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Law No. Of 11 October 1938 3,499 For Recognition And Functioning Of Workers ' Guilds, Private Servants And Artisans

Original Language Title:  LEGE nr. 3.499 din 11 octombrie 1938 pentru recunoaşterea şi funcţionarea breslelor de lucrători, funcţionari particulari şi meseriasi

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LEGE no. 3.499 3.499 of 11 October 1938 for the recognition and operation of workers ' guilds, private officials and craftsmen
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 237 237 of 12 October 1938



CAROL II Through the grace of God and the national will, King of Romania, To all present and future, health; On the report of the President of Our Council of Ministers and Ministers of State Secretaries of the Department of Labour and Justice No. 992/938; Seeing the opinion of the Legislative Council No. 160/938; Seeing the journal of the Council of Ministers No. 2.519/938; Pursuant to art. 98 of the Constitution, We decreed and decreed: + Chapter 1 Constitution and purpose of guilds + Article 1 Guilds have as their object the study, defense and development of professional interests, without following the sharing of benefits. Professional interests are limited by their very nature, to those of industrial, commercial, agricultural technical, economic, cultural and social. Guilds exercise their activity only on the national plan, in compliance with the superior interests of the nation. They will not be able to be affiliated with international organizations or to be represented at international events or congresses, without the express authorization of the Ministry of Labor. + Article 2 It is recognized the following categories of individuals exercising the same profession, similar professions or related professions, the right to be constituted in guilds, in the conditions provided by this law; a) Workers; b) Private officials; c) Messengers. No one can be compelled to be a part, not to be a part or to cease to be part of a guild, in counter to its will. + Article 3 This right extends to all employees of the State, counties, communes, houses and autonomous regions, other public services or public utility. + Chapter 2 About the recognition of legal personalities + Article 4 The recognition of the legal personality of the guild is made by a royal decree following the proposal of the Ministry of Labor, based on the opinion of + Article 5 The guilds are unitary. Mixed guilds cannot be constituted. + Article 6 The territorial constituency of each guild, recognized in accordance with this law, is the land. No legal personality can be recognized only for a single guild for each category of professions in the same county. The Guild, however, can have sections in the more important centers in the county. These sections will be able to exercise rights of representation and, in general, all other rights conferred by this law, by delegation given on the guild. + Article 7 In order to acquire the legal personality, the guild must meet the following conditions; a) The guilds of employees will have to include, through voluntary accession, at least 1/10 of the employees occupied in the constituency in the respective category of profession; b) The guilds of craftsmen will have to include, by voluntary accession, at least 1/10 of the total craftsmen of the same category of profession in that constituency, in no case the number of the founding members of a guild of workers, Private officials or craftsmen, they will not be able to be under 30. If in that constituency does not exist for a certain category of professions, the sufficient number required by law for the constitution of a guild, persons belonging to that category, will be able to afile to a guild, which presents the largest analogy with that profession. They will be able to constitute separate groups, subject to all the eyes of the guild authority. In this case, the guild will add to its title, the expression "related professions". II. Apart from defending professional interests, guilds are in charge of pursuing the professional, moral and patriotic education of its members. III. The leaders of the guilds will have to be Romanian citizens, enjoying the plenitude of civil and political rights, whose honorability, capacity and national feelings, constitute a guarantee for the guidance and propassion of the guild's activity. + Article 8 The leaders or a special power of attorney of the founding members, provided in the articles of association, must address the request for recognition of legal personality to the Ministry of Labor. The application shall be annexed to: a) The original and two certified copies according to, after the minutes of constitution and after the statutes; b) The nominal picture of the persons composing the governing body, indicating for each citizenship, domicile, profession; c) The nominal picture of the founding members of the guild, with their address, profession and citizenship. That or those who make request for recognition of the legal personality have the responsibility of the sincerity of the activity submitted, under the sanction provided by art. 42. + Article 9 The Ministry of Labor receiving the request, will send it to the Labor Committee to give its opinion. The labor committee will proceed with the