Law No. 130 Of 16 October 1996 Concerning Collective Labour Contract

Original Language Title:  LEGE nr. 130 din 16 octombrie 1996 privind contractul colectiv de muncă

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Law No. 130 of 16 October 1996 (republished * *) (* updated *) concerning collective labour contract (updated until March 19, 2004)-PARLIAMENT ISSUING — — — — — — — — — — — — — — *) originally was published in MONITORUL OFICIAL nr. 184 of 19 May 1998. This is the updated form of S.C. "territorial Center of Electronic Computing" Piatra Neamt until 19 March 2004 with amendments and additions to law No.: 53 of 24 January 2003 LABOUR CODE; EMERGENCY ORDINANCE No. 9 of 18 March 2004.
— — — — — — — — — — — — — — — — *) Republished pursuant to art. II of law No. 143 of 24 July 1997, as published in the Official Gazette of Romania, part I, no. 172 of 28 July 1997, giving it a new texts.
Law No. 130 of 16 October 1996 was published in the Official Gazette of Romania, part I, no. 259 of 24 October 1996.


Chapter 1 General provisions Article 1 (1) a collective agreement is negotiated between the Convention, or employers ' organization, on the one hand, and the employees represented by unions of the time otherwise prescribed by law, on the other hand, establishing clauses on working conditions, wages, and other rights and obligations arising from employment relationships.
  

(2) for the purposes of this law, the term employer means a physical person and legal entity that engages employees through concluding individual contracts of employment.
  

(3) legal persons employing employees may be referred to as this law.
  


Article 2 (1) by concluding collective labour contracts aims to promote fair labor relations, likely to ensure employees ' social protection, prevention or limitation of collective conflicts of the time avoiding some strikes.
  

(2) form part of the collective bargaining agreements and agreements between the parties to the collective labour contracts, which settled the collective conflicts.
  

(3) collective labour Contract may include provisions relating to the protection of the elect or delegates in the governing bodies of the respective trade union representatives employees elected according to the provisions of art. 20. Article 3 (1) collective bargaining at the level of the unit is mandatory, unless the drive has less than 21 employees.
  

(2) collective bargaining takes place each year as follows: a) after at least 12 months from the date of the previous negotiation, neurmata of collective labour contract conclusion, or from the date of entry into force of the collective labour contract, where applicable;
  

b) with at least 30 days prior to expiration of collective agreements concluded for a year's work.
  

(3) the duration of collective bargaining may not exceed 60 days.
  

(4) collective bargaining will be, at least: wages, duration of working time, working hours and working conditions.
  

(5) the initiative belongs to the employer negotiation.
  

(6) where the employer does not employ negotiation, it takes place at the request of the trade union organization or the employees ' representatives, as appropriate, within 15 days after the formulation of the request.
  


Article 4 (1) within 15 days from the date of the grant application by the trade union organization or the employees ' representatives, the employer must summon the parties for the purpose of negotiating the collective labour contract.
  

(2) At the first meeting of the Parties shall specify: (a) information which the employer) you will provide Union delegates or employees and the date on which to perform this obligation; the information should allow a comparative analysis of the situation of the workplaces of the classification of professions and trades, salary level, the duration of working time and work organization;
  

(b)) and the calendar of meetings.
  


Non-Article 5 by the employer to comply with the obligations laid down in article 21. 3 paragraphs 1 and 2. (5) and in article 8. "". (1) constitutes infringement and is sanctioned with fines ranging between 3,000,000 lei lei and 6,000,000.


Article 6 the finding and sanction referred to in article contraventiei. 5 shall be made according to the procedure laid down by law No. 32/68 *) relating to the establishment and sanctioning offences, by staff of the Ministry of labour and social protection, of general directions of work and social protection will be attending the Bucharest, authorized by order of the Minister of labour and social protection.
─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 32/1968 was abrogated by order No. 2/2001 on the legal regime of misdemeanors, as published in the Official Gazette of Romania, part I, no. 410 of 25 July 2001.


Article 7 (1) At the conclusion of the negotiation of the clauses and collective contracts, the parties are equal and free.
  

