use of national development fund intended for the vast investment program, erecting new construction industrial, agricultural, housing, or other social-cultural construction, ensure execution in good condition new objectives.
(2) to this end, groups of working people have the duty to provide for the raising of the level of mechanization and industrialization of the works, reducing the time limits for execution, improve quality, increase productivity and efficiency at work.
(3) the people working on the building site are required to gospodareasca with high sense of responsibility, to liquidate the funds entrusted to the waste of materials, to ensure the strengthening of discipline and full use of the time thing.
Article 31 (1) the construction enterprises shall be entitled to a remuneration of labor established on the basis of the General principles of pay, depending on the importance and complexity of the works performed.
(2) persons who have made a special contribution to the teaching and commissioning goals before the normal time, with the achievement of functional and technical indicators set, receive material and moral rewards, according to the law.
(3) nelocalnic on the Staff, those who work on the move for siting, overhaul and repairs, those working to targets located in areas with special conditions, benefit from increases in salaries, accommodation and transport facilities at, according to legal provisions.
Article 32 (1) In the Socialist Republic of Romania and the Earth-main means of production in the agriculture-animals and plantations represent, regardless of their form of ownership, a national property, in whose judicious use by workers in agriculture and forestry is vital the whole people.
(2) people working in agriculture and forestry have the duty to highlight the productive potential of the Land Fund and forest, to concern themselves with the Elimination of all forms of waste and degradation of farmland, the forest fund, to provide for the development of livestock farming and livestock production in order to increase the agricultural production, the labour productivity, for abundance of food.
(3) Every shop assistant in agriculture should focus on harnessing the opportunities created through the efforts of the whole society, to apply on a large scale to the conquests of science and advanced technology in agricultural production, expanding the machinery complex, the chimizarii and irrigation.
Article 33 (1) workers in State-owned agricultural enterprises must ensure the rational use of funds invested, and new technology to achieve a high productivity of labor and increased profitability, so that agricultural enterprises of the State constitute a model for the organisation of agricultural production.
(2) the time and manner of organization of production and labour, the system of retributie in these establishments shall be determined according to the specific needs of agriculture, pursuant to legal provisions.
Article 34 (1) the work, contract work, agricultural enterprises, in forestry, in agricultural cooperatives, production associations intercooperatiste and other forms of Association and cooperation shall benefit from the rights, benefits and privileges provided by law for all categories of people in work in the Socialist state.
(2) For the results obtained in carrying out and overcoming agricultural plan, people working in agriculture are benefiting from the additional retributie.
Article 35 (1) agricultural production Cooperatives provide farmers and efforts to close their combination with the interests of all working people, of the whole society.
(2) the members of the cooperative have the duty to contribute to the strengthening and protection of public property, the prevention and elimination of wastage and misuse of gospodariri material and financial resources, to strengthen the spirit of collective work, order and legality in order to maximum yield management of own funds and support granted by the socialist State, in order to make a greater contribution to the overall progress of the country.
Article 36 (1) employment relationships from agricultural production cooperatives are established by statute for cooperative members.
(2) members of agricultural cooperatives of production shall be entitled to appropriate remuneration with the quantity and quality of work carried out, the results obtained, to material assistance for old age, temporary incapacity, birth, death, and the age limit for retirement, invalidity or survivor, appropriate conditions of safety and support to improve vocational training, under the conditions laid down by the law and the statute.
(3) members of agricultural cooperatives of production, agricultural production cooperatives, retirement, and members of their families shall enjoy free health care, maintenance in hospitals, medicines and materials, in accordance with the law.
Article 37 the staff employed in the transport and telecommunications should ensure the proper functioning and in full safety and transport industry by fulfilling the need to correct, and at the time of their duties, to ensure the regularity and continuity of transport, to watch over the integrity of assets and values that we have in storage, to prevent any deed that could endanger the safety of persons , goods carried and circulation, to gospodareasca with maximum efficiency means production facilities and equipment entrusted, to raise the level of serving the population.
Article 38 (1) depending on the conditions and requirements of these branches, working time shall be established taking into account the specifics of the establishment, and profile on shifts, shift, turnus and exploitation program.
(2) In addition to the provisions laid down in this code shall establish specific rules relating to employment, promotion and discipline of staff.
Article 39 Persons placed in transport and telecommunications units shall be entitled, according to the specific conditions in the sectors in which they work, increases wages and benefits, service uniforms-whose amount shall bear part or all of the units, short-time working in certain jobs and other rights under the law.
Article 40 (1) staff employed in commercial establishments and services it is incumbent on you to provide the population and high quality services to satisfy the requests and provided prompt it.
(2) workers in Commerce and services should focus on permanent widening technical-material base and sales network location depending on the needs of the population, continue the process of modernization, to retain a permanent connection with production to ensure the range requested by consumers.
(3) personnel working in foreign trade activity is required to make every effort for the widening and diversifying economic exchanges with the former Soviet republics, as well as forms of economic cooperation, increase the efficiency of the entire foreign trade activities.
Article 41 Every person employed in a commercial establishment or provide services must comply with the legal norms concerning the sale of goods and services, have a careful attitude, worthy and cuviincioasă towards citizens, to demonstrate honesty and fairness.
Remuneration of workers in Commerce and services is done according to the volume of work carried out and desfacerilor; the work programme is determined-pursuant to this code-depending on the needs of meeting requirements in good condition; workers in the sector benefit from specific measures for the protection of labour, the compensation of working time performed in the weekly rest days and statutory holidays.
Article 43 teaching staff has the duty to create the role and the functions incumbent on education in the Socialist Republic of Romania, to provide thorough training to youth and education in the spirit of love towards the socialist homeland, towards work, contributing to the improvement of the necessary frameworks and in close connection with the current requirements and the prospect of economic and social development of the country.
Article 44 teaching staff is required to contribute actively to the organisation and improvement of education in relation to the requirements of economic progress, scientific-technical and cultural heritage; to ensure a close combination between the preparation of youth; to achieve an organic link between education, science and production; to participate in the work of the spread of science and culture in all the masses from the towns and villages.
Article 45 In the context of the legal working time, staff of teachers is required as the didactic work, to carry out scientific and educational activity, tutoring, practice in the production of youth to fulfill in the duties which he has compared to the educational institution in which they operate.
Article 46 (1) in the run-up to a higher level of activity as well as instructive-educational and scientific teaching staff shall be entitled to use all the conditions have been created for the improvement of its ideological and professional preparation; to use in teaching and educational and scientific research institutions and the whole of the educational system. to capitalize on the results of his scientific activity through their application in practice; to publish manuals and courses as a result of the activity of teaching or scientific research; to participate in research institutes and research centres, laboratories and power roads within the complex research programs.
(2) teachers shall be entitled to make part in the law-from professional associations and scientific societies and to conduct activities in accordance with the statutes of these organizations.
Article 47 (1) people of science have the duty to harness their creative capacity and full potential material made available by the socialist society in order to enhance their contribution to the elaboration of solutions required by walking before society and the first of all the settlement of problems related to materials production development directly.
(2) Researchers must make a greater contribution to the development and use of energy and the upper base of raw materials, improvement of technologies and the modernization of products from all branches, the creation of new materials and devices highly technical.
Article 48 Each researcher must concern themselves in permanent shortening of cycle research and the completion of the research output of the results obtained; you need to take a permanent connection with the creative activity of manufacturers of material goods, with specialists who work directly in production, to develop relationships with contract-based productive units, as a condition of the importance of research to increase efficiency.
