Law No. of 11 October 1938 3,499 for the recognition and operation of guilds of workers, artisans and officials ISSUING private published in PARLIAMENT OFFICIAL GAZETTE nr. 237 of 12 October 1938 to CHARLES II By the grace of God and the will of the King of Romania's national team, all of the face and future health;
On the report of the President of the Council of Ministers of Our Ministers and Secretaries of State in Our Departments of labor and Justice No. 992/938;
Seeing the opinion of the Legislative Council No. 160/938;
Seeing the journal the Council of Ministers No. 2.519/938;
Pursuant to article 1. 98 from Constitutiune, I decreed and decretam: Chapter 1 establishment and purpose article 1 guilds Guilds have as their object the study, defence and development of professional interests, without trace but handing out benefits.
Professional interests are limited by their nature to himself, those of industrial, commercial, agricultural, economic, cultural and social.
The guilds only carries the national plan, with due regard for the interests of the nation. They will not be able to be affiliated to international organizaţiunilor or to be represented at manifestatiuni or international congresses, without express authorization of the Ministry of labour.
Article 2 recognizes the following categories of natural persons exercising the same profession, similar or related professions professions, right to form guilds in the rigid conditions provided for in this law;
b) private Servants;
No one may be compelled to belong to is not part or to cease to be part of a Guild, the cons of his will.
Article 3 this right extends to all workers and employees of the State, counties, municipalities, and other autonomous public corporations, public service or public utility.
Chapter 2 About recognizing legal personalities Article 4 recognition of the legal personality of the craft shall be made by means of a Royal Decree given following a proposal from the Ministry of labour on the basis of the opinion of the Committee.
Article 5 Guilds are not uniform.
Cannot constitute guilds.
Article 6 territorial Constituency of each Guild, recognised in accordance with this law, is holding.
Cannot recognize legal personality than a single guilds for each category of occupations in the same.
The Guild may have but more important centers in sections from being held.
These sections will be able to exercise its rights of representation and, in General, all other rights conferred under this law, the date's Guild delegation.
Article 7 in order to acquire legal personality, the Guild must fulfil the following conditions;
the Guilds of employees) will have to contain, through voluntary membership, at least 1/10 of employees busy in constituency within the respective profession;
b) of artisans Guilds will have to contain, through voluntary membership, at least 1/10 of the total partnership of the same class of occupation in Vienna, in no case shall the number of founding members of guilds of workers, artisans, officials or individuals will not be able to be under 30.
If in that constituency does not exist for a particular category of professions, sufficient number required by law for the establishment of a national, persons belonging to that category, they will be able to join a Guild, which presents the greatest analogy with that profession. They will be able to set up a separate subject in all respects to the Guild's authority. In this case, the title will add Guild to, the expression "related professions".
(Ii) in addition to defending the interests of professional guilds deals to pursue professional education, moral and patriotic and its members.
III. The leaders of the guilds will have to be Romanian citizens, enjoying civil and political rights wholeness, whose worthiness, ability and national sentiments constitute a chezasie for the guidance and promotion activity of the craft.
Article 8 the rulers or an authorized representative of the founding members, referred to in the articles of incorporation, you must notify the Ministry of labour demand for the recognition of legal personality.
At your request we will annex: a) original and two certified copies, after the minutes of Constitution and after the statute;
b persons nominal) Dashboard that makes up the governing body, with for each nationality, domicile, profession;
c) nominal Dashboard founding members of the Guild, with address, profession and their citizenship.
The one or those who make application for the recognition of legal personality responsible for the sincerity of contents of activity, under the sanction provided for in art. 42. Article 9 of the Labour Ministry receiving the request, it will send the Labor Committee to deliver an opinion.
Labor Committee will carry out the necessary checks, and can invite for explanations or additional information to the acts on the founding members, or their representative, and may seek the opinion of other ministries, professional cameras, their Unions or other authorities.