(2) collective bargaining agreements concluded in compliance with legal provisions, constitute the law of parties.
  


Article 8 (1) Clauses of collective agreements can be set only within the limits and under the conditions laid down in this law.
  

(2) collective bargaining agreements cannot contain clauses to establish rights to a level below that laid down through collective bargaining agreements signed at the higher level.
  

(3) individual employment contracts cannot contain clauses to establish rights to a level below that laid down by collective bargaining agreements.
  

(4) at the conclusion of the collective labour contract, the legal provisions relating to the rights of employees are minimal.
  


Chapter 2 scope of work in the field of collective contracts of employment Article 9 the provisions of the collective labour contract shall take effect for all employees in the unit, regardless of the date of their employment or affiliation to a trade union organization in the unit.


Article 10 (1) collective bargaining agreements may be concluded at the level of units, branches of activity and nationally.
  

(2) collective bargaining agreements may be concluded and at the level of groups of companies and 1900, referred to as groups of units.
  

(3) where no representative employers ' associations are organized at lower levels, nationwide employers ' Association may designate representatives to negotiate.
  


Article 11 (1) the terms of collective contracts take effect, as follows: a) for all employees in the unit, in case of collective contracts signed at this level;
  

b) for all employees employed in the units that are part of the Group of units to which ended the collective labour contract at this level;
  

c) for all employees employed in all the units from the industry for which ended the collective labour contract;
  

d) for all employees employed in all units in the country, in the case of collective agreements at national level.
  

(2) At each of the levels laid down in article 21. 10 is a single collective labour contract.
  

(3) by collective labour contract parties may agree to establish a fund from the employers ' contribution, intended for activities in the field of collective bargaining.
  


Article 12 (1) Collective Agreements may be concluded and for employees of budgetary institutions. Through these contracts cannot negotiate clauses concerning the rights which they grant and the amount shall be determined by legal provisions.
  

(2) collective bargaining agreements of employees of budgetary institutions can end at the level of units, or administration of local public services, institutions under them, and at the departmental level, subordinated institutions.
  


Article 13 (1) the parties are required to specify in each collective labour contract concluded at the group level units and branch of activity, the units shall apply to the terms negotiated.
  

(2) in the case of collective contracts signed at the level of branches of activity, the components of their units are established and it is specified by the parties negotiating the collective labour contract, in compliance with the provisions of this law.
  


Chapter 3 Parties and their representation in the negotiation and the conclusion of collective contracts Article 14 collective labour contract the parties are employer and employees, represented as follows: a) the Patron Saint:-level unit, by its governing body, established by law, statute, regulation times where appropriate;
group-level units, branch and national level, by legally constituted employers ' associations and representative according to the present law;

b) employees:-unit level, by legally established trade union organizations and representative of the times, where there is a Union representative, elected by representatives of employees;
-at the level of units and groups of branches, trade union organisations of the federal-type, legally constituted and representative according to the present law;
-at national level, by the General cross-industry trade union organisations, legally constituted and representative according to the present law.


Article 15 (1) in negotiating the collective labour contract at national, branch or unit group participate in the employers ' associations that meet the following cumulative conditions,: a) at the national level: have the organizational independence and patrimonial;
-represents the employers whose units operate in at least half of the total number of counties, including Bucharest;
-represents the employers whose units operate in at least 25% of the branches of activity;

-represents the employers whose units include not less than 7% of the herd employees from national economy;

(b)) at the branch level: have the organizational independence and patrimonial;
-represents the employers whose units include a minimum of 10% of the number of employees from the branch.

(2) the fulfillment of the conditions for representativeness are found by the Bucharest Tribunal, at the request of the employers ' Association. The judgment is subject to appeal only.
  


Article 16 representative employers ' Associations at national level are representative and at the level of branches and groups of units via the federal-type organizations, components.