Article 49 (1) In the Socialist Republic of Romania and the people enjoy in their creative activity supporting material from the company; have the right to express freely their views, to put in value its full spirit creator, desfasurindu-research according to their own assumptions or ways of working; scientific researchers ensure the opportunity to harness the results of researches carried out multilaterally, in the interests of increased contributions to the overall progress of the country; They shall be eligible for support for the improvement of professional and ideological preparation, rights arising from the work of creation, in accordance with the law.
(2) the people of science can be part, in accordance with the law, from professional associations and scientific societies and to conduct activities in accordance with the statutes of these organizations.
Article 50 In carrying out the tasks of high social responsibility, people of culture and art have to contribute actively, through their entire artwork creation, in close connection with life, with the requirements of building the socialist society to progress multilaterally developed spiritually, to raising cultural and Socialist consciousness of the people.
Article 51 (1) people of culture and art of enjoying freedom of creation, the full manifestation of their personality and talent put into the service of the ideals of socialism, democracy and social progress.
(2) They are entitled to capitalize, according to specifics, creative works copyright protection of personal and patrimonial assets being guaranteed under the law.
Article 52 in order to promote creative activity, people of culture and art, publiciştii, have the right to associate, according to the law, the unions, associations and societies.
Article 53 shall be determined By the statute's own mode of organisation and functioning of unions, associations and societies, rights of members concerning pensions, grants and other forms of social insurance.
Article 54 (1) health care personnel has the duty to put the full power of work and expertise at the service of the improvement of the health status of the population of the towns and villages to ensure the work capacity and creative people in order to ensure their harmonious development so as to reap the full benefits of Socialist civilization.
(2) health care workers are required to ensure the judicious use of base material and other conditions created by the company in order to continue lifting the quality of medical care.
Article 55 In his profession, health personnel has the duty to manifest an attitude deeply human, to meet with what powers tenaciously; comply with the rules of professional ethics; contribute to defending and enhancing their professional dignity. The organisation of working time and of all activities of the medical staff shall take account of the need to ensure prompt and permanent in good condition to the medical care of the population.
Article 56 (1) health care workers ensure conditions for specialization and improvement in order to introduce permanent in medical practice has the latest advancements of science and modern technology.
(2) the health Staff working in special conditions shall be entitled to reduced working hours and additional holidays, rest, and, where appropriate, allowances and salary increases; those sent into action to combat epidemics or other special actions also benefit from other rights provided by law.
Article 57 for nurses in all localities of the country and fostering health-medical staff working in rural areas, the special conditions of work, shall be paid in accordance with the rights, privileges and laws.
Article 58 (1) staff employed in ministries and other central bodies, in local bodies of State administration, in the judiciary, prosecution and other institutions has as main task to serve the interests of the people, to push strongly for the realization of socialist legality, to effectively contributes to the smooth operation of all economic and social activities of the country, being responsible in front of the working class and all the people the way that fulfills the tasks incumbent upon them.
(2) the staff of the State apparatus has the obligation to strive to increase efficiency, and efficiency in the work to combat any manifestation of birocratism and contribute to the continuous improvement of its work.
Article 59 (1) staff of the State apparatus must have a permanent and direct connection with the people working in areas where the service is located, and whose legal interests have to serve them with devotion.
(2) he has the duty to resolve with competence and within the time limits laid down by law, complaints, applications and proposals of citizens ' complaints.
Article 60 the State apparatus shall be entitled, under the law, all the rights necessary for the exercise in the best of circumstances, the duties of the service with which it is invested; in exercise of these powers shall enjoy the protection of the law against those who impede, in any form, to fulfill the tasks incumbent upon them.
Article 61 (1) the employment office, the staff of the State apparatus take an oath of loyalty to our socialist State, against the working class and the whole people, committed to doing just the best conditions in the State party's policy and field of activity, or to comply with formality and to meet with the feel of all liability of the service tasks that are entrusted to it.
(2) Functions for accumulating loyalty oath shall be determined by the Statute of the State apparatus, in accordance with the provisions of this code.
Chapter 3, Article 62 (1) selection and training of, their allocation to branches of activity, shall be made in accordance with the provisions of the single national plan for economic and social development.
(2) employment of a person's work in a socialist State is made in relation to the needs of the unit, due account of skills, vocational training and its preferences as well as other specific requirements of work you are going to operate in accordance with the law.
Article 63 (1) employment in the work is based on verification of skills and vocational training, through sample practice exam, test, term times as stipulated by law. The term test is not more than 15 days, and for driving, not exceeding 90 days.
(2) Those to be employed in the work should be done by a medical examination to determine whether the health condition allows them to carry out the work entrusted with. Also, the medical examination is compulsory and those transferred jobs that can be filled only if the legal requirements are complied with health.
Article 64 (1) employment work is achieved through the conclusion of an individual contract of employment. The individual labour contract shall be concluded in writing and shall include clauses relating to the obligation of the person assigned to work and perform the tasks incumbent upon them, respecting order and discipline, the law, the duty of the unit to ensure appropriate conditions for the proper conduct of the work, the remuneration is in relation to the work performed and to grant other rights what are yours as well as other terms set by the parties.
(2) The contract shall specify whether the person is employed to work in a specific RADIUS determined or localities where the interests of the service required to be sent.
Article 65 the employment of each person will be brought to the attention of the staff from the compartment in which it is intended to work, indicindu him the rights and obligations incumbent on them, the tasks it has undertaken, and the rules of labour protection.
Article 66 (1) any person employed in the work may be delegated to or detached from the leadership of the unit to meet certain work out or work place, as provided by law.
(2) the delegation may be made for a period of not more than 60 days and not later than 6 detaching on Monday. To ensure the proper officials of the unit to which he was posted to the unit, or jurisdiction may extend the conferral or detaching same duration with a maximum of 60 days and 6 months respectively.
(3) in the cases and under the conditions provided by law, detaching can be done up to 2 years. In such cases will be awarded to those in the case and some additional rights according to laws in force.
Article 67 (1) the duration of the delegation, the posting or the passage of time in a different work than the one provided for in the contract of employment, by reason that retains previously proposed function and salary.
(2) when detaching or temporary passage into another work is a work that is made for a higher salary, or temporarily detached person last in another work entitled to this salary as provided by law.
Article 68 the person delegated or detached to another village, and whose activity is carried out within the framework of periodic or permanent displacements, are entitled to payment of the costs of transport and accommodation as well as the compensation as provided by law.
Article 69 the person in work can be transferred in the interests of the service, usually in another unit of the same branch, in order to ensure the proper officers thereof, or upon request, in accordance with the law. In the interests of the service transfer cannot take place where the person to be transferred is not for health reasons, proven with medical certificate, and in other duly justified situations.
The decision on the determination of the reasons is the competence of the hierarchically superior body.
Article 70 (1) contract of employment is concluded for an indefinite duration.
(2) in certain situations, the contract of employment may be terminated and on fixed term in case of replacement of a post holder is missing temporarily, and to which the unit is required to keep him, for keeping a work of a seasonal nature, and other temporary activities. Persons with a contract of indefinite duration of work, apply, the provisions of this code, due to the peculiarity of their seniority in the job market.
Article 71 if it is being sent to a school or course qualifying times improvement with the removal of production employment contract shall be supplemented by an addendum which States the obligation of the person placed in the work unit to work after graduation from school or a specific rate period set by law.
Article 72 (1) For those persons who, being placed in work, are called upon to meet their military service, the employment contract is maintained, and this period of military service enters into the calculation of seniority in the same continuous unit; the cause is required to return to work within 30 days of military service.
