Law No. 54 Of 1 August 1991 Concerning Trade Unions

Original Language Title:  LEGE nr. 54 din 1 august 1991 cu privire la sindicate

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LAW No. 54 of 1 august 1991 regarding unions ISSUING the PARLIAMENT Published in MONITORUL OFICIAL NR. 164 of 7 august 1991 the Parliament of Romania adopts this law.


Chapter 1 General provisions Article 1 (1) Unions are non-political organizations established for the purpose of defence and promotion of the interests of the professional, economic, social, cultural and sporting organisations to their members and to their rights as provided for in labour legislation and collective agreements.
  

(2) the independent trade unions are against the State, against political parties and other organizations.
  


Article 2 (1) persons who have the status of an employed person shall be entitled, without any fastening or prior authorization, to organize in trade unions.
  

(2) to form a Union is required a number of at least 15 people.
  

(3) no one can be constrained to be a member or not, or whether or not to withdraw from a Trade Union.
  

(4) a person may belong to, at the same time, only one Trade Union.
  


Article 3 minor Employees can be members of trade unions, without the consent of their legal representatives.


Article 4 legal Persons carrying on a trade or profession, either alone or who are associated in cooperatives, as well as in other occupational categories than that provided for in art. 2 (2). 1, can be organized in trade unions, under the conditions laid down in this law.


Article 5 workers who hold leadership positions or which involve the exercise of State authority in the Parliament, the Government, ministries and other central bodies of State administration, prefectures and municipal mayoralties, positions of Prosecutor or judge, military personnel from the units contained in the Ministry of Justice, as well as the staff of the Ministry of national defence and the Ministry of the Interior and of subordination of these ministries except for civil personnel, cannot constitute trade unions.


Chapter 2 establishment, organisation and functioning of Trade Union Statutes, section I, Article 6 the order of formation, operation and dissolution of a trade union shall be regulated by statutes adopted by its members, in compliance with the provisions of this law.


Article 7 (1) the statutes of trade unions shall contain provisions at least in respect of: (a) in order to establish), the name and headquarters of the syndicate;
  

b) how you acquire and cease membership of the Union;
  

c) rights and duties of members;
  

d) level of contributions and their collection;
  

e) governing bodies, their designation, revocation, choice and duration of their mandates and tasks;
  

f) conditions and rules of deliberation to amend the Statute and for the adoption of decisions;
  

g) splitting, merging or dissolving the Union and distribution, transmission or, as the case may be, specifying the goods heritage commissioned by the State will be returned;
  

h) method of Association federations on the branch or national confederations.
  

(2) the Statute may not contain provisions contrary to the Constitution and laws.
  


Article 8 (1) trade unions have the right to develop their own rules and to free choice of representatives, to organize their administration and activities and to formulate their own programmes of action.
  

(2) it is prohibited to the public authorities and the administrative nature of any intervention to limit the times exercising interrupts under paragraph 1. 1. Section II, article 9 of the Trade-Union Leadership can be elected to the governing bodies of Romanian citizens, members of the syndicate, who have full exercise capacity, working in the unit and do not run one of the penalties provided for by the criminal law and complementary.


Article 10 the members of the management organs of trade unions ensure the protection of the law against any form of conditioning, or limit the exercise of constringere their functions.


Article 11 (1) elected representatives in governing bodies of trade unions, as well as persons who have held such Office, within one year after ceasing to hold office cannot amend or terminate his employment contract for reasons not attributable to their law leaves them in appreciation of one who committed, than with the consent of the governing body of the Union Chief.
  

(2) it is prohibited including termination at the initiative of the person who employs, for reasons relating to trade union activity.
  

(3) Are exempted from the application of paragraph 1. 1 those who have been detained from Trade Union functions cancel for violation of the articles of association or by law.
  


Article 12 (1) the period during which the person from the governing body is salarizata by trade unions, it retains its function and place of work considered previously as well as length of service; as it may be framed by another person, but with a contract of employment on fixed term.
  