Article 17 (1) To collective bargaining at national, branch and participate in trade unions that meet the following cumulative conditions,: a) at the national level: have legal status of the Trade Union Confederation;
have the organizational independence and patrimonial;
-in trade union structures have their own component in at least half of the total number of counties, including Bucharest;
-the trade union federations were representative of at least 25% of the branches of activity;
-trade unions are, cumulatively, a number of members equal to at least 5% of the employees of the national herd;

(b)) at the branch level: have legal status of the Trade Union Federation;
have the organizational independence and patrimonial;
-trade unions are, cumulatively, a number of members equal to at least 7% of employees in the respective herd;

c) at the level of the unit:-have legal status of the trade union organization;
-the number of members of the Union represents at least one-third of the number of employees in the unit.

(2) the fulfillment of the conditions for representativeness of trade union organizations to establish, at their request, by the judicial courts, as follows: a) at national and branch by the Bucharest Tribunal;
  

b) at the level of the unit, by the District Court in whose area the unit headquarters is located.
  

(3) a judgment is subject to appeal only.
  


Article 18 (1) Trade Union Organisations which are representative at national level are representative and at the level of branches and groups of units which have Federated organizations parts type. They are also representative of the trade union federations and which meet the conditions laid down in article 21. 17 para. (1) (a). b). (2) Accordingly, the representative trade union organizations level branches are representative of the groups of units that have their own unions.
  

(3) Trade Union Organizations in the unit are representative, if they meet the conditions laid down in article 21. 17 para. (1) (a). (c)), and if they are affiliated to a trade union representative.
  


Article 19 at the level of branches of activity of national economy, each Trade Union Organization General cross, and each association units, which are representative at national level, will designate a single trade union organization, the Association representative units respectively, to participate in the negotiation and the conclusion of collective labour contracts.


Article 20 the collective labour Contract can be concluded and in units in which there are no unions or they do not fulfil the conditions of representativeness laid down in art. 18 paragraph 1. 2. In this case, they choose representatives to negotiate through a secret ballot. The election of the representatives of the employees shall participate in at least half plus one of the total number of employees. Employees ' representatives shall be appointed in relation to the number of votes obtained.


Article 21 Through collective labour contract concluded at the national level, the Parties shall determine the branches of the national economy and the criteria according to which the units are part of these branches, based on the opinion of the Advisory National Commission for statistics.


Article 22 in the negotiation and conclusion of collective contracts in the budgetary sector, the parties are represented as follows: (a)) by the budgetary institution or leader of the placeholder of it;
  

b) by representative trade unions within the meaning of this law, or by the employees ' representatives elected in accordance with the provisions of art. 20. Chapter 4 conclusion of collective contracts Article 23 (1) collective labour Contract shall be concluded for a period determined, which may not be less than 12 months, or during the works.
  

(2) in the case referred to in article 1. 3 paragraphs 1 and 2. (2) the parties may decide to extend the application of the continuation of the collective labour contract, the circumstances in which it was concluded, or in other conditions which will be agreed.
  


Article 24 (1) Clauses contained in collective bargaining agreements negotiated with violating the provisions of art. 8 hit of invalidity.
  

(2) the nullity of contractual clauses to establish jurisdiction by the Court, at the request of the party concerned.
  

(3) in the case of an infringement of nullity of clauses to the Court, the interested can request renegotiation of the rights in question.
  

(4) pending the renegotiation of rights, the terms of which a declaration of invalidity has been found out are replaced with more favourable provisions contained in the law or in collective labour contract concluded at the higher level, as appropriate.
  


Article 25 (1) collective labour Contract shall be concluded in written form, shall be signed by the parties, shall be filed and recorded in the General Directorate of labour and social protection Bucharest or County, as applicable.
  

(2) collective bargaining agreements concluded at the level of units, groups of branches of activity or at the national level shall be filed and recorded in the Ministry of labour and social protection.
  

(3) collective bargaining agreements shall apply from the date of registration. The parties may agree that the date of application of the clauses to be negotiated at a later date the day of registration of the contract.
  


Article 26 (1) collective bargaining agreements will not be registered if: (a)) are signed with violating the provisions of art. 13;
  

b) parties do not provide proof of fulfilling requirements of representativeness;
  

c) are not signed by all representatives of the parties to the negotiation.
  

