Law No. 3 of 30 May 1950 in the Labour Code, including ISSUING NATIONAL ASSEMBLY and published in OFFICIAL GAZETTE No. 50 of 8 June 1950. 56 of the Constitution of the Romanian people new Law passed and adopted by the National Assembly, as follows: chapter I General article 1 Dispoziţiuni of the Labour Code lays down the rules for collective bargaining agreements and employment contracts and work rules and pay, working time and rest, liability and compensation, labour protection, social security, labour jurisdiction and for all other work-related issues.
Article 2 of the Labour Code apply, on the one hand-workers and employees of officials — and on the other hand the State organs and institutions, enterprises and organizations for cooperative organizations of the Senate, and those with public character, as well as natural persons and legal entities private sector that employ employment.
Chapter 2 About collective bargaining agreements is an agreement which is concluded between the Trade Union Committee of the enterprise as a representative institution of the times workers and officials on the one hand and those committed on the other hand through the collective labour contract shall be drawn up concerning the commitments of both parties: the production process) in order to carry out the State Plan;
b) working conditions and improvement of living standards of workers.
Article 4 through the collective labour contract, which ends in the private sector shall be determined: (a) those who undertake commitments) for the improvement of living and working conditions of workers and servants;
b duties towards State), those commits.
Article 5 Generally fixed by the collective labour contract shall extend to all employees, regardless of whether they are or not members of the Union who concludes the contract.
Article 6 maximum Duration for which you may conclude collective bargaining agreements shall be established by decision of the Council of Ministers, agreeing with the General Confederation of labor.
Article 7 collective bargaining agreements shall be made in writing and shall be signed by the Contracting Parties.
They are registered with the relevant Ministries and the trade unions concerned, who are obligated to investigate: a) if collective labour contract provisions ensure that the State Plan;
b) if they do not create situaţiuni dispoziţiunilor code of opposites. In this case the provisions of the contract shall be cancelled otherwise and are replaced by the corresponding dispoziţiuni of this code.
Article 8 of the collective bargaining agreements shall enter into force on the date of their dela.
Article 9 collective bargaining agreements and their validity shall remain within the period specified, regardless of the changes that would occur in the ' organization of the enterprise or institution with which were concluded and irrespective of the changes that have been ' would produce on the respective patrimony.
When a unit of an establishment which has concluded collective labour contract will be adjusted to the new situation.
Article 10 extension of collective work on a new term, as well as any amendment or supplement that permeates through the understanding of the parties in the course of execution of the contract shall be made in the rigid conditions of art. 7 or 8 of this code.
Article 11 Trade Union Bodies, and oversees the administration of the respective units carrying out collective labor contracts.
Chapter 3 article 12 employment contracts Labour Contract is written or verbal understanding under which a part-time employee-undertakes to provide work, another party-the one who ' engage in exchange of remuneration.
The employment contract shall be terminated if there are independent or not a collective agreement.
Article 13 employment contract can be incheat: the major);
b) indefinite duration;
c) for the performance of a work.
Article 14 with a view to definitive engagement will be able to grant the candidate a test period, which shall not be more than 6 days to 12 days for workers, officials and 30 days for those to be employed in functions.
After this trial period and in relation to the results considerably, the candidate will be hired or not. If the candidate will not be committed, i will pay for the time worked by an amount corresponding to the salary from the tariff set for the function pointer to the candidate.
Article 15 the employee will not be able to ask to provide a work which may not correspond to that for which the employee or that clearly puts the life or health threatening.
If there's a temporary opportunity to give the employee work for which he was hired, i will be able to be trusted with another work by taking into account its qualification.
Exceptionally for the prevention of danger threatening the operation of the unit to which the employee or threaten a person's life, it will be able to trust the employee even an improper work of his qualifications.
In such cases, the employee's salary will be reduced; they will be increased if the work was entrusted on a temporary basis is provided for in the tariff wage indicator with a higher salary.
Article 16 the employee will be able to be transferred from one undertaking to another or from one locality to another.
In the latter case he will receive the actual expenditure of transport both for him and for his family and his household, as well as an allowance, equivalent on 14 days, calculated on the average daily win per the last 3 months.
If the employee does not consent to this transfer, the employment contract can be terminated with notice of 14 days, the one who commits.
Article 17 in the interests of the service, you can delegate employee will be on a temporary basis to another municipality or to another institution undertaking times. The delegation will not be able to be on a date more than 60 days. When delegtia exceeds 60 days, she turns in the detachment.
Employee rights for both delegation and detaching as the length of the posting shall regulate by the decision of the Council of Ministers.