(2) in the case of leave for military by a person who has entered into addendum under article 13. 71, which sits within the period fixed by that work, the duration of military service not included in the calculation of the time provided for in the addendum. Also, it does not enter into the calculation of the duration of the period of the internship work provided for alumni serving in manufacturing industries, which have the obligation to carry out such an internship.
Article 73 framing according to heads of units and other leading frameworks established by ministries, other central executive bodies and committees of the District Councils and popular of Bucharest, in the contract of employment, in addition to the terms set out in art. 64, will include; their commitment and responsibility to preserve, defend and exploit to a higher level the assets entrusted to it; return-the deadlines and according to the law-value material assets that the State put them at the disposal of staff working on the lead it; to teach, when will be the case, money funds and materials of which they are responsible; to take the necessary measures for the proper management of the unit, for introducing new technology and advanced technology and increased economic efficiency of all activities.
Article 74 the employment of persons under article 4. 73 it will proceed with the teaching and acquisition of minutes of material and money funds to respond; handing-taking over shall be made in the presence of a special Commission set up by the hierarchically superior body and from which the delegate of this body.
Article 75 (1) promotion of the person placed in work in higher positions or categories shall be made in relation to the needs of the unit, due account of the conditions laid down to fill the post, personal qualities, and the results obtained in carrying out their tasks. Promotion is made on the basis of sample exam practice or competition, in accordance with the legal provisions.
(2) promote in leadership positions is the consideration of the preparation of policy, organizational and leadership skills of those to be engaged in such functions, as well as assessments and recommendations of the collective work in which they conducted the activity.
Article 76 (1) Between the drive, on the one hand, and the team of people working on the other hand, conclude a collective labour contract, meant to contribute to the Organization of work at upper strengthening and mobilizing all efforts for carrying out the plan, to continue improving the conditions of work and life of the unit.
(2) the contract shall be determined Through collective measures which the working people and the leadership collectives of the establishment commits to undertake to better use of production capacity, labour productivity growth, reducing energy consumption and the cost price, as well as for savings and benefits over the planned level, improve product quality, increase the efficiency of the economic activity.
Article 77 (1) collective labour Contract shall, under the conditions provided by law, forms of compensation, stimulating material for savings during the year, how to use the funds at the disposal of the unit remain as a result of overcoming burdens, plan to carry out social investment: housing, locker rooms, bathrooms, dormitories, health centres, crèches, cantine-restaurant and the like; the achievement of the objectives of protection of labour, cultural and sporting.
(2) collective labour Contract debated and endorsed by the General Assembly of the working people shall be signed on behalf of the unit, based on empowerment of collective leadership, by the head of them, and on the part of working people, by the President of the Trade Union Committee.
Article 78 (1) collective labour Contract shall be concluded annually. The provisions of the collective labour contract shall apply to all persons placed in the work unit.
(2) the ministries, other central organs of economic plants or, where appropriate, may conclude with unions of unions on the branch collective agreements for a period of up to 5 years, including the main measures for the implementation of the provisions of the plan, the application of labour legislation, the improvement of conditions of work and life in the respective sector units, as well as the measures necessary for the implementation of the provisions of the collective agreements from units.
Failure to comply with the obligations of article 79 through collective agreement constitutes, for those who are guilty of this, regardless of occupation or position in which they were employed, a breach of duties, which draws as appropriate, disciplinary, or criminal material.
Article 80 ministries, other central executive bodies and committees of the District Councils and the popular Bucharest, together with the corresponding trade union bodies, shall monitor the lawfulness of the collective labour contract provisions and how they are brought to fruition.
Article 81 (1) In the Socialist Republic of Romania, as the development of the technical-material basis of socialism, national income growth, ensure the raising of the national income, ensure the raising of the living standards of those who are working, of all people.
(2) the remuneration system, established by law, harmonious combination of personal interests with the interests of the entire society to everyone, getting some income in relation to the concrete contribution that each man of labour brings economic activity and the social and cultural.
Article 82 (1) in determining the remuneration of persons placed in work is rational distribution of national income, the realization of an optimum ratio between the national economic and Social Development Fund, with a view to continuous progress of national economy, as a key condition to the lifting of the level of life of the people.
(2) the remuneration shall be subject to the quantity, quality and importance of social labor, building to equal work equal pay. In order to ensure the role of incentive pay in determining the remuneration of the complexity of work, responsibility and request that they involve a level of professional education and length of service required for the performance of that work; It also aims at ensuring the proper proportions between the large and the small salaries of persons placed in employment, according to the stage of development of the national economy and the Socialist principle of equity.
Article 83 shall be established by law, in accordance with the planned development of the economy, the minimum wage, given the level of labour productivity, national revenue, aiming to meet the needs of working people always raising and family members.
Article 84 (1) on the tariff Wage employment is granted in relation to the degree of fulfilment of the tasks of the job, so that to constitute an incentive for those who carry out their duties in good conditions. Those who obtained outstanding achievements in work have the opportunity to achieve higher income, and those who do not fulfill their obligations to work follows directly the consequences of failure.
(2) failure to complete the tasks corresponding to attract diminishing wages within the limits established by law. In case of subsequent work loads, the amount withheld from wages shall be released in whole or in part, as appropriate, in accordance with the law.
Article 85 (1) where persons falling into work causing scrap their fault, responsible according to the law.
(2) If the scrap challenge is repeated, the cause will be switched to a job of a lower category; If the new job will continue to provoke rejection, i will be able to terminate his contract of employment as being inappropriate in the work.
Article 86 in exceptional cases when, due to technical or other reasons, the production process has been discontinued, persons placed in work will be paid with 75% of the tariff wage employment related time respectively provided that the cessation of the work to be produced without their own fault and if all this time remained at the disposal of the unit.
Article 87 (1) payment of wages is done periodically, interval of not more than one month ago.
(2) monetary Rights due shall be paid to staff before any other obligations of the unit.
(3) the Remuneration due for the work performed may not be subject to withholding tax than in the cases and under the conditions provided by law.
Article 88 in order to ensure stability, people in work are benefiting from increases in salary in relation to the length of uninterrupted in the same unit.
Article 89 People who work in jobs with harmful or dangerous conditions benefit from the salary increases according to the legal provisions. Management units are obliged to take measures to remove the causes that determine such cases, to ensure normal conditions of work without danger of accidents and occupational diseases.
Article 90 in order to increase the initiative and efforts to enhance the economic efficiency of production, taking into account the good results obtained in the work, particularly the achievement of qualitative indicators, the promotion of technical progress and application of innovations, in order to achieve savings of materials and labor force gratificatii shall be granted on an annual basis or, where appropriate, in the course of the year awards.
Article 91 (1) for the purposes of scientific organization of labour, production and rational use of time and personnel, shall specify the duties and obligations to each job; management units have the obligation to establish the Socialist rules of scientific advice, work to determine the concrete tasks incumbent upon every person placed in work.
(2) the achievement of quantity and quality of labor after is closely related to the normalization of labour, which contribute to the full worth of the inzestrarii technical units, the discovery of reserves of increase of labour productivity and reducing the cost price.
Article 92 Rule work for express quantity making operations or works by a person with the appropriate qualifications, working with normal intensity, in technological processes and conditions of work. It comprises time productively, time for outages necessitated by technological process determined and rational organization of labour, leisure time under the programme of work.
Article 93 (1) normalization of labour apply, in accordance with the specifics of the activity of economic units, social-cultural and administrative authorities of the State, to all categories of staff-workers, technicians, engineers, economists, other frames in the administrative work-both for those who are remunerated by the agreement, and for those who paid into directing.
