Law No. October 17 1938 3,594 Modification Of The Law On Contracts Of Employment

Original Language Title:  LEGE nr. 3.594 din 17 octombrie 1938 pentru modificarea legii asupra contractelor de muncă

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Law No. October 17 1938 3,594 modification of the law on contracts for work published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 243 of 19 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: President of the Council on the report of our Ministers and Our Ministers Secretaries of State at the departments of labor and Justice No. 84,546 in 1938;
Seeing the journal the Council of Ministers No. 2,500 in 1938;
Seeing the opinion of the Legislative Council No. 150 in 1938, pursuant to art. 98 from Constitutiune, I decreed and decretam: Dispoziţiunile art. 49, 78 and 89 of Act No. 36 of 1929, on contracts of employment, changes such as follows: Art. 49. The employer is no longer obliged-to grant the employee annual leave after the rules: the Employee with an enterprise of 1-3 years will receive a leave of 7 days.
With a length of 3-5 years of a 10-day vacation.
With a length of 5-10 years of a 14-day leave.
More than this, for each year in addition, leave will be increased by one day, he cannot overcome however by no means 30 days.
Fixed the above holidays will not be reduced or suppressed by agreement of the parties.
These periods of sick leave are considered to be minimal.
Leave will be granted for industrial or commercial businesses that use at least 10 employees, series, in such a way that the normal operation of the enterprise not to suffer.
Throughout the leave, the employee will receive compensation equal to the average salary received on the last three months, with all accessories related to days of leave.
The employer is obliged to pay his employees rest leave provided for in this article, regardless of the system of remuneration agreed (per unit of time, in relation to the work, the quality or quantity of work) by undertaking counts the time the employee has served in the same undertaking, even if the contract would be terminated for one of the causes shown. 74, para. a), b) and (c)).
Art. 78.-contract of employment with indefinite duration may be terminated by the will of any of the parties the duty to prevent the other from the date of termination of contractual obligations.
This notice will be made at least 14 days before the date fixed for the termination of the contractual obligations, except only if the employee has a length of service of at least 10 years, when denunciation shall be made at least 30 days in advance. When the law is exempt from the face otherwise.
The part that makes use of the right of denunciation provided for in the preceding paragraphs shall be obliged to make known to the other party in writing of the reason for termination.
The abuse committed in the exercise of the right of termination of the contract of employment for entitlement to damages of the allowance provided for in article 10. 82. it counts as abuse and denunciation made without showing reasons.
Art. 89. Dispoziţiunile-contained in art. 49 and 50 shall apply to employees under this chapter, with the following distinctiunea: Vacations will vary as well as follows: Employees with seniority in a company 1-3 years will benefit from a 10-day vacation.
With a length of 3-5 years will benefit from a leave of 14 days.
With a length of 5-10 years will receive a 21-day vacation.
For each year, in addition to the leave will increase one day, without exceeding in the aggregate 30 days.
These periods of leave are counted as minimal.
Given in Sinaia at Octomvrie 17, 1938.
Council of Ministers President CAROL, Patriarch of Romania Miron, Labour Minister M R a Justice Minister Victor Iah STATEMENT of REASONS in relation to the article. 78 and 93 of the law on contracts of employment, published in Official Gazette No. 178 on 4 August 1938, I found the really need to complete those changes with further amendments to art. 49, 76, 78, 89 and 93 of the Act referred to above, as well as of the law of 5 April 1929.
These changes are caused by the fact that it was established during the implementation of the law on contracts of employment of 5 April 1929, be deviations from those interested in the bonds that we have either wrong interpretations of the spirit of the law; obligations which, if they were not provided for in the text of the law outright, but resulting from the intention of the legislator.
The legislature has sought through art. 49 and 89 to ensure an employee seniority based on which to uphold his rights, but there have been instances when some businesses have found the middle to remove those bonds through the simple process of firing employee for some time, such as through this breaking of the contract, the employee shall be stingeau.
Vane abnormal situations and elevated, often unfair for employees, because whenever he was fired, so many times he lost seniority over the same time served.
Therefore, the proposed amendments to article 1. 1, 2 and 3 to be made to the articles 49, 78, 89 and 93, defines categorically seniority at that employee.
The legislator understood through art. 49 and 89 to grant the employee a leave of rest, regardless of payroll system, however, it was found that by misinterpreting the law, distinctiunea was made in terms of the pay system, to ensure that the employee to obtain leave.
Thus some enterprises have understood not to grant leave with pay to employees.
By adding a new paragraph to article 4. 49, it is stated that the right to parental leave is independent of the pay system.
The legislature has provided for in art. 76 as far as to shelter on a sudden dismissal of employee, if an establishment ceases its activities through bankruptcy, through the cessation of payments, or any other causes, the employment contract shall be dissolved, and the employee is entitled to the salary and any amount due for the current month and the following month.
Through strict interpretation of this provision was the result of that employee would receive only those rights, but was losing seniority gained by that undertaking. If the new organisation was in reality a continuation of the work of the old businesses hire again on the same employee, is not recognized in the intended length of the old firm.
Therefore the proposal made in article 19. 4 to add a paragraph to article 4. 93 specifies that length of service shall mean the time served by the employee in the same enterprise, regardless of the circumstance that the provision of the service was interrupted by a temporary departure from any of the causes enumerated in art. 74, para. a, b and c and art. 76. For these reasons and in order to flesh out the intention of the legislator to ensure employee and avoid these interpretations when looking through the denunciation of the contract to cancel the seniority of the employee, or to be deprived of annual leave because of the payroll system with time or with the agreement, we've compiled by Bill alăturatul which is the same as statorniceste age of the patron is counts time served for employees regardless of any circumstance that would discontinue the provision of labour and that the employee is entitled to annual leave, whether paid by the hour, the day, in the agreement, or otherwise.
The face of the above, I have the honour to present alăturatul Bill for amending some articles of the law on the employment contract and the law on the amendment of some articles of the law on contracts of employment, published in Official Gazette No. 238 Octomvrie 11, 1932, and the law on the amendment of law No. 36 of 1929 on contracts of employment, published in Official Gazette No. 178 of 4 August 1938.
Labour Minister m. Ralea — — — — — — — —