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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LAW No. 6 of 5 February 1992 relating to annual leave and other leave of employees published in PARLIAMENT ISSUING the OFFICIAL GAZETTE NR. 16 of February 10, 1992, the Romanian Parliament adopts this law.

Article 1 (1) Employees shall have the right, in each and every calendar year, to an annual leave with pay, for a period of at least 18 working days.

(2) For keeping the age up to 18 years of age, the minimum duration of paid rest is 24 working days.

(3) the duration of the leave, established under the present law, it is appropriate to work for a year.

Article 2 (1) providing Employees work hard, dangerous or harmful, or working in jobs where there are such conditions, established by law No. 31/1991 are entitled, in each year, at an extra annual leave lasting a minimum of 3 working days.

(2) Employees who are blind have the right, in each and every calendar year, to an additional annual leave for a period of 6 working days.

(3) Employees employed in degrees of invalidity are entitled, in each calendar year, to an annual leave of three working days.

(4) additional rest Leave pursuant to paragraph 1. (1) be cumulated with aid granted pursuant to paragraph 1. (2) or, where appropriate, in accordance with paragraph 1. (3) Article 3 of sick leave, employees are entitled to an allowance which shall not be less than base salary, the bonus for seniority and compensation of senior management, taken together.

Article 4 (1) the duration of the leave, including Poas extra rest, and the amount of compensation due for the duration thereof for each employee shall be determined by the individual labour contract, in compliance with the provisions of this Act and clauses agreed through collective bargaining agreements.

(2) in determining the duration of the leave to rest in the negotiations, the two sides can have regard to the work and length of service of employees.

Article 5 (1) the rules for the carrying out of holidays and cash compensation of paid rest month shall be determined by collective bargaining agreements.

(2) to schedule vacations for rest shall be determined annually by the management of the establishment, together with representatives of the Trade Union or, if appropriate, you have employees.

(3) cash Compensation of paid rest month is permitted only in cases where: a) the employment contract of the employee has ceased;

(b) the employee is called for) the fulfilment of military service;

c) is expressly provided for in a special law.

Article 6 employees in public administration, justice and law enforcement officials from the Prosecutor's Office and other State organs shall, in each year, an annual leave with pay, for a period of at least 21 working days.

Article 7 rules for sick leave, including Poas extra rest, the amount of compensation due, scheduling, execution, interruption and postponement of parental leave, and the rest in cash compensation of paid month shall be determined, within the limits and in compliance with the provisions of this law, by means of: (a) the Government's decision), for employees in the public administration, the autonomous administrations and budgetary establishments;

b) regulations, for employees in the judiciary, prosecutors and other State bodies.

Article 8 (1) teaching staff enjoy a holiday with a duration equal to vacation at the end of the school year, but not less than 62 calendar days.

(2) teaching staff shall receive annual leave with duration, if operated in year-round school or University. If the hiring was done after the beginning of the school year, or sick leave, is proportional to the amount of time between the date of entering and end of school or University.

(3) the staff of the scientific research, certified, with a minimum annual leave of 24 working days.

Article 9 any Convention whereby abandoning in whole or in part the right to annual leave shall be prohibited.

Article 10 (1) in addition to the holiday, employees are entitled to days off, paid in the event of special family events.

(2) in order to resolve personal situations, employees are entitled to leave without pay.

(3) the circumstances in which employees benefit from paid days off or holidays without pay, the procedure for awarding them and the number of days shall be determined according to art. 5 para. (1) or, where appropriate, article 3. 7 which shall apply accordingly.

Article 11 companies, autonomous administrations, other State-owned economic mixed or private, public institutions, public administration and other Central and local State organs shall ensure that by 31 December 1992, all employees carry out annual leave for the year 1992 and on previous years. If you are making the rest of the leave is not possible, it will provide cash compensation of paid month, according to the legal provisions in force in the period for which the corresponding month was leave.

Article 12 (1) this law shall apply as of 1992.

(2) regulatory acts shall be repealed and the provisions relating to annual leave, additional leave and sick leave without pay, as set out in the annex to this Act and any provisions to the contrary.

Annex 1 LIST of normative acts and provisions relating to annual leave, sick leave and additional leave without pay granted for personal interests, which I shall be repealed. Legislation which is repealed in its entirety:-Law No. 26/1967 relating to annual leave of employees.
-Decree No. 338/1983 to amend Law No. 26/1967 relating to annual leave of employees.
-H.C.M. nr. 1149/68 laying down the criteria for determining workplaces with special conditions for the granting of additional holidays and places of work for that extra rest periods of sick leave exceeding 12 working days.
-Government decision No. 436/1990 laying down of work places or activities eligible for additional leave, as well as its duration.
-Government decision No. 650/90 on the granting of parental leave for staff of the units subordinated to the Ministry of light industry.
II. Provisions relating to annual leave, sick leave and additional leave without pay granted for personal interests, which it repealed, contained in the following regulations:-Art. 125, 126 and 163 of the Labour Code-Act No.. 10/1972.
-Decree-Law No. 98/1990 concerning granting rights of shipments by rail.
-Government decision No. 163/90 in connection with certain rights concerning the activities and enterprises in the Electrical and Electronic Industry Ministry.
-Government decision No. 164/1990 concerning granting rights of personnel within the plants from the metallurgy neferoasa.
-Government decision No. 188/1990 concerning granting rights to the enterprise "Carbosim" Copsa Mica, of the manufacture and packaging of black smoke within C.P. Pitesti.
-Government decision No. 199/1990 concerning granting rights of personnel within the non-ferrous metal metallurgical complex in Dundee.
-Government decision No. 266/1990 on the granting of mining rights, oil and gas.
-Government decision No. 267/1990 concerning granting rights of mining industry.
-Government decision No. 268/1990 on the measures for improving the activity of the subordinate units of the Ministry of metallurgical industry.
-Government decision No. 314/1990 concerning certain measures for improvement and granting rights of geologic activity.
-Government decision No. 542/1990 on the establishment of rights for staff working in units, subunits and bands working with metallurgy: profile, home foundries, forges, timber and metal coating of machine construction.
-Government decision No. 610/1990 on the granting of rights to the blind.
-Government decision No. 672/1990 concerning granting rights of enterprises, units and subunits of industrial production, operation and technical service port, belonging to the Department of industry of building materials and facilities of the Ministry of Construction.
-Government decision No. 811/1990 concerning granting rights by staff from the Department of industry.