Article 18 the employment contract is terminated: Agreement);
b) expiry or the completion of the work for which it is concluded;
c) at the request of the parties, in cases where the law allows.
Article 19 the employee may ask for justified reasons for termination of employment for an indefinite period. The one who commits it is obliged to deal with that request within 14 days after receiving them.
Article 20 contracts of employment concluded indefinitely, and that ended on a definite duration can be extended at the request of that employ when: a) the unit that fully or partially validated;
b) reduces its activity;
c) ceased for a period longer than one month;
d) does not correspond to what the employee on duty was entrusted;
the employee does not meet the e) systematically what the obligations of the contract of employment or the rules of procedure;
f) employee is convicted of a criminal offence punishable by law if this deed is connected with his work and makes its work improperly;
g) employee find themselves arrested more than two months;
h) the employee is absent from work for more than three months due to the loss of his work capacity;
I) employed missing at work more than three months after the expiry of the leave provided for in art. 90 due to the loss of his work capacity, following a pregnancy or births;
j) in function of the employee is reinstated by Justice employee who previously held that function.
Article 21 severance for cases provided for by art. 20: a) by Comisiunea for dispute resolution for cases referred to in the letters d, e, f, and g;
(b)) by one who committed for other cases, announcing in writing on the employee. Concediatul can be found in the Commission for the settlement of disputes;
(c) administrative bodies) of hierarchical for all cases when refers to employees who handle the functions of liability;
d) by Justice for all cases when refers to employees in the private sector.
Termination of employment of workers who are members of Trade Union Organizations, Committees shall be made by the bodies referred to in the preceding paragraphs, with the favourable opinion of the Trade Union Committees of which they are part.
Article 22 the one who commits it is obliged to release employees from leaving the service carenetul of work and employee payroll completed the day with all the information required in accordance with the decisions of the Council of Ministers.
Also at the request of the employees shall be issued and certificates relating to the behaviour which had it in labour time.
Article 23 the employment contract shall be considered extended indefinitely at the same conditions, if employment relationships continue and after expiry.
Chapter 4 Regulations of procedure article 24 procedure regulations establishes the Organization and discipline in the unit.
It must contain precise and clear dispoziţiuni the far bonds those employees and those who employ. The regulation will be brought to the attention of all those working in the unit. It becomes obligatory for employees and for those who employ from the moment his display.
Article 25 ministries agreed with the trade unions concerned will draw up regulations type of procedure. Those who undertake to agree with the trade-union committees, will complement these regulations specific to their respective units with dispoziţiunile.
For the units established by the Presidium of the great National Assembly will draw up disciplinary statutes.
Article 26 Regulations of procedure may not contravene the law and collective labour contract concluded.
Production rules Chapter 5 article 27 ministries, agreed with the trade unions concerned, shall lay down the rules work for every branch of production, function and, dropping the quantity and quality of production or operations that must be carried out by employees in a time determined in normal working conditions.
The adjustment rules can be done by law enforcement that we have established in the cases when: a) discovers in the production process of calculation errors in parts;
b) are inserted into production new measures rationing of labor and improvement of technological process.
Once established rules may not be changed except with the approval of the Council of Ministers.
Article 28 the employee that his fault does not meet the norm will be paid for work in relation to the quantity and quality of products.
Failure to comply with article 29 working rule When there is due to the employee's guilt, it will receive at least 2/3 of the salary of the tariff even indicator when there was executed 2/3 rule work.
If the default rule originated because of cessation of work, remuneration of the employee shall be regulated pursuant to article. 45. Article 30 If the fault lies with the employee rejects occur, labour will not retribui.
If the fault occurs the employee rejects partial labour will retribui in relation to any reduction in the value of products, without being able to go down below 1/2 of the tariff salary of the indicator.
If the employee's fault without producing waste, labour will be retribui by at least 2/3 of the salary of the tariff indicator.
If the fault occurs without the employee rejects partial labour will retribui in relation to the reduction of the value of products, without being able to go down to below 2/3 of the salary of the tariff indicator.
Article 31 If the scrap coming without the employee's fault because of the raw material, its work will be paid for in full when he announced the Administration's earlier work in which he found rebutul.
When scrap are discovered after acceptance, the employee will work retribui in full, if scrap were produced without fault.
Article 32 If neideplinirea rule or if it rejects occur without fault of the employee during the determination of a trade, labour will be retribui in full according to the tariff from wage indicator.
