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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LAW No. 15 of 11 February 1991 LAW for the resolution of collective conflicts ISSUER PARLIAMENT Published in MONITORUL OFICIAL NR. 33 of 11 February 1991, the Romanian Parliament adopts this law.

Chapter 1 General provisions Article 1 the right to work and social and economic rights claim related labor are guaranteed by the laws of the country and cannot be contained.

Article 2 (1) Conflicts with regard to professional interests with economic and social character of employees, organize or neorganizati in trade unions, resulting from the conduct of work of the unit, on the one hand, and its employees are its most times employees, on the other hand, are collective labour conflicts and resolve according to the provisions of this law.

(2) collective labour Conflicts can occur between leadership and employees of a unit or a compartment of the subunits and between the leadership of the unit and the employees engaged in the same trade or profession in that unit.

Article 3 does not constitute collective conflicts: a) disputes between employees and whose resolution is subject to other legal rules than those provided for in this law;

b) claims for wage earners whose solution is necessary to adopt a law.

Article 4 (1) collective labour conflicts, employees are represented by unions.

(2) where the unit is not set up by a trade union or if not all employees are Union members, in settling collective labour conflict, employees will choose their representatives.

Article 5 Employees may declare the strike only under the conditions laid down in this law.

Article 6 for the purposes of this law, through the establishment of the autonomous administrations, companies, profit-making organisations, public institutions, associations of any kind and State bodies.

Chapter 2 the reconciliation of conflicts by collective agreement, Article I Section 7-direct (1) in all cases in which a unit there are prerequisites for the development of a collective labour conflict, the Trade Union or, failing that, the employees ' elected representatives will seize the reins of this unit.

(2) the appeal shall be made in writing, stating the base of employees, including their motivation, as well as proposals for settlement, and the leadership of the unit is required to receive and to register.

(3) the requirement laid down in paragraph 1. 2 is considered to have been met and whether the claims of employees, motivating them and proposed settlement are expressed by the Union or by the elected representatives of the employees on the occasion of receiving the head worn unit and the discussions were recorded in the minutes.

Article 8 of the unit Leadership is required to respond in writing to the Trade Union body or, failing this, representatives of the employees shall, within 48 hours of receipt of the referral, stating point of view for each of the claims formulated.

Article 9 in the event the card unit did not respond to all claims brought or, although it has not responded, we achieved a consensus, collective labour conflict themselves unleashed.

Section II Conciliation organized by the Ministry of labor and social protection Article 10 where the collective labour conflict was unleashed in the conditions laid down in article 21. 9, syndicate or, where appropriate, refer the matter to the Ministry of labor representatives of the employees and social security, through its territorial bodies-directions of work and social security-in order to further reconciliation.

Article 11 (1) Referral to conciliation work conflict are formulated in writing and will include a compulsory, at least the following particulars: a) the unit of collective labour conflict appeared, indicating that the driver's name and headquarters;

b) subject to collective labour conflict and motivating;

c) proof that the requirements of art. 7-9;

d) the names of persons appointed to represent the Union at conciliation or, where appropriate, employees.

(2) the appeal shall be submitted in two copies to the Department of employment and social protection in whose territory it has its registered office unit and must be dated and signed by the Trade Union indicated by status or, as appropriate, of representatives of the employees.

Article 12 within 24 hours of receipt of the referral, the Labor Ministry registration and social welfare shall appoint or delegate for participation in the collective labour agreement, the conflict, which has an obligation to take measures to: (a) the referral) communication unit leader within 48 hours of its designation;

b) summons the conciliation procedure a deadline may not exceed seven days after the registration of the referral.

Article 13 (1) to support their interests in reconciliation, trade union or, if appropriate, choose a delegation consisting of 2-5 people that will be delegated in writing to attend conciliation organized by the Ministry of labour and social security. Delegation can be part of the syndicate and representatives of the Federation or Confederation, to which the Union is affiliated.

(2) in exceptional cases, when the nature of the work of the unit, the delegate of the Ministry of labour and social security can determine that the conciliation to participate in a larger number of delegates on behalf of the Trade Union or the employees.

(3) can be chosen as delegate of the Union or, as the case may be, of any person who has consideration to employees of the unit for at least three years or since its establishment, if the drive does not have the three years since its Foundation, and who has reached the age of 21 years, has not been convicted for offences referred to in articles. 46 and 47 of this law, nor does it lie in the execution of one of complementary penalties provided for in article 64 of the penal code.

Article 14 to support the point of view of the unit, its leader, if you do not attend personally, it will designate, by written proof, a delegation of 2 to 5 members of the Board of Directors to attend conciliation.

Article 15 (1) Conciliation may take place at the headquarters of the Ministry of labour and Social Security Directorate of working times and welfare or in a place to be determined by the parties.

(2) the conciliation procedure ends on the day on which they were called upon the parties, unless they agree, they shall decide as to the continuation.

