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Law No. 15 Of 11 February 1991 Law For The Settlement Of Collective Labour Conflicts

Original Language Title:  LEGE nr. 15 din 11 februarie 1991 LEGE pentru soluţionarea conflictelor colective de muncă

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LEGE No. 15 of February 11, 1991 LEGE for the settlement of collective labour disputes
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 33 of 11 February 1991



The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 The exercise of the right to work and the claim of economic and social rights related to labor are guaranteed by the laws of the country and cannot be restricted. + Article 2 ((1) Conflicts with regard to the economic and social interests of employees, organized or unorganized in trade unions, resulting from the conduct of employment relations between the unit, on the one hand, and its employees, or most of its employees, on the other hand, constitute collective labor conflicts and are resolved according to the provisions of this law. (2) Collective labor conflicts may also take place between the management of the unit and the employees of a subunit or a compartment thereof, as well as between the management of the unit and the employees who exercise the same profession or profession in that drive. + Article 3 It does not constitute collective labour conflicts: a) disputes between employees and the establishment whose settlement is subject to legal regulations other than those provided for in this Law; b) claims of employees for whose resolution it is necessary to adopt a law. + Article 4 (1) In collective labor conflicts, employees are represented by trade unions. (2) If a trade union is not established in the establishment or if not all employees are union members, in order to solve the collective labor conflict, the employees will choose their representatives. + Article 5 Employees can declare a strike only under the conditions provided by this law. + Article 6 For the purposes of this law, the unit means autonomous regions, commercial companies, other for-profit organizations, public institutions, associations of any kind and state bodies. + Chapter 2 Conciliation of collective labour disputes + Section I Direct conciliation + Article 7 (1) In all cases where in a unit there are the prerequisites for triggering a collective labor conflict, the trade union body or, in its absence, the elected representatives of the employees will refer the matter to the management of the unit. (2) The complaint will be made in writing, with the stipulation of the employees ' claims, including their motivation, as well as the settlement proposals, and the management of the unit is obliged to receive and register it. (3) The requirement provided by par. 2 shall be considered fulfilled and if the claims of the employees, their motivation and the proposals for settlement are expressed by the union or by the elected representatives of the employees on the occasion of the receipt were recorded in a minutes. + Article 8 The management of the unit has the obligation to respond in writing to the trade union body or, in its absence, to the employees ' representatives, within 48 hours from the receipt of the complaint, with the stipulation of the point of view for each of the claims formulated. + Article 9 In the situation in the book the unit did not respond to all the claims made or, although it replied, no consensus was achieved, the collective labor conflict is considered triggered. + Section II Conciliation organised by the Ministry of Labour and Social Protection + Article 10 If the collective labor conflict was triggered under the conditions provided for in art. 9, the union or, as the case may be, the representatives of the employees notify the Ministry of Labour and Social Protection, through its territorial bodies-the directions of work and social protection-in order to continue + Article 11 ((. The settlement for the conciliation of the labour conflict shall be made in writing and shall, on a compulsory basis, include at least the following particulars: a) the unit to which the collective labor conflict arose, with the indication of the head office and name; b) the object of the collective conflict of work and its motivation; c) proof of meeting the requirements of art. 7-9 7-9; d) indication of the delegated persons to represent, at conciliation, the union or, as the case may be, employees. ((2) The complaint shall be submitted in two copies to the direction of work and social protection in whose territorial area the unit is based and must be dated and signed by the union body indicated by the statute or, as the case may be, by the employees ' representatives. + Article 12 Within 24 hours from the registration of the complaint, the Ministry of Labour and Social Protection shall designate its delegate for participation in the conciliation of the collective labor conflict, which has the obligation to take measures to: a) communication of the referral to the head of the establishment within 48 hours of his appointment; b) the convocation of the parties to the conciliation procedure to a period not exceeding seven days after the registration of the complaint. + Article 13 (1) In order to support their interests at conciliation, the union or, as the case may be, the employees elect a delegation of 2-5 persons, which will be empowered in writing to participate in the conciliation organized by the Ministry of Labour and Social Protection. The union delegation may also include representatives of the federation or confederation to which the union is affiliated. (2) Exceptionally, when the nature of the activity of the unit requires it, the delegate of the Ministry of Labour and Social Protection can establish that a higher number of delegates from the union or employees participate in the conciliation. (3) It may be chosen as a delegate of the union or, as the case may be, of employees any employee of the unit for at least three years or from its establishment, if the unit is not three years after its establishment, and which has reached the age of 21, not was convicted for the enjoyment of the crimes provided in art. 46 and 47 of this law, nor is it in the execution of one of the complimentary penalties provided by art. 64 of the Criminal Code. + Article 14 In order to support the point of view of the unit, its leader, if he does not participate personally, will designate, through a written power of attorney, a delegation of 2-5 members of the board of directors to participate in the conciliation. + Article 15 (1) The conciliation may take place at the headquarters of the Ministry of Labour and Social Protection