Law No. 143 of 24 July 1997 on the amendment and completion of the law nr. 130/1996 on collective labour contract ISSUER PARLIAMENT Published in MONITORUL OFICIAL nr. 172 of 28 July 1997, the Romanian Parliament adopts this law.
Article 1, law No. 130/1996 on collective labour contract, published in the Official Gazette of Romania, part I, no. 259 of 24 October 1996, alter and completed as follows: 1. In paragraphs (1) to (3) of article 3 shall read as follows: Art. 1.-(1) Collective Bargaining at the unit level, it 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, collective neurmată the contract of employment, or from the date of entry into force of the collective labour contract, where applicable;
b) with at least 30 days prior to the expiration of the collective labour contracts concluded for one year.
(3) Collective Bargaining will be, at least: wages, duration of working time, working hours and working conditions. "
2. In article 3, after paragraph 2, insert the (2 ^ 1), with the following contents: (2 ^ 1) the duration of collective bargaining may not exceed 60 days. "
3. Article 5 shall read as follows: Art. 5.-fulfilment by the employer to comply with the obligations laid down in article 21. 3 paragraphs 1 and 2. (4) and in article 8. "". (1) is subject to and is sanctioned with a fine from 3,000,000 lei and 6,000,000 lei. "
4. Article 8 (4) shall read as follows: "(4) At the conclusion of the collective labour contract, the legal provisions relating to the rights of employees are minimal."
5. Article 10 (2) shall read as follows: "(2) collective bargaining agreements may be concluded and at the level of groups of companies and 1900, referred to as clusters of units."
6. In article 10, paragraph 2, after the Insert (3) with the following content: "(3) where no representative employers ' associations are organized at lower levels, nationwide employers ' Association may designate representatives to negotiate."
7. Article 12 (1) shall read as follows: Art. 12. — (1) Collective Agreements may be concluded and for employees of budgetary institutions. Through these contracts cannot negotiate clauses relating to the granting and amount of which shall be determined by laws. "
8. In article 14 (b)), the first indent shall read as follows: "-level unit, by legally established trade union organizations and representative of the times, where there is a Union representative, through the employees ' elected representatives;"
9. In article 15 (1) (a)), the fourth indent shall read as follows: "-means the employers whose units include not less than 7% of the herd employees from national economy;"
10. Article 17 (1) shall read as follows: Art. 17. — (1) in the negotiation of collective agreements at national, branch and participate in trade unions which meet the following conditions: cumulative, a) at the national level: have legal status of the Trade Union Confederation;
have the organizational independence and heritage;
-in trade union structures have their own component in at least half of the total number of counties, including Bucharest;
-trade union federations have the 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 heritage;
-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 Trade Union shall represent at least 1/3 of the number of employees. "
11. In article 18, after paragraph 2, insert (3) with the following content: "(3) Trade Union Organizations in the unit are representative, if they fulfil the conditions laid down in article 21. 17 para. (1) (a). (c)), and if they are affiliated to a trade union representative organization. "
12. Article 23 (2) shall read as follows: "(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 collective labour contract, the circumstances in which it was concluded, or in other conditions which will be agreed upon. "
13. In article 26, paragraph 2, subparagraph (b)) shall read as follows: "(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."
14. In article 33, paragraph 1 letter b) shall read as follows: "(b)) at the time of the dissolution or liquidation of the judicial establishment;"
15. In article 33, paragraph 1 after insert (1 ^ 1), with the following contents: "(1 ^ 1) collective labour Contract can be terminated at the reorganization of the legal person, in relation to the specific manner in which the reorganization."
16. Article 36 paragraph 1 shall read as follows: Art. 36. — (1) the representativeness of employers ' associations and trade union organisations, established under the present law, shall be valid for any collective work contracts concluded within four years from the date of final judgment of whether the representation degree. "
Article 2 Law No. 130/1996 on collective labour contract, with modifications and additions made by this Bill, will the Republic Official Gazette of Romania, giving it a new texts.
This law was adopted by the Senate at its meeting on 3 July 1997, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. RADU VASILE, SENATE CHAIRMAN this law was adopted by the Chamber of deputies at its meeting on 4 July 1997, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. VASILE LUPU, PRESIDENT of the CHAMBER of DEPUTIES — — — — — — — — — — — — — —