Chapter 6 Remuneration Article 33 For fulfilment of obligations from the contract of employment, workers and civil servants are entitled to a salary which is determined in relation to the quality and quantity of work what a meet, according to indicators of professional qualification and wage tariffs established by the decision of the Council of Ministers.
The call will pay an equal pay without having to make any distinction of age, sex or nationality.
Article 34 payment for work will be done after the period, either in the agreement or by piece.
Article 35 in the regular payment, payment for the work will be done after the period of time worked, with month, day or time.
Regular payroll system with the Moon, the pay shall take into account the number of working days in the month.
Regular payroll system with the salary payment day, account shall be taken of the number of days worked during the month.
Regular payroll system with time, it will take into account the number of hours worked during a day or a month.
Article 36 retributiei Amount for the unit or piece shall be determined dividing the salary of the tariff fixed indicator on a timetable for the Professional category that the norm of work attached to the same time frame.
Article 37 of the preparatory work For the time needed to carry out the labor agreement, employees will be paid with a retributie whose amount is determined for each occupational category, by decision of the Council of Ministers.
Article 38 for performing jobs that require special knowledge or training, the employees are entitled to a salary fixed for that work, even if you don't have titles or proper evidence.
Article 39 employees will be able to receive in addition to the salary of the tariff and the pointer Awards, under conditions to be determined by the decision of the Council of Ministers.
Article 40 payment of wages will be done periodically, at intervals may not exceed two weeks.
Article 41 Salary will pay in cash. In exceptional cases it is possible to pay and in nature, but only partially according to dispoziţiunilor to be set.
Article 42 Salary will be able to pay before or after work. He won't be able to pay during the hours of work or days fixed by the present code or by special dispoziţiuni as rest days.
Article 43 in the case of the dissolution of the employment contract by or at the request of one who engages the appropriate duties, the employee shall be done on the day of termination of the employment contract.
In the case of the dissolution of the contract at the request of the employee, the duties due will be made within one day from the way of satisfying the demand.
For each day of delay, from the foregoing paragraphs shown in the time limits, the employee is entitled to compensation equal to 1,900.
Article 44 where the one who committed does not recognize rights in hand, than claimed, he is obliged to pay the employee the amount necontestata, within an art show at. 43. the contested Amounts will be determined by the courts provided for in chapter II. XVI of the code.
Article 45 hours not worked during the cessation of work without fault of the employee, the payment will be calculated at 1,900:50% in light industry, and 75% in heavy industry, and Cf R hours not worked during the cessation of work because of the employee shall not be paid.
Article 46 In cases when exercising voting rights has during office hours, the time used by the employee for voting will be paid with 1,900 laid down for the category in which the employee has been employed.
Article 47 hours not worked by the employees elected to participate in congresses, conferences or Adunri convened by State bodies or organizations, as well as hours not worked for employees called in without justice as witnesses or experts will pay during the time required for the exercise of the tasks received, with 1,900 daily of the last 3 months.
Article 48 employee Rights called for military service, concentration or mobilization, to be determined by the decision of the Council of Ministers.
Chapter 7 working time in article 49 the normal duration of working time is 8 hours per day.
By the decision of the Council of Ministers, on a proposal from the General date Confederation of labor, agreed with ministries will be able to establish, in special cases, for certain occupational categories, job duration of less than 8 hours claimed by labour protection necessities, without thereby shall lead a drop in salary.
By decisions of ministries of resort, agreed with the trade unions concerned, shall determine the classes of employees with great technical or administrative liability in respect of whose work is not limited to working time of eight hours.
Article 50 the length of night work is fixed to 7 hours, without thereby bring a drop in wages.
In this case, the calculation of employees an hour will determine the appropriate salary divided by the number of hours during the day, the number of hours worked.
Salary per hour and thus established will serve to calculate the remuneration of labour in the provision of this agreement.
In undertakings where working in 3 shifts, the duration of night work will be equal to those of day, paying the employee a raise by 15% on the salary from the payroll, for night work.
Night work is the one that counts takes place between 22 and 23 and 6 and 7.
Article 51 during the work day will be given a rest for the employees table.
Rest time is not included in the duration of employment.
Article 52 In the units they can interrupt the normal work, the rest will be given after the first four hours of work.
Duration of rest shall be at least 1/2 hour and not more than an hour, employees can at this time to deplasese in and out of the workplace.
Article 53 In establishments in which work cannot be interrupted, it allows employees to dine during the service.
Article 54 When the unit is working in 3 shifts duration of rest and repairs and rest between shifts shall be established by the Supervisory Board agree with the trade union organization, without being able to fix for each Exchange for a period of rest of less than 15 minutes.
