Law No. 215 Of 22 December 1997 Concerning Social Home Builders

Original Language Title:  LEGE nr. 215 din 22 decembrie 1997 privind Casa Socială a Constructorilor

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Law No. 215 of 22 December 1997 on the ISSUING of Home Builders, the PARLIAMENT Published in MONITORUL OFICIAL nr. 372 of 22 December 1997, the Romanian Parliament adopts this law.


Chapter 1 setting up social House Builders article 1 established the House of builders, nonprofit, autonomous organization with legal personality and own patrimony, based in Bucharest.


Article 2 the House Builders are founded and operates in the two-party system, with the participation of equal and free exercise of trade union organizations and employers ' associations in the construction and production of construction materials.


Article 3 (1) social Home Builders activity aims at ensuring the protection of employees in the construction and production of construction materials during the period of the interruption of the activity due to adverse weather conditions.
  

(2) for the purposes of this law, the activities of production of construction materials ' means activities of polygons of prefabricated outdoor from quarries and gravel pits and other activities laid down in the statutes of social House, where Builders can't work due to adverse weather conditions.
  


Article 4 (1) of the Social House Builders operates on the basis of the statutes approved by the general meeting of representatives and mainly has the following duties: manages to) set up and administer the Fund for the protection of employees in the construction and production of construction materials;
  

b) lays down the conditions for the granting of rights of employees provided for by the present law and guarantee these rights.
  

(2) social House Builders meets and other duties determined in accordance with the Statute.
  


Article 5 the House Leadership is exercised by Builders: General Assembly of representatives);
  

b) Board of Directors.
  


Article 6 General Assembly of representatives is made up of delegates of the two sides, on the basis of rules of representation established by statute, while respecting the principle of the counterpart.


Article 7 General Assembly of representatives approve budget of revenue and expenditure of the social House Builders and report of the Board of Directors regarding the implementation of the budget.


Article 8 (1) the Management Board shall ensure that the work of the House Builders and is composed of representatives of employers ' organisations and trade union representative at the branch level, as follows: (a) four members appointed by) agreement between the employers ' representative organisations at branch level;
  

b) 4 members appointed by common accord of the representative trade union federations at the branch level.
  

(2) trade union federations Are representative of the branch and the employers ' organizations which fulfil the conditions provided for by law No. 130/1996 on collective labour contract as amended by law No. 143/97.
  


Article 9 mode of organization and operation, as well as the duties of the Board of Directors shall be determined by the Statute of social House Builders.


Article 10 (1) of the Social House Builders is headed by a President, who is also Chairman of the Board of Directors.
  

(2) the President shall be elected by the Board of directors from among its members.
  

(3) the Chairperson shall be for a period of 4 years.
  

(4) the term of Office of the Chairperson shall cease following the resignation, death or revocation.
  

(5) the President shall represent the social House Builders in the relationships with third parties.
  

(6) the powers of the President shall be determined by the Statute of social House Builders.
  


Article 11 the organizational structure, number of staff and the Organization financial and accounting activity of social House Builders are established through its status.


Chapter 2 establishment and use of the Fund for social protection of members of the House of Builders in article 12 (1) employees of the individual labour contract of construction and production of construction materials, shall receive for the period of the interruption of the activity of a taxable allowance, an amount whose monthly amount is equal to 75% of the average over the last 3 months of basic salary.
  

(2) the allowance shall be granted in proportion to the period of non-activity.
  

(3) the period for the granting of compensation may not exceed 90 calendar days within the period 1 November of the year of the activity to 31 March of the following year.
  


Article 13 the provisions of this law shall benefit from employees who provide proof to economic agents that are members of the House of builders and have contributed to the Fund for the payment of the allowance provided for in article 10. 12(3). 1. Article 14 (1) during the period of the interruption of the activity, employees in receipt of the allowance provided for in this law shall remain at the disposal of economic operators and individual employment contracts thereof cannot be terminated for reasons related to restriction or termination.
  

(2) Employees who will benefit from allowances, under the present law, shall be nominated by the Board of Directors of economic operators, in agreement with the trade union organizations legally constituted and representative at the branch level or where there are representative trade unions, elected representatives of the employees, according to the law.
  


Article 15 the criteria relating to the fixing of economic agents performing construction-Assembly and manufacturing of building materials, as well as similar activities with them, according to the law, whose employees shall receive compensation, as well as the conditions under which this allowance is granted shall be established by the Statute of social House Builders.


Article 16 (1) the Fund required for the payment of the allowance provided for in article 10. 12(3). (1) consists of: a) the contribution of employees representing 1% of the gross salary;
  

(b) contribution of the economic agents representing) 1.5% of the value of production, carried out and charged to the recipient businesses from construction, respectively of the value of production sold and received goods-producers of building materials, without counterpart in the estimate of the work;
  

c) a levy in the amount of 0.5% of the construction budget, with corresponding cost estimate of the work in general;
  

d) other sources drawn.
  

(2) the moneys referred to in paragraph 1. (1) is due to the entry into force of this law and shall be kept at a banking company, being interest-bearing.
  


Article 17 (1) Fund established under the provisions of art. 391. (1) unused until the end shall be carried over to the next year with the same destination.
  

(2) Interest receivable shall constitute income to the Fund for the payment of benefits.
  

(3) the amounts of the contribution of the economic agents are included in production costs.
  


Article 18 costs associated with the Administration and management of the Fund for the payment of allowances shall be made from the Fund set up under art. 391. (1) and may not exceed 10% of their total.


Article 19 For the amounts of the allowances granted under art. 12(3). (1) operators of social security contributions owed by the State, social security Health Fund for paying unemployment benefit and to fund risk and accident.

(2) the contributions provided for in paragraph 1. (1) as well as the tax on the salary shall be calculated and shall be retained at the time of the payment of benefits.
  


Article 20 (1) staff who receives the allowance provided for by the present law, the period of interruption of the activity referred to in article. 12(3). (1), the work and social security rights.
  

(2) where an employee who receives the allowance provided for in article 10. 12(3). (1) temporarily loses the ability of work, payment of compensation shall suspend the person concerned having the rights to State social insurance provided by law.
  


Chapter 3 transitional and final Provisions Article 21 (1) the provisions of this Act relating to the payment of compensation as laid down in art. 12(3). (1) of the social House Builders employees shall apply with effect from 1 November 1998.
  

(2) for the period from 1 December 1997 to 31 March 1998, the payment of the allowance provided for in article 10. 12(3). (1) shall be carried out by economic operators through the directions of work and social protection and the municipality of Bucharest, through transfer of amounts by the Ministry of labour and social protection fund for paying unemployment benefit.
  

This law was adopted by the Chamber of deputies at its meeting on 18 November 1997, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT ANDREW JOHN CHILIMAN this law was adopted by the Senate at its meeting of 10 December 1997, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. SENATE CHAIRMAN MIRCEA IONESCU-QUINTUS — — — — — — — — — — — — — — — — —