(2) rules of work expressing themselves-according to the characteristics of the production process, or of what is normeaza-in the form of rules of time production rules, personnel rules, spheres of powers or other forms of appropriate to the specific requirements of each work.
Article 94 (1) unified rules of work shall be drawn up by the ministries and other central organs, executive committees of the District Councils and the popular Bucharest, and local rules of work of each Socialist state unit for its own needs, in all cases with the consent of the appropriate trade union bodies.
(2) as a result of the introduction of technical progress, improving the training of personnel and the implementation of technical and organizational measures that change the amount of work required to perform the work, together with the increase in labour productivity, work rules will be changed accordingly, in order to ensure a consistent full with new conditions created.
Article 95 Management units and bins have a duty to bring to the attention of personnel in a timely manner, the duties, rules of work established to carry out the training required for knowledge and their properties, to ensure the technical and organizational conditions contemplated in drafting the rules.
Chapter 4 Article 96 New Socialist Labour relations and infaptuire process of socialist society goals multilaterally developed, in all spheres of activity and for each Member of the team work, the need to observe strict discipline, fulfilment of the tasks of a neighborhood service.
Article 97 People in work have a duty to carry out precisely and on time, their obligations to their jobs, to achieve the objectives of production plans, plans for the Organization of all activities and the improvement of labor. They have the duty to act in a conscientious way to enhance efficiency and improve product quality, for carrying out the obligations arising from collective agreements and individual employment, the regulations for the Organization and operation of the units, internal regulations, and the provisions of the heads of units and heads of hierarchical superiors.
(1) the governing bodies of the units of the Socialist have a 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 the Socialist Labour to act against any lack of liability of neglect and wastage, any facts that bring damage to public property.
(2) the bodies of collective leadership of the Socialist units, along with trade union committees, will develop rules of procedure, which will determine the duties to be fulfilled by the persons assigned in the work and the measures necessary to ensure the Socialist labour discipline.
Article 99 to fulfil in the best conditions of tasks delegated to them, as well as for outstanding accomplishments in achieving individual and collective commitments, people falling into work may receive according to the legal provisions, the following rewards: a) increments or gradations in the tariff wage reduction of minimum age prescribed by law;
b) gratificatii, awards and other rewards;
c) orders, medals and honorary titles, Honorary diplomas, badges, distinctive titles;
d) entry in the book of honor, on the scoreboard, emphasizing work, verbal and written thank-you notes.
Article 100 (1) Violating with guilt by the employed work regardless of occupation or position that I occupy its obligations, including the rules of conduct constitutes misconduct, which shall be imposed, if necessary, by law: a) reprimand;
c) withdrawing one or more of its wage increments gradations or over a period of 1-3 months or, in the case of those employed with the salary level, diminishing it with 5-10% on the same period;
(d) reducing the wage) reducing managerial compensation during the 1-3 months, with 5-10%;
e) demotion depending or in category-within the same profession-lifetime 1-3 months;
f) disposal of disciplinary work contract.
(2) In case of violation of rules on order and discipline in the workplace, personnel of the compartment in which the person responsible for taking the debate to committed and deviation management unit application of disciplinary sanctions, including termination of employment.
Article 101 (1) disciplinary Sanctions shall be established and shall apply to collective management body or, where appropriate, by the head of unit or compartment, in accordance with the law.
(2) disciplinary sanction Against may make the complaint within 30 days of notification of the decision of sanction.
Article 102 (1) Defence material and spiritual values of socialist society represents a fundamental duty of all working people. People in work are responsible for the damage resulting from the guilt and public property in connection with their work.
(2) they are not responsible for losses inherent in the production process which falls within the limits prescribed by law for damage caused due to unforeseen causes, and which could not be removed, or in other similar cases in which damages were caused from the normal risk of service or force majeure.
Article 103 (1) in the determination of liability, damage materials what needs to be repaired does not include unrealized benefits of unity as a result of the offence committed by the one employed in the work.
(2) When the damage had been caused to the unit through an act constituting a crime, the responsibility shall be determined according to the criminal law. In this case, the amount of the damages shall include benefits unrealized.
Article 104 People in work are obliged to know the legal provisions relating to employment, the operation of the facilities, use of tools, raw materials and at the same time to apply these rules rigorously.
Article 105 (1) when the damage was caused by two or more persons, the liability of each is established due to the extent to which they contributed to the challenge.
(2) If the extent to which each has contributed to cause the damage cannot be determined, the liability of each of these persons shall be determined in proportion to the wage tariff net on her employment from the date of the finding of damage and, where appropriate, and depending on the length of time worked since the last inventory of goods.
Article 106 the person who cashed a nedatorata amount is bound to repay that amount; If you received the goods why not owed and which can no longer be returned in nature or have been rendered services to which he was not entitled, she shall be obliged to pay their equivalent value, calculated in accordance with the law.
Article 107 (1) Order the payment of compensation or the value of goods, as well as the reimbursement of amounts receivable without right, is via the decision issued by the head of charging unit; When the payment or repayment to be made by the driver or other people's unity in the work of the hierarchically superior body, either alone or together with others, the decision is issued to the imputation of this organ.
(2) to cover the damage to the drive, as well as for reimbursement of amounts or the payment of the value of assets that can no longer be returned to the nature of the services that cause undue can, to get a commitment for payment in writing, which shall be enforceable.
Article 108 (1) liability for damage caused during the unity can be established only in cases where it was established no later than three years from the date of its production, and in the case of a refund of the amounts payable for the goods or services in uncalled-for times no later than one year from the date of receipt of the sums or goods times when he received undue service.
(2) the date of issuance of the decision is a maximum allocation of 60 days from the date when the right to issue the decision took notice of the occurrence of the damage.
(3) the decision on allocation will be motivated and will mention the term in which they can be challenged before the competent body and to settle. It shall be made known within 15 days of the issuance of the person liable for the payment or refund and shall be enforceable from the moment of notification.
(4) after the expiry of that period, injury shall be charged the one guilty of failure to take the measure of imputation.
Article 109 (1) the amount established for claims shall be withheld from pay in monthly installments, as well as any other amounts due to the person concerned on the part of the establishment at which it works.
(2) the rates cannot be larger than 1/3 of the net monthly tariff wage, without being able to overcome together with other deductions that they would take the case, half of that salary.
(3) If the contract of employment before the person breaks in the case compensated to be unity, and it falls to another unit, the execution will be done by the new unit, according to the preceding paragraph on the basis of referral by the enforcement unit was pagubita.
(4) in the event that the cause could not be employed in work in another drive, tracking will be done on any of its goods, except for goods exempted by law from prosecution.
(5) in order to cover damage Tracking can straighten and against another person than the one who has caused the damage, in the cases directly prescribed by law.
Article 110 any person who considers that the charging or retention was made without grounds or in violation of the law, and that after he signed a pledge payment found in reality not partly or total the amount claimed by the unit, it may address the Tribunal in accordance with the notice of opposition. It, at the request of the person concerned, taking into account the circumstances, the decision may be suspended until resolution of the dispute.
Article 111 (1) the unit is liable according to the law, to indemnify the person employed in the work, where it suffered due to the drive, an injury during the performance of their duties or in connection with the service.
(2) the unit has paid compensation is required to recover amounts paid from the person guilty of damage occurrence, pursuant to article. 102 and following.
Chapter 5, Article 112 (1) the duration of work time may not exceed 48 hours per week and 8 hours per day.
(2) In the case of establishment for a given working day in a week of a duration of less than 8 hours, time in other days may be higher, without exceeding 9 hours a day.