Teams that succeed will work in shifts during the day work the number of hours set for the Professional category.
Replace exchanges in the wee hours and generally laid down in the internal regulations.
Article 56 Hour when it starts, and when time runs out during work and rest time established by internal regulations.
Article 57 the work will be done in the hours set for each of the branches.
Overtime shall only be made with the prior approval of the competent Ministries, in agreement with trade unions, within the framework of the planned fund payroll, without being able to exceed 120 hours annually and 4 hours weekly for each employee.
He who commits will depend on the availability of performing overtime without prior approval required by paragraph 2, only for the following works: a) for defending the country or prevent disasters and hazards;
b) for removing unexpected circumstances that would cause harm which translates into good sanitation services, lighting, water supply, postal, Telegraph, telephone or other communication routes.
c) to overcome the disruptions or delays that could bring damage to machinery or material.
d) for repair or restoration devices or installations where the fault causing the termination of their work a great number of employees.
Article 58 Those who employ special ledgers will hold with overtime which will indicate, for each employee in part time when she started working and the time when work ended, and the amount of money to him.
Article 59 In overtime will not be able to be called both under 18, pregnant women and lactating women.
Article 60 For time not worked due to the delay or the employees ' work, absentarii dela will not be able to make compensation by extra work overtime.
Chapter 8 rest time Article 61 during a week, employees are entitled to an uninterrupted rest of at least 24 hours.
Valentines day is fixed on Sunday as the weekly rest day.
For employees who due to working conditions cannot benefit from the day of Sunday as a day of rest, will lay down in its rules of procedure, for the rest, another during the day, the week.
Also the rules of procedure will fix the rotating rest days for workers in establishments that operate without interruption.
Ministry through the managerial decision, agreed with the trade unions concerned, shall determine which units according to the character of their activities, working without interruption.
Article 62 by the decision of the Council of Ministers shall establish public holidays in that it will not work.
Where, for the reasons set out in paragraphs 3 and 4 of article 3. 61, employees will not qualify for the statutory public holidays, they will receive other rest days to be fixed by those who agree to undertake Trade Union Committee.
Article 63 Employees who have performed work in a continuous way 11 months, are entitled to an annual paid leave up to 24 working days.
These categories of workers, to be determined through a decision of the Council of Ministers upon proposal of the General Confederation of labor.
For keeping up to 18 years maximum duration of leave is 18 working days.
For employees whose work is nenormata, the duration of leave is 24 working days.
Employees with seniority in a continuous employment are entitled to a paid annual leave up to 24 working days, in relation to this. The duration of the leave is determined by the decision of the Council of Ministers upon proposal of the General Confederation of labor.
The payment of the rest of the leave is calculated after 1,900 achieved over the last 12 months and must be paid in advance.
Article 64 the administration won't be able to retain employees to benefit from the right to rest established by law.
Prior to the application of the binding, the Minister agreed with the trade unions concerned, will be able to approve on a case by case basis for reasons of cash compensation to supporting such leave to employees consenting to it.
Young employees leave up to 18 years will not be in any stinks the case compensated in money.
Article 65 of the agreement with the Administration's Trade Union Committee, taking into account the proper conduct of the business unit concerned and of the interests of employees will schedule throughout the year their vacations.
Article 66 leaves disease, pregnancy, childbirth, or caring for sick children less than 2 years old, does not include annual leave.
Chapter 9 liability and compensation Article 67 Employees are liable for damage to the units concerned, in connection with their work.
Article 68 if the damage has been pricinuită by the negligence or in breach of the regulations of procedure, the amount of compensation will be able to climb up to the value of the products, without damage could exceed the amount of net salary from the last 3 months.
If the damage has been pricinuită data in reservation of property, the amount of compensation will be equal to the amount of damages.
In cases when the damage is pricinuită following a criminal facts, the amount of compensation will be equal to the replacement value of assets, calculated at the price of the market, which may be increased up to indoitul it.
Article 69 the finding and fixing of the amount of material damage, as well as the disposal of retention amounts in question shall be made not later than 30 days: a) from discovering it, by one who committed when they were inflicted in the rigid conditions of art. 68, al;
(b)) of the date by the work dispute resolution, when there were disruptions in the rigid conditions of art. 68, II;
(c)) of the date of the Justice, when there were disruptions pursuant to article. 68, paragraphs 1 and 2. III, and all cases when the damages were caused by private sector employees.
Article 70 if the employee careuia i incur harm in accordance with art. 69 lit. He did not recognize the legality of the establishment, or the size of the amount fixed, he is entitled to the settlement of the dispute to the Commission for dispute resolution work.
