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Law No. 1 Of 26 March 1970 The Organization And Labour Discipline In The Socialist State Units

Original Language Title:  LEGE nr. 1 din 26 martie 1970 organizării şi disciplinei muncii în unităţile socialiste de stat

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LEGE no. 1 1 of 26 March 1970 the organization and discipline of labor in the socialist state units
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL MONITOR no. 27 27 of 27 March 1970



+ Chapter 1 + Article 1 The governing bodies of the state socialist units-from industry, agriculture, construction, transport, movement of goods, scientific research and other branches of economy-respond to the state and to the collective of employees within them for the judicious organization of the entire activity for the integrity of the public property and the good management of the material and monetary funds, for the adoption of the necessary measures in order to complete and timely tasks of the plan, to respect the principles and norms of the socialist discipline. These organs have the duty to ensure: a) thorough substantiation of the projects of production plans and work plans, creation of all the conditions for their realization, to increase the labor productivity and the efficiency of the entire activity; b) scientific organization of production and labor by establishing a rational organizational structure of the unit, distribution of all employees on jobs and specifying their duties and responsibilities, elaboration of labor norms technically substantiated, the exercise of a permanent and demanding control over the way of carrying out tasks; c) application of the conquests of advanced science and technique, modern working technology and methods, intensive use of the means of work, organization of technical assistance within each exchange and at all workplaces; d) assimilation in manufacturing of products with superior characteristics at the level of internationally achieved performances, continuous lifting of product quality; e) timely and good supply of all sections and working compartments with raw materials, materials, fuel and energy, compliance with the normal consumption of materials; f) rational use of the workforce, maintaining the number of employees at the level strictly necessary to carry out the tasks of the plan; raising the qualification of the cadres, increasing their stability, promoting them in relation to the preparation and merits in work. No employee can be removed from production outside the MAN deputies during sessions or other cases provided by law. The use of employees in the working hours for illegal production activities or service obligations is prohibited, outside the cases provided by law; g) ensuring proper working conditions; h) rigorous performance of the contracts concluded by the unit with regard to the delivery of products within the deadlines, assortments and quality provided, carrying out in good conditions the established works and services, compliance with the obligations assumed by cooperation and cooperation with other units; i) compliance and fulfilment of the commitments made by the unit through the collective agreement; j) carefully examining and taking into account all critical observations, suggestions and proposals for measures made by the employees of the unit at the general meeting or in other circumstances and the knowledge of the respective employees on how the issues raised were resolved. Depending on the profile, specifics and complexity of the tasks of each unit, its governing body prepares the organization and functioning regulations as well as-together with the union committee-the internal order regulation on the basis and in the application of the provisions + Article 2 The director shall ensure the operational management of the unit, bringing to fruition the decisions of the collective management body and the tasks established by the superior hierarchical body. The head of the unit has the duty to take all necessary measures, within the limits of his duties and according to the law, for the realization of the plan provisions, the good organization of production, the provision of appropriate working conditions, the activity of the + Article 3 With a view to the proper functioning of the socialist units, their activity is organized on the sections and workshops of production, supply, outlet and transport services, laboratories, maintenance workshops, sections and research sectors, functional services and other compartments. Chief engineers, heads of departments and workshops, service chiefs, heads of all work compartments have a duty to determine in time the tasks of the collectives they lead or coordinate, to provide the necessary technical assistance, strengthening the discipline in the work, elaboration and application of technical-organizational measures in order to fully fulfill the plan and improve the activity of the respective sectors. The Maistrii have the obligation to directly lead the production process, to ensure-for each job they respond to-the good organization of production and labor, the supply of raw materials, materials, tools and devices, the guidance proper technique, use and maintenance of machinery and machinery, compliance with order, judicious use by each employee of working time. + Chapter 2 + Article 4 With the employment in a state