Labor Committee will be able to ask for amendment of the articles of Association statutes when they are not under the law. The Committee shall deliver its opinion not only on the fulfilment of the law of condiţiunilor required front, but also on the advisability and usefulness of legal personality recognition of the craft in formation for heritage issues political, economic or social.
Article 10 of Royal Decree acknowledging legal craft, will be published by the Ministry of labour in the Gazette together with the articles of incorporation and bylaws.
Chapter 3 about the effects of the recognition of the legal personality Article 11 Guild who enjoy legal personality: a) Has the exclusive right to sue in court, either as main part, either as a party hereto, not only for being harmed or personality or heritage, but also for acts which, though injuries are considered as individual rights of its members as a result of laws convenţiuni regulations, collective or otherwise, are connected with the exercise of that profession and with the interests of community members;
b) Has the exclusive right to designate representatives, those of its members in the work Rooms, homes and offices, delegatiuni, comisiuni, consultative or deliberative judicial courts, as well as in any other public or private instituţiuni, where professional interests should be represented;
c) Has the exclusive right to conclude collective agreements;
d) Will designate delegates in comisiunile of conciliatiune or arbitrage times and what collective labour conflict appeared in his constituency, in one or more enterprises in the Professional category to which they belong, provided that at least half of the number or to be employees of the undertaking or undertakings concerned;
e) Has the exclusive right to exercise, in the name and on behalf of its members, individually or collectively, actions born from the collective Convention or from an individual contract of employment;
f) has the right to nominate delegates to accompany the inspection bodies of the Ministry of labour on the occasion of labour inspections, for all that concerns the application of the laws and regulations of the protectiune or organisation of work, collective agreements or regulations workshop, but only in cases when taking part in these inspections and employers ' delegates. If, however, when employers ' delegates do not take part, the inspection will be done only in salaried delegates.
Tasks of the points d and e dela belong to guilds only employees.
g) is entitled, only in conjunction with other guilds, professional cameras or with the Ministry of labour, to establish institutions of guidance, training, professional development and protection of the national labour.
Article 12 Guild who enjoy legal personality may also, if it is authorized by statute and under the express condition to not share the benefits of Its members): buy to resell, hire out or lend its members and what object it necessary exercise the profession as: raw materials, machinery, instruments and tools, etc.;
b) is to receive in deposit the products of labor of its members, to sell or to ease the sale of these products through shipment, ads, publicaţiuni, through groups of shipments and orders, as well as by any other means, without however to be able to operate these sales on behalf of the times he is responsible;
c) to create and to guide the instituţiuni in the economic interests of its members, as well as co-operatives or society of consummation, or instituţiuni of a social nature, such as mutual aid houses, instituţiuni will have a separate accounts;
d) to edit and print publicaţiuni for cultural development and technique of the members and to defend professional interests.
Article 13 the Guild who enjoy legal personality may acquire, generally referred to in art. 12, any furniture or fortune Realty, with either free or onerous title.
Article 14 Furniture and buildings acquired a Guild in terms of this law generally, will not be pursued for no cause, with the exemption of debts, however, privileged and mortgage, as well as the properties of the fisc, whether movable or immovable Guild members are required for meetings, training courses or library.
Chapter 4 About statutes Article 15
The Statute should include guilds in obligatory: 1. the name and purpose of the Guild.
2. Main Office and possibly the seat sections.
3. the amount of starting capital, and his composition, and cotizatiunile.
4. Statement of compliance with the Constitution and laws of the country, Express renunciation of any form of internal or external activity contrary to the interests of the State.
5. Recognizing that the guilds as a active cooperation with all the other factors of the national economy.
6. The modalities and conditions for the admission of members, their rights and duties, the cases and the procedure for the exclusion.
7. Name for their establishment, operation of sections and their contribution to the Guild's expenditures, contribution which in no case shall not exceed 70% of the amount of contributions paid by each section.
8. The mode of appointment of the governing bodies and their powers, and control and the rules after that will be granted aid of members.
Chapter 5 About article 16 governing bodies governing bodies of the Guild are: a) General Assembly;
b) Steering Committee.
