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Law No. 143 Of 24 July 1997 On The Amendment And Completion Of The Law Nr. 130/1996 On Collective Labour Contract

Original Language Title:  LEGE nr. 143 din 24 iulie 1997 pentru modificarea şi completarea Legii nr. 130/1996 privind contractul colectiv de muncă

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LEGE no. 143 143 of 24 July 1997 to amend and supplement Law no. 130/1996 on the collective agreement
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 172 172 of 28 July 1997



The Romanian Parliament adopts this law + Article 1 Law no. 130/1996 on the collective agreement, published in the Official Gazette of Romania, Part I, no. 259 of 24 October 1996, shall be amended and supplemented as follows: 1. The paragraphs (1) to (3) of Article 3 shall read as follows: "" Art. 1. -(1) Collective bargaining, at the level of unity, is mandatory, unless the unit has fewer than 21 employees. (. The collective bargaining shall take place each year, as follows: a) after at least 12 months from the date of the previous negotiation, not followed by the conclusion of the collective agreement, or from the date of entry into force of the collective agreement, as the case may be; b) at least 30 days prior to the expiration of collective agreements concluded for one year. (3) The collective bargaining will have as its object, at least: salaries, working time, working hours and working conditions. " 2. in Article 3, after paragraph 2, paragraph 2 is inserted, with the following contents: "" (2 ^ 1) The duration of collective bargaining shall not exceed 60 days. " 3. Article 5 shall read as follows: "" Art. 5. -Failure to fulfill by the patron the obligations provided in art. 3 3 para. ((4) and in art. 4 4 para. (1) constitutes a contravention and is sanctioned with a fine of between 3,000,000 lei and 6,000,000 lei. " 4. Article 8 (4) shall read as follows: "(4) At the conclusion of the collective agreement, the legal provisions regarding the rights of employees have a minimal character." 5. Article 10 (2) shall read as follows: "(2) Collective labor contracts may also be concluded at the level of groups of companies and autonomous kings, hereinafter referred to as groups of units." 6. in Article 10, after paragraph 2, paragraph 3 is inserted, with the following contents: "(3) If representative employers 'associations at lower levels are not organised, the national employers' association may designate representatives for negotiation." 7. Article 12 (1) shall read as follows: "" Art. 12. -(1) Collective labor contracts may also be concluded for employees of budgetary institutions. These contracts cannot be negotiated clauses relating to the rights of which the granting and the amount are established by legal provisions. " 8. In Article 14 (b), the first indent shall read as follows: "-at the level of unity, by the legally constituted and representative trade union organizations or, where a representative union is not constituted, through the elected representatives of the employees;" 9. In Article 15 (1) (a), the fourth indent shall read as follows: "-represents patrons whose units comprise at least 7% of the staff of employees of the national economy;" 10. Article 17 (1) shall read as follows: "" Art. 17. -(1) In the negotiation of collective agreements at national, branch and unit level, the trade union organizations that meet, cumulatively, the following conditions shall participate: a) at national level: -have legal status as a trade union confederation; -have organizational and patrimonial independence; -have in their own trade union structures, in at least half of the total number of counties, including in Bucharest; -have representative trade union federations of at least 25% of the branches of activity; -component trade unions have, cumulatively, a number of members at least equal to 5% of the staff of employees in the national economy; b) at branch level: -have legal status as a trade union federation; -have organizational and patrimonial independence; -the trade union organizations have, cumulatively, a number of members at least equal to 7% of the staff of the employees of that branch; c) at unit level: -have legal status as a trade union organization; -the number of members of the union represents at least 1/3 of the employees of the establishment. 11. in Article 18, after paragraph 2, paragraph 3 is inserted, with the following contents: " (3) The trade union organizations in the establishment are representative, if they meet the conditions provided in art. 17 17 para. ((1) lit. c), as well as if they are affiliated to a representative trade union organization. " 12. Article 23 (2) shall read as follows: " (2) In the case provided for in art. 3 3 para. ((2), the parties may decide to extend the further application of the collective agreement, given that it has been concluded or in other conditions to be agreed. " 13. In Article 26 (2), letter b) shall read as follows: "b) some representative employers ' associations or representative trade union organisations participated in the negotiations, agreed with the negotiated clauses, but refused to sign the contracts, which would result from the acts submitted by the parties." 14. In Article 33 (1), letter b) shall read as follows: "" b) on the date of dissolution or judicial liquidation of the establishment; ' 15. Article 33 (1) shall be inserted after paragraph 1, with the following contents: "" (1 ^ 1) The collective agreement may cease to reorganize the legal person, in relation to the specific manner in which the reorganization takes place. " 16. Article 36 (1) shall read as follows: "" Art. 36. --(1) The representativeness of employers ' associations and trade union organizations, established under the terms of this law, is valid for any collective agreements concluded within 4 years from the date of final stay of the decision judicial finding of representativeness. " + Article 2 Law no. 130/1996 on the collective labor contract, with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, giving the texts a new numbering. This law was adopted by the Senate at the meeting of July 3, 1997, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT RADU VASILE This law was adopted by the Chamber of Deputies at its meeting on July 4, 1997, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT VASILE LUPU --------------