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Law No. 3 Of 30 May 1950-1 Labour Code

Original Language Title:  LEGE nr. 3 din 30 mai 1950 cuprinzînd Codul Muncii

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LEGE no. 3 3 of 30 May 1950 The Labor Code
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 50 50 of 8 June 1950



Pursuant to art. 56 of the Constitution of the Romanian People's Republic we sign the Law voted and adopted by the Great National Assembly, in the following: + Chapter 1 General provisions + Article 1 The Labor Code sets rules for collective agreements and employment contracts and labor and payroll rules, working time and rest, material liability and compensation, labor protection, social security, labor jurisdiction. as well as for all other work-related issues. + Article 2 The Labor Code applies, on the one hand, to employees-workers and officials-and on the other hand to State bodies and institutions, to businesses and to econom organizations of the Senate, cooperative and obstesc organizations, as well as individuals and legal entities in the private sector, who use employed work. + Chapter 2 About collective agreements is a convention that ends between the Trade Union Committee of the enterprise or institutions as a representative of workers and officials on the one hand and those who employ on the other The collective agreement shall set out the commitments of both Parties concerning: a) conduct of the production process in order to fulfill the State Plan; b) improving the working and living conditions of the workers. + Article 4 The collective agreement, which ends in the private sector, shall be established: a) the commitments of those who commit to improving the working and living conditions of workers and officials; b) duties to the State, to those who employ. + Article 5 The conditions established by the collective agreement extend to all employees, whether or not they are members of the union that concludes the contract. + Article 6 The maximum duration for which collective agreements may be concluded shall be determined by the decision of the Council of Ministers, agreed with the General Confederation of Labour. + Article 7 Collective agreements shall be made in writing and signed by the Contracting Parties. They shall be registered with the relevant Ministries and Union Unions, which shall be obliged to investigate: a) if the provisions of the collective agreement ensure the fulfilment of the State Plan b) if they do not create situations contrary to the provisions of the present Code. In this case the provisions of the contract contract shall be cancelled and replaced by the corresponding provisions of this Code. + Article 8 Collective agreements shall enter into force from the date of their registration. + Article 9 Collective agreements retain their validity within the prescribed period, regardless of the changes that would occur in the organization of the enterprise or institution with which they ended and regardless of the changes that would occur. on the assets of those establishments If a unit of an enterprise that has concluded the collective agreement will be adapted to the new situation. + Article 10 The extension of the collective agreement on a new term, as well as any modification or completion that intervenes by the agreement of the parties, during the execution of the contract shall be made in the 7 7 or 8 of this Code. + Article 11 Union bodies as well as the administration of those units shall supervise the performance of collective agreements. + Chapter 3 Employment contracts + Article 12 The employment contract is the written or verbal understanding that a party-the employee-undertakes to provide work, to another party-the one who commits it-in exchange for a remuneration. The employment contract ends independently whether or not there is a collective agreement. + Article 13 The employment contract can be closed: a) during the determining period; b) for an indefinite period; c) to carry out a determined work. + Article 14 In order to hire definitively, a trial term will be allowed to be granted to the candidate, which is not more than 6 days for workers, 12 days for officials and 30 days for those to be employed in positions of responsibility. After passing this test period and in relation to the result obtained, the candidate will or may not be employed. If the candidate is not employed, he will be paid for the time worked an amount corresponding to the salary in the tariff indicator provided for the function to which he ran. + Article 15 The employee will not be able to ask him to perform work that does not correspond to the same for which he has committed or who is obviously putting his life or health at risk. If temporarily there is no possibility to give the employee the work for which he was employed, he will be able to entrust another work taking into account his qualification. Exceptionally for the prevention of a danger that threatens the functioning of the unit to which the life of some persons has committed or jeopardises, it will be possible to entrust the employee with even an improper work of his qualification. In these cases, the employee's salary will not be reduced; they will be increased if the work that is temporarily entrusted to him is provided in the salary tariff indicator with a higher salary. + Article 16 The employee will be able to be transferred from one enterprise to another or from one locality to another. In the latter case he will receive the actual transport expenses both for the dance and for his family and household, as well as an equivalent allowance for 14 days, calculated at the average daily gain for the last 3 months. If the employee does not consent to this transfer, the employment contract can be denounced with a notice of 14 days, of the one who employs. + Article 17 In the interest of service, the employee will be temporarily delegated to another locality or to another enterprise or institution. The delegation will not be able to be given for more than 60 days. When the delegation exceeds 60 days, it turns into detachment. Employees ' rights both for the delegation and for the posting as well as the duration of the posting will be regulated by the decision of the Council of Ministers. + Article 