socialist unit, the employees become members of its labor collective and benefit, in accordance with the legal provisions, from the following rights: a) salary corresponding to the quantity and quality of work submitted, salary increases for work performed under special conditions, as well as other bonuses and allowances; b) weekly rest and annual paid rest leave; c) material aid, in the framework of state social insurance, in case of temporary incapacity for work, maternity, for the care of the sick child for the restoration and strengthening of health, for cases of death in the family; free and facilitation in case of referral to treatment in spa resorts; d) reduced working hours, if they work in harmful and dangerous conditions or if for health reasons the medical bodies prescribe such a program; e) state child benefit, the use of children's nurseries and kindergartens; f) appropriate conditions of protection of work, as well as-for women and young people-special protection measures; g) support and facilitation to improve professional training; h) to choose and be elected to the collective management body of the unit, to express their opinion on any problem of its activity, to participate in the general meeting of employees, to address the management body of the unit with proposals and suggestions, to request participation in meetings of the collective management body when considering the work of the sectors in which they work, to take cognizance of the characterization of their professional activity, made by the hierarchical heads; i) to refer to the higher hierarchical organ or to the labour jurisdiction body, in the case of measures it considers to be detrimental to the interests of the establishment or to personal rights; j) facilitation in obtaining a state property, as well as obtaining credits for the construction of a personal property; k) pension for the age limit or because of a disability. + Article 5 Employees have a duty to respect the order and discipline at work, to perform all their tasks according to the law, to the collective agreement and to their individual work contacts, to the regulation of organization and functioning of the unit, the internal order regulations, as well as the provisions of the governing bodies regarding the conduct of the activity The general duties of the employees are: a) compliance with the working hours and the full use of working time to fulfill the service obligations; b) the acquisition and observance of the established technological and labor process, the use of installations at the parameters provided in the technical documentation, the intensive use of all means of work, the rational use of raw materials and materials; c) the relentless lifting of the professional level in order to carry out the tasks of the plan, continuous improvement of the quality of products and works, increase of labor d) compliance with the labor protection norms, as well as those regarding the use of protective and working equipment, the prevention of fires or any other situations that could endanger the buildings, the facilities of the unit, or the life, the bodily integrity or health of persons; e) compliance with the regulations on the preservation of state secrecy; f) defense and good management of the socialist property, active participation in the analysis and debate of the general problems of the activity in the establishment, in order to continue its improvements; g) to have a correct behavior, to promote relations of self-help with all members of the working collective, to combat any kind of improper manifestations, to act in the spirit of communist attitude towards work and society. + Chapter 3 Activity in the same unit and uninterrupted seniority + Article 6 The employment contract shall be concluded in written form; it shall, to the extent necessary, materialize the rights and obligations of the parties provided by the law and the collective agreement. + Article 7 The employment contract is concluded for an indefinite period; according to the needs, the employment contract can be concluded and for a fixed duration. + Article 8 Uninterrupted seniority in the same unit has the employee who worked in a unit, on the basis of the same employment contract concluded for an indefinite period. It also has uninterrupted seniority in the same unit: a) the employee with an indefinite employment contract who worked in two or more units, as a result of his transfer in the interest of the service; b) the employee with fixed-term employment contract who worked every year, according to the needs of the service, at least 6 months in the same unit, or in different units where he passed in an organized manner, at the indication of a competent organ. + Article 9 The employee with an indefinite employment contract, who was within 90 days of the end of the reason for which he has not worked, benefits from uninterrupted seniority in the same unit in the following cases: a) has been sent to attend a school, a qualification, refresher or specialization course; b) has performed tasks of a permanent nature within the public organizations, with the approval of the competent body leader; c) has fulfilled an elective function, with a character of continuity, for which he received salary; d) was sent to work in an international organization; e) fulfilled military obligations or ceased activity as a military in permanent frameworks