Article 17 the General Assembly is the supreme body of the craft. It is composed of all members up to date with the payment of the subscription fee.
Article 18 the General Assembly shall be convened in cases where: (a)) set by statute;
b) when 1/5 of the number of members will request this in writing with the goals.
Article 19 Convocation is made by the President of the Guild, or failing, or foreclosure, Vice President, at the main office or the premises of the action.
When those charged with convening or their substitutes may not have quality, are absent or impeded to summon, and where, though given the quality, refuse to convene, if the bylaws and articles of incorporation do not provide for the situation, first President of the President of the Tribunal or, in whose constituency the Labour Ministry to make the convocation of the general meeting, to preside and noted the decisions taken by means of a written report.
Article 20 general meeting cannot resolve than over matters which are the subject of the call and respecting strictly the principles of this law.
Are void of any discussions on issues other than those for which the summons was made.
Article 21 the general meeting is validly constituted when are present or represented by half plus one of the total of the members referred to in article 1. 17. Decisions shall be taken by a majority of votes of the members present and represented.
If the first meeting of the General Assembly shall meet not required by paragraph number I, she is postponing law school on the following day at the same time, when will you with any number of members, we needed no other convening.
Article 22 General Assembly has in its competinţa all acts that are reserved by statute the Committee of direction and control.
In particular, but the General Assembly remain the following debt collection: a) the establishment of benefits and of contributions to which they will be subjected to the members;
b) admission and exclusion of members of the Guild;
(c) election of the Steering Committee) and the Commission of their duties and control;
d verification and approval of the balance sheet) and account management;
e) discharge to the Committee of direction;
f) creating new sections;
g) acquisition of movable and immovable property, with the title free of charge or in return for payment;
h) Amendment of the memorandum;
I) membership of the Union;
j) merger with another Guild;
k) the liquidation or dissolution of the craft.
Deciziunile the General Assembly, on the questions under subparagraphs: g, h, j and k, in order to be enforceable, are subject to the approval of the Ministry of labour prealabilei, which will take you to that end the Committee: Article 23 Steering Committee elected by the General Assembly, is composed of at least 7 people, members of the Guild;
The Committee represents the Guild in Justice against authority and against third parties.
The Committee may delegate to one or more members of the breast or the purpose.
Article 24 members of the Steering Committee must be of Romanian nationality, have completed 30 years of age, to practice or have practiced effectively do delving into the Professional category to which it belongs, at least 3 years. They must be joy of wholeness civil and political rights and has not undergone any criminal conviction or for one of the following facts: the abuse of confidence, embezzlement of public funds, fraud, forgery, theft, tainuire, bribery, smuggling, figment of the currency or seals and evading under seizure.
Article 25 the Committee shall elect a Chairman from the breast, or a Vice President, a Secretary and a cashier.
Chapter 6 Article 26 Surveillance censori Committee will consist of 3-5 members, one of whom will need to be chartered accountant or accountant, chosen from the list of Certified Accountants Body from that time.
Article 27 the Ministry of labour has a general and personal and permanent supervision and control over the activity of the guilds.
This control has a purpose on the one hand, as his work and guilds to be administered according to the Constitution, law and statute, and on the other hand, that they do not work against morality, public order and the safety of the State.
This control will be exercised by bodies of the Ministry, which will be able to participate in the meetings of the Steering Committee and the general assemblies.
Chapter 7 the ratios between the Guild and Guild members and third parties, and of Article 28 relationship between the Guild and its members are determined by statute.
Article 29 members of the Guild can be individuals of Romanian or foreign citizenship, who practises, who was at least 18 years old.
They can also be members and those who are deprived of fleeting thing, but which effectively exercised the profession, at least one year prior to entry into the Guild.
The admission and exclusion of members will be decided in an emergency Steering Committee, subject to ratification by the first general meeting which will follow.
Article 30 any time Members have the right to withdraw from a Guild without the appearing reason provided to communicate their decision to the Steering Committee at least six months before the end of the year.
