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Law No. 168 Of 12 November 1999 On Conflict Resolution Work

Original Language Title:  LEGE nr. 168 din 12 noiembrie 1999 privind soluţionarea conflictelor de muncă

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LEGE no. 168 168 of 12 November 1999 (* updated *) on the resolution of labour disputes ((updated on 13 May 2011 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter I Repealed ---------- Head. I was repealed by lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 1 Repealed. ---------- Article 1 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 2 Repealed. ---------- Article 2 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 3 Repealed. ---------- Article 3 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 4 Repealed. ---------- Article 4 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 5 Repealed. ---------- Article 5 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 6 Repealed. ---------- Article 6 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Chapter II Repealed ---------- Head. II was repealed by lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Section 1 Repealed ------- Sect. 1 has been repealed by lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 7 Repealed. ---------- Article 7 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 8 Repealed. ---------- Article 8 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 9 Repealed. ---------- Article 9 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 10 Repealed. ---------- Article 10 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 11 Repealed. ---------- Article 11 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Section 2 Repealed -------- The 2nd sect has been repealed by lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 12 Repealed. ---------- Article 12 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 13 Repealed. ---------- Article 13 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 14 Repealed. ---------- Article 14 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 15 Repealed. ---------- Article 15 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 16 Repealed. ---------- Article 16 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Section 3 Repealed ------- The 3rd sect has been repealed by lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 17 Repealed. ---------- Article 17 was repealed by letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 18 Repealed. ---------- Article 18 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 19 Repealed. ---------- Article 19 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 20 Repealed. ---------- Article 20 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 21 Repealed. ---------- Article 21 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 22 Repealed. ---------- Article 22 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 23 Repealed. ---------- Article 23 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 24 Repealed. ---------- Article 24 was repealed by letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 25 Repealed. ---------- Article 25 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Section 4 Mediation of conflicts of interest *) Note
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* *) Note:
Under lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011, ' Law no. 168/1999 on the settlement of labor disputes, published in the Official Gazette of Romania, Part I, no. 582 of 29 November 1999, with subsequent amendments and completions, except art. 26-39, which is repealed from the date of publication in the Official Gazette of Romania, Part I, of the joint order of the Minister of Labour, Family and Social Protection and the Minister of Justice provided for in art. 177 177 ".
Art. 177 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 of 10 May 2011 provides: " The composition and criteria for acceding in the body of mediators and the body of arbitrators of collective labor conflicts, competence, duties, as well as mediation and arbitration procedures shall be established by the mediation and arbitration, prepared by the Office of Mediation and Arbitration of Collective Labour Conflicts of the Ministry of Labour, Family and Social Protection, approved by joint order of the Minister of Labour, Family and Social Protection and of the Minister of Justice, which is published in the Official Gazette of Romania, Part I ".
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+ Article 26 If the conflict of interest has not been resolved as a result of the conciliation organized by the Ministry of Labour and Social Protection, the parties may decide, by consensus, to initiate the mediation procedure. *) Note
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* *) Note:
Under lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011, ' Law no. 168/1999 on the settlement of labor disputes, published in the Official Gazette of Romania, Part I, no. 582 of 29 November 1999, with subsequent amendments and completions, except art. 26-39, which is repealed from the date of publication in the Official Gazette of Romania, Part I, of the joint order of the Minister of Labour, Family and Social Protection and the Minister of Justice provided for in art. 177 177 ".
Art. 177 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 of 10 May 2011 provides: " The composition and criteria for acceding in the body of mediators and the body of arbitrators of collective labor conflicts, competence, duties, as well as mediation and arbitration procedures shall be established by the mediation and arbitration, prepared by the Office of Mediation and Arbitration of Collective Labour Conflicts of the Ministry of Labour, Family and Social Protection, approved by joint order of the Minister of Labour, Family and Social Protection and of the Minister of Justice, which is published in the Official Gazette of Romania, Part I ".