or as militarized personnel, under the conditions Decree no. 407/1958 ; f) his employment contract was opened by the unit because he was absent for more than 3 months from work, being in temporary incapacity for work, found by medical certificate; g) was released from a position which he occupied as a result of his appointment by the competent higher body; h) the employment contract was opened and it was subsequently established by the competent bodies that the reasons behind this measure were unfounded; i) ceased the activity due to the state of health, found by medical certificate, which made it necessary to change the job, if the unit could not provide it with another appropriate work; j) was retired for disability; k) one of the spouses follows the other, who was transferred in the interest of the service or moved together with the unit to another locality, was sent on a permanent mission abroad or to work in an international organization. Under the same conditions benefit from uninterrupted seniority in the same salaried unit that ceased the activity being pregnant or to raise a child until the age of 7. It benefits from uninterrupted seniority in the same unit the employee who has been terminated the employment contract due to the cessation of the activity of the unit; the reduction of the staff; the employee is no longer necessary to the unit without the reason or imputable to the employee; the reinstatement of the one referred to in letter h, if the one in question has reframed himself to work within 90 days from the date of the dissolution of the contract. The provisions of lit. a-f and from par. 2 of this Article shall apply if the employee has rejoined the same establishment or another unit, if the unit to which he has worked confirms in writing that it is not necessary for him. + Article 10 The following categories of employees shall be deemed to be uninterrupted at work: a) the employee who is in one of the situations provided in art. 8 8 and 9; b) the employee who transferred on request; c) the employee who ceased the activity and was reinstated within 90 days in another locality, in order to follow his husband who has the place of work in that locality; d) the one who was in a state unit within 90 days from the date of exit from a craft production cooperative in which he worked as a cooperative member-with the consent of the cooperative management-or from the date of termination of the activity as employed in another place of work than in a socialist unit. + Article 11 The transfer of employees from one unit to another takes place in the following situations: a) transfer in the interest of the service, which is granted-at the request of the unit where the employee is transferred-by the management of the unit from which he leaves, with the approval of his superior hierarchical body. In the case of transfer from a central institution or a unit of central status, their agreement shall be sufficient; b) the transfer at the request of the employee, which can be done only with the agreement of the unit from which he leaves and of the unit where he transfers, in well justified conditions, such as the proximity to the family, the transition into a work corresponding to his training, filling a post through the competition. The transition from one unit to another by the appointment act of the competent higher body constitutes transfer in the interest of the service. The employee switched to another unit as an effect of a merger or absorption, the division of the property of the unit or the detachment of a part of it shall also be regarded as a transfer in the interest of the service. + Chapter 4 + Article 12 Employees who carry out on time in good conditions their tasks and have an irreproachable conduct can receive, according to the legal provisions the following rewards: a) verbal or written thanks to the management of the governing bodies; b) highlighting in work; c) enrolment on the honor picture d) registration in the book of honor; e) orders, medals, honorary titles, honorary diplomas, badges and distinctive titles; f) the granting of steps or higher gradations to the tariff salary in accordance with the legal provisions; g) gratification and prizes; h) other rewards in money or other objects, free trips and other like, provided in the rules of the interior order, in the disciplinary status or in the collective agreement. The rewards provided in lit. d and e, granted to the employee, will be entered in his work card. For uninterrupted seniority in the same unit, employees receive a salary increase according to the law. In relation to seniority in work and uninterrupted seniority, employees benefit, as the case may be, from increasing the duration of rest leave, sickness and maternity aid, pensions, according to the law. + Article 13 The violation of guilt by employees-regardless of the function that occupies it-of their labor obligations, including the norms of behavior, is sanctioned, as the case may be: a) reprimand; b) warning; c) withdrawal of one or more gradations or salary steps for a period of 1-3 months or, in the case of those with salary at the basic level, diminishing it by 5-10 percent over the same period; d) relegation to function or category-within the same profession-for the duration of 1, 2 or 3 months; e) disciplinary dissolution of the employment contract. When establishing the sanction will take into