(2) collective bargaining agreements will be recorded without the signature of all the representatives of the parties, if: (a) some employers ' associations) representative or trade union representative organisations were invited to negotiate and have not been submitted;
  

b) some employers ' associations or organisations which are representative of the Trade Union representative attended the negotiations, have agreed with the terms negotiated, but refuse to sign contracts, a situation that would result from acts of the parties;
  

(c) representatives of the parties to the negotiation) which have not signed the collective labor contract represents under one-third of the number of employees in the unit, less than 7% of the pig population in the respective employees or less than 5% of the employees of the national herd, as appropriate.
  

— — — — — — — — — — — c) of paragraph 1. (2) of article 9. 26 was introduced by art. in EMERGENCY ORDINANCE No. 9 out of 18 March 2004, published in Official Gazette No. 246 of 19 March 2004.


Article 27 (1) The registration of collective contracts of employment, Ministry of labour and social protection and, where appropriate, the General directions of work and territorial social protection will check if they contain clauses dealt with non-compliance with the provisions of article. 8. (2) where it is found that in the collective bargaining agreements exist such clauses, Ministry of labour and social protection and, where appropriate, the General territorial Directorate of labour and social protection has an obligation to refer the matter to the Contracting Parties to this fact.
  


Article 28 against a refusal of registration of collective labour contracts, the unhappy with judicial courts may apply, in accordance with the law on administrative courts no. 29/1990.


Article 29 the collective labour Contract concluded between the national and branch will be published in the Official Gazette, within 30 days of registration. In this sense, directed by Autonomous official journal will edit the part V of the official monitor of Romania, which will publish only the collective bargaining agreements.


Chapter 5 the execution, amendment, suspension and termination of employment Article 30 (1) the performance of collective labour contract is mandatory for the parties.
  

(2) Failure by the contract obligations undertaken collectively attract liability to the parties that are guilty of this.
  


Article 31 (1) the terms of the collective labour contract can be modified during his execution, in accordance with the law, whenever the parties so agree.
  

(2) the amendments to the collective labour contract shall be notified, in writing, to be retained in the body and become applicable from the date of registration or at a later date, according to the Convention of the parties.
  


Article 32 execution of collective labour contract or clauses thereof shall be suspended for the duration of the strike, if there is no sequel possible activity by employees who do not participate in the strike.


Article 33 (1) collective labour Contract ceases: a) in fulfillment of the term or the completion of the work that has been completed, unless the parties agree to extend the application of the latter.
  

b) judicial dissolution or liquidation of the unit;
  

consent of the parties).
  


(2) collective labour Contract can be terminated at the reorganization of the legal person, in relation to the specific manner in which the reorganization takes place.
  

(3) the application of the collective labour contract can be suspended by agreement of the parties ' will.
  

(4) the termination or suspension of the collective labour contract will be notified within 5 days, the body to which it has been filed for registration.
  


Chapter 6 transitional and final provisions Article 34 Repealed.
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Art. 34 was repealed by paragraph 1. (2) of article 9. Act No. 298 53 of 24 January 2003 published in Official Gazette No. 72 of 5 February 2003.


Article 35 Repealed.
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Art. 35 was repealed by paragraph 1. (2) of article 9. Act No. 298 53 of 24 January 2003 published in Official Gazette No. 72 of 5 February 2003.


Article 36 (1) the representativeness of employers ' associations and trade union organisations, established under the present law, applies to any collective work contracts concluded within four years from the date of final judgement ramanerii of representation degree.
  

(2) final judgments, to ascertain the representativeness of the social partners, shall be notified to the Ministry of labour and social protection, which will keep track of them.
  


Article 37 (1) collective bargaining agreements registered with the Ministry of labour and social protection and, where appropriate, to the General directions of work and social protection Bucharest or County, on the date of entry into force of this law, shall take effect until the date of fulfillment of the term during which they were concluded.
  

(2) the modification times to extend the collective labor contracts referred to in paragraph 1. (1) is only possible if not contrary to the procedures provided for in this law.
  


Article 38 law No. 13/1991 regarding collective labour contract shall be repealed.
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