Article 113 (1) until the Elimination of the causes that cause harmful working conditions, heavy or dangerous, at some length of time jobs for people working in such conditions is reduced by less than 8 hours per day, without that it lead to a decrease in remuneration.
(2) the employment conditions, with heavy or dangerous contaminants and length of time of work for each of them shall be determined by decision of the Council of Ministers. To that end, ministries, other central executive bodies and committees of the District Councils of Bucharest and will make appropriate proposals, with the opinion of the Ministry of labour, Ministry of health and the General Union of trade unions.
Article 114 (1) for people whose work programme is carried out during the night, the duration of employment is less than one hour duration with work done during the day, without that it lead to a decrease in remuneration. The provisions of this paragraph shall not apply to those who have a normal work schedule of less than 8 hours.
(2) in the process of work is uninterrupted or where specific conditions of labor demands, the program during the night may be equal to that of the daytime. Work carried out during the night, under a programme shall be paid with an increase of 15% of the tariff wage employment, for hours worked during the night, if these hours represent at least half the normal working schedule. In exceptional cases the Council of Ministers can endorse at some units increase up to 25% of the tariff salary increase for the work during the night.
(3) the bonus for night work benefit people whose working time shall be established pursuant to article. 113. Article 115 is considered night work that are provided in the period between 22-6, with the possibility of deviation, in justified cases, with one hour less than or in excess of those limits.
Article 116 in construction, in the forestry industry, in agriculture and in other activities with specific conditions, duration of working hours may be subject to the conditions and limits laid down by decision of the Council of Ministers, in agreement with the General Union of trade unions, as on average not exceed monthly, quarterly, semi-annually or annually, depending on the circumstances, the normal duration of working hours.
Article 117 (1) during working hours may be granted a break for no more than 1/2 an hour, which is not included in the duration of employment. In establishments where no one can interrupt the work will give the possibility for mass to be taken during the service.
(2) the interval between two working days of at least 12 consecutive hours between the end of the working hours of a day and the beginning of the work programme the following day. This range may be lower-but not less than 8 hours-when changing shifts.
(3) the Organization of working time, breaks, the highlight of this persons falling into the work, shall establish rules of procedure.
Article 118 (1) the provision of labour over the normal duration determined in accordance with the foregoing articles may be required in the following cases: a) for retention or removal of the effects of natural disasters or other cases of force majeure and in situations that endanger the health or life of other persons;
b) for removing the effects of unforeseen circumstances that would cause harm to the proper officials of the services of water supply and sewerage, electricity, postal services and telecommunications, roads and means of transport of fuel dispensing facilities;
c) to repair appliances or installations where the fault causing the termination of their work for more people;
(d) to prevent or eradicate) situations that could cause degradation or destruction of raw materials or products.
(2) the duration of the Work over the situations referred to in the preceding paragraph are provided based on management's establishment, disposition date in agreement with the Trade Union Committee.
Article 119 the work over normal duration can be done in other special conditions, in relation to production and labour interests. In this case, the normal duration of work over can be done up to 120 hours per year, per person, on the basis of prior approval, other ministries and central organs, executive committees of councils and popular of the municipality of Bucharest, with the agreement of the Trade Union branch units. Under the decision of the Council of Ministers, in agreement with the General Union of trade unions, a proposal from the bodies referred to in the preceding paragraph to have been made in consultation with the unions, it will be able to approve some units in special cases altogether, making overtime over the ceiling of 120 hours annually, without however exceeding 360 hours per year.
Article 120 Hours in which a person performs work over normal duration of working time are overtime and shall be compensated by time off. If such work performed could not be compensated with free time, in the next 30 days, and the one in the case agrees, overtime will be retribui with a raise, as follows: a) 50% of the tariff wage employment for first 2 hours exceeded the normal life of the day;
100% of b) tariff wage employment for hours in excess of the first 2 hours for work performed in the weekly rest days, statutory holidays and during the other days, according to the legal provisions are not working.
Article 121 shall not be extra retribuie work performed over the programme of work by people with leadership positions, and by those whose business-thanks to the specificity of work-can't fit into normal working schedule; These persons receive a wage determined in relation to liability and obligations, as well as, where appropriate, additional leave and allowances.
Article 122 the work programme for persons working in continuous touring, turnus, or other forms of organisation of working time in hours and the guard unit of the medical and health personnel, and the arrangements for payment shall be established by decision of the Council of Ministers, in agreement with the General Union of trade unions.
Article 123 Hours rendered by persons placed in work over the programme of work in order to ensure the service unit-except those fulfilling leadership functions of the units-shall be compensated by time off in the next 60 days.
Article 124 (1) any person employed in the work entitled, every week, at a rest of at least 24 consecutive hours.
(2) Weekly Rest shall be granted, usually on Sundays. Where the production process does not allow interruption of the activity or the specifics of the service requires the conduct of labor day on Sunday, the head of the unit, with the agreement of the Trade Union Committee, appoint another day of the week, as a day of rest, provided that at least once in 2 months every person to ensure the day of rest on Sunday every week. In exceptional cases, the conditions under which the work is done on isolated sites, weekly rest may be granted through aggregation in a longer period, with the consent of the persons placed in work.
(3) statutory holidays and other days it doesn't work shall be determined by law.
Article 125 (1) persons falling within the work entitled-according to the law — every calendar year to a paid annual leave, 15-25 working days in relation to the length of the work.
(2) in addition to the holiday granted in relation to the length of labor, those who work in jobs with harmful conditions, heavy or hazardous benefit from additional holidays, the conditions set by the laws. Additional leave shall be entitled, according to the legal provisions, and those who have the management of the units and their asimilaţii.
(3) the annual leave of teachers shall be determined by the Statute of teaching staff and shall be granted during school holidays or University.
Article 126 (1) annual leave shall be made in full and in each calendar year; the leave may be granted and spliced, if the interests of the service request or at the request of the person concerned, when the interests of the service permit, provided, however, that one of the fractions to be at least 15 days.
(2) annual leave could not be performed for reasons justified during the calendar year for which it is necessary will be conducted within the next year, together or separately from holiday this year.
(3) for the period of the leave, people placed in work benefit from an allowance calculated on the basis of the average salary achieved in the last 12 months and which is payable in advance.
Article 127 (1) seasonal Business Units, as well as in special situations, other units, may be granted leave without pay indefinitely, maintaining the quality of the people in the work of the cause and maintenance of rights arising out of this quality.
(2) the conditions in which they can provide without leave referred to in the preceding paragraph units shall be established by decision of the Council of Ministers.
Article 128 ensuring judicious time being an issue of social State bodies, trade unions, other public organizations, each unit must concern themselves with the necessary conditions for recreation, restoration work capacity, broadening knowledge and awareness of all that work. People and their families benefit from the places of rest and recreation, libraries, houses of culture, clubs, playgrounds, and sports, as well as other conditions designed to help meet the growing demands of always demands and preferences in the use of free time.
Chapter 6 employment relationships Article 129 shall cease upon expiry of the term for which the contract has been concluded or as a result of termination by agreement between the person in the work of the unit, as well as through termination at the initiative of one of the parties.