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+ Article 27 (. Mediators shall be chosen by common accord by the conflicting parties of interests between persons who have the status of mediator. ((2) Mediators are appointed annually by the Minister of Labour and Social Protection, with the agreement of the Economic and Social Council *) Note
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* *) Note:
Under lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011, ' Law no. 168/1999 on the settlement of labor disputes, published in the Official Gazette of Romania, Part I, no. 582 of 29 November 1999, with subsequent amendments and completions, except art. 26-39, which is repealed from the date of publication in the Official Gazette of Romania, Part I, of the joint order of the Minister of Labour, Family and Social Protection and the Minister of Justice provided for in art. 177 177 ".
Art. 177 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 of 10 May 2011 provides: " The composition and criteria for acceding in the body of mediators and the body of arbitrators of collective labor conflicts, competence, duties, as well as mediation and arbitration procedures shall be established by the mediation and arbitration, prepared by the Office of Mediation and Arbitration of Collective Labour Conflicts of the Ministry of Labour, Family and Social Protection, approved by joint order of the Minister of Labour, Family and Social Protection and of the Minister of Justice, which is published in the Official Gazette of Romania, Part I ".
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+ Article 28 (1) The procedure for the mediation of conflicts of interest shall be established by the collective agreement concluded at national level. ((2) The duration of mediation may not exceed 30 days calculated from the date on which the chosen mediator accepted the mediation of the conflict of interest. *) Note
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* *) Note:
Under lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011, ' Law no. 168/1999 on the settlement of labor disputes, published in the Official Gazette of Romania, Part I, no. 582 of 29 November 1999, with subsequent amendments and completions, except art. 26-39, which is repealed from the date of publication in the Official Gazette of Romania, Part I, of the joint order of the Minister of Labour, Family and Social Protection and the Minister of Justice provided for in art. 177 177 ".
Art. 177 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 of 10 May 2011 provides: " The composition and criteria for acceding in the body of mediators and the body of arbitrators of collective labor conflicts, competence, duties, as well as mediation and arbitration procedures shall be established by the mediation and arbitration, prepared by the Office of Mediation and Arbitration of Collective Labour Conflicts of the Ministry of Labour, Family and Social Protection, approved by joint order of the Minister of Labour, Family and Social Protection and of the Minister of Justice, which is published in the Official Gazette of Romania, Part I ".
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+ Article 29 The parties to the conflict of interest shall be required to make available to the mediator the data necessary for the performance of its mission. The mediator shall have the right to convene the parties and to request written relations with respect to the claims made. *) Note
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* *) Note:
Under lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011, ' Law no. 168/1999 on the settlement of labor disputes, published in the Official Gazette of Romania, Part I, no. 582 of 29 November 1999, with subsequent amendments and completions, except art. 26-39, which is repealed from the date of publication in the Official Gazette of Romania, Part I, of the joint order of the Minister of Labour, Family and Social Protection and the Minister of Justice provided for in art. 177 177 ".
Art. 177 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 of 10 May 2011 provides: " The composition and criteria for acceding in the body of mediators and the body of arbitrators of collective labor conflicts, competence, duties, as well as mediation and arbitration procedures shall be established by the mediation and arbitration, prepared by the Office of Mediation and Arbitration of Collective Labour Conflicts of the Ministry of Labour, Family and Social Protection, approved by joint order of the Minister of Labour, Family and Social Protection and of the Minister of Justice, which is published in the Official Gazette of Romania, Part I ".
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+ Article 30 At the end of its mission the mediator is required to draw up a report on the situation of the conflict of interest, to state his opinion on any remaining outstanding claims; the report will be transmitted to each party, as well as the Ministry of Labour and Social Protection. *) Note
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* *) Note:
Under lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011, ' Law no. 168/1999 on the settlement of labor disputes, published in the Official Gazette of Romania, Part I, no. 582 of 29 November 1999, with subsequent amendments and completions, except art. 26-39, which is repealed from the date of publication in the Official Gazette of Romania, Part I, of the joint order of the Minister of Labour, Family and Social Protection and the Minister of Justice provided for in art. 177 177 ".
