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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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LEGE no. 215 215 of 22 December 1997 on the Social House of Builders
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 372 372 of 22 December 1997



The Romanian Parliament adopts this law + Chapter 1 Establishment of Social House of Builders + Article 1 The Social House of Builders, nonprofit organization, autonomous, with legal personality and own heritage, based in Bucharest, is established. + Article 2 The Social House of Builders is constituted and operates in a two-party system, with the equal and free participation of trade union organizations and employers ' associations in the construction and construction materials branch. + Article 3 (1) The Social House of Builders aims to ensure the protection of employees from the construction and production of construction materials during the interruption of the activity due to the weather conditions unfavorable. (2) For the purposes of this Law, the activities of the production of building materials shall mean the activities of outdoor prefabricated polygons, quarries and ballasts, as well as from other activities established by the statute of the House Social of Builders, where you can not work due to adverse weather conditions. + Article 4 (1) The Social House of Builders operates on the basis of the status approved by the general assembly of representatives and mainly has the following tasks: a) constitutes, manages and manages the fund for the protection of employees from the construction and production of building materials; b) establishes the conditions for granting the rights of the employees provided by this law and guarantees these rights. (2) The Social House of Builders shall perform other duties established in accordance with its statutes. + Article 5 The management of the Social House of Builders is exercised by: a) general meeting of the representatives; b) the board of directors. + Article 6 The general assembly of representatives shall be composed of delegates of the social partners, on the basis of a rules of representation established by statute, in compliance with the principle of + Article 7 The General Assembly of Representatives approves the revenue and expenditure budget of the Social House of Builders and the report of the Board of Directors on budget implementation. + Article 8 (1) The Management Board shall ensure the permanent activity of the Social House of Builders and shall consist of representatives of representative employers ' and trade union organizations at branch level, as follows: a) 4 members appointed jointly by the representative employers ' organizations at the branch level; b) 4 members appointed jointly by the representative trade union federations at branch level. (2) The branch trade union federations and employers ' organizations which meet the conditions laid down by Law no. 130/1996 on the collective agreement, as amended by Law no. 143/1997 . + Article 9 The organization and functioning, as well as the duties of the board of directors, shall be established by the status of the Social House + Article 10 (1) The Social House of Builders is headed by a president, who is also the chairman of the board of directors. (2) The President shall be elected by the Management Board from among its members. (3) The election of the President shall be for a period of 4 years. (4) The term of office of the President shall cease following resignation, revocation or death. (5) The President represents the Social House of Builders in relations with third parties. (6) The powers of the President shall be determined by the status of the Social House of + Article 11 The organizational structure, the number of personnel, as well as the organization of the financial-accounting activity of the Social House of Builders are established by its status. + Chapter 2 Establishment and use of the Social Protection Fund of Social House members of Builders + Article 12 (1) Employees with an individual employment contract from the construction and construction materials production activity benefit during the interruption of the activity of an allowance representing a taxable amount, the monthly amount of which is equal with 75% of the average over the last 3 months of the gross basic salary. (2) The allowance shall be granted in proportion to the period of interruption of the activity. (3) The period for granting the allowance may not be more than 90 calendar days between 1 November of the year of interruption of activity-31 March of the following year. + Article 13 The provisions of this law benefit the employees of economic agents who prove that they are members of the Social House of Builders and contributed to the establishment of the fund for the payment of the allowance provided in art. 12 12 para. ((1). + Article 14 (1) During the period of interruption of the activity, the employees who benefit from the allowance provided for in this law remain at the disposal of the economic agents, and their individual employment contracts cannot cease for reasons related to the restriction or the cessation of activity. (2) The employees who will benefit from the allowances, under the conditions of this law, will be nominated by the board of directors of economic agents, with the agreement of the legally constituted and representative trade union organizations at the branch level or, where they are not representative unions, of the elected representatives of employees, according to the law. + Article 15 Criteria regarding the establishment of economic agents with construction-assembly and construction materials production activity, as well as with their assimilable activities, according to the law, whose employees benefit from the allowance, as well as the conditions under which this allowance is granted will be determined by the status of the Social House of Builders. + Article 16 (1) The fund necessary for the payment of the allowance provided for in 12 12 para. ((1) shall be constituted of: a) the contribution of employees representing 1% of the gross basic salary; b) the contribution of economic agents representing 1.5% of the value of the construction production, realized and collected from the beneficiary for the construction economic agents, respectively from the value of the production-goods sold and collected for the producers building materials, without correspondent in the estimate of the work; c) the taking of a quota in the amount of 0,5% of the value of the construction estimate, with correspondent in the general estimate of the work; d) other sources attracted. (2) The amounts of money provided in par. (1) is due from the date of entry into force of this law and is kept at a banking company, being interest-bearing. + Article 17 (1) The fund constituted according to art. 16 16 para. ((1), not covered until the end of the year, shall be carried over to the following year by the same destination. (2) The interest received is income to the fund for the payment of allowances. ((. The amounts of the contribution of economic operators shall be included in the production costs. + Article 18 The expenses related to the administration and management of the fund for the payment of allowances shall be made from the fund established 16 16 para. ((1) and may not exceed 10% of their total. + Article 19 For the amounts representing the allowances granted according to art. 12 12 para. (1) economic agents owe the contributions to state social insurance, to health insurance, to the Fund for the payment of unemployment benefits and to the Risk and Accident Fund. (2) The contributions provided in par. (1), as well as the salary tax shall be calculated and retained on the date of payment of the allowances. + Article 20 (1) The staff who receive the allowance provided by this law, during the interruption of the activity referred to in art. 12 12 para. (1), benefit from seniority in work and social security rights. (2) If an employee, who receives the allowance provided for in art. 12 12 para. (1), temporarily loses its work capacity, the payment of the allowance is suspended, the person concerned benefiting from the state social insurance rights provided by law. + Chapter 3 Transitional and final provisions + Article 21 (1) The provisions of this law regarding the payment of the allowance, provided in art. 12 12 para. (1), from the fund of the Social House of Builders, shall apply to employees as of November 1, 1998. (2) Between December 1, 1997 and March 31, 1998, the payment of the allowance provided for in art. 12 12 para. (1) shall be carried out by economic agents through the directions of work and social protection of the county and of the city of Bucharest, by turning the amounts by the Ministry of Labor and Social Protection from the Fund for the payment of unemployment benefits This law was adopted by the Chamber of Deputies at its meeting on November 18, 1997, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN This law was adopted by the Senate at the meeting of December 10, 1997, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT MIRCEA IONESCU-QUINTUS -----------------