Article 130 (1) contract of employment may be loosened from the unit, if: (a)) the unit reduces its staff through the abolishment of nature to the one occupied by the cause as a result of reorganization;
b) outgoing unit through injunctions;
c) unit moving to another city, and the person does not agree to a framed follow;
d) unit moving to another city and has the opportunity to ensure that the necessary frameworks at the local level;
e) person does not correspond, under report, the station has been framed;
f) position held by the person in the work is integrated, on the basis of the decision of the competent organs, who previously held the position;
g) person in work retire for limit of age or invalidity of grade 1 or 2;
h) at reincadrat in the work or maintained after his retirement for age limit is no longer required;
I) framed in person work latter commits a serious offense or repeat infringers of its obligations, including the rules of conduct in the establishment;
j) the cause is arrested more than 60 days;
k) the person employed is convicted for an offence permanently in connection with his work, if the station makes it inappropriate sentencing it holds;
Criminal Court) pronounced a ban on exercising the profession, temporal or definitive.
(2) the employment contract can be disposed of on the basis of subparagraph (c). e, i or k, no later than a month from the establishment, by the head of the unit, circumstance constituting the basis of disposal.
Article 131 (1) in cases where the contract of employment for the reasons listed in article 1. 130 paragraph 1. and (b). a-f, the unit will be awarded to the person whose contract of employment has been loosened a notice of 15 working days. During the period of notice is required to continue the work under the programme of work.
(2) where a person breaks their contract of employment without the drive to încunoştiinţeze ahead of time about this neacordîndu-i-15 business days notice-this person is entitled to receive upon termination of employment compensation equal to the tariff wage employment on a half moon.
Article 132 (1) The dissolution, on the initiative of the unit, the contract of employment will be consulted the Union. In the case of persons placed in employment, who are members of the Union or of other organs, trade unions will be consulted and the Trade Union body; in the case of those elected to the governing body of the collective or the Commission, shall be taken and approval body which i chose.
(3) In the case of persons placed in the work of the hierarchically superior body, including termination of employment shall be made by that body.
Article 133 (1) if the contract of employment to be placed on the initiative of the unit for the reasons listed in article 1. 130 paragraph 1. and (b). a-c, e and f, it is obliged to provide persons in the case of passage in other appropriate work, asking for this purpose hierarchically superior body support and distribution of the work or, if necessary, to take measures for the retraining of these people.
(2) units have the obligation to ensure its passage on the appropriate jobs to those retired for disability grade 3, in case of impossibility to maintain them in further work in retirement. Also, the units have the obligation to work the repuna previously owned or in corresponding preparation work on those who have ceased operations as a result of retirement for disability and became unable to work.
Article 134 (1) including termination in all cases shall be determined by the management of the establishment, with the brightness of the reasons, the legal provisions on which it is based, deadlines, as well as the bodies that measure taken can attack.
(2) the provision of the contract shall be made in writing within 5 days of the unit. It produces its effects from the date of communication.
Article 135 severance of employment at the initiative of the person placed in the work is done with a notice of 15 working days; If the functions of leadership, the notice is 30 days. During the period of notice this person is required to continue the work under the programme of work.
Article 136 (1) In the event of cancellation of the sale contract, the unit is required to be considered reincadreze as the one to whom the contract has been unduly loosened and to pay him on time as was deprived of wages because of this compensation calculated on the basis of the average salary or done in the last 3 months prior to the dissolution of the employment contract.
(2) if the person concerned has been employed in the meantime in a function with a retributie bottom or has made other smaller earnings, the compensation provided for in the preceding paragraph will consist, for the respective period, the difference between the average salary achieved previously sale contract and a win achieved in the meantime.
(3) a person who in bad faith has given rise to the application of the measure on sale of employment contracts, disciplinary, material and respond, where appropriate, criminal.
The person guilty of non-enforcement of the judgement shall be responsible towards the reintegration unit for the payment of compensation at the time of the pronouncement of the judgement and its actual execution.
Article 137 (1) Time as well as an individual activity took place on the basis of a contract of employment constitute the work and other periods stipulated by law.
(2) the conditions under which a person employed has seniority in age, work in continuous uninterrupted work, seniority in the same unit, depending on seniority, craft or profession, and the calculation thereof, as determined by law, and the proof is done with the book and work with other acts or means of proof, in accordance with the law.
(3) the unit is required to issue to persons placed in work, at the end of the contract, the book of job, complete with all of the data up to date.
Chapter 7, Article 138 (1) Improvement of working conditions, care for the protection of life and health of the working people in the production process, in order to prevent accidents at work and occupational diseases, it is a concern of the State, a primordial obligation of all ministries and other central organs of economic entities and institutions.
(2) by endowing the enterprises with high-tech machines, mechanization and automation of production processes, ensure the exercise of the relief workers, safety at work, in which the State allocates significant funds aim for safety.
Article 139 (1) labour protection measures shall be laid down by the rules of safety and hygiene of work-on jobs, machinery, equipment, appliances, installations, equipment and technological processes.
(2) the rules of the Republican labour protection are mandatory for all branches of production; for jobs with a specific special shall be determined on the basis of Republican rules, by the ministries and other central organs, departmental protection rules.
Article 140 (1) an integral part of the process of production safety will be ensured as early as the design phase of the objectives and the realization of investments-buildings, plant, machinery, equipment, machinery, appliances, fixtures-their location and their exploitation, as well as the introduction of new technological processes, appropriate to the degree of science and modern technology.
(2) new or re-worked Drives cannot start business, wholly or partially, than with the prior authorization of the labour protection authorities and health bodies.
Article 141 (1) the work shall be entitled, in relation to the conditions under which the work is done, the protective equipment free of charge. They also have the right, under the law, the working equipment.
(2) persons working in harmful or dangerous conditions shall be granted during working hours, according to the legal provisions, a special diet in order to increase the resistance of the organism.
Article 142 (1) have the obligation to units Management establish, together with the measures of implementation of the plan of production or service tasks, appropriate protection measures for each job, including measures for the prevention and control of pollution of the environment. They shall also take measures that persons placed in his work thoroughly familiar with the rules on safety and hygiene at work, which must comply with in carrying out their work.
(2) the obligation to have units Managements periodic, along with trade union bodies and health, causes of accidents at work and occupational diseases and to take measures for the removal of nuisances which endanger the life and health of working people.
Article 143 (1) responsibility for achieving full labour protection measures have, according to their competences, those who organize, lead, coordinate and monitor the work processes.
(2) the work are obliged to know and abide by the rules in full safety and occupational hygiene at places where they operate, to use and to maintain in good condition the individual protection means with which they have been entrusted.
(3) violation of the laws concerning labour hygiene and security technique it is noticed by the hierarchically superior bodies, bodies of the State inspection for labour protection, health bodies and Trade Union bodies and attract disciplinary, administrative or criminal material, as appropriate, in accordance with the law.
(1) social security for people in work in the Socialist state units are organized by State medical assistance in case of illness and accidents at work, payment of aid money in case of temporary loss of work capacity, support for strengthening and restoring health holiday maternity payment, granting pensions and other special measures, constitute the expression of a high worries what in our society to the producers of all material and spiritual goods.
(2) enjoy the right to social security in accordance with the law, and family members of the person placed in work.
Article 145 (1) social security is achieved by: a) Allowances granted in the event of temporary incapacity by illness or accident in the Canal; for restoration and strengthening health, in case of prohibition of medical bodies, as a preventive measure, access to the workplace, death in the family, and in other cases provided by law;
b) in the case of Benefits reference at rest and treatment at health spa services;
c) pensions for age limit;
(d)) Disability Pension;
e) Pensions for surviving dependants.
(2) persons falling into the enjoys more work: a) free medical care with prophylactic and curative treatment during outpatient and hospitalisation in hospitals or other health units with beds;
b) medicines and sanitary materials required during free prophylactic actions and deaths in hospital or other health units with beds; medicines and sanitary materials needed for outpatient treatment, in accordance with the law;
c) maintenance free during hospitalisation in hospitals, other health units or ambulatory beds.