necessary research, being able to invite, for clarification or additions of documents, the founding members, or their authorized, to ask for the opinion of the other ministries, professional chambers, their Unions or other authorities. The labor committee will be able to ask for the modification of the statutes of the articles of association when they are not The Committee will endorse not only the fulfilment of the conditions required by the present law, but also on the appropriateness and usefulness of the recognition of the legal personality of the guild for political, economic or social considerations. + Article 10 The royal decree recognizing the legal personality of the guild, will be published by the Ministry of Labour at the Official Gazette, together with the articles of association and statutes. + Chapter 3 About the effects of legal personality + Article 11 Breasla who enjoys legal personality: a) It has the exclusive right to stay in the judiciary, either as the main party or as an adjoining party, not only for the touches to his personality or heritage, but also for acts that, although considered as injuries caused to some rights individual members, results from laws, regulations collective agreements or otherwise, are nevertheless in connection with the exercise of the profession and the interests of the members ' collective; b) It has the exclusive right to designate representatives, those of its members, in the Chambers of work, Insurance Houses and offices, delegations, advisory or deliberative commissions, jurisdictional courts, as well as in any other public institutions or private, in which the professional interests must be represented; c) It has the exclusive right to conclude collective agreements; d) designate delegates in the commission of conciliation or arbitration in times and what collective labor conflict arising in its territorial constituency, in one or more enterprises of the professional category to which it belongs, provided that the a half of the number or employees of the undertaking or undertakings concerned; e) It has the exclusive right to exercise, on behalf of and for the benefit of its members, individually or collectively, the actions arising from the Collective Labour Convention or from an individual employment contract; f) It has the right to designate delegates who can accompany the inspection bodies of the Ministry of Labor on the occasion of labor inspections, for all the application of laws and regulations of protection or organization of labor, conventions collective or workshop regulations, but only in cases when the employers ' delegates take part in these inspections. In the case, however, when the owners ' delegates do not take part, the inspection will be possible only in the assistance of the employees. The duties of points d and e belong only to salaried guilds. g) It has the right that, alone, in collaboration with other guilds, professional rooms or with the Ministry of Labor, to establish institutions of guidance, training, professional improvement and protection of national work. + Article 12 The guild that enjoys legal personality, can also, if authorized by statutes and under the express condition of not sharing benefits to members: a) To buy to resell, rent or lend to its members or what object necessary to the profession exercise as: raw materials, machines, tools and tools, etc.; b) To receive in the warehouse the products of the labor of its members, to sell or to facilitate the sale of these products by expeditions, notices, publications, by groups of expeditions and orders, as well as by any other means, without however being able to operate such sales on behalf of or on its responsibility; c) To create and guide economic institutions in the interest of its members, such as the cooperative society of production or consumption, or social institutions, such as mutual aid houses, institutions that will have a separate accounting; d) To edit and print publications for the cultural and technical development of members and to defend professional interests. + Article 13 The guild that enjoys legal personality may acquire, in the conditions provided in art. 12, any kind of movable or immovable wealth, either with the free or onerous title. + Article 14 The mobiles and buildings acquired by a guild in the conditions fixed by this law, will not be traceable for any cause, with the exception but of the pre-existing privileged and mortgage debts, as well as the assets to the tax, whether those mobile or Buildings are necessary for meetings of guild members, library or training courses. + Chapter 4 About the + Article 15 The statutes of the guilds will have to contain obligingly: 1. Name and purpose of guild. 2. The main office and possibly the seat of the sections. 3. The original patrimony, the amount and its composition, as well as the dues. 4. The declaration of compliance with the Constitution and laws of the country, the express renunciation of any form of internal or external activity contrary to the interests of the 5. Recognition that guilds constitute an active cooperation factor with all other factors of the national economy. 6. The modalities and conditions of admission of members, their rights and duties, the cases and the exclusion procedure. 