Article 71 Amount definitively established for claims it will withhold from any amount that the employee should be made on the part of him that is hired, as well as salary in monthly installments.
These rates will not be larger than 1/3 of the net monthly tariff wage, without being able to overcome together with other deductions that they would have the employee, 1/2 of this salary.
If the employment contract breaks before being covered damage, the employee will be pursued both his personal wealth and the potential salary or what it would receive in a function, after the rules laid down in the preceding paragraphs.
Article 72 in no event will not pass the responsibility of damages which occur to employees from the risk of normal service.
Article 73 where the contract of employment on fixed term or an indefinite loosen rigid conditions of art. 20. a, b, c, d, and g, the employee is entitled to compensation equal to average a win or 14 days.
Article 74 an employee shall be entitled to payment of compensation in money for holiday time worked article. 64, para. II, credited in relation to environmental matters or on the previous 12 months.
Article 75 of the employees money, Rights arising from the employment contract, enjoy precedence compared to any other debts of him who commits.
Article 76 provides that employees who work for clothing or footwear follows quickly will receive partial or total expenses of the one who hired him, clothing or shoes required.
Lists of professions and rules of distribution and use of sportswear and footwear will be established by decisions of competent Ministries, agreed with the trade unions concerned.
Article 77 if the employee working on the unit with the instruments or tools which are his personal property, he shall be entitled to compensation equivalent to their depreciation.
78 of Chapter 10 Are apprentices who learn a profession in vocational schools and workshops, as well as those who adhere to individually craft working in production under the direction of qualified persons.
Article 79 vocational training of apprentices is determined by the Minister agreed with the trade unions concerned.
Ministries will set up under the auspices of enterprise qualification courses, retraining and further training of operating conditions which will be laid down by the decision.
Units will make it easier for employees to attend evening schools.
Article 80 the general plan for the training of apprentices is determined by the Ministry of labour and Social Provisions, agreeing with the General Confederation of labor.
The number of apprentices to be prepared annually for State-owned enterprises, shall be determined by the Minister, in relation to the training of personnel.
Article 81 the disciples will not be intrebuinatati than only at work which have direct connection with the craft that you teach.
The leadership of enterprises will facilitate and oversee the disciples to follow regular training courses.
Rights and duties of the disciples and those who committed them, will be established by decision of the Ministry of labour and Social Provisions, agreeing with the General Confederation of labor.
Article 83 the Ministry of labor and Social Provisions, together with the General Confederation of labor, will exercise control and supervision of the application of measures of protection stipulated by law for apprentices.
Chapter 11 Work young people and women in article 84 shall have the same rights as the keeping and elders regarding the conclusion and performance of the contract of employment.
Parents, guardians and institutions that are entrusted with the supervision and compliance with labour protection laws, may ask for termination of employment, when its continuation threatens the health of the young person, or when it becomes harmful to the latter.
Article 85 Keeping may not be assigned to perform night work, except in the production sectors will be established by decision of the Ministry of health and Social Provisions, agreed with the Ministry of health and the General Confederation of labor and only if they have reached the age of 16.
Article 86 Keeping under 14 years of age may not be employed in work. Keeping between 14-16 years of age may be employed with the consent of the legal representatives and with medical advice.
Article 87 the duration of working time of young between 14-16 years of age, is set at 6 hours per day, without thereby make a decrease over the salary due for the occupational category in which they were engaged.
Article 88 the pregnant women, nursing, or those suffering, as well as keeping under 16 years may not be employed in heavy work and the damaging health.
Page through the Council of Ministers, on a proposal from the Ministry of labour and Social Provisions, agreed with the Ministry of health and the General Confederation of labor, shall establish the list of heavy jobs and those harmful to health.
Article 89 pregnant women who work as heavy work will be assigned to other work lighter, without thereby to drop salary.
Also, since the sixth, pregnant women will not be sent to delegations other than with their consent.
Article 91 pregnant women since the sixth, as well as the nursing may not be assigned to perform night work.
Article 92 in addition rest mass and the rest will be given to women and children for breastfeeding breaks.
The duration of breaks and times when to be granted shall be determined by regulations of procedure without exceeding 3 hours between breaks and 1/2 hour for a breastfeeding.
The duration of these breaks shall be included in the normal working time.
Article 93 women employed who have sick children, less than two years, will be awarded, with medical advice, care for their holidays, which are not included in annual leave.
Article 94 All units will take measures to create the necessary conditions for protection at work, through the provision of safety and hygiene in the work.