Article 146 of the person placed in Contract work cannot be opened on the initiative of the unit during the temporary incapacity of work in receiving social insurance benefits in case of pregnancy, during maternity leave and during lactation, from how sick child care, in the age of up to 3 years, and during military service as well as meet husband Apart from the cases provided for in article 10. 130 paragraph 1 lit. c, d, g, j, k, l.
Article 147 People in work will be assigned to other work than the incumbent, according to their classification on the basis of medical advice while he was under medical treatment, without thereby diminish them salary for a period of up to 3 months in a calendar year.
Article 148 (1) In order to recover the social and professional development of those persons who, being placed in work, can no longer work in their profession or job as a result of accidents, occupational diseases or other illnesses that cause disability, will organize retraining courses by enterprises, ministries and other central organs, executive committees of councils and popular of the municipality of Bucharest under the guidance of concept of the Ministry of labour and the Ministry of health.
(2) the State supports categorizing and placement in work of handicapped persons. Units will take measures for the employment of these persons work, taking into account the criteria and priorities established by the laws.
Article 149 of the contribution Amount for units of social security shall be fixed by law. Non-payment of social security contributions by not missing persons unit assigned in material aid work what are yours.
Article 150 particularly social security pension, persons falling into the enjoys work from a fund set up by their contribution based on the principle of mutualitatii, a supplementary pension, whose conditions of grant shall be determined by law.
Chapter 8, Article 151 (1) In the Socialist Republic of Romania is given a high appraisal of work building a woman the right to hold any Office or employment, in relation to the preparation and her ability, leaving them at the same time the conditions for multilateral development of his personality. The remuneration which it provides applies the principle of "equal work equal man of retributie".
(2) women placed in work enjoy special measures, health care and the necessary conditions of care and education of children.
Article 152 (1), pregnant women and lactating ones will not be able to be used in jobs with harmful conditions, heavy or dangerous, or contraindicated medically and will not be able to be matched to overtime.
(2) pregnant women and lactating ones, who find themselves in the situations described in the previous paragraph, will be passed on to other jobs, without thereby to drop salary.
Article 153 women's work during the night in industrial units, is permitted only in the following cases: a) for women who hold leadership positions or functions of a technical nature involving a special responsibility;
b) for women working in the health services and social assistance;
c) in cases of force majeure, an interruption in the operation of devices and installations when the malfunction causes the termination of their work, and when work is necessary to save from an inevitable loss of raw materials or products;
d) in other cases, in some branches of production laid down by decision of the Council of Ministers, in agreement with the General Union of trade unions.
Article 154 pregnant women, starting from the sixth month, and those nursing will not be assigned to night work.
Article 155 (1) women are entitled to paid maternity leave, which consists of a 52-day prenatal and postnatal leave of 60 days.
(2) If the birth occurs before the expiry of postnatal leave, prenatal leave is extended by the number of days of prenatal leave not done.
Article 156 (1) Establishments are obliged to grant women during work breaks for feeding and child care, for half an hour, at intervals of not more than 3 hours. At these breaks are added and the time it takes to travel went and returned to the place where the child is found. Time for breastfeeding, including trips, may not exceed 2 hours daily. Breaks are granted until the fulfilment by the child of the age of 9 months, putindu-extending up to 12 months in the case of premature children, the sick and those who require special measures of care, medical advice.
(2) at the request of the mother, breaks for feeding and child care will be replaced with the reduction of normal working programme with 2 hours daily.
(3) breaks and reducing working hours granted for the purpose of child care supply and shall be included in working hours and do not have consequences on remuneration or other copyrighted material.
Article 157 women who have sick children less than 3 years will be awarded, with medical advice, paid leave for caring for them, which are not included in annual leave.
Article 158 women who have children up to age 6 years, caregivers can work with 1/2 the norm if you are not getting the nursery or care homes; how much time have been classified under these conditions is considered, in calculating seniority in the job, while working with an entire rule.
Article 159 (1) Youth enjoy the caring of our socialist society. Preparation, formation and multilateral professional integration of young people, the appropriation of knowledge necessary for the exercise of a profession shall provide free of charge.
(2) the Ministry of education and higher education, other ministries and central organs, executive committees of Councils, subordinate units and schools of all levels have the duty to ensure a close combination between theoretical preparation and training of pupils and students, creating the conditions necessary for the accomplishment of this task.
(3) in our country, students, those students who attend various types of training supported, in the form of scholarships, textbooks and other materials, appropriate allowances their intake into production during preparation.
4. All young people ensure their jobs according to skills, in preparation for their aspirations and needs of the unit.
(5) keeping of manifest duty have a concern for the development of the spirit of responsibility in solving tasks in the work and teachings, to put their full energy and talent at the service of Australia.
Article 160 (1) professional qualification through apprenticeship at work is done on the basis of the contract of apprenticeship and training is achieved through practice in production units or serving members of the public and through theoretical training.
(2) the disciples receive during the preparation of scholarship or an allowance corresponding to their production and supply free textbooks, study materials, as well as other rights stipulated by the law. They benefit, too, throughout the period of apprenticeship of protective equipment, material assistance within the framework of social insurance, health care and medications free, and school vacations.
Article 161 (1) for the protection of their health, both under the age of 18 years engaged in work, cannot be assigned to places with conditions dangerous, arduous or harmful and may not be used at work during the night.
(2) also in keeping entertained until 18 years of age may not be used in work over the duration of the work day, than in the cases provided for in article 10. 112 para. 2 and art. 118. Article 162 for the duration of the working time of young people between 14 and 16 years of age is set at 6 hours per day, without thereby bring a decrease in remuneration.
Article 163 For keeping the age up to 18 years, the duration of leave is 18-24 working days, differentiated according to the law in relation to age, so that the younger ones to benefit from a leave.
Chapter 9, Article 164 Unions are professional organizations that are founded under the right of association as provided for by the Constitution and operates on the basis of their own statutes of the General Union of trade unions of unions by branch of activity and trade union organisations from units.
Article 165 (1) Unions mobilize masses for the realization of the programme of the Communist Party of the edification of the new company, "a sustained activity to increase labour productivity, high quality of production, promoting technical progress, raising the level of training of the working people to comply with rigorous discipline in production and carrying out the duties incumbent upon every person placed in work.
(2) trade unions serve the interests of the working people, participation in drawing up and carrying out directly to policy of the party in ensuring working conditions and lifting of the welfare of those who work. They participate directly-all rungs-at the head of the economic and social life, their representatives forming part of the committees and councils of the working people, of collective organs of the ministries and other central institutions, as well as from the Government of the Socialist Republic of Romania.
Article 166 Through their whole activity, trade unions contribute to the development of Socialist consciousness of those who work in the spirit of the materialistic conception of the world and society, to match the corresponding moral cultivation principles of ethics and equity Socialist and Communist; they are responsible for organizing cultural and artistic activity and sports units, using for this purpose the material base and the means at their disposal units deal with Socialist, good organization and judicious use of leisure of people working closely with the other, production advertising on public organizations and specialized bodies.
Article 167 trade unions participate directly, together with competent State bodies, in the elaboration and implementation of all rules and regulations concerning the rights and obligations of persons placed in employment, as well as those concerning labour protection; deal with the correct application of the system of remuneration of labour; observe the working hours and rest time, other measures established by labour legislation.