7. Name for the establishment of the sections, their operation and their contribution to the expenses of the guild, a contribution that in no case will exceed 70% of the amount of the contributions collected by each section. 8. The way of designating the management and control bodies and their duties, as well as the rules by which the members ' aid will be granted + Chapter 5 About the governing bodies + Article 16 The management bodies of the guild are: a) General Assembly; b) Steering Committee. + Article 17 The general assembly is the supreme body of the guild. It consists of the totality of the current members with the payment of the levy. + Article 18 The General Assembly shall convene: a) In cases fixed by statutes; b) When 1/5 of the number of rightful members will ask for it in writing with the defense of the purposes. + Article 19 The convocation is made by the guild president, or in absentia, or hindering, by the vice president, at the main office or at the headquarters of the action When those responsible for calling or substituting them no longer have the quality, they are absent or prevented from convening, as well as if, although having the quality, they refuse to convene, if the statutes and the articles of association do not provide for the situation, the first-president or president of the tribunal, in the constituency of which the Ministry of Labor to make the convocation, to preside over the general assembly and to find the decisions taken by a + Article 20 The general assembly can only take on the issues that are subject to the convocation and strictly following the principles of this law. I am void any deliberations on matters other than those for which the convocation was made. + Article 21 The general meeting is valid when half plus one of the members of the members referred to in art. 17. The decisions shall be taken by a majority of the votes of the members If the first convocation of the general meeting does not meet the number provided for in paragraph I, it shall be postponed by law the following day at the same time, when it will be held with any number of members, and no other convocation shall be required. + Article 22 The General Assembly shall have in its competence all acts which are not reserved by the statutes of the steering and control committee. In particular, however, the following attributions remain: a) Establishment of the benefits and contributions to which the members will be subject; b) Admission and exclusion of guild members; c) Choosing the steering committee and the control committee and fixing their duties; d) Verification and approval of the balance sheet and management account; e) The discharge of the steering committee; f) Creating new sections; g) Acquiring of movable or immovable property, with free or onerous title; h) Change of statutes; i) Affiliate to the Union; j) Fusion with other guild; k) Liquidation or dissolution of guild. The decisions of the general assembly, on the issues under the letters: g, h, j and k, in order to be enforceable, are subject to the prior approval of the Ministry of Labor, which will take the opinion of the labor committee for this purpose: + Article 23 The steering committee chosen by the general assembly shall be composed of at least 7 persons, members of the guild; The Committee represents the guild in justice, the authorities and the third parties. The Committee may delegate one or more members of its bosom for that purpose. + Article 24 The members of the steering committee must be of Romanian nationality, have a fulfilled age of 30 years, practice or have actually practiced at length entering the professional category to which the guild belongs, for at least 3 years. They must rejoice in the fullness of civil and political rights and not have suffered any criminal conviction or for one of the following facts: abuse of trust, embezzlement of public money, racketeering, forgery, theft, concealment, bribery, Smuggling, coin placement or seals and evading from seizure. + Article 25 The committee will choose from its bosom a president, a vice president, a secretary and a cashier. + Chapter 6 Surveillance + Article 26 The committee of censors will consist of 3-5 members, of which one will have to be an accounting expert or authorized accountant, chosen from the list of the Corps of authorized accountants of that time. + Article 27 The Ministry of Labour has a general and personal and permanent right of supervision and control over the activity of the guilds. This control aims, on the one hand, for the guilds to function and to administer according to the Constitution, laws and statutes, and on the other hand, that they do not work against the good morals, public order and the safety of the State. This control will be exercised through the ministry's bodies, which will be able to participate in the meetings of the steering committee and general meetings. + Chapter 7 Relations between the guild and members and between the guild and third parties + Article 28 Relations between the guild and its members are determined by the statute. + Article 29 May be members of the guild individuals of Romanian or foreign citizenship, who exercise that profession, who have been at least 18 years old. There will also be members and those who want to be deprived of work, but who actually exercised that profession, at least a