18 The employment contract shall cease: a) by agreement of the parties b) on the expiry of the time limit fixed or at the end of the work c) at the request of a party, in cases where the law allows. + Article 19 The employee may ask for justified reasons for the dissolution of the employment contract concluded for an indefinite period. The one who hires is obliged to resolve that application within 14 days of receiving it. + Article 20 The contracts of employment concluded indefinitely, as well as that concluded for a fixed term, may be opened at the request of that which commits where: a) the unit shall be completely or partially liquidated b) reduces its activity; c) cease the activity for a period of more than one month; d) the employee does not correspond to the function entrusted to him; e) the employee does not systematically fulfill the obligations arising from the employment contract or the internal order regulation; f) the employee is convicted of an act punishable by criminal law if this act is in connection with his work and makes him improper to his work; g) the employee is arrested for more than two months; h) the employee is missing from work for more than three months due to the loss of his/her work capacity; i) the employee is missing from working more than three months after the expiry of the leave provided by art. 90 due to the loss of his/her work capacity, following a pregnancy or birth; j) in the position occupied by the employee is reintegrated through Justice the employee who previously held the respective function. + Article 21 Dissolution of the employment contract for the cases provided by art. 20 20 is done: a) by the Commission for the settlement of labour disputes for the cases referred to in letters d, e, f, and g; b) by the one who commits for the other cases, announcing in writing on the employee. The dismissal may attack this measure before the Commission for the settlement of labour disputes; c) by the hierarchical administrative bodies for all cases when referring to the employees who occupy the functions of liability; d) by the judiciary, for all cases when referring to employees in the private sector. The dissolution of the employment contract with employees who are members of the Committees of Trade Union Organizations, shall be made by the bodies shown in the previous paragraphs, with the favorable opinion of the Trade Union Committees of which they belong. + Article 22 The one who hires is obliged to issue to the employees, upon leaving the service the carenet of work and the payroll card completed to date with all the necessary data in accordance with the decisions of the Council of Ministers Also on request will be issued to employees and certificates regarding the behavior they had during work. + Article 23 The employment contract shall be deemed to be extended indefinitely in the same condition if the employment relationship continues after the expiry of the period fixed. + Chapter 4 Regulations of Inner Order + Article 24 The regulations of interior order establish the organization and discipline of work in that unit It must contain precise and clear provisions on the bonds of those employed and those who employ. The regulation will be brought to the attention of all those who work in that unit. It becomes mandatory for employees as well as those who employ from the moment of its display. + Article 25 The relevant Ministries of Agreement with the respective Union Unions shall draw up the rules of the type of interior order. Those who agree with the trade union committees will complete these regulations with the provisions specific to those units. For the units established by the Presidium of the Great National Assembly will be able to draw up disciplinary statutes. + Article 26 The regulations of the interior order cannot contravene the laws and the collective agreement concluded. + Chapter 5 Production rules + Article 27 The relevant ministries, agreed with the respective Trade Union Unions, will establish the working rules for each branch of production, function and specialty, fixing the quantity and quality of production or operations they must carry out. employees in a time determined under normal working conditions. The rectification of the rules can be done by the bodies that established them if: a) it is discovered in the production process errors of calculation in component elements; b) New measures to streamline work and improve the technological process are introduced into production. The rules once established can only be changed with the approval of the Council of Ministers. + Article 28 The employee who will not meet the working norm will be paid for the work done in relation to the quantity and quality of the products carried out. + Article 29 When the non-fulfilment of the working norm is not due to the employee's guilt, it will receive at least 2/3 of the salary in the tariff indicator even if it was not executed 2/3 of the working norm. If the failure of the norm comes due to the cessation of work, the employee's salary is regulated under the conditions of art. 45. + Article 30 If the fault belongs to the employee there are total rebutts, the work performed will not be retribated. If partial rebuts are produced from the employee's fault, the work performed will be repaid in relation to the decrease in the value of the products, without being able to get below 1/2 of the salary in the tariff indicator. If without the employee's fault the total rejects are produced, the work performed will be returned with at least 2/3 of the salary in the tariff indicator. If partial rebuts are produced without the employee's fault, the work performed will be returned in relation to the decrease in the value of the products, without being able to get below 2/3 of the salary in the tariff indicator. + Article 31 If the rejects come without the employee's fault due to the raw material, his work will be fully repaid if he announced the administration during the working day in which he found the rebuttal. In cases when the rejects are discovered after the reception, the employee's work will be fully restored, if the rejects were produced without his fault. + Article 32 If the non-fulfillment of the norm or if the rejects occur without the employee's