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Law No. 130 Of 16 October 1996 * Republished Collective Labour Contract

Original Language Title:  LEGE nr. 130 din 16 octombrie 1996 *** Republicată privind contractul colectiv de muncă

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LEGE no. 130 130 of 16 October 1996 (** republished) (* updated *) on the collective agreement ((updated until 19 March 2004)
ISSUER PARLIAMENT




---------------- *) The initial text was published in the OFFICIAL GAZETTE no. 184 184 of 19 May 1998. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra Neamt until March 19, 2004 with the amendments and additions made by: LAW no. 53 53 of 24 January 2003 -LABOUR CODE; EMERGENCY ORDINANCE no. 9 9 of 18 March 2004 . ---------------- ** **) Republicated pursuant to art. II of Law no. 143 143 of 24 July 1997 , published in the Official Gazette of Romania, Part I, no. 172 of 28 July 1997, giving the texts a new numbering. Law no. 130 130 of 16 October 1996 was published in the Official Gazette of Romania, Part I, no. 259 259 of 24 October 1996. + Chapter 1 General provisions + Article 1 (1) The collective agreement is the convention concluded between the patron or the employers ' organization, on the one hand, and employees, represented by trade unions or otherwise provided by law, on the other side, establishing clauses on the conditions work, pay, as well as other rights and obligations arising from employment relationships. (2) For the purposes of this law, the patron term means the natural person and the legal person who employs employees by the conclusion of individual employment contracts. (3) Legal persons who hire employees are also referred to in this Law and Units. + Article 2 (1) Through the conclusion of collective agreements, the aim is to promote fair working relationships, such as to ensure the social protection of employees, to prevent or limit collective labor conflicts or to avoid the onset of strikes. (2) They are part of the collective agreements and agreements between the signatory parties of collective agreements, in which collective labour conflicts are resolved. (3) The collective agreement may also include provisions on the protection of those elected or delegated to the governing bodies of the trade unions, respectively the representatives of the employees elected according to the provisions of art. 20. + Article 3 (1) Collective bargaining, at the level of establishment, 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 duration of collective bargaining shall not exceed 60 days. (4) The collective bargaining will have as its object, at least: salaries, working time, working hours and working conditions. (5) The negotiation initiative belongs to the owner. (6) If the owner does not hire the negotiation, it shall take place at the request of the trade union organization or of the employees ' representatives, as the case may be, within 15 days of the application. + Article 4 (1) Within 15 days from the date of the application by the trade union organization or by the employees ' representatives, the owner must convene the parties in order to negotiate the collective agreement. (. The first meeting of the Parties shall specify: a) the information that the owner will provide to union delegates or employees and the date on which he/she is to meet this obligation; the information must allow a comparative analysis of the situation of the employment, classification professions and trades, the level of pay, the duration of working time and the organisation of the working hours; b) place and calendar of meetings. + Article 5 Failure of the patron to fulfill the obligations provided in art. 3 3 para. ((5) 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. + Article 6 Finding and sanctioning of the contravention art. 5 are made according to the procedure provided by Law no. 32/1968 *) on the establishment and sanctioning of contraventions, by the staff of the Ministry of Labour and Social Protection, from the general directions of work and county social protection, respectively of the city of Bucharest, empowered by order of Labour and social protection minister. --------- * *) Law no. 32/1968 has been repealed by Government Ordinance no. 2/2001 on the legal regime of contraventions, published in the Official Gazette of Romania, Part I, no. 410 410 of 25 July 2001. + Article 7 (1) In the negotiation of clauses and at the conclusion of collective agreements, the parties shall be equal and free. (2) The collective labor contracts, concluded in compliance with the legal provisions, constitute the law of the parties. + Article 8 (1) The clauses of collective agreements may be established only within the limits and under the conditions laid down by this law. (2) Collective labor contracts may not contain clauses establishing rights at a level below that established by collective agreements concluded at the higher level. (3) Individual employment contracts may not contain clauses establishing rights at a level below that established by collective agreements. (4) At the conclusion of the collective agreement, the legal provisions regarding the rights of employees have a minimal character. + Chapter 2 Field of application of collective agreements + Article 9 The provisions of the collective agreement produce effects for all employees in the unit, regardless of the date of employment or their affiliation to a union organization in the unit. + Article 10 (1) Collective labor contracts may be concluded at the level of units, branches of activity and at national level. (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. (3) In the event that no representative employers 'associations are organized at lower levels, the national employers' association may designate representatives for negotiation. + Article 11 ((. The terms of collective agreements shall take effect as follows: a) for all employees in the unit, in the case of collective agreements concluded at this level; b) for all employees assigned to the units belonging to the group of units for which the collective agreement has been concluded at this level; c) for all employees assigned to all units in the branch of activity for which the collective agreement was concluded; d) for all employees assigned to all units in the country, in