Article 168 Together with committees and councils working people, trade unions ensure the proper preparation and conduct of general meetings of working people, intended to create the conditions that allow the participants to these meetings to analyse the way in implementing the plan, to make proposals to improve the work, working conditions and lives of personnel employed in the work, acting in fulfilment of decisions taken and proposals made during the general assemblies.
Article 169 trade unions defend in front of jurisdictional bodies of any kind and in the face of State bodies and public associations to their members rights arising from labour legislation.
Article 170 Heads of establishments are obliged to support the work of trade unions agencies across material conditions for its smooth operation. At the same time they have a duty to examine and solve Trade Union bodies and proposals intended to contribute to the improvement of activity of establishments and working conditions and lives of working people.
Chapter 10, Article 171 (1) strict constitutional laws entails for all units and persons placed in Socialist Worker.
(2) Groups of people working from Socialist units shall make a contribution to strengthening the importance of Socialist legislation, preservation and protection of public property, combating any manifestations of breach of discipline, the rules of ethics and rules for social coexistence.
(3) analysis of the General meetings of working people from units of the discrepancies that bring the attainment of public property or which are contrary to the rules on the preservation of order and discipline in the work, the setting of raspunderilor and firmly taking measures that might be required in each case, and debate by the large groups of working people and expressing their opinion in relation to the facts of violation of law forming the subject of lawsuits require effective forms of participation of the masses in ensuring compliance with the law and the education of the Socialist working.
Article 172 (1) exercising what to agree on the basis of work carried out is guaranteed to persons falling into work through appropriate legal guarantees.
(2) they can challenge disciplinary sanctions which they reckon applied without grounds or in violation of the law and any measures which it considers unlawful, infringing rights restitution claim. Any breach of the rights of persons placed in work attracts the liability of persons convicted.
(3) disputes between persons placed in work units, in relation to the conclusion, execution and termination of the employment contract, litigation work and resolve by the commissions, courts or other bodies stipulated by law.
Article 173 (1) of law Committees are organs of public advocacy and legal jurisdiction chosen in the General Assembly of the working people, which is achieved through the participation of the broad masses to carry out socialist legality and educating people in the spirit of fostering correct attitude toward work, strengthening and development of public property.
(2) the commissions of disputes work units whose value does not exceed a certain level established by law or is neevaluabil in money and which relate to: a) disputes between people in work and in connection with the conclusion and execution of contract of employment;
b) disputes relating to claims relating to rights in connection with the termination or reintegration into work when not disputing the merits and legality of these measures;
c) any other workplace disputes not being given by a provision of the code or other regulations face within the competence of the courts or other organs.
(3) the Organization and operation of the committees, proceedings before such organs, appeals against decisions handed down and how to realise them shall be determined by law.
Article 174 Are within the competence of the courts: a) disputes in connection with the conclusion and execution of employment contracts the object of which exceeds a certain value set by law;
b) appeals against the dissolution of the contract and disputes relating to reintegration into work, except those made by people with leadership positions appointed by the hierarchically superior bodies, as well as managers, directors and asimilaţii of the central organs.
Article 175 (1) of competence of the administrative organ, hierarchically superior or of collective leadership, according to the law: a) appeals against disciplinary sanctions which through code or through face another statutory provision was not given in court jurisdiction or other organs;
b) appeals against the dissolution of the contract, as well as disputes relating to reintegration in the work of people with leadership positions appointed by the hierarchically superior bodies, as well as its directors, Directors-General and asimilaţii from central organs;
c) appeals in connection with the granting of salary increments and gradations, against a reduction in salary for failure to complete the tasks of the service, and to grant awards and gratificatiilor.
(2) the period of resolving complaints is 30 days.
Article 176 (1) the term of referral of dispute resolution is 30 days from the date of communication, where the law provides for the necessity of a communication, and in other cases, from the date when the person concerned has taken knowledge of the extent or circumstance giving rise to the dispute.
(2) For any claims of individuals falling into money work toward unity-any loss suffered or rights not granted-the term is referral for 3 years from the date of the damage or the date when the rights needed to be granted.
Article 177 (1) a person who has missed the deadline for instituting the jurisdiction may request the enforcement thereof, for special reasons, the throw-in.
(2) an application for relief may be made within 15 days from the cessation of the cause which has prevented referral on time.
(3) in the case of acceptance of the application, the matter is referred to the dispute will proceed to settle.
Article 178 In any litigation work, evidence of solidity and the legality of the provision or measure taken by the unit is in its task.
Article 179 Applications before any organs or courts, and all procedural acts in connection with the settlement of disputes and in enforcement, are exempt from stamp duty.
Article 180 ministries and other central organs of State and public, as well as executive committees of Councils, have the obligation to take measures for the knowledge and compliance with labour legislation and ensure the monitoring of compliance with the legal provisions concerning employment relationships and in their subordinate units.
Article 181 (1) the Ministry of labour, as the central body specialized in labour issues, exercise control of the application of the legal provisions relating to the employment of persons in the work of all units of the State, cooperative and other public organizations, as well as those concerning employment relationships established with legal persons other than Socialist units, and individuals. Executive committees of the District Councils and the popular Bucharest, through local authorities specialized in labour issues, exercise control of the application of labour legislation in all units within the County and the municipality of Bucharest.
(2) trade unions organized and exercised, according to the law and their status of public control over the observance of the legal provisions concerning employment relationships.
Article 182 (1) the controlling Bodies of compliance with the legal provisions concerning employment relationships are required to take or, where appropriate, to propose measures to punish those guilty accountable.
(2) at the same time, the public authorities, within the limits of their competence, give indications of specialty units controlled.
Chapter 11 Article 183 (1) the provisions of this code shall also apply to employment relationships between units and individuals providing Socialist work at home employment relationships established with juridical persons, other than a Socialist units. These provisions also apply to employment relationships of the artisans with their own workshops and disciples on persons or property under the law they can fit, and employment relationships of the household staff, or carrying out works and services and others on the basis of a contract of employment.
(2) the provisions of this code shall also apply to employment relationships of cooperative organizations and other public organizations and persons placed in these organizations, on the basis of a contract of employment.
(3) the provisions of this code are applicable and employment relationships of the Romanian units and foreign nationals, subject to the conditions laid down in the provisions concerning aliens and regimes to agreements in which Romania is a party, as well as employment relationships of Romanian citizens and joint ventures that operate in the country.
Article 184 Is a public cooperative organizations and recommends that, insofar as there is provision in the Bill that waits for them, to regulate labour relations concerning their members, corresponding to the principles contained in this code, adapted to the specifics of their activity.
Article 185 military rights and obligations are laid down in special regulations.
Article 186 provisions of this labour code does not apply to relationships where the provision of hard work is done on the basis of a civil law contract.
The provisions of article 187 of this code shall be complete with other provisions of labour legislation and, insofar as they are not incompatible with the specifics of the service under the provisions of civil legislation.
Article 188 Through units as parties in employment relationships with persons falling under an employment contract, the Socialist state units, cooperative organizations and other public organizations.
Article 189 By people with leadership positions, for the purposes of this code, shall mean the heads of units, appointed by superior bodies, officers, directors and asimilaţii of Central and local bodies, heads compartments of labour units, and their asimilaţii, referred to in the lists of functions.
Article 190 against the sale contract is handled fairly, confidentially, and disputes relating to reintegration into work, pending the administrative authorities hierarchically superior to the date of entry into force of this code, shall be settled by these organs.
Article 191 This labour code shall enter into force three months after its publication in the Official Gazette of the Socialist Republic of Romania. Starting from the same date shall repeal the labour code of 8 June 1950, as amended, and any other provisions to the contrary.