(2) To return to the post he had those in the situation referred to in paragraph 1. 1, will ensure a wage which may not be less than that which could be obtained in terms of continuity at this job.
  


Article 13 Through collective bargaining agreements may be established and other rights and protection measures in addition to those listed in article 1. 11 and 12, to elect the governing bodies of trade unions.


Article 14 governing body of the Union is required to hold a record of the number of members, of the revenue and expenditure of any kind.


Section III legal personality Dobindirea Article 15 (1) For dobindirea of the legal personality of the Trade Union, representative of the Union's founding members, as set out in the minutes of the constituent instrument, must submit an application for entry to the Court on whose territory the Union has its seat.
  

(2) at the request of the Trade Union shall be annexed to the original and two copies of the following documents: a) the minutes of Constitution of the Union, signed by at least 15 founding members;
  

(b) the trade union status);
  

(c) the members of the list) the governing body of the Union, with the indication of the place of residence and profession.
  


Article 16 (1) a Court that has received an application for entry is required within 5 days of its registration to examine: a) if were filed under article. 15 para. 2;
  

b) if the articles of incorporation and bylaws are in accordance with the provisions of Union law in force.
  

(2) if the requirements are fulfilled, the exemption provided for in paragraph 1. 1, the Court will proceed with the application, citing the assignee of the founding members of the syndicate.
  

(3) the District Court ruling a decision motivated, for acceptance or rejection of the application.
  

(4) the decision shall be communicated not later than 5 days after the pronouncement of the signatory application for enrollment.
  


Article 17 (1) Judgement of the Court is subject to appeal.
  

(2) the time limit for appeal is 15 days and the stress of communicating the decision.
  

For Prosecutor, the term shall run from the date of appeal.

(3) the appeal shall judge, in particular, with the special citation of the assignee's founding members of the syndicate. The decision shall be drawn up and the folder is returned to the Court within 5 days of delivery.
  


Article 18 (1) Courts are obliged to keep a special register in which shall be recorded the name and headquarters of the syndicate, the names of the members of the management organ and their addresses, date of entry, and the number and date of final judgement for the acceptance of the application for registration.
  

(2) entry in the register referred to in paragraph 1. 1 will be done as soon as ex officio decision remained final.
  


Article 19 gives the Union a legal personality from the date of final judgement coming into legal force of the acceptance of the application for registration.


Article 20 the original report and Court status on certifying inclusion, together with a copy of other documents submitted shall be returned to the Union, and the second copy (copy), all the acts listed in article 1(1). 15 para. 2, certified by the Court, will keep in its archive.


Article 21 (1) the Union is obliged to bring to the attention of the Court where it was registered, within 30 days of any subsequent change of status and any change in the composition of the management organ.
  

(2) the consent of the statutes For approval are applicable, as appropriate, the provisions of art. 20. (3) the Court shall be bound to indicate in the register provided for in article 4. 18 amendments to the Statute, as well as changes in the composition of the collective leadership of the Union.
  


Section IV Article 22 Heritage movable and immovable property belonging to trade unions may only be used according to the interests of trade union members, but may not be shared among them.


Article 23 (1) the Union may receive, under the conditions provided by law, with the title free of charge or in return for payment, title to any kind of movable and immovable property necessary for the purpose for which it is established.
  

(2) unions, other Buildings than those used for housing or for the pursuit of productive activities, are not treated in any way, if you are actually used by them for the purposes provided for by statute.
  


(3) For buildings from the State housing stock, used by trade unions as a headquarters, it will pay rent to be calculated according to the legal provisions relating to housing.
  


Article 24 moveable and immovable property acquired by a syndicate, under the conditions prescribed by law, necessary for the Trade Union meetings, library or courses of training and improvement of trade union members cannot be tracked, except those necessary for the payment of debts to the State.