Art. 177 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 of 10 May 2011 provides: " The composition and criteria for acceding in the body of mediators and the body of arbitrators of collective labor conflicts, competence, duties, as well as mediation and arbitration procedures shall be established by the mediation and arbitration, prepared by the Office of Mediation and Arbitration of Collective Labour Conflicts of the Ministry of Labour, Family and Social Protection, approved by joint order of the Minister of Labour, Family and Social Protection and of the Minister of Justice, which is published in the Official Gazette of Romania, Part I ".
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+ Article 31 (1) For the activity submitted the mediator will receive a fee, established by mutual agreement between him and the parties in conflict of interest. ((2) The fee shall be submitted by the parties to the Ministry of Labour and Social Protection at the start of the mediation procedure. *) Note
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* *) Note:
Under lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011, ' Law no. 168/1999 on the settlement of labor disputes, published in the Official Gazette of Romania, Part I, no. 582 of 29 November 1999, with subsequent amendments and completions, except art. 26-39, which is repealed from the date of publication in the Official Gazette of Romania, Part I, of the joint order of the Minister of Labour, Family and Social Protection and the Minister of Justice provided for in art. 177 177 ".
Art. 177 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 of 10 May 2011 provides: " The composition and criteria for acceding in the body of mediators and the body of arbitrators of collective labor conflicts, competence, duties, as well as mediation and arbitration procedures shall be established by the mediation and arbitration, prepared by the Office of Mediation and Arbitration of Collective Labour Conflicts of the Ministry of Labour, Family and Social Protection, approved by joint order of the Minister of Labour, Family and Social Protection and of the Minister of Justice, which is published in the Official Gazette of Romania, Part I ".
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+ Section 5-a Arbitration of conflicts of interest *) Note
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* *) Note:
Under lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011, ' Law no. 168/1999 on the settlement of labor disputes, published in the Official Gazette of Romania, Part I, no. 582 of 29 November 1999, with subsequent amendments and completions, except art. 26-39, which is repealed from the date of publication in the Official Gazette of Romania, Part I, of the joint order of the Minister of Labour, Family and Social Protection and the Minister of Justice provided for in art. 177 177 ".
Art. 177 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 of 10 May 2011 provides: " The composition and criteria for acceding in the body of mediators and the body of arbitrators of collective labor conflicts, competence, duties, as well as mediation and arbitration procedures shall be established by the mediation and arbitration, prepared by the Office of Mediation and Arbitration of Collective Labour Conflicts of the Ministry of Labour, Family and Social Protection, approved by joint order of the Minister of Labour, Family and Social Protection and of the Minister of Justice, which is published in the Official Gazette of Romania, Part I ".
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+ Article 32 (1) For the entire duration of a conflict of interest the parties in the conflict may decide by consensus that the claims made should be subject to the arbitration of a commission. (2) Decisions rendered by the arbitration panel shall be binding on the parties and shall complement the collective labour contracts. *) Note
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* *) Note:
Under lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011, ' Law no. 168/1999 on the settlement of labor disputes, published in the Official Gazette of Romania, Part I, no. 582 of 29 November 1999, with subsequent amendments and completions, except art. 26-39, which is repealed from the date of publication in the Official Gazette of Romania, Part I, of the joint order of the Minister of Labour, Family and Social Protection and the Minister of Justice provided for in art. 177 177 ".
Art. 177 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 of 10 May 2011 provides: " The composition and criteria for acceding in the body of mediators and the body of arbitrators of collective labor conflicts, competence, duties, as well as mediation and arbitration procedures shall be established by the mediation and arbitration, prepared by the Office of Mediation and Arbitration of Collective Labour Conflicts of the Ministry of Labour, Family and Social Protection, approved by joint order of the Minister of Labour, Family and Social Protection and of the Minister of Justice, which is published in the Official Gazette of Romania, Part I ".