No unit will not be able to start the work and will not be able to move in whole or in part to another without prior approval of Technical Inspection for safety and Sanitary Inspection by the State.
Article 95 Those who employ, will make available to employees who work in harmful work, high temperature or too low, as well as those working in special conditions of moisture, dirt times protective gear.
Providing employees with work-related poisoning danger will give antidotes.
The cost of the equipment and of appropriate antidotes, shall be borne by the unit.
Lists of antidotes, equipment protection, as well as their respective professions, to be determined by the decisions of Prosecutors, agreed with resor Confederation General of labor.
General Labor Confederation to participate directly in the Organization of the control and supervision of the measures to be taken with regard to the protection of labour, in accordance with the law in force for the protection of labour.
Chapter 13 professional unions, Article 96 professional Unions are constituted and operate in accordance with the law on the organisation of trade unions.
Article 97 Units will provide all necessary assistance to trade union activities, providing at the same time free of charge at the disposal of the Committee for enterprise or institution, premises, furniture and lighting.
Article 98 Trade Union general assemblies, assemblies of Union delegates, as well as meetings of committees of trade unions or works councils, the institution will be times you out of working time.
In the course of their work, will be able to keep such gatherings or meetings, only in exceptional cases and only with the approval of the respective administration.
Article 99 Administration will communicate to the respective trade union committees, employing what is to be made.
Trade Union committees will be able to make objections within 3 days following the communication, the new employees, if such commitments are made in contravention of the legal dispoziţiunilor.
Article 100 For carrying out the tasks of trade unions, will be able to take out of production, with activists needed to approve a binding.
Article 101 Activists removed from production for carrying out the tasks of trade unions receive salary from the Union's budget, taking into account that it is not less than the salary of the previous tariff removal indicator of production.
Article 102 tasks after Administration of trade unions, is required to provide the employee removed from production work, equivalent to the one that took it above its removal from production.
Chapter 14 social security social security Article 103 workers and officials shall be made by the State Social Insurance, which operates within the trade unions.
Organizing, directing, guiding and controlling the activity of the State social insurance shall be made by the General Confederation of labor, through the National Social Security Council.
Article 104 shall extend to the social insurance all employees providing work in State bodies and institutions, enterprises and economic organizations of the State, cooperative organizations and public character, the natural persons or legal entities that use private-sector employment, regardless of whether they are permanent or temporary employees and their family members nesalariati.
Article 105 social security measures is done by providing material assistance in case of temporary loss of capacity for work (illness, accidents, births, family member's care to the sick, death grants), through the granting of pensions in case of invalidity, old age or loss of the breadwinner and sending the rest to workers and officials.
State social insurance supports actions to improve the conditions of life of employees in respect of safety and hygiene at work.
Article 106 to organise social security insurance contributions are established shall be fixed by decision of the General Confederation of labour in relation to the kinds of work and the danger it presents the very top of the provision.
Insurance contributions are the responsibility of those who committed and cannot be withheld from employees ' salaries.
Article 107 non-payment of membership fees range from no employees to benefit from the aid materials shall be yours; It draws the majority of the amounts due, as well as punish those culprits, according to the criminal law, the amount of these increases will be determined by the decision of the Council of Ministers, upon proposal of the General Confederation, date of the work.
Article 108 the conditions for granting pensions and material, the amount and the procedure for their establishment will be determined by decisions made by the General Confederation of labour, approved by the Council of Ministers.
Article 109 Preparation of the works regarding the determination and payment of pension rights, the Ministry of labour in cooperation with the General Confederation of labor.
Article 110 medical care to employees and their family members nesalariati is in charge of the Health Ministry.
Chapter 15 temporary employment Obligations in article 111 of the Romanian people's Republic Citizens in exceptional cases, for warning and fight against natural disasters and to cover the lack of arms, in order to execute the important tasks of the State, they may be called upon to conduct certain temporary bonds.
The call to the temporary employment obligations is done during the determined by the decision of the Council of Ministers.
Article 112 of law are exempted from the obligations of work: temporary) keeping under 16 years.
b) women over 45 years of age;
c) pregnant women and those nursing;
d) women who have children under 8 years of age, if you don't have someone to care for them;
It's over 50 years old) men;
f) persons who as a result of illness or accident and lost working capacity, necessary for the restoration of their health;
g) or invalids of the war from Article 113 in conjunction with certain temporary employment obligations, will be established by decision of the Council of Ministers and other exceptions to the obligations under article 4. 112, in relation to health and family situation of the cetatenior, as well as with the character of the work and the conditions of life in which it is being rendered.
