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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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LEGE No. 54 of 1 August 1991 on trade unions
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 164 of August 7, 1991



The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 ((1) Trade unions are non-political organizations, constituted for the purpose of defending and promoting the professional, economic, social, cultural and sports interests of their members and their rights, provided for in labor law and in collective agreements. (2) The unions are independent of the state bodies, the political parties and any other organizations. + Article 2 (1) Persons who are employed have the right, without any restrictions or prior authorization, to organize in trade unions. (2) For the formation of a trade union a number of at least 15 persons is required. (3) No one may be compelled to belong or not, or to withdraw or not from a trade union. (4) A person may, at the same time, be part of only one union. + Article 3 Underage employees can be members of the unions, without the need for the consent of their legal representatives. + Article 4 Persons who legally exercise a profession or profession individually or who are associated in cooperatives, as well as in other professional categories than that provided in art. 2 2 para. 1, may be organized in trade unions, under the conditions provided for in this Law. + Article 5 Employees who hold management positions or who involve the exercise of state authority in the apparatus of the Parliament, Government, ministries, other central bodies of the state administration, prefectures and mayoralties, prosecutor's offices or judge, the militarized personnel of the units subordinated to the Ministry of Justice, as well as the personnel of the Ministry of National Defence and the Ministry of Interior and of the units subordinated to these ministries, except civilian personnel cannot be constituted in trade unions. + Chapter 2 Establishment, organisation and operation of trade + Section I Statutes + Article 6 The establishment, operation and dissolution of a trade union shall be governed by the statute adopted by its members, in compliance with the provisions of this Law. + Article 7 (1) The trade union statutes shall contain at least the following provisions: a) the purpose of the establishment, the name and the union b) the way in which the membership of the union is brought down and ceases; c) members ' rights and duties; d) the level of contributions and their way of collection; e) the governing bodies, their names, the way of their choice and revocation, the duration of their mandates and their duties; f) the conditions and rules of deliberation for the modification of the statute and the adoption of decisions; g) division, merger or dissolution of the union and distribution, transmission or, as the case may be, the liquidation of the patrimony with the specification that the goods put into use by the state will be returned to it; h) method of association in federations on the branch or national confederations. (2) The statutes may not contain provisions contrary to the Constitution and laws. + Article 8 (1) The unions have the right to develop their own regulations, to freely choose their representatives, to organize their management and activity and to formulate their own action programs. (2) It is forbidden to the public and administrative authorities any intervention of a nature limit or interrupts the exercise of the rights provided in 1. + Section II Union leadership + Article 9 Romanian citizens, members of the union, who have full capacity for exercise, work in the unit and do not execute one of the complementary penalties provided by the criminal law. + Article 10 The members of the elected governing bodies of the unions shall be provided with the protection of the law against any forms of conditioning, coercion or limitation of the exercise of their functions. + Article 11 (1) Representatives elected to the governing bodies of the unions, as well as to persons who have held such a position, within one year of termination of office may not be amended or undone their employment contract for reasons their non-imputable which the law leaves to the appreciation of the one who hires, except with the agreement of the elected collective body of the union. (2) It is forbidden to open the employment contract on the initiative of the employee, for reasons concerning trade union activity. (3) They are exempted from the application of the provisions of para. 1 those who have been revoked from the trade union positions held for violation of statutory or legal provisions. + Article 12 (. During the period during which the person in the management body is salarized by the trade unions, he shall retain his position and the place of work previously held, as well as the length of work; on his post may be assigned another person, only with a contract of fixed-term work. (2) Upon returning to the post of those in the situation referred to in par. 1, they will be provided with a salary that cannot be lower than the one that could be obtained under conditions of continuity at this job. + Article 13 Other rights and protective measures may be established by collective agreements, other than those provided for in art. 11 and 12, for those elected to the union's governing bodies. + Article 14 The governing body of the union has the obligation to hold a record of the number of members, receipts and expenses of any kind. + Section III Acquisition of legal personality + Article 15 (1) For the acquisition by the syndicate of the legal personality, the special power of attorney of the founding members of the union, provided for in the constituent minutes, must submit an application for registration to the court whose radius territorial has its headquarters. (. The original and two copies of the following acts shall be attached to the application for registration of the union: a) the minutes of formation of the union, signed by at least 15 founding members; b) union status; c) the list of members of the governing body of the union, with the mention of the profession and domicile. + Article 16 (1) The court which received the application for registration shall be obliged not later than 5 days after its registration to examine: a) if the documents provided by art. 15 15 para. 2 2; b) if the constitutive act and the union's status are in accordance with the legal provisions (2) If the requirements referred to in par. 1, the court will proceed with the settlement of the application, with the citation of the special power of attorney of the founding (3) The court shall pronounce a reasoned decision, the admission or rejection of the application. (4) The decision shall be communicated no later than 5 days after the signatory of the application for registration. + Article 17 (1) The judgment is subject to appeal. (2) The term of appeal is 15 days and flows from the communication of the decision. For