Article 16 (1) the date fixed for the reconciliation, the delegate Ministry of labour and social security check and the powers of the delegates of parties to act as aftertaste to achieve conciliation.

(2) the parties and the outcome of the debates on Cd shall be recorded in minutes, signed by the parties and the delegate of the Ministry of labour and social security.

(3) the minutes shall be drawn up in three copies, one for each trade union delegates or appropriate, you have employees, the unity and the delegate of the Ministry of labour and social security.

Article 17 if the following debate is reaching an agreement on the settlement of collective labour conflict, it is mandatory for the entire duration of the established and for all parties which held collective labour conflict.

Article 18 in situations where the agreement on collective labour conflict resolution is only partly in the minutes shall record the claims upon which agreement has been made and the remaining unresolved, together with the views of each of the parties relating to the latter.

Article 19 the results of conciliation referred to in article. 17 and 18 will be brought to the attention of employees by those who made the appeal to carry out reconciliation.

Chapter 3 deployment and discontinuation of Triggering the strike, Article 20 (1) Strike constitutes a voluntary cessation of work and collective. The decision declaring the strike shall be taken by the trade unions, with the consent of at least half of the members. For neorganizati employees in unions, decision declaring the strike shall be taken by secret ballot, with the consent of at least half of their number.

(2) the warning strikes may be or.

(3) the warning Strike cannot have a duration greater than 2 hours, if it is done with the cessation of the work and shall, in all cases, to precede with at least 48 hours strike itself.

Article 21 the strike is organized and run by the Trade Union or, as the case may be, the employees ' representatives, which will determine its duration.

Article 22 Strike can be declared only if, in advance, all possibilities have been exhausted to resolve collective labour conflict through conciliation procedures. 7-19 and if some time was brought to the attention of the management unit of the organizers, with 48 hours in advance.

Article 23 where, after declaring the strike, half of Union members or half of the employees who decided to give up the strike declaration of strike, this must stop.

Article 24 (1) the strike may be declared only for defending the interests of professional employees ' economic and social Council.

(2) the strike may not pursue political goals.

(3) it is prohibited to also strike for cancellation of sale contract measure work by the employment unit, units or changing of a person.

Article 25

Cannot be declared strikes for getting the amendment to clauses of the collective labour agreement, achieved previously or a decision of final Arbitration Commission handed down under article. 43, which has settled a collective labour conflict throughout the duration of their application.

Article 26 (1) participation in the strike is free. No one can be constrained to take part in the strike or to refuse to participate.

(2) Employees who did not participate in the strike can continue, if it is possible.

(3) Employees are in strike shall refrain from any action likely to impede continuation activity by those who did not participate in the strike.

(4) No action shall be considered to hamper the work of the fact that because the strike has stopped the whole process of production of the unit.

Article 27 the strike Organizers, together with the management of the establishment, the duration of the unit to protect its assets and to ensure the functioning of the machinery and installations whose shut-down could be dangerous for the life or health of humans times could cause irreparable damage.

Article 28 for the duration of the strike, the unit may not be hindered to operate of employees are in strike or its organizers.

Article 29 (1) participation in the strike or its organization, in compliance with the provisions of this law, does not constitute a breach of service obligations of employees and can not have negative consequences for roopmala or organizers.

(2) the provisions of paragraphs 1 and 2. 1 do not apply if the strike is suspended or is declared illegal, under art. 30 or, where appropriate, article 3. 35 para. lit. b). (3) for the duration of the strike, employees retain all rights arising from the employment relationship, with the exception of the right to salary and salary increases to.

Article 30 the Supreme Court of Justice, the referral of the units which it has unleashed a collective labour conflict, may suspend for a period of not more than 90 days after the commencement or the continuation of the strike, if it would have affected major national economy interests or interests of a humanitarian.

Article 31 (1) Complaints addressed to the Supreme Court of Justice shall decide within 7 days of their registration.

(2) the decisions handed down are final.

Article 32 (1) during the strike, the organizers continue negotiations with the management unit for the purpose of meeting the base which were the reasons for the termination of the collective work.

(2) if the organizers of the strike and the unit leadership come to an agreement, strike action ceases.

(3) Refusal to perform strike organisers the obligation laid down in paragraph 1. 1 attract liability for assets damage unit.

Article 33 the driver unit, when it considers that the strike was declared as often continue without complying with the law, may apply to the Court which has its seat unit, with a request for a determination of non-compliance with the conditions laid down in this law for the onset or continuation of a strike.

Article 34 Appeals Court fixed deadline for resolution of the request, which may not be longer than three days from notification, and summoning the parties.

Article 35 (1) the Court shall consider the request and rule, emergency, a decision, as appropriate: a) reject the application;

b) Unity and request admits terminate the strike as illegal.

(2) Against the decision of the Court may appeal to the County Court or, where appropriate, of the municipality of Bucharest, within three days of delivery.