the case of collective agreements at national level. (2) At each of the levels provided for in art. 10 a single collective agreement is concluded. (3) By collective agreement the parties may agree to establish a fund from the contribution of the patronage, intended for activities in the field of collective bargaining. + Article 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 laid down by legal provisions. (2) The collective labor contracts of the employees of the budgetary institutions may be concluded at the level of the units, at the level of the local public administration or services, for the institutions subordinated to them, and at the departmental level, subordinate institutions. + Article 13 (1) The parties have the obligation to specify, in each collective agreement concluded at the group level of units and branch of activity, the units within which the negotiated clauses apply. (2) In the case of collective agreements concluded at the level of the branches of activity, their component units shall be established and specified by the parties negotiating the collective agreement, in compliance with the provisions of this laws. + Chapter 3 Parties and their representation in the negotiation and conclusion of collective agreements + Article 14 The parties to the collective agreement are the owner and the employees, represented as follows: a) owner: -at the level of establishment, by its governing body, established by law, statute or operating regulation, as the case may be; -at the group level of units, branch and national level, by the legally constituted and representative employers ' associations according to the present law; b) employees: -at the level of unity, by the legally constituted and representative trade union organizations, where a representative trade union is not constituted, through the elected representatives of the employees; -at the level of the groups of units and branches, by the trade union organizations of the federative type, legally constituted and representative according to the present law; -at national level, by the trade union organizations of the confederative type, legally constituted and representative according to the present law. + Article 15 (1) In the negotiation of the collective agreement at national level, the branch or group of units participate the employers ' associations that meet, cumulatively, the following conditions: a) at national level: -have organizational and patrimonial independence; -represent patrons whose units operate in at least half of the total number of counties, including in Bucharest; -represent patrons whose units operate in at least 25% of the branches of activity; -represent patrons whose units comprise at least 7% of the staff of employees of the national economy; b) at branch level: -have organizational and patrimonial independence; -represent patrons whose units comprise at least 10% of the number of employees in that branch. (2) The fulfilment of the conditions of representativeness is found by the Bucharest City Court, at the request of the employers ' association. The judgment is subject only to appeal. + Article 16 The representative employers ' associations at national level are representative also at the level of branches and groups of units through federative type organizations, components. + Article 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 union members represents at least a third of the unit's employees. (2) The fulfilment of the conditions of representativeness of trade union organizations shall be found, at their request, by the courts, as follows: a) at national and branch level, by the Bucharest City Court; b) at the level of unity, by the court in whose territorial area the headquarters of the unit is located. (3) The judgment is subject only to appeal. + Article 18 (1) The representative trade union organizations at national level are representative also at the level of branches and groups of units in which they have federative component organizations. meet the conditions provided in art. 17 17 para. ((1) lit. b). (. Accordingly, representative trade union organisations at the level of the branches shall also be representative of the groups of establishments in which they have their own trade union organisations. (3) The 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. + Article 19 At the level of branches of activity of the national economy, each trade union organization of the confederative type, as well as each association of units, which are representative at national level, will designate a single trade union organization, respectively association of representative units, participate in the negotiation and conclusion of collective agreements. + Article 20 The collective agreement may also be concluded in establishments where there are no trade union organizations or they do not meet the conditions of representativeness provided for in art. 18 18 para. ((2). In this case, employees choose their representatives for negotiation by secret ballot. At least half plus one of the total number of employees will participate in choosing the employees ' representatives. Employees ' representatives shall be appointed in relation to the number of votes + Article 21 Through the collective agreement concluded at national level, the parties establish the branches of activity of the national economy and the criteria according to which the units are part of these branches, based on the advisory opinion of the National Commission for Statistics. + Article 22 In the negotiation and conclusion of collective agreements in budgetary institutions, the parties shall be represented as follows: a) by the head of the budgetary institution or by its rightful place; b) by the representative trade unions, for the purposes of this law, or by the representatives of the employees elected according to the 20. + Chapter 4 Conclusion of collective agreements + Article 23 (1) The collective agreement shall be concluded for a fixed period, which may not be less than 12 months, or for the duration of a determined work. (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. + Article 24 (1) The clauses contained in the collective agreements negotiated in violation of the provisions of art. 8 8 are hit by nullity. (2) The nulity of the contractual clauses shall