fault during the appropriation of a trade, the work performed will be fully repaid according to the salary in the tariff indicator. + Chapter 6 Salarization + Article 33 In order to fulfill their obligations from the employment contract, the workers and officials shall be entitled to a salary which is determined in relation to the quality and quantity of the work they perform, according to the professional qualification indicators and the salary rates established by the decision of the Council of Ministers. Equal work will be paid an equal salary, without making any distinction of age, sex or nationality. + Article 34 The payment for the work done will be done either after its duration or in agreement or by piece. + Article 35 In the system of regular payment, the payment for work will be made after the period of time worked, namely by month, day or by hour. In the regular salary system by month, the number of working days in the month will be taken into account when paying the salary. In the regular wage system with the day, the salary will take into account the number of days worked during the month. In the regular hourly wage system, the number of hours worked during a day or month will be taken into account. + Article 36 The amount of the fee for the unit of agreement or piece shall be determined by dividing the salary from the tariff indicator fixed for a time determined for that professional category to the work standard fixed over the same time frame. + Article 37 For the time necessary for the preparatory work in order to perform the work in the agreement, the employees will be paid with a retribution whose amount will be determined, for each professional category, by decision of the Council of Ministers. + Article 38 For the performance of workers who require special knowledge or preparations, employees are entitled to the salary fixed for the respective working category, even if they do not have the corresponding titles or evidence. + Article 39 Employees will be able to receive in addition the salary from the tariff indicator and prizes, under conditions that will be determined by the decision of the Council of Ministers. + Article 40 Payment of salary will be made periodically, at intervals that will not be able to exceed two weeks. + Article 41 The salary will be paid in cash. Exceptionally it will also be possible to pay in nature, but only partially according to the provisions that will be established. + Article 42 Salary will be able to pay before or after the end of work. He will not be able to pay during working hours nor on days fixed by this code or by special provisions like rest days. + Article 43 In the event of the dissolution of the employment contract by or at the request of the employee, the payment of the rights due to the employee will be made on the day of termination of the employment contract. In the case of the dissolution of the employment contract at the request of the employee, the payment of the rights due to him shall be made within one day from the satisfaction of the application. For each day of delay, from the deadlines shown in the preceding paragraphs, the employee is entitled to compensation equal to the average earnings. + Article 44 If the employee does not recognize only in part, the claimed rights, he is obliged to pay the employee the unchallenged amount, within the deadlines shown in art. 43. The disputed amounts will be determined by the courts provided for the head. Sixteenth of the present code. + Article 45 The hours not worked during the cessation of work without the employee's fault, will be paid in a calculated proportion to the average gain: 50% in the light industry and, 75% in the heavy industry and C. F. R pay. + Article 46 If the exercise of voting rights has during business hours, the time used by the employee for voting will be paid with the average won for the category in which the employee was assigned. + Article 47 Hours not worked by employees chosen to participate in Congresses, Conferences or Assemblies convened by State bodies or mass organizations, as well as hours not worked by employees called in without justice as witnesses or experts, will be paid in the time required to perform the tasks received, with the average daily gain of the last 3 months. + Article 48 The rights of employees called for military internship, concentration or mobilization, will be determined by the decision of the Council of Ministers. + Chapter 7 Working time + Article 49 The normal duration of working time is 8 hours a day. By the decision of the Council of Ministers, the date on the proposal of the General Confederation of Labor, agreed with the relevant Ministries will be able to establish, in special cases, for certain professional categories, a shorter working period than that of 8 hours, complained about by labor protection needs, without this going to a decrease in salary. Through the decisions of the relevant Ministries, agreed with the respective union Unions, the categories of employees with technical or administrative liability functions will be established whose work is not limited to working time of 8 hours. + Article 50 The duration of night work is fixed at 7 hours, without this being brought a decrease on salaries. In this case, the calculation of hourly employees will be determined by dividing the salary corresponding to the number of hours during the day, at the number of hours worked at night. The hourly wage thus established will also serve to calculate the remuneration of labor in the agreement then it is provided at night. In the enterprises in which 3 shifts are worked, the duration of night work will be equal to those of the day, giving the employee a 15% increase on the tariff salary in the pay table, for night work. Night work is counted that takes place between 22 and 6 and 23 and 7. + Article 51 During the working day a rest for the meal will be given to the employees. Rest time is not included in the length of time of work. + Article 52 In units where work can be interrupted normally, the rest will be granted after the first four hours of work. The duration of the rest will be at least 1/2 hour and no more than one hour, the employees, being able during this time to travel outside the workplace. + Article 53 In units where