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Law No. 13 Of 8 February 1991 Law On Collective Labour Contract

Original Language Title:  LEGE nr. 13 din 8 februarie 1991 LEGE privind contractul colectiv de muncă

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LEGE No. 13 of February 8, 1991 LEGE on the collective agreement
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 32 of 9 February 1991



The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 The collective agreement is the convention between employers and employees, establishing, within the limits provided by law, clauses on working conditions, pay and other rights and obligations arising from employment relationships. + Article 2 The parts of the collective agreement are equal and free in the negotiation of their clauses. + Article 3 The minutes of conciliation, as well as, as the case may be, the decision by which a collective conflict of work has been resolved are an integral part of the collective agreement. + Article 4 The provisions of the collective agreement produce effects for all employees in the unit, regardless of the date of their employment or whether or not they have affiliated to a union organization in the unit. + Article 5 The individual employment contract cannot provide for clauses contrary to the collective agreement. + Chapter 2 Conclusion of the collective agreement + Article 6 Collective agreements may be concluded at the level of units, groups of units, branches of activity, as well as at national level, under the conditions provided for in this Law. + Article 7 (1) At the level of the unit, the collective labor contract ends between the patron and the employees (2) At the conclusion of collective agreements, employees are represented by the trade unions. In the units where unions are not organized or where, although they are organized, not all employees are union members or of the same union, the employees ' representatives are elected by them by secret ballot, on the lists. + Article 8 (1) At the level of groups of units, branches or at national level, collective agreements shall be concluded by representatives of employers and employees. (2) Upon conclusion of the contracts provided in par. 1, the employees are represented by the trade union organizations of the federation type, in cases where the contracts end at the level of groups of units or branches, or by the trade union organizations of the confederation type, in cases where collective agreements shall be concluded at national level. (3) The representatives of the employers shall be appointed by the Chamber of Commerce and Industry. + Article 9 (1) The collective agreement shall be concluded for a fixed period, which may not be less than one year, or for the duration of a determined work. ((2) Upon expiry of the term for which the collective agreement has been concluded, the parties may decide to extend its application, given that it has been concluded or in other conditions to be agreed. + Article 10 (1) The collective agreement includes clauses establishing the mutual rights and obligations of the parties in the promotion of fair working relations, such as to ensure the social protection of employees, to reduce or eliminate collective labor conflicts or the onset of strikes. (2) In the collective agreement, provisions on the protection of those elected or delegated to the governing bodies of trade unions may also be included. + Article 11 In the collective agreement, under the sanction of absolute nullity, clauses cannot be included to lead to the granting of rights to employees below the minimum level provided by the labor law in force or to be contrary to the law order. + Article 12 (1) The collective agreement shall be concluded in written form, shall be signed by the participants in the negotiations, shall be registered and submitted within 5 days at the direction of work and social protection of the county or of the city of Bucharest. (2) Collective labor contracts concluded at the level of groups of units, branches or at national level shall be registered, submitted and kept at the Ministry of Labour and Social Protection. (3) The collective agreement shall become applicable from the date of its registration. + Chapter 3 Execution, modification, suspension and termination of the collective agreement + Article 13 (1) The performance of the collective agreement is mandatory for the parties. (2) Failure to fulfil the obligations assumed by the collective agreement shall entail the responsibility of those who are guilty of it. + Article 14 (1) The terms of the collective agreement may be modified during its execution, under the law, whenever the parties agree. ((2) The amendments to the collective agreement shall be communicated in writing, within 5 days, to the body to which it is kept and become applicable from the date of registration of the communication. + Article 15 The execution of the collective agreement or clauses thereof shall be suspended for the duration of the strike, if it is not possible to continue the activity by the employees not participating in the strike. + Article 16 (. The collective agreement may be terminated or the application may be suspended if the parties decide to do so. (2) The collective agreement shall cease: a) at the end of the term or at the end of the work for which it has been concluded, if the parties do not agree to b) on the date of dissolution or finding of the bankruptcy of the unit. ((3) The termination of the collective agreement will be notified within 5 days to the body to which it was registered and kept. + Chapter 4 Final provisions + Article 17 Disputes in connection with the execution, modification, suspension or termination of the collective agreement are labor disputes that are resolved by the court. + Article 18 Applications for collective agreements, made before the institutions, organizations or courts, are exempt from stamp duty. + Article 19 For the purposes of this law, by patrons, autonomous regions, commercial companies and other legal entities or individuals who use the salaried labor force are understood. + Article 20 (1) Collective labor contracts may also be concluded in budgetary institutions or in the departments that coordinate such institutions, if by law it is stipulated that some rights of employees in these units are established by collective negotiations. (2) In such situations, the governing bodies of the budgetary institutions or, as the case may be, of the departments represent the patrons at the conclusion of collective agreements. + Article 21 Art. 76-80 of the Labor Code, as well as any other contrary provisions, shall be repealed. This law was passed by the Senate at its meeting on February 4, 1991. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU This law was adopted by the Assembly of Deputies at its meeting on 4 February 1991. PRESIDENT OF THE ASSEMBLY MARTIAN DAN Pursuant to art. 82 lit. m) of Decree-Law no. 92/1990 for the election of the Romanian Parliament and President, promulgam the Law on the collective agreement and we have its publication in the Official Gazette of Romania. ROMANIAN PRESIDENT ION ILIESCU -----------------------