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+ Article 33 The arbitration panel shall be composed of 3 arbitrators appointed as follows: a) a referee, by the management of the unit; b) an arbitrator, by the representative trade unions or, where appropriate, by the employees ' representatives; c) an arbitrator, by the Ministry of Labour and Social Protection. *) Note
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* *) Note:
Under lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011, ' Law no. 168/1999 on the settlement of labor disputes, published in the Official Gazette of Romania, Part I, no. 582 of 29 November 1999, with subsequent amendments and completions, except art. 26-39, which is repealed from the date of publication in the Official Gazette of Romania, Part I, of the joint order of the Minister of Labour, Family and Social Protection and the Minister of Justice provided for in art. 177 177 ".
Art. 177 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 of 10 May 2011 provides: " The composition and criteria for acceding in the body of mediators and the body of arbitrators of collective labor conflicts, competence, duties, as well as mediation and arbitration procedures shall be established by the mediation and arbitration, prepared by the Office of Mediation and Arbitration of Collective Labour Conflicts of the Ministry of Labour, Family and Social Protection, approved by joint order of the Minister of Labour, Family and Social Protection and of the Minister of Justice, which is published in the Official Gazette of Romania, Part I ".
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+ Article 34 The list of persons who can be designated arbitrators shall be established once a year, by order of the Minister of Labour and Social Protection, between specialists in the economic, technical, legal and other professions, with the agreement of the Economic Council and Social. *) Note
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* *) Note:
Under lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011, ' Law no. 168/1999 on the settlement of labor disputes, published in the Official Gazette of Romania, Part I, no. 582 of 29 November 1999, with subsequent amendments and completions, except art. 26-39, which is repealed from the date of publication in the Official Gazette of Romania, Part I, of the joint order of the Minister of Labour, Family and Social Protection and the Minister of Justice provided for in art. 177 177 ".
Art. 177 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 of 10 May 2011 provides: " The composition and criteria for acceding in the body of mediators and the body of arbitrators of collective labor conflicts, competence, duties, as well as mediation and arbitration procedures shall be established by the mediation and arbitration, prepared by the Office of Mediation and Arbitration of Collective Labour Conflicts of the Ministry of Labour, Family and Social Protection, approved by joint order of the Minister of Labour, Family and Social Protection and of the Minister of Justice, which is published in the Official Gazette of Romania, Part I ".
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+ Article 35 (1) The arbitration panel shall carry out its activity of settling the conflict of interest at the headquarters of the Ministry of Labour and Social Protection or, as the case may be, at the headquarters of the Directorate-General (2) The Ministry of Labour and Social Protection or, as the case may be, the general direction of work and social protection shall ensure the secretarial work of the arbitration panel. Note
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* *) Note:
Under lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011, ' Law no. 168/1999 on the settlement of labor disputes, published in the Official Gazette of Romania, Part I, no. 582 of 29 November 1999, with subsequent amendments and completions, except art. 26-39, which is repealed from the date of publication in the Official Gazette of Romania, Part I, of the joint order of the Minister of Labour, Family and Social Protection and the Minister of Justice provided for in art. 177 177 ".
Art. 177 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 of 10 May 2011 provides: " The composition and criteria for acceding in the body of mediators and the body of arbitrators of collective labor conflicts, competence, duties, as well as mediation and arbitration procedures shall be established by the mediation and arbitration, prepared by the Office of Mediation and Arbitration of Collective Labour Conflicts of the Ministry of Labour, Family and Social Protection, approved by joint order of the Minister of Labour, Family and Social Protection and of the Minister of Justice, which is published in the Official Gazette of Romania, Part I ".
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+ Article 36 The working procedure of the arbitration panel is established by a regulation approved by joint order of the Minister of Labour and Social Protection and the Minister of Justice, which will be published in the Official Gazette of Romania, Part I. *) Note
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* *) Note:
Under lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011, ' Law no. 168/1999 on the settlement of labor disputes, published in the Official Gazette of Romania, Part I, no. 582 of 29 November 1999, with subsequent amendments and completions, except art. 26-39, which is repealed from the date of publication in the Official Gazette of Romania, Part I, of the joint order of the Minister of Labour, Family and Social Protection and the Minister of Justice provided for in art. 177 177 ".
