LEGE no. 3.594 3.594 of 17 October 1938 amending the law on employment contracts
ISSUER
PARLIAMENT
Published in OFFICIAL MONITOR no. 243 243 of 19 October 1938
CAROL AL, 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 to the Departments of Labour and Justice No. 84.546 of 1938; Seeing the journal of the Council of Ministers No. 2,500 of 1938; Seeing the opinion of the Legislative Council No. 150 of 1938, Pursuant to art. 98 of the Constitution, We decreed and decreed: + Article 1 Provisions art. 49, 78 and 89 of the law No. 36 of 1929 , on employment contracts, shall be amended as follows: Article 49. -The owner is also obliged to give the employee an annual holiday after the following norms: The employee with a seniority in the enterprise of 1-3 years will benefit from a 7-day leave. With a 3-5 year old period of a 10-day leave. With an age of 5-10 years of a 14-day leave. Over this seniority, for each extra year, the leave will be increased by one day, and it cannot exceed in any case 30 days. The holidays set above will not be able to be reduced or suppressed by agreement of the parties. These leave deadlines are counted as minimal. The holidays will be granted by industrial or commercial enterprises that use at least 10 employees, per series, in such a way that the normal operation of the enterprise does not suffer. Throughout the holiday, the employee will receive an indemnity equal to the average salary collected over the last three months, with all the accessories reported on vacation days. The owner is obliged to give his employees the rest leave provided by this article, regardless of the agreed remuneration system (on the time unit, in relation to the work, quality or quantity of the work ...) By seniority in the enterprise it is considered the time the employee served in the same enterprise, even if the contract would have temporarily ceased for one of the causes shown by art. 74, para. a), b) and c). Article 78. -The individual employment contract of indefinite duration can be denounced by the will of any of the parties with the duty to prevent the other from the date of termination of the contractual obligations. This denunciation will be made at least 14 days before the date fixed for the termination of contractual obligations, outside only if the employee has a service age of at least 10 years, when the denunciation will be made at least 30 days before. Cases are exempted when the present law has otherwise. The party making use of the right of denunciation, provided for in the preceding paragraphs shall be obliged to make known in writing to the other party the reason for The abuse committed in the exercise of the right of termination of the employment contract gives the right to damages distinct from the allowance provided for in art. 82. It counts as abusive and denunciation made without such grounds. Article 89. -The provisions contained in art. 49 and 50 shall also apply to the employees under this chapter, with the following distinction: The holidays will vary as follows: Employees with a seniority in the enterprise of 1-3 years will benefit from a 10-day leave. At 3-5 years old they will benefit from a 14-day leave. With 5-10 years of age they will benefit from a 21-day leave. For each extra year, the leave will increase by one day, without exceeding a total of 30 days. These terms of leave are counted as minimal. Given in Sinaia at 17 Octomvrie 1938. CAROL President of the Council of Ministers, Miron, Patriarch of Romania Labour Minister M. Ralea Justice Minister Victor Iamandi + EXPLANATORY MEMORANDUM In connection with the amendment of art 78 and 93 of the law on employment contracts, published in the Official Gazette No. 178 of August 4, 1938, we found undefended need to complete those changes with new changes to art. 49, 76, 78, 89 and 93 of the above-mentioned law, as well as the law of April 5, 1929. These changes are determined by the fact that it was found during the application of the law on labor contracts of April 5, 1929, either deviations from those interested in the bonds they have, or wrong interpretations of the spirit law; obligations, which, if not categorically provided for in the text of the law, but resulted from the intention of the legislator The legislator sought through art. 49 and 89 to provide the employee with a seniority on the basis of which to support his rights, but there were cases when some enterprises found the means to remove those bonds by the simple procedure of firing on the employee for some time, so that by this breaking of the contract, the rights of the employee were extinguished. These were often abnormal and unjust situations for employees, because whenever he was fired, so many times he lost seniority over time served at the same enterprise. Therefore, through the proposed amendments to art. 1, 2 and 3 to be brought to Articles 49, 78, 89 and 93, is categorically defined as the seniority to which the employee is entitled. The legislator understood by art. 49 and 89 to give the employee a holiday, without distinction from the salary system, but it was found that through the wrong interpretation of the law, the distinction was made from the point of view of the salary system, so that his employee get leave. Thus some enterprises understood not to give leave to employees paid with the agreement. By adding a new paragraph to art. 49, it is stated that the right to leave is independent from the payroll system. The legislator provided in art. 76 as a measure to shelter the employee from a sudden dismissal, if an enterprise ceases its activity through bankruptcy, by termination of payments or any other causes, the employment contract is abolished and the employee is entitled to salary and any amounts due per month in progress and the following month. By the strict interpretation of this provision it came to the result that the employee received only these money rights, but he lost the age gained at that enterprise. If the new enterprise that was in reality a continuation of the activity of the old enterprise, once again employed the same employee, did not recognize the seniority of its service to the old enterprise. Therefore, through the proposal made in art. 4, to add a paragraph to art. 93, it is stated that the length of service is understood the time served by the employee in the same enterprise, regardless of the fact that the provision of the service was interrupted by temporary leaving determined by any of the causes listed in art. 74 74, paragraph a, b. and c and art. 76. For these reasons and to concretize the intention of the legislator to ensure the employee and to avoid these interpretations when seeking by denouncing the contract to cancel the age of the employee, or to be deprived of rest leave because of the pay system, by the hour or with the agreement, we have made up the next bill by which it is established that the age at the same patron is counted on the time served by the employee, regardless of any circumstance that would interrupt the provision of work and that the employee has the right to rest leave, whether paid by the hour, by day, in agreement, or otherwise. Compared to the above, I have the honor to present the adjoining bill to amend some articles of the law on the employment contract and the law to amend some articles of the law on employment contracts, published in Official Gazette No. 238 of 11 Octomvrie 1932, as well as the law for modification law no. 36 36 of 1929 on employment contracts, published in the Official Gazette No. 178 of August 4, 1938. Labour Minister, M. Ralea --------