Chapter 16 labour Jurisdiction Article 114
Disputes arising from the establishment and application of condiţiunilor work are prescribed by law, collective agreement, employment contract or the rules of procedure by deciding: comisiunile for the settlement of disputes);
b) ordinary courts;
c) hierarchical administrative organs.
Article 115 the compentinta dispute resolution committees;
the litiigiile they are) given expressly by law;
b) any other workplace disputes, between the employees and the respective unit if the employees so request.
Article 116 am competinţa ordinary courts: a) data which are not disputes expressly by laws, the competinţa dispute resolution committees or administrative bodies with hierarchical;
b) disputes which have undergone comisiunilor for dispute resolution, but that could not be settled through the agreement of the Commission, in accordance with art. 123. c) labor disputes in relation to the criminal facts;
d) litiigiile in the private sector.
Article 117 are hierarchical administrative organs: competinţa a) disputes arising from contracts of employment or undoing the reintegration of employees who occupied responsible positions;
(b) complaints relating to penalties), with the exception of those relating to the dissolution of employment contracts as a disciplinary measure, for the acts provided for in art. 20. e. Article 118 Referral Commission for dispute resolution work can be done within a period of not more than 3 months.
I. De la communication, by employees in cases where: (a) contracts for the sale,) work by those who employ, for the conduct referred to in article 1. 20 points: a, b, c, h, i, and j;
b) finding the damage and putting the provision of retention amounts fixed by those who employ, for the acts provided for in art. 69. a. II. From the finding of facts by those who undertake to: a) dissolution of employment contracts in cases of prevazutute of art. 20. d, e, f, and g;
b) Contracting damage and putting the provision for forfeiture of the corresponding amounts in the cases provided for by art. 69. b. in the same period, reckoned from the appearance of the case giving rise to the dispute and work for all other disputes and litigation all other work of employees and those who commissioned, where employees have chosen this path.
For the amounts withheld and for any amounts from overtime and from which other times what are yours from those who hire, employees may refer the matter to the Commission for the settlement of the litiigiilor work, within one year from the date when such payments were to be made.
Article 119 of the Popular Court Referral stakeholders from the private sector, can be done within a period of at least 3 months for: a) dissolution of employment contracts;
b) finding the damage and putting the provision of retention amounts.
For the amounts due, both in overtime, and any other rights what are protected from those who undertake private sector workers will be able to refer the matter to Court Popular within 1 year.
Article 120 hierarchical administrative organs of Referral by employees who occupy responsible positions, can be done within a period of not less than 3 months: a) from comunicaera in cases of contracts for the acts provided for in art. 20;
b) reintegration, to resolve disputes what are born from their reintegration.
Article 121 dispute resolution Committees work operates within units of the socialist sector.
They consist of an equal number of representatives of the Administration and the Trade Union Committee of the enterprise or institution.
The number of members of the commissions for dispute resolution work is fixed by your agreed with the Management Committee of the trade unions.
Members of the Commission for the settlement of disputes through job rotation and fulfil the function of President and Secretary.
Functions of Chairperson and Secretary cannot be accomplished at the same time of the members representing the same party.
Article 122 Comisiunile for the settlement of disputes will resolve the causes that brought towards problem-solving, not later than 5 days from notification, citing the deadline both administration and employees.
Comisiunilor meetings for dispute resolution will keep on the premises of the undertaking besides working hours.
Article 123 shall take Decisions by common agreement of the reprezenantilor Trade Union Committee and administration of the enterprise or institution. They shall be recorded in minutes what was communicated to the parties within 3 days of delivery.
Decisions are enforceable.
Article 124 In against these decisions on stakeholders can appeal to the Court of the registered office of the undertaking's popular within 10 days of the notification of the decision. The appeal shall be declared in writing or orally to the Commission for dispute resolution that passed judgement.
That unit will be able to ask for suspension of the execution of the judgement handed down by the Commission for dispute resolution work, only after the amount recorded was convicted. Popular Court will cancel the decision appealed against and shall judge the Fund if:) it is generally worse job of employees compared with dispoziţiunile employees work towards dispoziţiunile law, deciziunilor or reglulamentelor;
b) through it violates dispoziţiunile regarding the composition, procedure or competinţa panels for dispute resolution work, if this violation of the Fund's influence the judgement.
c actually) are found in the same investigation a court or has been resolved, either in front of the Commission's dispute resolution work, either in the courts.
d) this ' taking into account false or misleading testimony acts recorded by final court decisions.
Article 125 Hotărîririle hierarchical administrative bodies may be appealed administratively to the front of the upper bodies, in order of their discovery.