Article 36 (1) and the County Court or Court of Bucharest resolves the request or, if applicable, appeal of the fully-formed according to the law for prosecuting individual employment disputes.

(2) the collective judgment of the conflict is done according to the code of civil procedure, to the extent that this law does not provide otherwise.

(3) where the end strike as illegal, the courts will decide the order of those culprits to compensation asked by the unit for damages that were caused.

Article 37 all acts of procedure drawn up according to the provisions of this Act are exempt from stamp duty.

Article 38 (1) in the event that the strike was carried out for a period of 20 days without the parties having reached an agreement, and if the continuation of the strike would be likely to affect the interests of the national economy or the interests of a humanitarian Department, Ministry of labour and social security may require collective labour conflict request by an arbitration board.

(2) the initiative of the Ministry of labour and social security shall be communicated in writing to the parties in collective labour conflict. The notification shall suspend the continuation of the strike.

Article 39 (1) the Arbitration Board shall consist of three arbitrators.

(2) the list of persons who may be appointed as arbitrators shall be determined annually by the Ministry of labour and social security, of experts in the fields of economic, technical, legal and other professions, in consultation with the trade unions and the Chamber of Commerce and industry.

Article 40 in relation to the subject of collective labour conflict, the arbitrators shall be appointed as follows: a judge established by the unit;
an arbitrator determined by the Trade Union or, as the case may be, the employees ' representatives;
an arbitrator determined by the Ministry of labour and social security.

Article 41 the Arbitration Board shall operate to resolve collective labour conflict at the headquarters of the Ministry of labour and social protection and, where appropriate, at the headquarters of the Directorate of labour and social protection.

Article 42 After the establishment of the Arbitration Board, the parties are obliged to submit to it the whole documentation concerning collective labour conflict and their CD.

Article 43 (1) within three days of receipt of the documentation referred to in article 1. 42 the Arbitration Board is obliged to convene the parties to consider, in conjunction with this, collective labour conflict, on the basis of the provisions of the law and the provisions of the applicable collective labor contracts.

(2) the Arbitration Board shall decide by means of a final decision within 24 hours of the conclusion of the debate.

(3) the decision shall be communicated to the parties within 24 hours of delivery.

(4) by decision of the Arbitration Board collective labour conflict ceases.

Article 44 For the work done in the settlement of a collective labour conflict, members of the Arbitration Board shall receive a fee which shall be determined and paid by the parties to the dispute in equal parts. In the event that agreement is not achieved in respect of the amount of the fee, it shall be determined by the Ministry of labour and social protection, taking into account the submissions of the parties.

Chapter 4 final provisions Article 45 (1) cannot declare strike: a) employees who hold specialist positions in the Parliament, the Government, ministries and other central bodies of State administration, prefectures and municipal mayoralties, positions of Prosecutor or judge, the staff of the Ministry of national defence, Ministry of Interior and the subordination of these ministries as well as military personnel from flying units subordinated to the Ministry of Justice;

b) employees in the national power system units, operative services at nuclear reactors, units with continuous fire which by shut-downs, presents a danger of explosion, as well as those in units that run production for the country's defense needs.

(2) in the event of the existence of a conflict between the unit and the employees referred to in paragraph 1. and (b). b) or civilian personnel from the units subordinated to the Ministry of national defense and the Ministry of internal trade union body or, where appropriate, representatives of the employees shall settle claims through direct participation and reconciliation with a delegate of the Ministry of labour and social security.

(3) the staff of air, Naval, and land-based vehicles of all kinds, from leaving and returning to the country, cannot declare strike. Navy personnel boarded commercial vessels under the Romanian flag may declare the strike only in compliance with the rules laid down by the international conventions ratified by the Romanian State.

(4) In the health units, education, telecommunications, radio and television, in units of shipments on railways, including those relating to rolling stock, repair units inland, civil aviation enterprises and the State that provide public transport and sanitation of localities, as well as supplying the population with bread, milk, meat, gas, electricity, heat and water, the strike is permitted provided that the organizers to ensure essential services but not less than 1/3 of the normal work.

Article 46 (1) the deed the person through threats or violence to hinder times oblige an employee or group of employees to participate in the strike or to work during the strike, constitutes infringement and is punishable with imprisonment from 3 to 6 months or with a fine of from 2,000 to 7,000 Ron, if the deed does not meet the elements of other criminal offences for which the law stipulates a tougher punishment.

(2) the attempt shall be punishable.

Article 47

Declaring the strike by the organizers with the disregard of the restrictions and conditions laid down in article 21. 24 para. 2 or in article 11. 45 para. 1, 3 and 4 shall constitute the offense and is punishable with imprisonment from 3 to 6 months or with a fine of from 2,000 to 7,000 Ron, if the deed does not meet the elements of a criminal offence for which the law stipulates a tougher punishment.

Article 48 the participation of employees to strike does not remove the responsibility of their physical, administrative, civil or criminal, as appropriate, if the acts committed during the strike they attract law this responsibility.