the prosecutor, the term of appeal flows from the ruling. (3) The appeal is adjudicated, in particular, with the citation of the special power of attorney of the founding members of the The decision shall be drawn up and the file shall be returned to the court within 5 days of the ruling. + Article 18 (1) The courts are obliged to keep a special register in which they will record the name and headquarters of the union, the names of the members of the management body and their addresses, the date of registration, as well as the number and date of the final court decision admission of the application for registration. (2) Registration in the register provided in par. 1 will be done ex officio, as soon as the decision has remained final. + Article 19 The union takes down legal personality from the date of the final stay of the court decision to admit the application for registration. + Article 20 The original of the minutes of constitution and the status that the judge certifies the registration, together with one copy of the other documents submitted shall be returned to the union, and the second copy, in copy, from all the acts provided for in art. 15 15 para. 2, certified by the court, will be kept in its archive. + Article 21 (1) The union shall be obliged to bring to the attention of the court where there has been, within 30 days, any subsequent amendment of the statute, as well as any change in the composition of the management body. (2) In order to approve the approval of the amendment of the statute, the provisions of art. 15-20. (3) The court is obliged to mention in the register provided by art. 18 changes in the statute, as well as changes in the composition of the union's leading collective. + Section IV Heritage + Article 22 Movable and immovable property belonging to unions can only be used according to the interests of union members, but cannot be divided between them. + Article 23 (1) The union may, under the conditions provided by law, with the title free of charge or with the title onerous, any kind of movable and immovable property necessary to achieve the purpose for which it is established. (2) The mobiles of trade union organizations, other than those used for housing or for carrying out productive activities, shall not be subject to any tax, if they are actually used by them for the purposes provided by the statute. (3) For buildings in the state housing stock, used by trade union organizations as premises, rent calculated according to the legal provisions regarding housing will be paid. + Article 24 Movable and immovable property acquired by a union, under the conditions provided by law, necessary for union meetings, library or training and refresher courses of union members cannot be pursued, except for those necessary. debt payment to the state. + Article 25 (1) The trade union may, under the conditions laid down in a) to materially support its members in the exercise of the profession; b) constitute own aid houses; c) to edit and print its own publications in order to increase the level of knowledge of its members and to defend their interests; d) to set up under the law and to administer in the interest of its members units of culture, education and research in the field of trade union activity, economic-social units, commercial, as well as own bank for financial operations in lei and in foreign currency; e) to constitute own funds for the aid of its members; f) to organize and support material and financial sport for all and sport of performance in associations and sports clubs, as well as cultural-artistic bands. (2) In order to carry out the activities provided in paragraph 1, the unions have the right, under the law, to obtain credits. + Article 26 (1) The control of the financial activity of the trade union organizations, as well as of their economic and social units, shall be carried out through the censor commission, which operates according to the statute. (2) The bodies of the state administration exercise control of the financial activity of the economic and social units of trade unions + Section V Union tasks + Article 27 (1) In order to achieve the purpose for which they are created, trade unions have the right to use specific means such as: negotiations, dispute settlement procedures through mediation or conciliation, petition, protest, rally, demonstration and strike, according to its own statutes and under the conditions provided by law (2) Confederation trade union organizations, at national level, will be consulted by delegates designated for the elaboration of draft normative acts concerning labor relations, collective agreements, social protection, as well as any regulations relating to the right of association and to trade union activity. + Article 28 The union defends the rights of its members arising from labor law and collective labor contracts before the courts of jurisdiction and other state or public bodies, through their own or elected defenders. + Article 29 (1) The boards of directors of the units are required to invite the elected delegates of the trade unions to participate in the boards of directors in the discussion of issues of professional, economic, social or cultural interest. ((2) For the purpose of defending members ' social interests, trade unions have the right to receive the necessary information for the negotiation of the collective agreement, as well as those concerning the establishment and use of funds for conditions at work, protection of social work and utilities, insurance and social protection. + Article 30 Unions of persons who legally exercise a profession or profession individually or who are associated in cooperatives, as well as those of other professional categories than those provided in art. 2 2 para. 1, defend, under the law, the professional, economic and social interests of their members, according to the specificity of their activity. + Article 31 Federations and confederations, at the request of the associated trade unions, may delegate representatives to deal with administrative management, assist or represent their interests in all situations. + Section VI Trade union relations with their members + Article 32 Relations between the union and its members are regulated by the provisions of this law and by statute. + Article 33 (1) Union members shall have the right to withdraw from the trade union, without the obligation to show the reasons. (2) Members who withdraw from the trade union may not require the refund of the amounts deposited as a levy or the amounts and goods donated. (3) Members who withdraw from a trade union, under the conditions provided in par. 1, retain the rights they have acquired by virtue of the membership in the economic units created by the trade union, to which they contributed by contribution or otherwise. + Article 34 (1) The members of the governing bodies of the trade union organizations, the specialized and administrative staff in their apparatus, as well as from the subordinate economic-social units, will be salarized from the union funds, according