or of the labour and social protection department or in a place established by the parties. (. The conciliation procedure shall be concluded on the day for which the parties have been convened, unless they, in agreement, decide to continue it. + Article 16 (1) At the date fixed for conciliation, the delegate of the Ministry of Labour and Social Protection shall verify the powers of the parties ' delegates and shall insist that they act in order to achieve conciliation. (2) The parties ' statements and the outcome of the debates shall be recorded in a minutes, signed by the parties and the delegate of the Ministry of Labour and Social Protection. (3) The minutes shall be drawn up in three copies, one for the delegates of the union or as the case may be, of the employees, the management of the unit and the delegate of the Ministry of Labour + Article 17 If an agreement is reached on the settlement of the collective labour conflict, it shall be binding for the entire duration established and for all parties between which the collective conflict of work has taken place. + Article 18 In situations where the agreement on the settlement of the collective labor conflict is only partially, the minutes will record the claims on which the agreement was made and those left outstanding, together with the views. of each part relating to the latter. + Article 19 Results of the conciliation referred to in 17 and 18 will be brought to the attention of the employees by those who made the complaint for the conciliation. + Chapter 3 Triggering, unfolding and ending the strike + Article 20 ((1) The Greek constitutes a collective and voluntary cessation of work. The decision to declare the strike shall be taken by the trade unions, with the agreement of at least half of the members. For employees not organized in trade unions, the decision to declare the strike is taken by secret ballot, with the agreement of at least half of their number. ((2) The strikes may be of warning or proper. (3) The warning strike may not have a duration of more than 2 hours, if it is done with the cessation of work and must, in all cases, precede by at least 48 hours the strike itself. + Article 21 The strike is organized and led by the union body or, as the case may be, by the employees ' representatives, who will also determine its duration + Article 22 The strike can be declared only if, in advance, all possibilities for settling the collective labor conflict have been exhausted through the conciliation procedures provided for in art. 7-19 and if the moment of onset was brought to the attention of the management of the unit by the organizers, 48 hours before. + Article 23 If, after the declaration of the strike, half of the union members or half of the employees who decided to declare the strike give up the strike, it must stop. + Article 24 ((1) The Greek may be declared only for the protection of the economic and social interests of the employees. ((2) The Greek cannot pursue political purposes. (3) It is also prohibited to strike for the cancellation of the measure of the undoing of the employment contract by the establishment, the establishment of units or the change in office of a person. + Article 25 No strikes may be declared for obtaining the modification of the clauses of the collective agreement, an agreement previously made or a final decision of the arbitration panel, rendered according to art. 43, through which a collective conflict of work has been resolved for the duration of their application. + Article 26 ((1) The participation in the strike is free. No one can be compelled to participate in the strike or refuse to participate. ((2) Employees who do not participate in the strike may continue their work, if possible. (3) The employees on strike must refrain from any action of a nature to prevent the continuation of the activity by those who do not participate in the strike. (4) It is not considered an action of a nature to prevent the fact that due to the strike the entire production process in the unit has ceased. + Article 27 The organizers of the strike, together with the management of the unit, have the obligation for its duration to protect the goods of the unit and to ensure the continuous operation of machinery and installations whose stop could constitute a danger to life or people's health or could cause irreparable damage. + Article 28 During the strike, the management of the unit cannot be prevented from carrying out the activity of employees on strike or its organizers. + Article 29 (1) The participation in the strike or its organization, in compliance with the provisions of this law, does not represent a violation of the employees ' service obligations and cannot have negative consequences for the strikers or organizers. (2) Provisions of para. 1 does not apply if the strike is suspended or is declared illegal, according to art. 30 or, as appropriate, art. 35 35 para. lit. b). (3) During the term of the strike, the employees shall maintain all their rights arising from the employment relationship, except for the right to salary and to salary increases. + Article 30 The Supreme Court of Justice, upon referral of the heads of the units in which a collective labor conflict has been triggered, may suspend for a period of no more than 90 days the start or continuation of the strike, if this would be affected by major interests for the national economy or humanitarian interests. + Article 31 ((. Referrals to the Supreme Court of Justice shall be settled within 7 days of their registration. (2) The decisions rendered are final. + Article 32 (1) During the strike, the organizers continue the negotiations with the management of the unit in order to satisfy the claims that constituted the reasons for the collective termination of the work. (2) If the organizers of the strike and the management of the unit reach an agreement, the strike ceases. (3) The refusal of the organizers of the strike to fulfill the obligation provided in par. 1 draws their patrimonial liability for the damage caused to the unit. + Article 33 The head of the unit, when he considers that the strike has been declared or continues without compliance with the law, can address the court within which the unit is based, with an application for finding the non-fulfilment of the conditions provided by the present law for triggering or continuing the strike. + Article 34 The Court fixes the deadline for the settlement of the application, which cannot be more than three days after the referral, and orders the citation of the parties. + Article 35 (. The Court shall examine the application and shall make a decision, as a matter of urgency, by which, where appropriate a) reject