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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LAW No. 13 of 8 February 1991 law on collective labour contract ISSUER PARLIAMENT Published in MONITORUL OFICIAL NR. 32 February 9, 1991, the Romanian Parliament adopts this law.


Chapter 1 General provisions Article 1 the collective labour Contract is the Convention between employers and employees, to establish, within the limits provided by law, clauses relating to conditions of work, remuneration and other rights and obligations arising from employment relationships.


Article 2 the parties to the collective labour contract are equal and in the negotiation of the terms thereof.


Article 3 the minutes of the conciliation, as well as, where appropriate, the decision to settle a collective labour conflict are part and parcel of the collective labour contract.


Article 4 the provisions of the collective labour contract shall take effect for all employees in the unit, regardless of the date of their entering the service or if they are affiliated to a trade union organization in the unit.


Article 5 of the individual labour Contract may not provide for clauses contrary to the collective labour contract.


Chapter 2 conclusion of collective labour contract Article 6 collective bargaining agreements may be concluded at the level of units, unit groups, branches of activity, as well as at the national level, under the conditions laid down in this law.


Article 7 (1) at the level of unity, collective labour contract shall be concluded between the employer and employees.
  

(2) At the conclusion of collective contracts employees are represented by unions. In establishments where there are organized in unions or who, albeit not all, employees are Union members or of the same Trade Union, employees ' representatives are elected by secret ballot by them, on the list.
  


Article 8 (1) at the level of units, groups of branches or at national level, collective bargaining agreements shall be concluded by the representatives of employers and employees.
  

(2) the conclusion of contracts referred to in paragraph 1. 1, employees are represented by trade unions Federation type, where contracts are concluded at the level of groups of units or branches, or by Trade Union Confederation-type organizations, where collective bargaining agreements are concluded at national level.
  

(3) employers ' representatives will be appointed by the Chamber of Commerce and industry.
  


Article 9 (1) collective labour Contract shall be concluded for a fixed period which shall not be less than one year, or the duration of a work.
  

(2) upon expiry of the period for which the contract has been concluded collective labour, the parties may decide to extend the application of the conditions in which it was concluded, or in other conditions which will be agreed.
  


Article 10 (1) collective labour Contract includes clauses setting out the mutual rights and obligations of the parties in promoting fair labor relations, likely to ensure social protection of employees, reducing or eliminating collective work conflicts triggering strikes.
  

(2) The collective labour contract may include provisions relating to the protection of the elect or delegates in governing bodies of trade unions.
  


Article 11 The collective labour contract, on pain of nullity absolute, cannot be covered by provisions that would lead to the granting of certain rights to employees below the minimum provided for in labour legislation in force, or which would be contrary to the rule of law.


Article 12 (1) collective labour Contract shall be concluded in the form of written, shall be signed by the participants in the negotiations, shall be recorded and shall be filed within 5 days from the direction of work and social protection Bucharest or County.
  

(2) collective bargaining agreements concluded at the level of units, groups of branches or at national level, shall be recorded and kept at the Ministry of labour and social security.
  

(3) collective agreement becomes applicable from the date of his registration.
  


Chapter 3 the execution, amendment, suspension and termination of employment Article 13 (1) the performance of collective labour contract is mandatory for the parties.
  

(2) failure to comply with the obligations assumed through collective work attracts the responsibility of those who are guilty of this.
  


Article 14 (1) collective labour contract Clauses can be changed during execution, in accordance with the law, whenever the parties agree to do so.
  

(2) the amendments to the collective labour contract shall be communicated in writing within 5 days, the body will be kept and become applicable from the date of the communication.
  


Article 15 enforcement of collective labour contract or clauses thereof shall be suspended for the duration of the strike, if there is no sequel possible activity by employees to strike-runners.


Article 16 (1) collective labour Contract can be terminated or its application may be suspended if the parties decide to do so.
  

(2) collective labour Contract is terminated: a) the expiry or the termination of the work that has been completed, unless the parties agree to extend the application of the latter.
  

b) at the time of the dissolution or bankruptcy of the detection unit.
  

(3) collective labour contract will be notified within 5 days of the body to which it has been registered and kept.
  


Chapter 4 final provisions Article 17 Disputes in connection with the execution, amendment, suspension or termination of the collective labour contract are disputes which shall decide by the Court.


Article 18 Claims relating to collective bargaining agreements, in front of the institutions, organisations or courts, are exempt from stamp duty.


For the purposes of article 19 of this law, by employers means autonomous administrations, companies and other legal entities or natural persons who use force employment consideration.


Article 20 (1) Collective Agreements may be concluded and in budgetary institutions or departments that coordinate such institutions, whether the law requires that certain rights of employees of these units are established through collective bargaining.
  

(2) in such cases, the governing bodies of budgetary institutions or, where applicable, departments represent employers in collective contracts.
  


Article 21 the provisions of art. 76-80 of the Labour Code, as well as any other provisions to the contrary, shall be repealed.
This law was adopted by the Senate at its meeting on 4 February 1991.
Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU this law was adopted by the Assembly of deputies at its meeting on 4 February 1991.
The PRESIDENT of the ASSEMBLY of DEPUTIES MARTIAN D under article 13. 82 lit. m) of Decree-Law No. 92/1990 to elect the Parliament and President, promulgăm law on collective labour contract and we have its publication in the Official Gazette of Romania.
ROMANIAN PRESIDENT ION ILIESCU — — — — — — — — — — — — — — — — — — — — — — —