you cannot interrupt work, it will be given the opportunity for employees to dine during the service. + Article 54 When the unit works in 3 shifts the duration of the rest time and the repairs of the rest of the exchanges will be determined by the administration of agreement with the committee of the union organization, without being able to fix for each exchange a shorter rest period minutes. + Article 55 Teams that succeed in shifts will work during a working day the number of hours set for the respective professional category. Exchanges shall be replaced by the hours and conditions laid down by the rules of interior order. + Article 56 The time when it begins, as well as the time when the work time ends and the rest time will be determined by the rules of inner order. + Article 57 Work will be performed in the hours set for each of the professional categories. The additional hours will be carried out only with the prior approval of the relevant Ministries, agreed with the union Unions, within the framework of the planned salary fund, without being able to exceed 120 hours annually and 4 hours weekly by each employee. The one who hires will be able to order additional hours, without the prior approval required by paragraph 2, only for the following works: a) to defend the country or to prevent calamities and dangers; b) for the removal of unexpected circumstances, which would harm the good funtioning of sewerage, lighting, water supply, postal, telegraphic, telephone or communication routes. c) to prevent interruptions or delays that could bring damage to machines or material. d) for the repair or restoration of devices or installations, if their failure causes an end to the work of a significant number of employees. + Article 58 Those who hire will keep special registers with the overtime in which they will indicate, for each individual employee, the time when the work began and the time when the additional work ended, as well as the amount of money that is due to him. + Article 59 At overtime it will not be possible to call young people under 18, pregnant women, as well as nursing women. + Article 60 For the time not worked due to the delay or the absence of employees from work, no compensation will be possible through additional hours of additional work. + Chapter 8 Rest time + Article 61 During a week, employees are entitled to a rest without interruption of at least 24 hours. It is set late on Sunday as a weekly rest day. For employees who because of working conditions cannot benefit from Sunday as a day of rest, it will be fixed by the rules of interior order, for rest, another day during, week. Also through the internal order regulation will be fixed by rotation the rest days for the employees in the units operating without interruption. Through the decision of the relevant Ministry, agreeing with the respective union Unions, the units that according to the character of their activities will be established, work without interruption. + Article 62 By the decision of the Council of Ministers, the days of celebration will be determined in which it will not work. If, for the reasons shown in paragraphs 3 and 4 of art. 61, employees will not be able to benefit from the public holidays, they will receive other days of rest that will be fixed by those who agree with the union committee. + Article 63 Employees who provided work uninterrupted for 11 months, are entitled to a paid annual holiday until 24 working days. These categories of employees will be determined by a decision of the Council of Ministers on the proposal of the General Confederation of Labour. For young people up to 18 years the maximum duration of the holiday is 18 working days. For employees whose working day is nenormata, the duration of the leave is 24 working days. Employees with uninterrupted seniority are entitled to a paid holiday up to 24 working days, in relation to this seniority. The duration of the leave will be determined by the Council of Ministers ' decision on the proposal of the General Confederation of Labour The payment of the holiday is calculated according to the average gain achieved over the last 12 months and is paid in advance. + Article 64 The administration will not be able to detain employees to benefit from the right to rest established by law. At the prior request of those who hire, the relevant Ministry of agreement with the respective Trade Union Unions, will be able to approve on a case-by-case basis, for supporting reasons the cash compensation of the employees ' leave that consent to it. The holidays of young employees up to 18 years old will not be in any case compensated in money. + Article 65 The administration of agreement with the trade union committee, taking into account the smooth running of the activity of the respective unit, as well as the interests of the employees will schedule their holidays throughout the year. + Article 66 Sick leave, that of pregnancy, birth or care of sick children younger than 2 years, do not include on holiday. + Chapter 9 Material liability and compensation + Article 67 The employees are liable for damages to the respective units, in connection with their work. + Article 68 If the damage was caused by negligence or by violation of the internal order regulations, the amount of compensation will be able to rise up to the value of the damage caused, without being able to exceed the amount of the net tariff salary on the last 3 Monday. If the damage was caused on the goods given in storage, the amount of compensation will be equal to the value of the damages produced. If the damage caused is the result of a criminal act, the amount of compensation will be equal to the replacement value of the goods, calculated at the free price of the market, and can be increased until its bend. + Article 69 The finding and determination of the amount of the material damage, as well as the disposition of the respective amounts, shall be made no later than 30 days: a) from the discovery of damages, by the one who hires, when they were caused in the conditions of art. 68 68, al I; b) from the complaint, by the Commission for the resolution of labor disputes, when they were caused under the conditions of art. 68 68, II; c) from the complaint, by the Justice, when they were caused