year before entering the guild. The admission and exclusion of members will be determined in urgent cases by the steering committee, subject to ratification by the first general assembly to follow. + Article 30 The members or when they have the right to withdraw from a guild, without showing the reason, provided that they communicate their decision to the Steering Committee at least 6 months before the end of the social year. The member who retires from a guild can preserve all his rights that he has acquired in enterprises of an economic or social nature, created by the guild and to which he contributed by contribution or otherwise. Members who withdraw or who are excluded, have no right to social wealth. They remain obliged to pay the dues all the time they were in the guild. + Article 31 The exclusion of a member shall be reasoned by the general assembly and the member concerned shall be heard. The excluded one has the right of appeal to the guild headquarters court, within five days free from the date of communication of exclusion. The member excluded, for any cause, ceases to be part of the economic or social enterprises of the guild. + Article 32 The guild responds to the damage caused to third parties, either by a legal representative or by a special trustee, by the exercise of its legal or statutory attributions. + Chapter 8 Disolation of guild + Article 33 The guild loses its legal personality: a) By withdrawing recognition; b) By decision of the general meeting; c) Full law, in cases determined by this law. + Article 34 In cases when it would be found that a guild is operating against the Constitution and laws of the country, against the statutes, the Council of Ministers, following the report of the Ministry of Labor, drawn up on the basis of the opinion of the Labor Committee, will decide to withdraw the recognition of the legal personality of the respective guild, while having its patrimonial liquidation. This withdrawal as well as the liquidation decision is made by royal decree, on the basis of the journal of the Council of Ministers. + Article 35 The guild loses its legal personality by the decision of the general assembly. For this it is necessary to obtain a majority of at least 2/3 of the total number of members present and absent. + Article 36 The guild loses its rightful legal personality; a) When the guild's purpose can no longer be realized; b) When due to insolvency it can no longer be constituted in accordance with the statutes; d) When the number of members will be decreased below the limit set by this law. + Article 37 In all cases of dissolution, the Ministry of Labor, for the guilds based in the capital of the country, the resident of the county for those who are based in the capital of that county will appoint the liquidator. After the liquidation of the social liability the distribution of the net asset will be made by royal decree, assigning to the Union of which the guild is part dissolved, or in the absence of it to a guild in the same professional category, based in another country of the country. + Chapter 9 Unions + Article 38 Two or more guilds, who have been recognized the legal personality under the present law, can group each other by categories of professions, in the Unions. + Article 39 Unions will acquire the legal personality conforming to the provisions of art. 7, para. II and III and art. 8 8 of this law. + Article 40 All the provisions relative to the recognition of the legal personality of the guilds, contained in Articles 9, 10 and 15, as well as the provisions relative to the dissolution of the guilds, contained in art. 32-37, are applicable to the Unions, with the following changes: a) Only one Union per country for each category of profession or related professions may be recognised; b) Unions will be based in the country's capital; c) The Statutes of the Unions must include the rules after which the guilds will be represented in the Steering Committees and the General Assemblies, as well as the conditions under which accession is made; d) Apart from the statutes The Union in constitution will present the list of guilds that have acceded to it, with copy of the Act of Accession and the statutes of each adherent guild, annexing for each Official Gazette in which the royal decree of recognition of legal personality + Article 41 Unions enjoying legal personality are entitled to: a) To stand in justice for the touches to their personality or heritage; b) To designate delegates and technical advisers, at the request of the Ministry of Labour, to international conferences and congresses, as well as to any other international events; c) designate representatives, elected from among the members of its committee, or of the members of the guilds representing, in the Council of the Central House of Social Security, in the Economic Higher Council, the Union of Labour Chambers and in any other committees, at the request of the Ministry of Labour, or d) To edit and print publications for the cultural and technical development of members and to defend professional interests. + Chapter 10 Penalties + Article 42 The leaders or the special trustee of a guild, or a Union, who have ironed one of the prohibitive provisions of the present law, as well as those who have disingenuously made the shows required by art. 8 