Article 126 in the case when the Commission dispute resolution there was reached an agreement on the solution of the dispute, the interested party will be able to have recourse to Court proceedings in Popular for no later than 15 days after the communication.
Article 127 folk Court judge after the procedure, within five days from notification.
The books of the Court shall be communicated to the parties that may appeal to the Tribunal within 15 days after the communication.
An appeal shall not suspend the execution of the judgment, handed down cards in favor of employees than for the amounts of money which compete from wage amount indicator monthly tariff.
The Tribunal will settle in particular appeals entered in this matter.
Article 128 Research employees before any organs or courts in connection with employment dispute resolution and enforcement of judgments given in the case, may be made in writing or verbally.
These requests, as well as all acts of procedure are exempt from any kind of fees or taxes.
Chapter 17 Dispoziţiuni common, transitional and dinale Article 129 Dispoziţiunile this code does not apply to the military.
Article 130 through the decisions of the Council of Ministers shall establish special conditions of employment and work for employees providing seasonal, temporary work, construction, forestry, farming, and in any other fields being exeptiuni from the dispoziţiunile of this code.
Article 131 through the decisions of the Council of Ministers will be able to expand on certain dispoziţiuni the provision of temporary bonds.
Article 132 the term "units" means the bodies and State institutions, enterprises and economic organizations of the State, cooperative organizations and public character, and individuals or legal entities private sector.
Article 133 length of uninterrupted work is considered when the employee: a), military service is focused or is mobilized;
b) performs a service eligible;
c) is transferred from one establishment to another socialist sector;
d) is a school in the school of vocational training;
e) discontinued service due to the winding-up or move the unit to another location, if the interruption shall not exceed 30 days;
f) moving to follow the husband or the wife in another locality, without pausing to to exceed 30 days;
g) find themselves in a State of temporary disability.
Article 134 by the decision of the Council of Ministers, on a proposal from the Ministry of labour and Social Provisions, agreeing with the General Confederation of labor, shall lay down the consequences of liability within the meaning of this code.
Article 135 Through environmental gain means the amount obtained by adding the salary of the tariff, all indicator of a permanent employee on a given time divided by the number of days or hours contained in time.
Besides the cases when Code provides otherwise, in calculating the gain medium what it pays for 12 or more days, it will take into account the employee's 1,900 of the last 12 days, it will take into account the 1,900 since last month.
If the employee has not worked in a unit time prescribed by law for the purpose of calculating the average gain to him, it will take into account the gains that totaled at his entry into service and up to date when i pay to win respectively.
Article 136 Dispoziţiunile art. 102, shall also apply to the members of the Grand National Assembly, the members elected to the posts of State administration eligible, as well as Ministers, Deputy Ministers and counselors at ministriali, their term of Office.
The same also applies to dispoziţiune and employees called for military service, mobilization, concentration or to leave them at the hearth Article 137 of the General Confederation of Labour's decision, published in Official Gazette No. 17 of 23 February 1950, based on the date, on the basis of this code.
Article 138 Commissions for dispute resolution work, referred to in art. 114, will take being within 3 months after the entry into force of the code on the face. Disputes pending before the boards of trade unions and arbitration or research which will crop up until the establishment of the commissions referred to in this code, it will settle after the law on the Organization of labor jurisdiction, republished in Official Gazette No. 132 bis on 9 June 1948.
The causes of the remaining nejudecate on expiry of the period referred to in (1) shall be sent to the resolution of the Court of the domicile of the defendant.
Article 139 the law on contracts of employment of 5 April 1929, law No. 711 of 6 September 1946 for labour jurisdiction (republished in Official Gazette No. 132 bis on 9 June 1948), dispoziţiunile of law No. 10 of 1 January 1949 for State social insurance organization with the exception of art. 16-23 including, art. and article 25. 27, relating to disability, old age and survivors pension in case of loss of the breadwinner, Decree No. 29 of 29 January 1949 to regulate the rights and duties of employees and administrative technical personnel management institutions and State enterprises and cooperatives of any kind, and all dispoziţiunile from law, contrary to the code, is repealed.
This law was voted by the National Assembly sitting on May 30, 1950 and was approved unanimously by the treisutepatruzeci and three votes.
President, Secretary, Eliza Mujic Magz (L. S. M. Ad. We conclude that law) and we have her in the Official Gazette publication. Given in Bucharest on 30 May 1950.
President of the great National Assembly, Prof. Dr. C.I. 1961 Grand National Assembly Presidium Secretary, MARIN FLOREA IONESCU — — — — — — — — — — — — — — — — — —