to own regulations. (2) In the specialized positions, which require a higher qualification, may be employees and employees of other units, following that they carry out their work outside the work program, as well as pensioners. (3) Persons classified according to par. 2 may cumulate, under the conditions provided by law, salary and, as the case may be, the pension, with the income obtained from the activity performed by the union + Article 35 (1) The members elected to the governing bodies of the trade unions, who work directly in the unit as an employee, are entitled to the reduction of the monthly program by up to 5 days for trade union activities. (2) Number of those who may benefit from the provisions of para. 1, as well as the length of time shall be determined by the collective agreement. + Article 36 Staff salarized by trade union organizations, as well as by economic and social units subordinated to them benefit from state social insurance rights. The contribution to social security, the contribution to the supplementary pension and the salary tax are calculated and paid according to the law. + Chapter 3 Reorganisation and dissolution of trade unions + Article 37 The unions may dissolve by deciding the assembly of their members or their respective statutory delegates, duly taken by their own statutes. + Article 38 (1) In the case of dissolution, the union's patrimony shall be divided according to the provisions of its statutes-in the absence of such provisions-according to the decision of the (2) If the status failed to provide for the distribution of the patrimony and the dissolution assembly did not take a decision in this regard, the county court or the city of Bucharest, notified by any member of the union decides on distribution of heritage, assigning it to an organization to which the union belongs or if it is not part of any organization, another union with similar specific. + Article 39 (1) Within 5 days after dissolution, the leaders of the dissolved union or the liquidators of the patrimony shall be obliged to ask the judge who had the registration for the legal person to mention the dissolution of the union. (2) After the expiry of the 5-day period any interested person may ask the judge to make the mention provided in par. 1. (3) This entry will be made on the page and at the place where the registration was made in the special register. + Article 40 Union organizations cannot be dissolved and cannot be suspended their activity on the basis of acts of provision of state administration bodies. + Article 41 In case of reorganization of a trade union organization, the decisions on the patrimony shall be taken by its governing bodies, if the statute does not provide otherwise. + Chapter 4 Forms of association of trade unions + Article 42 (1) Trade unions have the right to constitute their own structures on the establishment, branch, profession or territory. (2) Two or more trade unions of the same branch of activity or profession may be associated with the view of a professional federation. (3) Two or more professional federations from different branches of activity may associate themselves with a view to constituting a trade union confederation. (4) Within the confederations and federations, the component trade unions may be constituted in territorial unions. + Article 43 (1) Trade union organizations associated according to art. 42 bring down legal personality according to the provisions of this law. (2) In order to interest the legal personality, the respective trade union organizations shall convene the assemblies of the delegates, to whom they present for deliberation and approval their own statutes and the list of their leaders. (3) The decisions of the constituent assemblies will be presented to the county court or to the city of Bucharest, where they are based, accompanied by the documents provided in art. 15. (4) The Tribunal will examine whether the conditions of art. 15 and whether trade union organisations that associate themselves have legal personality, as well as whether the association assemblies were legally constituted. (5) The decision of the tribunal for granting or non-granting of legal personality can be appealed within 15 days of communication. (6) The Tribunal will establish for the associated trade union organizations that have fulfilled the legal formalities for their constitution and operation, a special register according to the model of the one provided by art. 18. (7) The provisions of art. 18 18 para. 2 2 shall apply accordingly. + Article 44 The regulations contained in this law relating to trade unions shall also apply to the other forms of trade union organisation or association. + Article 45 Trade union organisations can join in with similar international organisations. + Chapter 5 Sanctions + Article 46 It constitutes contraventions and is sanctioned with a fine of 2,000 lei to 10,000 lei the following facts: a) the provision of data not in accordance with the reality to the acquisition of the legal personality of the union, as well as during its being, on the occasion of the communication provided in art. 21 21 para. 1 1; b) the violation by the members of the governing body of the union of the obligation provided in art. 39. + Article 47 (1) The finding of contraventions and the application of sanctions shall be made by persons designated by the Ministry of Labour and Social Protection. (2) Law no. 32/1968 on the establishment and sanctioning of contraventions shall also be applied accordingly to the contraventions provided in this law in art. 46. + Article 48 They constitute crimes and are punishable by imprisonment from 6 months to 2 years or with a fine of 5,000 lei to 25,000 lei the following facts: a) preventing the exercise of the right of free organization or association, for the purposes and within the limits provided by this law; b) conditioning or coercion, in any way, with the purpose of limiting the performance of the duties of the members elected to the governing bodies of the trade unions. + Chapter 6 Final provisions + Article 49 The applications and procedural documents of the trade union organizations before the courts or the procedural documents drawn up for them shall be exempt from stamp duty. + Article 50 Within 90 days from the date of publication of the present law in the Official Gazette of Romania, the unions will agree their own statutes with its provisions. + Article 51 Law no. 52/1945 on trade unions, as amended, and any other provisions to the contrary shall be repealed. This law was passed by the Senate at its July 8, 1991 meeting. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU This law was adopted by the Assembly of Deputies at its meeting on July 22, 1991. PRESIDENT OF THE ASSEMBLY MARTIAN DAN Pursuant to art. 82 lit. m) of Decree-Law no. 92/1990 for the election of the parliament and the President of Romania, we promulgate the Law on trade unions and we have its publication in the Official Gazette of Romania. ROMANIAN PRESIDENT ION ILIESCU -------------------------