under the conditions of art. 68, para. III, as well as all cases when the damage was caused by employees in the private sector. + Article 70 If the employee is imputed to the damage in accordance with art. 69 letter a, does not recognize the legality of its establishment or the size of the fixed amount, it has the right to request the settlement of the dispute before the Commission for the settlement of labor disputes. + Article 71 The amount definitively established for the coverage of damages will be withheld from any amount due to the employee from the one to whom he is employed, as well as from salary, in monthly installments. These rates will not be higher than 1/3 of the monthly net tariff salary, without being able to exceed together with the other detentions that the employee would have, 1/2 of this salary. If the employment contract is opened before the damage is covered, the employee will be followed both in his personal wealth and in the event or salary that would receive him in a position, according to the norms established in the previous paragraphs. + Article 72 In no case will the employees of the damage that occur from the normal risk of the service be passed to the employees. + Article 73 If the contract of employment concluded for a fixed term or an indefinite duration is opened in the conditions of art. 20 20, lit. a, b, c, d, and g, the employee is entitled to compensation equal to his average of 14 days. + Article 74 The employee is entitled to pay a compensation in money, for the time of leave worked under the conditions of art. 64, para. II, counted against his average earnings for the last 12 months. + Article 75 The money rights of employees, derived from the employment contract, enjoy precedence over any other debts of the one who employs. + Article 76 Employees who perform work that quickly follow the clothing or footwear will receive on the partial or total account of the one who hired him, the clothing or the necessary footwear. The lists of professions and norms of distribution and use of clothing and footwear will be established by the decisions of the relevant Ministries, agreed with the respective Trade Union Unions. + Article 77 If the employee works at the unit with the tools or tools that are his personal property, he is entitled to compensation equivalent to their depreciation. + Chapter 10 + Article 78 There are apprentices those who learn a trade in vocational schools and workshops, as well as those who individually acquire a profession working in production under the leadership of qualified persons. + Article 79 The professional training of apprentices will be established by the relevant Ministry of agreement with the respective Trade Union Unions. The relevant ministries will set up qualification, retraining and professional training courses, the working conditions of which will be established by decisions. The units will facilitate the attendance of the evening schools. + Article 80 The general plan to prepare the apprentices will be determined by the Ministry of Labour and Social Provisions, agreed with the General Confederation of Labour. The number of apprentices to be prepared annually for State enterprises, shall be established by the relevant Ministry, in relation to the framework training plan. + Article 81 The disciples will not be used only to work that directly related to the job they learn. Corporate leadership will facilitate and supervise that apprentices regularly attend vocational training courses. + Article 82 The rights and duties of the disciples, as well as those who employ them, will be determined by the decision of the Ministry of Labour and Social Provisions, agreed with the General Confederation of Labour. + Article 83 The Ministry of Labour and Social Provisions, together with the General Confederation of Labour, will exercise control and supervision of the application of the protection measures provided by the law for apprentices. + Chapter 11 Work of young people and women + Article 84 Young people have the same rights as the elderly in terms of ending and executing the employment contract. Parents, guardians and institutions who are responsible for the supervision and observance of labor protection laws, may request the dissolution of the employment contract before the deadline, when its continuation threatens the health of the young man or when becomes its harmful. + Article 85 Young people will not be able to be assigned to the night work, except in the production sectors that will be established by the decision of the Ministry of Health and Social Provisions, agreed with the Ministry of Health and the General Confederation of Labor and only if turned 16 years old. + Article 86 Young people under 14 will not be able to be employed at work. Young people between 14 -16 years old, will be able to be employed with the consent of legal representatives and the opinion of the doctor. + Article 87 The working time of the young man between 14 -16 years, is established at 6 hours a day, without this being brought a decrease on the due salary, fixed for the professional category to which he was employed. + Article 88 Pregnant, lactating, or suffering women, as well as young people under 16, will not be able to be assigned to hard work and those harmful to health. By deciding the Council of Ministers, at the proposal of the Ministry of Labour and Social Provisions, agreed with the Ministry of Health and the General Confederation of Labor, the list of hard work and those harmful to health will be established. + Article 89 Pregnant women who work hard work will be assigned to other easier jobs, without this being lowered their salary. Also, starting with the sixth month, pregnant women will not be sent to delegations to localities other than to their consent. + Article 91 Pregnant women starting with the sixth month, as well as those who breastfeed will not be able to be assigned to the night work. + Article 92 Outside rest and meal rest will be given to women and breaks for breastfeeding children. The duration of the breaks and the hours when they are to be granted will be determined by internal order regulations without exceeding 3 hours between breaks and 1/2 hour for a breastfeeding. The duration of these breaks is included in normal working