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Law No. 3 Of November 20, 1982 (Republished) Concerning Participation, With Shares, The Working People From Economic Units Of The State Fund For Economic Development

Original Language Title:  LEGE nr. 3 din 20 noiembrie 1982 (*republicată*) privind participarea, cu părţi sociale, a oamenilor muncii din unităţile economice de stat la constituirea fondului de dezvoltare economică

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LEGE no. 3 3 of 20 November 1982 (* republished *) on the participation, with social parts, of the working people of the state economic units in the establishment of the economic development fund
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 45 45 of 10 July 1986



The development of socialist property, the self-driving of workers, the lifting on a higher step of the quality of the working people of the owners of the means of production, of producers and beneficiaries of the entire national wealth, require that they to assume, in a higher degree, the responsibility of the good management of the part of the national wealth entrusted to them, to actively participate in the most efficient administration of the patrimony of the unit, to the management and development of the entire economic activities. In this framework, ensuring a closer connection of each working man with the unit in which he works and the more accentuated co-interest of the staff in obtaining superior economic results makes it necessary to establish the right to the people of work to contribute, in money, in the form of social parts, to the development of productive fixed assets and to obtain, depending on the contribution, an additional income from the benefits. The contribution of the working people to the establishment of the development fund will lead to the strengthening of their responsibility, as owners, for the development and defense of the public wealth and the maximum use of the means available to them, to the more active participation of work collectives in the self-management and self-management of the unit, the increase in profitability and the benefits and, correspondingly, the income of the working staff. For the purpose of regulating the right to participate in the development fund of the state economic units, The Great National Assembly of the Socialist Republic of Romania adopts this law. + Chapter 1 Basic principles + Article 1 All working people with an indefinite employment contract in the state economic units will participate, under the conditions of this law, to establish their economic development fund, having a part of the value fixed assets under the management of those units as a social part. In relation to the value of the social part held, the working people benefit, under the conditions of this law, from additional income, outside the rights of retribution due for their work. The right of working people on the social part is guaranteed by law + Article 2 The social part in the property of each working man is constituted by depositing a sum of money to the economic development fund of the unit. The money deposits of working people to the economic development fund cannot exceed, in total, 30 percent of the value of the fixed assets of the unit. The general assembly of working people annually establishes the volume of deposits on the whole of the unit + Article 3 The social part of the property of each working man is at least 10,000 lei and no more than 100,000 lei, for the entire period of his activity. The value of a social part is 1,000 lei. Working people benefit from the established rights, according to this law, after they have filed a social part. + Article 4 The management staff, the other working personnel from the state apparatus, the political and public organizations, from the educational and social-cultural units, as well as the military personnel, will submit, under the present law, amounts of money as social parts in a social unit, benefiting, in relation to the value of the social part deposited, of additional income, under the same conditions as the working people of the respective economic unit. The working staff in the apparatus of ministries and other central and local bodies subordinated to economic units will participate in the establishment of social parts in a unit in the sector in which they operate. The working staff of the other ministries and central or local bodies, political and public organizations and educational and social-cultural units, as well as military personnel, will participate in the constitution of the social part in a unity economic sectors established by the Council of Ministers. Working people who deposit money with the title of social parts to units other than those where they are assigned have the right to participate in general meetings of working people, to support the work of collective management bodies and to do proposals to increase the economic efficiency of the whole activity. + Article 5 The participation of working people in the development fund of the unit, by setting up the social part, is based on the commitment of each, expressed in writing For newly framed persons the commitment is taken once with employment. In case of participation of working people, according to art 4, when the establishment of social parts in units other than those in which it operates is necessary and the approval of the general meeting of the working people of the respective economic unit. + Article 6 The amounts deposited by the working people, as a social part, to the economic development fund, can be used, on the basis of the decision of the general assembly of working people, for carrying out, under the conditions of the productive investment law with immediate effects in production and increased revenue and benefits of the unit. Exceptionally, with the approval of the general meeting, the amounts deposited as a social part, in so far as they are available at the development fund, can be used to finance the circulating means. Under the conditions provided by law, the amounts submitted as a social part will be able to be used to cover the damage to the public property through crimes. + Chapter 2 Formation of social + Article 7 The deposits of each working man for the constitution of the social part shall be determined according to the depositor's income and the volume of deposits approved by the general meeting for the plan year. The amounts representing contributions to the establishment of the social part may be paid in equal or differentiated rates, monthly or at other times in full, in relation to the option of the depositor. + Article 8 The deposits of working people as a social part are made for a period of at least 5 years. After this period, at the request of the depositor if the total deposit is at least 10,000 lei, the social part is returned in full or staggered, in a period of 2-5 years, according to the decision of the general assembly of working people, depending on of the economic possibilities of unity. The full refund of deposits for the constitution of the social part is guaranteed. If the depositor changes his job in another unit, at his request the amounts representing his social part shall be transferred to the new job or, as the case may be, to an economic unit established according to art. 4. If the change of the workplace was made without the consent of the unit or the employment contract of the depositor was opened due to its fault, the term of 5 years after which social parts can be requested, provided in par. 1, flows from the date of classification to the new unit. Until the transfer of the social part, the rights and obligations of the depositor related to his participation in the development fund shall be determined, under the conditions of this law, at the unit from which he left. + Article 9 The general assembly of working people will analyze, with the debate on the basis of balance sheet of economic and financial results of the unit, how to use the amounts deposited as a social part, establishing measures to increase economic efficiency and Unit benefits To this end, the labour force council is obliged to submit to the general assembly reports on the deposits made, the amounts used and the results obtained. + Chapter 3 Participation of working people on benefits in relation to the social parts submitted + Article 10 For the amounts deposited as a social part, the working people benefit at the end of each year, from an income determined according to the total size of the existing deposit at that time, which is paid from the benefits of the The annual income due to working people is 6 percent calculated at the total size of deposits, in case of realization, by the unit, of the planned benefits. In case of exceeding the planned benefits, the annual income can be up to 8 percent, depending on the volume of benefits and the profitability obtained, according to the decision of the general assembly of working people. + Article 11 The income due to the working people in relation to the social part submitted shall be ensured from the benefits obtained, before any other distribution provided by law. + Article 12 In case of non-realization of the planned benefit of the unit, it guarantees to the working people an annual income of 5 percent, in relation to the amounts deposited as a social part, which is paid, at the end of the year, from the benefits obtained or financial, as appropriate. + Article 13 The incomes obtained by the working people in relation to the social part submitted are not taxable and shall not be taken in the calculation of the income according to which, according to the law, their rights and obligations are determined. Savers can collect the annual income due or they can deposit them as social parts. + Chapter 4 Final provisions + Article 14 The amounts deposited by working people as a social part cannot be ceded to other persons and can only be pursued for the recovery of the damage to the public property through crimes. + Article 15 In the case of retirement, depositors can withdraw their social part or keep it. Depositors who maintain their social part and after leaving for retirement benefit in full from the income due for the amounts submitted according to this law. + Article 16 The deposits made as a social part are transmitted by inheritance, according to the law, in which case the heirs will be able to request the restitution + Article 17 Deposits made as a social part and the income paid shall be entered in an individual carnet of owner of the social part. The content of the individual carnet is established by the Ministry of Finance together with the Ministry of Labour and the General Union of Trade Economic units are obliged to keep records of all the elements regarding the operations carried out in the owner's license of the social part. The amounts representing the contribution of the working people to the development fund, which could not be used until the end of the year, shall be carried over to the following year, in which the resources shall be allocated separately. ------------