the application; b) admits the unit's request and orders the termination of the strike as illegal (2) The Court of Justice may appeal against the judgment of the Court of Justice county or, as the case may be, of the city of Bucharest, within three days of delivery. + Article 36 (1) The court and the county court or of the city of Bucharest shall settle the application or, as the case may be, the appeal in full format according to the law for the trial of individual (2) The judgment of collective labor conflicts shall be made according to the Code of Civil Procedure, in so far as the present law does not have otherwise. (3) If they have the termination of the strike as illegal, the courts will decide to oblige those guilty to compensation required by the unit for the damage caused to it. + Article 37 All procedural documents prepared according to the provisions of this law are exempt from stamp duty. + Article 38 (1) If the strike was conducted over a period of 20 days without the parties involved having reached a settlement and whether the continuation of the strike would be likely to affect the interests of the national economy or humanitarian interests, the Ministry Labor and Social Protection may request the request of the collective labor conflict by an arbitration panel. (2) The initiative of the Ministry of Labour and Social Protection shall be communicated in writing to the parties of the collective The date of communication shall be suspended. + Article 39 (. The arbitration panel shall be composed of three arbitrators. (2) List of persons who may be designated as arbitrators shall be established once a year by the Ministry of Labour and Social Protection, between specialists in the economic, technical, legal and other professions, in consultation with trade unions and the Chamber of Commerce and Industry. + Article 40 In relation to the object of the collective labour conflict, the arbitrators shall be designated as follows: -an arbitrator established by the management of -a referee established by the union or, as the case may be, by the employees -a referee established by the Ministry of Labour and Social Protection. + Article 41 The arbitration panel shall carry out its work on the settlement of the collective labour conflict at the Ministry of Labour and Social Protection or, as the case may be, at the headquarters of the Labour and Social Protection + Article 42 After the establishment of the arbitration panel, the parties are obliged to submit to this entire documentation on collective labor conflict and their endorsements. + Article 43 (1) Within three days from the receipt of the documentation provided for in art. 42 the arbitration panel has the obligation to convene the parties and to examine, together with them, the collective labor conflict, based on the provisions of the law and the provisions of the applicable collective agreements. (. The arbitration panel shall rule by a final decision within 24 hours after the end of the proceedings. (. The decision shall be communicated to the parties within 24 hours of delivery. (4) By the decision of the arbitration panel the collective labor conflict ceases. + Article 44 For the work carried out in the settlement of a collective labor conflict, the members of the arbitration panel shall receive the fee which shall be determined and paid by the parties in dispute equally. If the agreement of the parties on the amount of the fee is not carried out, it shall be determined by the Ministry of Labour and Social Protection, taking into account the proposals of the parties. + Chapter 4 Final provisions + Article 45 (1) I cannot declare a strike: a) employees who hold specialized positions in the apparatus of the Parliament, Government, ministries of other central bodies of the state administration, prefectures and mayoralties, functions of prosecutor or judge, personnel of the Ministry of Defense National, Ministry of Interior and units subordinated to these ministries, as well as militarized personnel from the units subordinated to the Ministry of Justice; b) employees in the units of the national energy system, of the operative services of the nuclear reactors, of the units with continuous fire which, by stopping, present explosion danger, as well as those from the units that execute production for the defense needs of the country. (2) In the event of the existence of a labor conflict between the unit and the employees referred to in par. 1 lit. b) or the civil personnel from the units subordinated to the Ministry of National Defence and the Ministry of Interior, the trade union body or, as the case may be, the employees ' representatives will resolve the claims through direct conciliation and the Ministry of Labour and Social Protection. (3) Air, naval, land transport personnel of any kind, from departure to return to the country, cannot declare a strike. The personnel boarded on the merchant navy ships under the Romanian flag may declare a strike only in compliance with the norms established by international conventions ratified by the Romanian state. (4) In the health, education, telecommunications, radiotelevision units, in the transport units on railways, including those to be repaired rolling stock, in river transport units, in civil and state aviation units which ensures the public transport and sanitation of the localities, as well as the supply of the population with bread, milk, meat, gas, electricity, heat and water, the strike is allowed provided that the organizers provide the essential services, but not less than 1/3 of normal activity. + Article 46 (1) The fit of the person who through threats or violence prevents or compels an employee or group of employees to participate in the strike or to work during the strike, constitutes a crime and is punishable by imprisonment from 3 to 6 months or with a fine from 2,000 to 7,000 lei, if the act does not meet the elements of another crime for which the criminal law provides for a more serious punishment. (2) The attempt is punishable. + Article 47 Declaration of the strike by the organizers with the disregard of the prohibitions and conditions provided in art. 24 24 para. 2 2 or art. 45 45 para. 1, 3, and 4 constitute a crime and shall be punished with imprisonment from 3 to 6 months or with a fine of 2,000 to 7,000 lei, if the act does not meet the elements of a crime for which the criminal law provides for a more serious punishment. + Article 48 The participation of employees in the strike does not remove their material, contravention, civil or criminal liability, as the case may be, if the facts enjoyed during the strike attract, according to the law, this liability. -------------------------