time. + Article 93 Employed women, who have sick children, younger than 2 years old, will be granted, with the opinion of the doctor, leave for their care, which is not included in the holiday. + Article 94 All units will take measures to create the necessary conditions for labor protection, by providing security and hygiene in the labor process. No unit will be able to start its activity and will not be able to move in total or in part to another local, without the prior authorization of the Technical Inspection for labor protection and the State Health Inspection. + Article 95 Those who hire, will provide employees who work on harmful work, at high or too low temperatures, as well as those who work in special conditions of humidity or dirt, protective equipment. Employees who perform work related to the danger of intoxication will be given antidotes. The cost of the protective equipment and the antidotes, corresponding, will be borne by the unit. The lists of antidotes, protective equipment, as well as those professions, will be established by the decisions of the Ministries of Resor, agreed with the General Confederation of Labour. The General Confederation of Labor participates directly in the organization of control and supervision of the measures to be taken on labor protection, in accordance with the law in force for labor protection. + Chapter 13 Trade unions + Article 96 Professional unions are constituted and operate in accordance with the law on the organization of professional trade unions. + Article 97 The units will provide all the necessary support to the union activity, while providing free of charge to the enterprise or institution committee, the furniture, heated and illuminated premises. + Article 98 Union general meetings, meetings of trade union delegates, as well as meetings of trade unions or enterprise committees, will be held outside working time. During work, such gatherings or meetings will be held, only in exceptional cases and only with the approval of the respective administration. + Article 99 The administration will communicate to the respective union committees, the employment to be made. Union committees will be able to object within 3 days of communication, on new employees, if these commitments are made in violation of legal provisions. + Article 100 In order to perform union tasks, it will be possible to remove the necessary activists from the production, with the approval of the + Article 101 Activists removed from production for the performance of union tasks, receive the salary from the union budget, taking into account that it is not less than the salary in the tariff indicator prior to their removal from production. + Article 102 The administration after the performance of the union tasks, is obliged to ensure the employee put out of production an equivalent work with that which he had previously taken out of production. + Chapter 14 Social Security + Article 103 The social security of workers and officials is made through State Social Security, which operates within trade unions. The organization, management, guidance and control of the activity of the State Social Security is made by the General Confederation of Labor, through the Council of State Social Security. + Article 104 Social Security extends to all employees who perform work in State bodies and institutions, enterprises and economic organizations of the State, cooperative and obstesc organizations, individuals or individuals. legal persons in the private sector who use employed work, regardless of whether they are permanently or temporarily employed, as well as on their non-salted family members. + Article 105 The realization of Social Insurance measures is done by providing material aid in case of temporary loss of work capacity (disease, accidents, births care of the sick family member, death aid), by granting pensions in case of invalidity, old age or loss of the supporter and by sending to rest the workers and officials. State Social Security supports actions to improve the living conditions of employees in terms of occupational safety and hygiene. + Article 106 In order to organize Social Security, the insurance contributions shall be established by the decision of the General Confederation of Labor, in relation to the manner of work and the danger that the conditions in which it is provided. Insurance contributions are the responsibility of those who hire and cannot be detained from employees ' salaries. + Article 107 The non-payment of dues does not deprive employees to benefit from material aid due to them; it attracts most of the amounts due, as well as the punishment of the guilty, according to the criminal law, The amount of these increases will be determined by the decision Council of Ministers, given at the proposal of the General Confederation of Labour. + Article 108 The conditions necessary for the granting of material aid and pensions, the amount and the procedure for their establishment will be determined by the decisions of the General Confederation of Labour, approved by the Council of Ministers. + Article 109 The preparation of works on the establishment and payment of pension rights, has the Ministry of Labor in collaboration with the General Confederation of Labor. + Article 110 The medical care of employees as well as their unsalted family members is in charge of the Ministry of Health. + Chapter 15 Temporary work obligations + Article 111 The citizens of the Romanian People's Republic in exceptional cases, for preventing and fighting calamities and for covering the lack of labor arms, in order to execute important State tasks, will be able to be called to fulfill certain Temporary work bonds. The call for the fulfilment of temporary work obligations shall be made during the period determined by the decision of the Council of Ministers. + Article 112 They are exempted from the fulfilment of temporary work obligations: a) young people under 16. b) women over 45 years; c) pregnant and lactating women; d) women who have children under 8 years of age, if they do not have someone to care for them; e) men over 50 years; f) persons who have lost their ability to work, during the time necessary to restore their health; g) invalids from work or war + Article 113 In connection with