be found by the competent court, at the request of the interested party. ((3) In case of a declaration of invalidity of clauses by the court, the interested party may request the renegotiation of those rights. (4) Until the renegotiation of the rights, the clauses whose nullity has been established are replaced by the more favorable provisions contained in the law or in the collective agreement concluded at the higher level, as the case may be. + Article 25 (1) The collective agreement shall be concluded in written form, shall be signed by the parties, shall be submitted and registered at the general direction of work and social protection of the county or of the city of Bucharest, as the case may be. (2) Collective labor contracts concluded at the level of groups of units, branches of activity or at national level shall be submitted and registered with the Ministry of Labour and Social Protection. (3) Collective labor contracts shall apply from the date of registration. The parties may agree that the date of application of the negotiated clauses shall be subsequent to the day of registration of the contract. + Article 26 (. Collective labor contracts shall not be registered, if: a) are concluded in violation of art. 13 13; b) the parties do not prove that the representativeness requirements c) are not signed by all representatives of parties to the negotiation. (2) Collective labor contracts shall be registered without the signature of all representatives of the parties, if: a) some representative employers ' associations or representative trade union organisations were invited to the negotiation and did not appear; b) some representative employers ' associations or representative trade union organizations participated in the negotiations, agreed with the negotiated clauses, but refuse to sign the contracts, a situation that results from the acts submitted by the parties; c) the representatives of the parties to the negotiation who did not sign the collective agreement represent less than one third of the employees of the unit, less than 7% of the employees of the respective branch or less than 5% of the employees of the economy national, as appropriate. ----------- Letter c) a par. ((2) of art. 26 26 was introduced by art. unique of EMERGENCY ORDINANCE no. 9 9 of 18 March 2004 published in MONITORUL OFFICIAL no. 246 246 of 19 March 2004. + Article 27 (1) When registering collective labor contracts, the Ministry of Labour and Social Protection or, as the case may be, the territorial general directions of work and social protection will verify whether they contain clauses negotiated with non-compliance with the provisions of art. 8. ((2) If it is found that in collective employment contracts such clauses exist, the Ministry of Labour and Social Protection or, as the case may be, the territorial general direction of work and social protection has the obligation to refer this fact to the parties Contracting. + Article 28 Against the refusal of registration of collective agreements, the dissatisfied party can appeal to the courts, under the conditions Law of Administrative Litigation no. 29/1990 . + Article 29 The collective agreement concluded at national and branch level will be published in the Official Gazette of Romania, within 30 days of registration. In this regard, the Autonomous Regia "Monitorul Oficial" will edit the 5th part of the Official Monitor of Romania, in which only collective labor contracts will be published. + Chapter 5 Execution, modification, suspension and termination of the collective agreement + Article 30 (1) The performance of the collective agreement is mandatory for the parties. (2) Failure to fulfil the obligations assumed by the collective agreement shall entail the responsibility of the parties who are guilty of it. + Article 31 (1) The terms of the collective agreement may be modified during its execution, under the law, whenever the parties agree. ((. The amendments to the collective agreement shall be communicated, in writing, to the body to which they are kept and become applicable from the date of registration or at a later date, according to the convention of the parties. + Article 32 The execution of the collective agreement or clauses thereof shall be suspended for the duration of the strike, if it is not possible to continue the activity by the employees who do not participate in the strike. + Article 33 (1) The collective agreement shall cease: a) at the end of the term or at the end of the work for which it has been concluded, if the parties do not agree to b) on the date of dissolution or judicial liquidation of the unit; c) by agreement of the Parties (2) The collective agreement may cease to reorganize the legal person, in relation to the specific manner in which the reorganization takes place. (3) The application of the collective agreement may be suspended by the agreement of the parties ' will. (4) The cessation or suspension of the collective agreement will be notified, within 5 days, to the body to which it was submitted for registration. + Chapter 6 Final and transitional provisions + Article 34 Repealed. ----------- Article 34 was repealed by paragraph 1. ((2) art. 298 of LAW no. 53 53 of 24 January 2003 published in MONITORUL OFFICIAL no. 72 72 of 5 February 2003. + Article 35 Repealed. ----------- Article 35 was repealed by paragraph 1. ((2) art. 298 of LAW no. 53 53 of 24 January 2003 published in MONITORUL OFFICIAL no. 72 72 of 5 February 2003. + Article 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. (2) The final court decisions, which establish the representativeness of social partners, shall be communicated to the Ministry of Labour and Social Protection, which shall keep records. + Article 37 (1) Collective labor contracts registered with the Ministry of Labour and Social Protection or, as the case may be, at the general directions of work and social protection of the county or of the city of Bucharest, at the date of entry into force of this law, effects until the date of completion of the term during which they were concluded. (2) Modification or extension of collective agreements provided in par. ((1) is only possible if it does not contravene the procedures provided for in this Law + Article 38 Law no. 13/1991 on the collective agreement shall be repealed. ----------