The Member who withdraws from a Guild can preserve all rights which it has in economic or social nature, created by the Guild and to which he has contributed through the contribution or otherwise.
Members who retire or who are excluded, they have no interest in the property. They remain obliged to pay contributions on the whole time they've been in the Guild.
Article 31 a member's Exclusion rule driven by the General Assembly, is a member of the listening and interested. At the right of appeal excluded the Court Guild headquarters, within five working days after notification from the way of exclusion.
Member, for any reason, cease to be part of enterprises with economic or social character of the craft.
Article 32 the Guild is responsible for damage caused to third persons, or by a legal representative, or by a special representative, through the exercise of its legal or statutory atributiunilor.
Chapter 8-33 Disolvarea Guild Guild Article loses its legal personality: a) by withdrawing recognition;
(b)) to the General Assembly through the managerial decision;
c) of, in cases determined by this law.
Article 34 when it would conclude that a Guild operates against Constitutiunii and the laws of the country, against the Statute, the Council of Ministers, the Ministry of labour as a result of the report, drawn up on the basis of the opinion of the Committee on Labor, you might decide to withdraw recognition of the legal personality of the craft in question, at the same time the liquidation of its assets.
This withdrawal as well as the decision of liquidation is made by Royal Decree, on the basis of log-the Council of Ministers.
Article 35 Guild loses its legal personality through managerial decision of the General Assembly. For this it is necessary to obtain a majority of at least 2/3 of the total number of the members present and absent.
Article 36 Guild loses its legal personality;
the purpose of the Guild) when no more can be done;
b) when due to insolvency can no longer be accounted for in accordance with the bylaws;
(d) the number of members) when will have fallen below the limit set by this law.
Article 37 in all cases of dissolution, Ministry of labour, for the guilds based in the capital of the country, the achievements of those resident who have their headquarters in the capital city of Novorossiysk will appoint liquidator respectively.
After the liquidation of social liabilities net asset allocation will be made by Royal Decree, assigning it the Union Guild dissolved, or failing that of a national in the same professional category, with headquarters in another country held.
Chapter 9 Union Article 38 or more guilds, which have recognized the legal personality pursuant to this law, you can group between them according to categories of professions, in Unions.
Article 39 Unions will acquire legal personality complying with the dispoziţiunilor art. 7, paragraph 1. II and III and article. 8 of this law.
Article 40 all provisions relating to the recognition of the legal personality of the guilds, contained in articles 9, 10 and 15, as well as the provisions relating to the dissolution of the guilds, contained in art. 32-37, are applicable with the following Unions changes:
He cannot recognize) than one Union per country for each category of profession or related professions;
b) Unions will have its headquarters in the capital of the country;
c) Unions Statutes must include rules that guilds will be represented in the Steering Committees and general assemblies, as well as the conditions under which membership is made;
d) apart from the statute in Union Constitution will submit a list of guilds that have acceded to it, with copy of the Act of accession and status of each adherent, enclosing guilds for each official Gazette in which it has been published the Royal Decree recognizing legal personality.
Article 41 Unions enjoy legal personality are entitled: to sit in court) for infringements of personality or their assets;
b) To designate the delegates and technical advisors, at the request of the Ministry of labour, at international conferences and congresses, and to any other international manifestatiuni;
c) To designate the representatives elected from among the members of the Committee, or of the members of the guilds that represent, in the Council House of social insurance, the superior Council of Chambers, economic Union work and in any other comisiuni at the request of the Ministry of labour, or other authorities;
d) to edit and print publicaţiuni for cultural development and technique of the members and to defend professional interests.
Chapter 10 Penalties in article 42 shall be punished with fine which from 1,000-10,000 heads of Lions or the trustee of a national, or a Union, who stepped one of the prohibitive provisions of law on the face, as well as those who have been in the way required by article 92 dishonest arătările. 8, namely, those concerning the contents of the memorandum, the quality, the citizenship of the persons charged with the management and administration of the Guild.