certain temporary work obligations, it will be possible to establish by the decision of the Council of Ministers and other exceptions from the fulfilment of the obligations provided in art. 112, in relation to the state of health and the family situation of the citizen, as well as the character of the works and the living conditions in which they are to be provided. + Chapter 16 Labour jurisdiction + Article 114 Disputes are born from the establishment and application of the labor conditions provided by law, the collective agreement, the employment contract or the internal order regulation shall be settled by: a) commissions for the settlement of labour disputes; b) ordinary judicial courts; c) administrative hierarchical bodies. + Article 115 I am in the compentance of commissions for the settlement of labor disputes a) the lithiigies that are expressly given to them by law; b) any other labor disputes, between the employees and the respective unit, if the employees demand it. + Article 116 I am of the jurisdiction of ordinary courts: a) disputes that are not expressly given by laws, in the competence of commissions for the settlement of labor disputes or administrative hierarchical bodies; b) the disputes that were submitted to the commissions for the settlement of labor disputes, but which could not be solved by the agreement of the members of the commission, according to art. 123. c) labor disputes in connection with criminal acts; d) Labour lithiigies in the private sector. + Article 117 I am of competence of administrative hierarchical bodies: a) disputes that arise from the dissolution of employment contracts or the reintegration of employees who occupy positions of responsibility; b) complaints regarding disciplinary sanctions, except those regarding the dissolution of employment contracts as a disciplinary measure, for the facts provided by art. 20 20, lit. e. + Article 118 The referral of the commission for the settlement of labor disputes can be made within no more than 3 months. I. From communication, by employees in cases: a) dissolution, employment contracts by those who hire, for the facts provided in art. 20 20, points: a, b, c, h, i, and j; b) the finding of damages and the provision of the provision of detention of the amounts established by those who hire, for the facts provided by art. 69 69, lit. a. II. From the finding of the facts, by those who hire for: a) the dissolution of employment contracts in the cases provided by art. 20 20, letter d, e, f, and g; b) contracting the damages and giving the provision of withholding the corresponding amounts, in the cases provided by art. 69 69, lit. b. In the same term, counted from the cause of the case that determined labor disputes and for all other long disputes and for all other labor disputes between the employees and those who hired them, in case the employees chose this Path. For the amounts withheld, as well as for any amounts of overtime and of the times that other rights are due from those who hire, employees may refer the matter to the labor lithiigies committee, within one year from the date of when these payments were to be made. + Article 119 The complaint of the People's Court by interested parties in the private sector can be made within at least 3 months, in order to: a) the dissolution of employment contracts; b) ascertaining the damages and giving the disposition of the corresponding amounts. For the amounts due, both from overtime and any other rights due from those who hire, employees in the private sector will be able to refer the matter to the People's Court within 1 year. + Article 120 The referral of administrative hierarchical bodies by employees who hold positions of responsibility, can be done within at least 3 months: a) from the communication in cases of sale of employment contracts for the facts provided by art. 20 20; b) from reintegration, for solving disputes that are born from their reintegration. + Article 121 The Labour Dispute Settlement Committees operate within the units of the Socialist sector. They shall be composed of an equal number of representatives of the administration and of the trade union committee of the undertaking or institution. The number of committee members for the settlement of labour disputes shall be fixed by the management committee of the trade unions. The members of the labor dispute resolution commission shall perform by rotation and the function of the President and the Secretary. The functions of the President and the Secretary cannot be fulfilled at the same time by the members representing the same party. + Article 122 The commissions for the settlement of labor disputes will solve the cases that are brought to the resolution, no later than 5 days after the referral, quoting at the deadline fixed both the administration and the employees concerned. The meetings of the dispute resolution commissions will be held at the premises of the enterprise outside the working hours. + Article 123 The decisions shall be taken by the joint agreement of the representatives of the administration and the Trade Union Committee of the enterprise or institution. They shall be recorded in the minutes to be communicated to the parties within 3 days of delivery. The decisions taken are enforceable. + Article 124 On the contrary to these decisions the interested parties may appeal to the People's Court of the company's headquarters within 10 days of the communication of the decision. The appeal shall be declared orally or in writing to the labour dispute resolution committee, which has delivered its decision. The respective unit will be able to request the suspension of the execution of the decision rendered by the commission for the settlement of labor disputes, only after recording the amount to which it was The People's Court will annul the contested decision and will judge in substance if: a) this worsens the employees 'working conditions towards the employees' work provisions against the provisions of the law, decisions or adjustments; b) it violates the provisions regarding the composition, procedure or competence of the commissions for the settlement of labor disputes, if this violation influences on the substance of the decision. c) the same fact is found in the investigation of a