Art. 177 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 of 10 May 2011 provides: " The composition and criteria for acceding in the body of mediators and the body of arbitrators of collective labor conflicts, competence, duties, as well as mediation and arbitration procedures shall be established by the mediation and arbitration, prepared by the Office of Mediation and Arbitration of Collective Labour Conflicts of the Ministry of Labour, Family and Social Protection, approved by joint order of the Minister of Labour, Family and Social Protection and of the Minister of Justice, which is published in the Official Gazette of Romania, Part I ".
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+ Article 37 After the establishment of the arbitration panel the parties are obliged to submit to this entire documentation on the claims made and their support. *) Note
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* *) Note:
Under lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011, ' Law no. 168/1999 on the settlement of labor disputes, published in the Official Gazette of Romania, Part I, no. 582 of 29 November 1999, with subsequent amendments and completions, except art. 26-39, which is repealed from the date of publication in the Official Gazette of Romania, Part I, of the joint order of the Minister of Labour, Family and Social Protection and the Minister of Justice provided for in art. 177 177 ".
Art. 177 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 of 10 May 2011 provides: " The composition and criteria for acceding in the body of mediators and the body of arbitrators of collective labor conflicts, competence, duties, as well as mediation and arbitration procedures shall be established by the mediation and arbitration, prepared by the Office of Mediation and Arbitration of Collective Labour Conflicts of the Ministry of Labour, Family and Social Protection, approved by joint order of the Minister of Labour, Family and Social Protection and of the Minister of Justice, which is published in the Official Gazette of Romania, Part I ".
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+ Article 38 (1) Within 3 days from the receipt of the documentation provided for in art. 37 the arbitration panel has the obligation to convene the parties and to debate with them the conflict of interest, on the basis of the legal provisions and the provisions of the applicable collective agreements. (. The arbitration panel shall rule within 5 days from the date of conclusion of the proceedings by an irrevocable decision. ((. The reasoned judgment shall be communicated to the parties within 24 hours of delivery. Under penalty of nullity, the judgment must be accompanied by the evidence of convening the parties (4) The judgment of the arbitration panel is part of the collective agreement. As of the date of delivery of the judgment by the arbitration panel, the conflict of interest shall cease. *) Note
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* *) Note:
Under lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011, ' Law no. 168/1999 on the settlement of labor disputes, published in the Official Gazette of Romania, Part I, no. 582 of 29 November 1999, with subsequent amendments and completions, except art. 26-39, which is repealed from the date of publication in the Official Gazette of Romania, Part I, of the joint order of the Minister of Labour, Family and Social Protection and the Minister of Justice provided for in art. 177 177 ".
Art. 177 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 of 10 May 2011 provides: " The composition and criteria for acceding in the body of mediators and the body of arbitrators of collective labor conflicts, competence, duties, as well as mediation and arbitration procedures shall be established by the mediation and arbitration, prepared by the Office of Mediation and Arbitration of Collective Labour Conflicts of the Ministry of Labour, Family and Social Protection, approved by joint order of the Minister of Labour, Family and Social Protection and of the Minister of Justice, which is published in the Official Gazette of Romania, Part I ".
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+ Article 39 For the work carried out in the settlement of a conflict of interest the members of the arbitration panel shall receive a fee that shall be determined and paid by the parties in the conflict, equally. If the agreement of the parties on the amount of the fee is not carried out, it shall be determined by the Ministry of Labour and Social Protection, taking into account the proposals of the parties. *) Note
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* *) Note:
Under lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011, ' Law no. 168/1999 on the settlement of labor disputes, published in the Official Gazette of Romania, Part I, no. 582 of 29 November 1999, with subsequent amendments and completions, except art. 26-39, which is repealed from the date of publication in the Official Gazette of Romania, Part I, of the joint order of the Minister of Labour, Family and Social Protection and the Minister of Justice provided for in art. 177 177 ".