namely, those regarding the content of the statutes, the quality, the citizenship of the persons responsible for driving and managing the guild. They will be punished with the same punishment those who will not comply with the obligation, to ask for the registration and publication of the documents provided in art. 52 in the guild and union registry. + Article 43 Anyone who will prove that, through violence, threats, refusal of receipt in work or dismissals, gifts or promises, has brought an injury to the exercise of the right of free professional association, for the purposes and limits provided by this law, preventing or obliging one or more persons to belong or to exit a guild, will be punished with a fine of 5,000-20,000 lei, and with imprisonment from 15 days to 3 months, or with one of these, without the damage of the right of damages that the injured person is entitled to advertise. + Article 44 The fines in this law have a criminal character and rule in favor of the "Labor Fund", with the application of art. 54 of the criminal code in case of insolvency. + Article 45 The leaders of the guild or the Unions, who have suffered a conviction on the basis of this law, will lose the right to operate in this capacity and to be charged with the management and administration of any guild or Unions. + Article 46 All crimes under this law will be judged by the Tribunal of the guild headquarters for those concerning the guild, at the Ilfov Court for those concerning the Unions. + Article 47 The finding of crimes will be done through judicial police agencies, as well as through the bodies of the Ministry of Labor, empowered specifically, which can directly refer the matter to the court. + Article 48 Execution of sentences handed down on the basis of art. 42 and 43 of this law will be able to be suspended by the court for those convicted for the first time, within one year from the date of their final stay. The suspension will pass into the sentence, being left to the tribunal's assessment Those fallen in relapse do not benefit from this suspension and if the relapse occurs during the same year, the convict executes both sentences handed down against him. + Chapter 11 Article 1 + Article 49 The Ministry of Labour-Labour Department-will prepare within one month from the publication of this law, the picture of categories, of professions across the country. + Article 50 All requests and procedural documents to make a guild or union, before the Ministry, the authorities and courts, for the acquisition of legal personality, as well as any act of patrimonial nature, shall be exempt from any stamp duty and registration. + Article 51 For the preservation of legal personality the unions, groups, federations and trade unions of workers, private and crafty officials, existing at the date of this law, by virtue of the law on professional unions of 26 May 1921, modified by the law of legal entities of February 6, 1924 and the law on modification of certain provisions of the law of legal entities of April 29, 1927, or by virtue of special laws, are obliged, as within 2 months from this date to comply with the present law, in which the purpose will be addressed to the Ministry of Labour in order to confirm their legal personality. They are not subject to this bond the meetings of Romanian craftsmen from Transylvania and their Central Cluj, respecting all the rights they hold on the basis of their organic laws, with the exception of the rights provided in art. 11, al. a, e, d, and e of this law. The unions, the groups, the federations, the professional unions whose request will be rejected, will continue to suppress as associations in fact, we can still use the name of unions, groups, federations, or professional trade union. The leaders of these associations will bear the personal and boundless personal liability to third parties for all acts and deeds made on behalf of the associates. + Article 52 A register called the "register of guilds and unions" is established at the Ministry of Labour, in which all the guilds and professional unions of workers, private and craftsmen officials, who have been recognized their personality, shall be entered. legal, according to the provisions of this law. Also in this register will pass the contents of the constitutive act and the statute, all acts on social life of guilds and unions, any relative change to composition, attributions, appointment and replacement of steering, control bodies and liquidation. The president of the guild or the union, shall be obliged to make declarations of enrolment of the above acts, attaching the supporting documents no later than 15 days from the date when the act was produced the mention of which shall be required. All documents subject to registration will be published in the Official Gazette. Any act subject to registration and not enrolled or not published in the Official Gazette, will not be opposable to third parties. Such act remains opposable to third parties if it is found that they knew him in another way. + Article 53 The regulation will determine in detail how to apply this law. + Article 54 Any other legal provisions contrary to this law are also repealed. President of the Council of Ministers, Miron, Patriarch of Romania CAROL Justice Minister, Victor Iamandi Labour Minister, Mihai Ralea ---------