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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Law No. 3 of November 20, 1982 (republished) concerning participation, with shares, the working people of the economic state economic development fund ISSUER NATIONAL ASSEMBLY and published in OFFICIAL GAZETTE No. 45 of 10 July 1986 Socialist property, Development of workers ' self-management, picking up on a Centaur upper stage of the quality of the working people of owners of the means of production, producers and beneficiaries of the whole national avutii, require that they take directly, in a higher degree, the liability for the proper gospodariri of part of the wealth he earned what he has been entrusted, to participate actively in the effective administration of the estate as the unit in the management and development of economic activities as a whole.
Within this framework, ensuring closer links to individual labour unit in which they work and the staff cointeresarii even more significant establishments in getting higher economic results requires the imposition of working people to contribute, in cash, in the form of shares, to the development of productive fixed assets and obtain, according to contribution , an additional income from benefits.
The working people's contribution to Development Fund will lead to the strengthening of their liability, as owners, for the development and protection of public property and using the maximum efficiency with the means at their disposal, the more active participation of collectives at autoconducerea and self-management of the unit, increasing profitability and benefits and, accordingly, revenue staff worker.
For the purpose of regulating the right of working people to fund development of economic entities of State, National Assembly of the Socialist Republic of Romania adopts this law.

Chapter 1 basic principles Article 1 all people engaged with labor contract of employment for an indefinite duration in State-owned economic units will take part, under the present law to fund their economic development, having owned a portion of the value of fixed assets contained in the administration of their respective units, as the social part.
In relation to the social value of labor, people benefit, under this law, additional revenue staffing, in addition to the rights thereof.
The right people working on the social side is guaranteed by law.

Article 2 the social side owned by each individual work is constituted by depositing a sum of money to fund economic development drive.
Deposit money of the working people to fund economic development may not exceed, in aggregate, 30 per cent of the value of the fixed assets of the unit.
The General Assembly of the working people of the annual deposition volume sets throughout the unit.

Article 3 the social side of each individual property of labor is at least 10,000 lei and a maximum of 100,000 lei, throughout the period of its activity. The value of shares is 1,000.
People benefit from labour rights established according to this law, after having submitted a social party.

Article 4 Frames, the other driving staff worker from the State, political and public organizations, educational establishments and social and cultural as well as military frames will submit, under the present law, the sums of money by way of shares into a social unit, in relation to the social value of secured, additional income, under the same conditions as men in the economic unit.
The staff worker from the ministries and other Central and local bodies which were responsible for economic units will participate in the setting-up of shares in an industry in which it operates.
The staff worker in other ministries and central organs or local political and public organizations and establishments of education and socio-cultural and military backgrounds, will participate in the formation of social party into an economic unit in the areas laid down by the Council of Ministers.
Labour people who submit payments by way of shares in other units than those where they are employed shall be entitled to attend general meetings of working people, to support the work of the bodies of collective leadership and to make proposals in order to increase economic efficiency of all activities.

Article 5 participation of working people to fund development of the establishment, by the formation of the social part is based on everyone's commitment, expressed in writing. For people newly assigned commitment be taken together with the engagement work.
In the case of participation of working people, according to art. 4, the creation of shares in other units than those in which they operate is necessary and the approval of the General Assembly of the working people in the economic downturn.

Article 6 the amounts secured by way of the Labor Party, social economic development fund, can be used on the basis of the decision of the General Assembly of the working people, for, according to the law of productive investments immediately into production and effects in increasing revenues and benefits unit.
In exceptional cases, with the approval of the General Assembly, amounts deposited as part, insofar as they are available from the Development Fund, can be used to finance circulating means.
Under the law, the amounts deposited as social party will be used to cover damage public property of the State.

Chapter 2 establishment of the social party Article 7 Deposits of every individual for the Labor Party social shall be determined according to the income depunatorului and the volume of deposits have been approved by the General Assembly for the year of the plan.
The amounts representing contributions to the formation of social party may pay in equal installments or differentiated, monthly or at other regular intervals times in full, as compared with option depunatorului.

Article 8 Deposits as part of the working people to make social for a period of at least five years. After this period, at the request of depunatorului if the total deposition is at least 10,000 lei, the social side shall be refunded in full or rotationally, over a period of 2 to 5 years, according to the decision of the General Assembly of the working people, depending on the economic possibilities of unity. Full refund of deposits for the social side is guaranteed.
Where depunatorul change their place of work in another unit, at the request of the amounts representing the social transfer to a new place of employment or, if appropriate, to an economic unit established under art. 4. Where a change of place of work was done without the consent of the unit or the employment contract of depunatorului was opened at fault, the term of 5 years, after which you can ask for refund shares, referred to in paragraph 1. 1, run from the date of the affiliation to the new drive.
Until the transfer of the social part, the rights and obligations related to depunatorului its participation in the Development Fund shall determine, under the present law, the unit from which he departed.

Article 9 the General Assembly of the working people will examine, together with the debate on the basis of the balance of the economic and financial results of the drive, how to use the amounts deposited as part social setting measures for increasing economic efficiency and benefits unit. To this end, the Council of working people is bound to submit to the General Assembly reports on deposits made, the amounts used and the results obtained.

Chapter 3 participation of working people at benefits in relation to shares deposited amounts secured in Article 10 as part of social, labour enjoys at the end people each year, an income determined depending on the overall size of the submission of the existing at that date, which shall be paid from the benefits unit.
Annual income working people is due by 6 per cent calculated on the total amount of deposits in the case of, the establishment of the planned benefits.
In case of overshoot of the planned benefits, annual income can be up to 8 percent, depending on the volume and profitability of the benefits obtained, according to the decision of the General Assembly of the working people.

Article 11 thereof working people's income in relation to the social side filed ensure benefits obtained, prior to any other taxed as provided by law.

Article 12 in the event of planned remarks delivered benefit, the working people is guaranteed an annual income of 5 per cent, as compared with the amounts deposited as part, which shall be paid at the end of the year, of the benefits obtained from financial results or, as appropriate.

Article 13 proceeds of the people working in relation to the social side filed are not taxable and are not taken into account in the calculation according to which the revenue is determined according to the law, their rights and obligations.
Depunatorii can collect income due or yearly may submit as shares.

Chapter 4 final provisions Article 14 stakes of people working as social part cannot be transferred to other persons and should not be pursued only for recovery of damage public property of the State.

Article 15 in the case of retirement, depunatorii can withdraw his social side or maintain it.

Depunatorii which retain the social side and after leaving retirement benefits from the full revenue due for the amounts secured under this law.

Article 16 Deposits made as part social transmitted by inheritance, according to the law, in which case the heirs will be able to request reimbursement of amounts.

Article 17 Depositions made as part social and income paid out shall be recorded in a individual owner of the social party. The contents of the individual's license shall be fixed by the Ministry of Finance together with the Ministry of labour and the General Union of trade unions of Romania.
Economic units are obliged to keep track of all elements relating to the operations carried out in the employee owner of the social party.
The amounts representing working people's contribution to the Development Fund, which could not be used until the end of the year, over the next year, in which the goal is having this provenance resources highlights separately.

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