Will punish the same punishment those who won't comply its obligation, to request the recordal and publication of the acts referred to in article 1. guilds and registry in 52 Unions.
Article 43 Anyone will prove that, through violence, threats, denial of receipt or dismissal, gifts or promises, an injury which brought the exercise of the right to freedom of Association, for the purposes and within the limits laid down by this law, preventing or forcing one or more persons to do or to exit a Guild, shall be punished with a fine between 5,000-20,000 lei dela , and by imprisonment from 15 days to 3 months, or one of them, without injury to a right to damages which the injured person is entitled to it.
Article 44 of this law Fines have a criminal character and rule in favor of "Labour Fund", with the application of art. 54 of the penal code in cases of insolvency.
Article 45 Guild Leaders or Unions, which have suffered a conviction on the basis of this law, shall lose any right to operate in and may be charged with the management and administration of any guilds or Unions.
Article 46 the this law all offences shall be judge of the Court of first instance for the Guild headquarters concerning the Ilfov Tribunal Guild for those concerning Unions.
Article 47 the finding of infringements will be done by agents of the judicial police and the law enforcement agencies, the Ministry of labour, which could then specifically empowered to intervene directly to court.
Article 48 the enforcement of punishments handed down under article. 42 and 43 of this law will be able to suspend Court for those sentenced for the first time, for a period of one year after the date of final end from coming into legal force. The suspension will go into the sentence, being left to the discretion of the Court.
Fallen ones in relapse do not benefit from this suspension and if relapse occurs during the same year, the convict executed both punishments handed down against him.
Chapter transitorii Provisions Article 11 49 Ministry of labour-the Labour Directorate-will prepare, within one month from the publication of this law, the categories of professions throughout the country.
Article 50 all applications and documents the procedure to make a Guild or Union, in front of the Ministry, the authorities and courts of law, for the acquisition of legal personality, as well as any act of nature heritage, are exempt from any stamp duty and registration.
Article 51 for the retention of legal personality, associations and labour groups, professional federations of employees, private officials and artisans, existing at the date of this law, by virtue of the law on the professional unions of 26 May 1921, as amended by law to legal persons from 6 February 1924 and the law on the modification of legal persons dispoziţiuni of the law of 29 April 1927 or under special laws , are obliged, within 2 months from the way that date shall comply with this Act, in which the goal will address a request to the Ministry of Labour in order to confirm their legal personality.
The bonds are not subject to this meetings of Romanians in Transylvania artisans and their Central in Cluj, while respecting all rights which they hold in their organic laws with rights referred to in article excepţiunea. 11, al. a, e, d, and e of this law.
Unions, employers ' federations, trade unions, groups of professional whose application will be rejected, will continue to susiste as asociaţiuni in fact, and may use the designation of groups, unions, federations, professional or trade union.
The rulers of these asociaţiuni will bear personal liability jointly and severally and unbounded against third parties for all acts and deeds done in the name of members.
Article 52 shall be established at the Ministry of Labor a register called "register of guilds and unions", which will enroll all guilds and professional unions, private workers and artisans, clerks who were recognized legal personality in accordance with the provisions of this law.
This registry will move the contents of the articles of incorporation and bylaws, all acts relating to the social life of guilds and unions, any changes related to the composition, appointment and replacement of the atribuţiunile, organs of direction, control and liquidation.
The President of the Guild or Union, is obliged to make statements of enrolment documents above, enclosing supporting documents no later than 15 days following the date when dela produced Act whose presence is required.
All acts subject to registration shall be published in the Official Gazette.
Any act that is subject to enrollment and neînscris or not yet published in the Official Gazette, shall not be enforceable against third parties. Act is still enforceable against third parties if it is established that they knew him another way.
Article 53 Through regulation will determine in detail the mode of application of this law.
Article 54 Any other legal dispoziţiuni of the present law are opposites and remain repealed.
The President of the Council of Ministers, the Orthodox Patriarch of Romania Miron, CHARLES Minister of Justice, Labour Minister Victor Iah Mihai Ralea — — — — — — — — —