court or has been solved, either before the commission for the settlement of labor disputes or before the judicial courts; d) by it were taken into account false acts or false testimonies found by final court decisions. + Article 125 The decisions of the hierarchical administrative bodies can be appealed administratively before the higher bodies, in their hierarchical order. + Article 126 If an agreement on the solution of the dispute has not been reached before the commission for the settlement of labor disputes, the interested party will be able to refer the matter to the People's Court for the trial of the case no later than 15 days after the communication. + Article 127 The People's Court, judges after the common law procedure, no later than five days after the referral. The court books shall be communicated to the parties which may appeal to the Tribunal within 15 days of the communication. The appeal does not suspend the execution of the court books, rendered in favor of the employees except for the amounts of money that exceed the amount of the salary in their monthly tariff indicator. The Court of First Instance will deal in particular with appeals brought into this matter. + Article 128 The research of employees in front of any organs or courts in connection with the settlement of labor disputes and the execution of the decisions given in question, may be made in writing or verbally These requests, as well as all procedural documents, are exempt from any taxes or fees. + Chapter 17 Common, dinal and transient provisions + Article 129 The provisions of this Code shall not apply to the military. + Article 130 The decisions of the Council of Ministers will establish special conditions of employment and working for employees who provide work: seasonal, temporary, in construction, in the field of forestry, in agriculture, at home and in any other fields constituting exeptions from the provisions of this Code. + Article 131 Decisions of the Council of Ministers will be able to extend certain provisions in which temporary work bonds are provided. + Article 132 The term "units" means state bodies and institutions, enterprises and economic organizations of the State, cooperative and public organizations, as well as individuals or legal entities in the sector. Private. + Article 133 The length of service is considered uninterrupted and when the employee: a) satisfy the military internship, is concentrated or is mobilized; b) performs an eligible operation; c) is transferred from one unit in the socialist sector to another; d) attend a school in the vocational training school; e) has interrupted its service due to the liquidation or relocation of the unit to another locality, if the interruption does not exceed 30 days; f) moves to follow the husband or wife in another locality, without the interruption being able to exceed 30 days; g) is in a state of temporary disability. + Article 134 By the decision of the Council of Ministers, at the proposal of the Ministry of Labour and Social Provisions, agreed with the General Confederation of Labor, the positions of responsibility within the meaning of this Code will be fixed. + Article 135 The average gain means the amount obtained by adding to the salary in the tariff indicator, all the permanent gains of an employee on a determined time, divided by the number of days or hours contained in time. Unless the Code has otherwise, in calculating the average earnings that is paid for 12 or more days, the average earnings of that employee will be taken into account for the last 12 days, the average gain in last month. If the employee did not work in a unit the time stipulated by the law to calculate the average earnings, it will be taken into account the winners that summed them up from his entry into service and until the date he is to be pay the respective winning. + Article 136 Provisions of art. 102, shall also apply to the members of the Grand National Assembly, to the members elected to the eligible posts of the State administration, as well as to the Ministers, Deputy Ministers and Ministerial Councillors, upon the expiration of their mandate. Also the same provision applies to employees called for military internship, concentration or mobilization, to their leaving to the hearth. + Article 137 Decision of the General Confederation of Labor, published in the Official Bulletin no. 17 of 23 February 1950, shall be maintained, considering the date on the basis of this Code. + Article 138 Commissions for the settlement of labor disputes, provided in art. 114, will be established within 3 months of the implementation of the present Code. Pending litigation before the Research and Arbitration Trade Union Committees or which will arise until the establishment of the Commissions mentioned in this Code, shall be settled after the Law on the organization of the jurisdiction of work, republished in the Official Gazette No. 132 bis of June 9, 1948. Cases left untried at the expiry of the term provided for in al 1 will be sent for the settlement of the People's Court of the defendant's domicile. + Article 139 The Law on Employment Contracts of April 5, 1929, Law No. 711 of 6 Septembvrie 1946 , for the jurisdiction of labor (republished in the Official Gazette No. 132 bis of June 9, 1948), the provisions of Law No. 10 of January 1, 1949 for the organization of State Social Security except art. 16 -23 inclusive, art. 25 25 and art. 27, relating to invalidity pensions, old age and survivors ' pension in case of loss of the supporter, Decree No. 29 of January 29, 1949 for the regulation of the rights and duties of administrative employees and technical management personnel in State institutions and enterprises and cooperatives of any kind, as well as all provisions in the laws, contrary to the present Code, is repealed. This law was voted by the Great National Assembly at its meeting on May 30, 1950 and it was unanimously approved by three votes and three votes. President, Mihai Mujic Secretary, Mihalca Eliza ((L. S. M. Ad. N) We sign this law and have it published in the Official Bulletin. Given in Bucharest on 30 May 1950. President The Great National Assemblies, Prof. Dr.C.I. PARHON Secretary Presidium of the Great National Assembly, MARIN FLOREA IONESCU ------------------