Law No. 122 of 16 October 1996 (republished) concerning the legal status of mutual aid houses of employees and their unions) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 261 of 22 April 2009 — — — — — — — — — — — — * Note) Republished pursuant to art. The Government Emergency Ordinance nr. 74/2003 amending and completing law No. 122/1996 concerning the legal regime of mutual aid houses of employees and their unions, published in the Official Gazette of Romania, part I, no. 629 of 3 September 2003, approved with amendments and completions by law No. 186/2004, published in the Official Gazette of Romania, part I, no. 466 of 25 May 2004, giving it a new texts.
Law No. 122/1996 was published in the Official Gazette of Romania, part I, no. 262 of 25 October 1996 and was amended and supplemented by law No. 135/2003 amending and completing law No. 122/1996 concerning the legal regime of mutual aid houses of workers, published in the Official Gazette of Romania, part I, no. 267 of 17 April 2003.
Article 1 (1) mutual aid houses are associations of employees without patrimonial purpose, organized on the basis of free consent of employees, in order to support and helpfulness of their members. Members of a House employee mutual aid may be only individuals employed. The homes of workers mutual aid operates exclusively with its members.
(2) mutual aid houses of employees, established pursuant to paragraph 1. (1), you can assign the territorial Union affiliated to the National Union of mutual benefit of workers from Romania, hereinafter referred to as the National Union for the purpose of representation at national and international level. Mutual aid houses cannot be affiliated at the same time to two or more unions of mutual aid houses of employees.
(3) mutual aid houses of employees are required to submit annual financial statements of the territorial County unions, the National Union, and the General Directorates of the public finances and the municipality of Bucharest.
(4) National Union receives, checks and collect the annual accounts of companies and mutual benefit of employees and their territorial unions, in order to submit the Ministry of public finance.
Article 2 (1) the objects of the companies and mutual aid of employees is the granting of loans with interest by their members. Interest on loans is coming back to the social fund, after deducting any statutory.
(2) National Union, and unions pledged at the territorial level aiming at ensuring financial stability of mutual benefit of employees and provide services tailored to the specifics of their activity.
(3) mutual aid houses employees ' lending only to their members on the basis of the loan contracts in written form, indicating clearly all terms and conditions set out in the Statute. Loan agreements are enforceable.
(4) Through the statutory regulations of the mutual aid houses employees must ensure that their funds and cash reserves are adequate to ensure the financial balance of the structure and rules of prediction and risk in granting loans.
Article 3 (1) the funds used by the mutual aid for loans to its members are: the social fund, established by the accumulated contributions, plus interest, the own funds of mutual aid and funds obtained from Union County territorial or National Union.
(2) mutual aid houses may not attract any deposits or repayable funds, other than those referred to in paragraph 1. (1) and (3) are not covered by the prohibition provided for in paragraph 1. (2) contributions to the social fund of the members under the conditions in which this shall be refunded upon the termination of membership.
Article 4 (1) mutual aid houses of employees can be set up by employees or other persons who obtain income through wage nature Association, in units in which they operate or at territorial level.
(2) the articles of incorporation and bylaws of the mutual aid of employees shall be submitted together with the application for the acquisition of legal personality, the District Court in whose territorial RADIUS it is established.
Article 5 mutual aid houses of employees and their unions are established, organized and operated as legal persons according to the provisions of this law and of the Ordinance No. 26/2000 on associations and foundations, approved with amendments and completions by law No. 246/2005, as amended.
Article 6 mode, establishment and operation of mutual aid of employees is established by its own statutes.
Article 7 (1) national and territorial unions Union oversees the activity of mutual benefit of employees. Control activities by mutual aid shall be carried out by the Ministry of public finance in accordance with the law.
(2) National Union of unions shall supervise the work of employees ' mutual benefit.
(3) National Union may initiate proceedings for dissolution of mutual benefit of employees or unions, according to the law.
Article 8 acts and mutual aid houses operations of employees, made in connection with the subject of their activities, shall be exempt from any taxes and fees.
Article 9 within 6 months after the entry into force of this law, employees ' mutual aid, which operates under Decree No. 358/1949, will liaise with legal statutes, with the District Court in whose territorial RADIUS are established.
Article 10 entry into force of this law shall be repealed Decree nr. 358/1949 concerning the Organization of mutual aid in addition to the trade unions, and any other provisions to the contrary.