Art. 177 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 of 10 May 2011 provides: " The composition and criteria for acceding in the body of mediators and the body of arbitrators of collective labor conflicts, competence, duties, as well as mediation and arbitration procedures shall be established by the mediation and arbitration, prepared by the Office of Mediation and Arbitration of Collective Labour Conflicts of the Ministry of Labour, Family and Social Protection, approved by joint order of the Minister of Labour, Family and Social Protection and of the Minister of Justice, which is published in the Official Gazette of Romania, Part I ".
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+ Section 6 Repealed ---------- The 6th sect has been repealed by lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 40 Repealed. ---------- Article 40 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 41 Repealed. ---------- Article 41 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 42 Repealed. ---------- Article 42 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 43 Repealed. ---------- Article 43 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 44 Repealed. ---------- Article 44 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 45 Repealed. ---------- Article 45 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 46 Repealed. ---------- Article 46 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 47 Repealed. ---------- Article 47 was repealed by letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 48 Repealed. ---------- Article 48 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 49 Repealed. ---------- Article 49 was repealed by letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 50 Repealed. ---------- Article 50 was repealed by letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 51 Repealed. ---------- Article 51 was repealed by letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 52 Repealed. ---------- Article 52 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 53 Repealed. ---------- Article 53 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 54 Repealed. ---------- Article 54 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 55 Repealed. ---------- Article 55 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 56 Repealed. ---------- Article 56 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 57 Repealed. ---------- Article 57 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 58 Repealed. ---------- Article 58 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 59 Repealed. ---------- Article 59 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 60 Repealed. ---------- Article 60 was repealed by letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 61 Repealed. ---------- Article 61 was repealed by letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 62 Repealed. ---------- Article 62 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 63 Repealed. ---------- Article 63 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 64 Repealed. ---------- Article 64 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 65 Repealed. ---------- Article 65 was repealed by letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 66 Repealed. ---------- Article 66 was repealed by letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011.
+ Chapter III Repealed ---------- Head. III was repealed by lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Section 1 Repealed ---------- Sect. 1 has been repealed by lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 67 Repealed. ---------- Article 67 was repealed by letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 68 Repealed. ---------- Art. 68 was repealed by letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 69 Repealed. ---------- Article 69 was repealed by letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Section 2 Repealed ---------- The 2nd sect has been repealed by lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 70 Repealed. ---------- Article 70 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 71 Repealed. ---------- Article 71 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 72 Repealed. ---------- Article 72 was repealed by art. III of LAW no. 40 40 of 31 March 2011 published in MONITORUL OFFICIAL no. 225 225 of 31 March 2011. + Article 73 Repealed. ---------- Article 73 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 74 Repealed. ---------- Article 74 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 75 Repealed. ---------- Article 75 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 76 Repealed. ---------- Article 76 was repealed by letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 77 Repealed. ---------- Article 77 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 78 Repealed. ---------- Article 78 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 79 Repealed. ---------- Article 79 was repealed by letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 80 Repealed. ---------- Article 80 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 81 Repealed. ---------- Article 81 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 82 Repealed. ---------- Article 82 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Chapter IV Repealed ---------- Head. IV was repealed by lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 83 Repealed. ---------- Art. 83 was repealed by letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 84 Repealed. ---------- Article 84 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 85 Repealed. ---------- Article 85 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 86 Repealed. ---------- Article 86 was repealed by letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 87 Repealed. ---------- Article 87 was repealed by the letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 88 Repealed. ---------- Article 88 was repealed by letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Chapter V Repealed ---------- Head. V was repealed by lit. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 89 Repealed. ---------- Article 89 was repealed by letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 90 Repealed. ---------- Article 90 was repealed by letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. + Article 91 Repealed. ---------- Article 91 was repealed by letter. b) a art. 224 of LAW no. 62 62 of 10 May 2011 published in MONITORUL OFFICIAL no. 322 322 of 10 May 2011. This law was adopted by the Chamber of Deputies at the meeting of October 19, 1999, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, ANDREI IOAN CHILIMAN This law was adopted by the Senate at the meeting of October 19, 1999, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT PETRE ROMAN --------