Article 25 (1) the Union may, under the conditions laid down in the Statute: to support material) to its members in the practice of the profession;
  

b) to help homeowners;
  

c) to edit his own publications, such as buttoning and in order to increase the level of awareness of its members and to defend their interests;
  

d) set up under the law and to administer in the interests of their members and units of culture, education and research in the field of trade union activity, the economic and social units, commercial, as well as the Bank's own financial operations and foreign currency in lei;
  

e to own funds) to help its members;
  

f) to organize and support material and financial support to all sport and elite sport in sports associations and clubs, as well as cultural and artistic bands.
  

(2) in order to implement the activities set out in paragraph 1. 1, trade unions shall have the right, under the law, to obtain loans.
  


Article 26 (1) Control financial activity of trade union organizations, as well as economic and social units thereof, is carried out by the auditing Commission, which works according to the statutes.
  

(2) State administration bodies exercising control of the activity of the economic and social units of unions.
  


Section V of the powers of trade unions article 27 (1) in order to achieve the purpose for which they are created, trade unions have the right to use the specific means such as: negotiations, procedures for the settlement of disputes through mediation or conciliation, petition, protest, rally, demonstration and strike, according to their own statutes and subject to the conditions provided by law.
  

(2) Trade Union Confederation-type Organizations, at national level, will be consulted by delegates at the drafting of normative acts concerning labour relations, collective bargaining agreements, social protection, as well as any regulations concerning the right of Association and the trade union activity.
  


Article 28 rights of its members to defend Union arising out of labour legislation and collective labor contracts in front of courts and bodies of other State bodies or public or elected by their own defenders.


Article 29 (1) the boards of units are required to invite delegations to take part in trade unions elect the boards to discuss issues of professional interest, economic, social or cultural.
  

(2) for the purposes of social interests of its members, trade unions have the right to receive information necessary for collective labour agreement as well as those relating to the establishment and use of funds aimed at improving conditions in the workplace, labour protection and social utilities, insurance and social protection.
  


Article 30 Unions legal persons pursuing a trade or profession, either alone or who are associated in cooperatives, as well as those of other occupational categories than those laid down in article 21. 2 (2). 1, according to the law, the interests of the professional, economic and social development of their members, according to the specifics of their activity.


Article 31 Federations and confederatiile, at the request of the unions, may delegate representatives to deal with administrative managements, to assist them or to represent them in all situations, their interests.


Section VI Relations with trade unions and their members Article 32 relations between the Union and its members are governed by the provisions of this law and by statute.


Article 33 (1) the members of the Union have the right to withdraw at any time from the Union, without having the obligation to show the reasons why.
  

(2) members who retire from the Union cannot ask for reimbursement of amounts deposited as monthly dues or amounts and property donated.
  

(3) members who withdraw from a Trade Union, under the conditions laid down in paragraph 1. 1, retains any rights they have collected by virtue of membership in the economic units created by the syndicate, to which they contributed by fee or otherwise.
  


Article 34 (1) the members of the management organs of the trade union organizations, specialized and administrative staff from their device, as well as economic and social units, will be subordinate to the staff of the funds of trade unions, according to its own rules.
  

(2) The functions, which require a high qualification can be employees and employees of other units, will they operate in and out of the program of work and retired.
  

(3) persons assigned pursuant to paragraph 1. 2 may be added, subject to the conditions provided by law, salary and, where appropriate, with the proceeds from the work done by the Union.
  


Article 35 (1) the members elected to the governing bodies of trade unions who work directly in the unit as an employed person shall be entitled to a reduction in the monthly program with up to 5 days for trade union activities.
  

(2) the number of those eligible for the provisions of paragraph 1. 1 and the length of time are established through collective labour contract.
  


Article 36 Personnel paid from trade unions, as well as economic and social units subordinated enjoys rights of State social insurance contribution social security contributions to the supplementary pension and salary tax are calculated and charged according to the law.


Chapter 3 reorganization and dissolution of trade unions Article 37 trade unions can be dissolved by the decision of the Assembly of members or delegates duly constituted its own status, taken.


Article 38 (1) In case of dissolution, the assets of the syndicate shall be divided in accordance with the provisions of the statute or-in the absence of such a provision-according to the decision of the Assembly's dissolution.
  

