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Law No. 6 Of 5 February 1992 Relating To Annual Leave And Other Leave Of Employees

Original Language Title:  LEGE nr. 6 din 5 februarie 1992 privind concediul de odihnă şi alte concedii ale salariaţilor

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LEGE No. 6 of February 5, 1992 on holiday and other leave of employees
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 16 of 10 February 1992



The Romanian Parliament adopts this law + Article 1 ((1) The employees shall be entitled, in each calendar year, to a paid holiday with a minimum duration of 18 working days. (2) For young people aged up to 18 years, the minimum duration of the holiday shall be 24 working days. (3) The duration of the holiday, established under the conditions of this law, is appropriate to the activity carried out for one year. + Article 2 ((1) Employees who perform heavy, dangerous or harmful work, or work in jobs in which such conditions exist, established according to Law no. 31/1991 , are entitled, every year, to an additional holiday with a minimum duration of 3 working days. (2) Unsighted employees shall be entitled, in each calendar year, to an additional holiday with a duration of 6 working days. ((3) Salaries classified in invalidity degrees shall have the right, in each calendar year, to an additional holiday of 3 working days. (4) Additional rest leave granted according to par. (1) shall be cumulated with those granted according to par. (2) or, as appropriate, according to par. ((3). + Article 3 During the holiday period, the employees are entitled to an allowance that cannot be less than the basic salary, the increase of seniority and the allowance for the position of management, taken together. + Article 4 (1) The duration of the holiday, including the additional rest leave, and the amount of the allowance due during its duration for each employee shall be determined by the individual employment contract, in compliance with the provisions of this Law and of the clauses agreed by collective agreements. (2) In determining the duration of the rest leave in the negotiations, the social partners may also consider the length of work of the employees. + Article 5 (1) The rules on the making of holidays and the cash compensation of the unpaid holiday shall be established by collective agreements. (2) The appointment of the holiday shall be established annually by the management of the unit, together with the representatives of the trade unions or, as the case may be, (3) The cash compensation of the unpaid holiday shall only be permitted in cases where: a) the employment contract of the employee has ceased; b) the employee is called for the military service; c) is expressly provided for in a special law. + Article 6 Employees from public administration, justice and prosecutor's office and other state bodies benefit, every year, from a paid holiday, with a minimum duration of 21 working days. + Article 7 The rules on the duration of the holiday, including the additional holiday, the amount of the due allowance, the scheduling, the making, interruption and postponement of the holiday, as well as the cash compensation of the unpaid leave shall be established, within and in compliance with the provisions of this Law, by a) Government decision, for employees in public administration, autonomous regions with special specific and from budget units; b) regulations, for employees in the judiciary, prosecutor's office and other state bodies. + Article 8 (1) The teaching staff shall enjoy a holiday with a duration equal to the holiday at the end of the school year, but not less than 62 calendar days. (2) The teaching staff shall enjoy full rest leave, if it has worked throughout the school or university year. If the employment was made after the start of the school or university year, the duration of the leave is proportional to the time between the date of employment and the end of the school or university year. (3) The staff of the scientific research activity, attested, shall enjoy a minimum of 24 working days. + Article 9 Any convention by which the total or in part of the right to rest leave is prohibited shall be prohibited. + Article 10 (1) Apart from holiday leave, employees are entitled to days off, paid, in case of special family events. (2) In order to solve personal situations, employees have the right to leave without payment. (3) The situations in which the employees benefit from paid days off or leave without payment, the procedure for granting them and the number of days are established according to art. 5 5 para. ((1) or, where applicable, art. 7 7, which shall apply accordingly. + Article 11 Companies, autonomous regions, other economic units with mixed or private state capital, public institutions, central and local public administration and other state bodies will ensure that by 31 December 1992 all employees carry out the rest leave for the year 1992 and previous years. If the holiday is not possible, it will ensure the cash compensation of the unpaid leave, according to the legal provisions in force during the period for which the unpaid leave was related. + Article 12 (1) This law shall apply from 1992. (2) The normative acts and the provisions regarding the rest leave, the additional leave of rest and holidays without payment, contained in the annex to this law, as well as any contrary provisions, are repealed. + Annex 1 LIST normative acts and provisions on holiday, additional leave and leave without payment granted for personal interests, which shall be repealed I. normative acts that are fully repealed: - Law no. 26/1967 on employee rest leave. - Decree no. 338/1983 for amendment Law no. 26/1967 on employee rest leave. - H.C.M. no. 1149/1968 on the establishment of criteria for determining jobs with special conditions for which additional holidays and jobs are granted for which the duration of the additional rest leave may exceed 12 working days. - Government Decision no. 436/1990 on the establishment of employment or activities giving the right to additional leave of rest and its duration. - Government Decision no. 650/1990 on the granting of rest leave for staff from units subordinated to the Ministry of Light Industry. II. The provisions regarding the rest leave, the additional holiday and leave without payment granted for personal interests, which are repealed, contained in the following normative acts: - Art. 125, 126 and 163 of the Labor Code-Law no. 10/1972 . - Decree-Law no. 98/1990 on the granting of rights to transport personnel by rail. - Government Decision no. 163/1990 in connection with some rights concerning the activities and enterprises of the Ministry of Electrotechnical and Electronic Industry. - Government Decision no. 164/1990 on the granting of rights to staff in the non-ferrous metallurgy combinations. - Government Decision no. 178/1990 on the granting of rights to the staff of the Chemical Enterprise "Carbosim" Copsa Mica, of the one from the manufacture and packaging of the black smoke within C.P. Pitesti. - Government Decision no. 199/1990 on the granting of rights to personnel of the Metallurgical Plant of non-ferrous metals Copsa Mica. - Government Decision no. 266/1990 on the granting of rights to staff in the extractive, oil and gas industry. - Government Decision no. 267/1990 on the granting of rights to workers in the mining industry. - Government Decision no. 268/1990 on some measures to improve the activity in the units subordinated to the Ministry of Metallurgical Industry. - Government Decision no. 314/1990 on certain measures to improve and grant rights to staff in geological activity. - Government Decision no. 542/1990 on the establishment of rights for staff operating in units, subunits and working formations with profile of steelworks, foundries, forges, thermal treatments and metal coatings in the machine building branch. - Government Decision no. 610/1990 on granting rights to blind persons. - Government Decision no. 672/1990 on the granting of rights to the personnel of the enterprises, units and subunits of industrial production, port exploitation and technical services, belonging to the Department of the construction materials industry and installations within the framework Ministry of Construction. - Government Decision no. 811/1990 on the granting of rights to personnel of the Department of Wood Industry ------------------