(2) If the statute failed to provide for the manner of distribution of the estate nor dissolution Assembly has not taken a decision in this regard, the County Court or of the municipality of Bucharest, to be followed by any member of the syndicate decides the distribution of property by assigning it an organization of unions or if is not part of any organization, with another Union.
  


Article 39 (1) within 5 days after the dissolution, the leaders of the dissolved syndicate or liquidators heritage are obliged to ask that the Court operated membership entity to make the entry about dissolution of the Union.
  

(2) after the expiration of 5 days anyone interested may wax making mention of the Court under paragraph 1. 1. (3) This can be done on the page and at the place where he made his entry in the register.
  


Article 40 union organisations cannot be dissolved and cannot suspend activity on the basis of provision of State administration bodies.


Article 41 if the reorganization of the trade union organization, decisions on the heritage be taken by its governing bodies, if the Statute provides otherwise.


Chapter 4 forms of Association of trade unions in article 42 (1) trade unions have the right to constitute their own structures unit, branch, or territory.
  

(2) Two or more unions in the same branch of activity or occupation may be associated with a professional federations.
  

(3) Two or more professional federations from different branches of activity may associate to establish a trade union confederations.
  

(4) within the federations, trade unions and industrial components may be established in the Union.
  


Article 43 (1) trade unions associated in accordance with art. 42 are legal according to the provisions of this law.
  

(2) for the purposes of awarding the legal personality of the trade union organizations concerned, shall convene meetings of the delegates, who presented for deliberation and approval by their own statutes and a list of their rulers.
  

(3) decisions of the constituent meetings will be presented to the County Court or of the municipality of Bucharest, where they have their headquarters, accompanied by the acts referred to in article 1. 15. (4) the Tribunal shall examine whether the conditions have been fulfilled. 15 and if trade unions which have legal personality is associated, and whether meetings of the Association were legally constituted.
  

(5) Decision of the Tribunal to grant legal personality or demotion can be attacked with the appeal within 15 days of the notice.
  

(6) the Tribunal will set up trade union organizations has been associated with the legal formalities for the establishment and operation of a register their particular model that provided for by art. 18. (7) the provisions of art. 18 paragraph 1. 2 shall apply accordingly.
  


Article 44 the rules contained in this law relating to trade unions is applied properly and other forms of organisation or trade union association.


Article 45 trade unions may join similar international organizations.



Chapter 5 Penalties Article 46 shall constitute offences and sanctions with fine from 2.000 to 10,000 lei lei the following acts: a) providing data inconsistent with the reality of the legal personality of the Union dobindirea, and during its fiintarii the performance of communications referred to in article 1. 21. 1;
  

b) violation by the members of the management organ of the Union of the obligation laid down in article 21. 39. Article 47 (1) Finding contraventions and penalties are carried out by persons designated by the Ministry of labour and social security.
  

(2) the provisions of law No. 32/68 on the establishment and sanctioning offences apply properly and the offences provided for in this law in article 14. 46. Article 48 shall constitute offences and are punishable by imprisonment from 6 months to 2 years, or with fine of 25,000 5,000 lei lei the following acts: (a) the exercise of the right) hindering free trade union association or organization, for the purposes and within the limits provided for in this law;
  

b) conditioning or constringerea in any manner, taking aim at limiting the exercise of the powers of elected members function in governing bodies of trade unions.
  


Chapter 6 final provisions Article 49 Applications and records of trade union organizations in proceedings before the courts or laws of procedure drawn up for these are exempt from stamp duty.


Article 50 within 90 days from the date of publication of this law in the Official Gazette of Romania, the unions will agree with the provisions of its own statutes.


Article 51 law No. 52/1945 on the professional trade unions, as amended, and any other provisions to the contrary are hereby repealed.
This law was adopted by the Senate at its meeting on 8 July 1991.
Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU this law was adopted by the Assembly of deputies at its meeting on 22 July 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 the law on trade unions and we have its publication in the Official Gazette of Romania.
ROMANIAN PRESIDENT ION ILIESCU — — — — — — — — — — — — — — — — — — — — — — — — —

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