account the causes and gravity of the deed the circumstances in which it was enjoyed, the degree of guilt of the employee, if he had other deviations in the past, as well as the consequences of the deviation. Disciplinary sanction applies only after prior investigation of the act constituting misconduct, listening to the employee and verifying the claims made by him in defence. The disciplinary sanction can be established and will have to be communicated in writing to the employee no later than 30 days from the date when the one in law to apply it became aware of the enjoyment of the deviation; the application of the sanction will not be possible months from the date of the deviation of the deviation. + Article 14 Disciplinary sanction shall be determined by the collective body or the director of the establishment Sanctions provided for in art. 13 lit. a and b can also be applied by foremen, as well as by the heads of some compartments in the unit, according to the internal order regulation. For employees appointed by the superior hierarchical body, the disciplinary sanction applies to that organ. For employees appointed with the approval of the superior hierarchical body or the collective management body in the unit, the dissolution of the employment contract provided for in art. 13 lit. e is done with the approval of these organs + Article 15 Criminal or material liability or the application of an obsteasca influence measure do not exclude disciplinary liability for the act enjoyed, if this has also violated labor obligations. In establishing the disciplinary sanction provided for in art. 13 lit. c it will also be taken into account if a fine has been imposed for the breach of duty. + Article 16 If the unit made criminal complaint against an employee or he was sent to trial for criminal acts, incompatible with the position held, the management of the unit will suspend him from office. During the suspension the salary rights are not paid. + Article 17 In case of finding the innocence of the employee sanctioned according to art. 13 or suspended from office according to art. 16, he is entitled to an indemnity equal to the part of the salary he was deprived of. If during the period of suspension from office, the sanctioned one occupied another post as an employee, the compensation will be reduced by the salary received during this period. + Article 18 Against disciplinary sanction, the sanctioned one may make the complaint, in writing, within 15 days of the communication of the sanction. The complaint against disciplinary sanction shall be settled, within 30 days, by: a) the person occupying the hierarchical office immediately superior to the one who applied the sanction b) the collective management body for the sanction applied by the head of the unit c) the immediately superior hierarchical body, for the sanction applied by the collective management body of the unit; d) the court, if the sanction consists in the disciplinary dissolution of the employment contract. Decisions rendered by those referred to in par. 2 are final. + Article 19 The disciplinary sanction imposed on an employee-except for the dissolution of the employment contract-is considered not to have been taken if for one year after its execution the employee has not enjoyed another misconduct. Before the expiry of the term of one year, but not earlier than 6 months from the date of execution of the sanction, the head of the unit may order, if the employee has not enjoyed during this period any deviation, having a good behavior, as a sanction applied to be considered not to have been taken. + Article 20 If the innocence of the sanctioned employee was found, persons who in bad faith applied or determined the application of a disciplinary sanction respond to disciplinary, material and, after criminal case. + Article 21 The unit that sends an employee to a school, refresher course or specialization, with removal from production, or organizes, according to the law, training courses or lifting the qualification at work, will conclude with the respective employee an addendum to the employment contract, in which the following will have to be provided for: a) the obligation of the unit to bear partially or fully, under the law, the expenses for the training of the employee b) the duty of the employee to work in the unit at least 5 years after the completion of the training form; c) the obligation of the employee as in case of non-compliance with the duty provided in b to pay an indemnity representing the expenses made by the unit or other organs for his professional training. The provisions of this article also apply to employees sent to specialization or documentation abroad. + Article 22 The interruption of seniority or in the same unit attracts, according to the law, the reduction or, as the case may be, the loss of rights regarding the granting of steps and gradations, gratifications, holiday leave, material aid for incapacity temporary work. + Chapter 5 + Article 23 ROI-in the enterprise, economic organization, institution-is drawn up and approved by the management of the unit, together with the union committee, according to the guidance elaborated by the Ministry of Labor and the Central Council of the UGSR, based on the provisions the present law, and what must include the contract of work in written form. + Article 24 ROI establishes the obligations of the unit and those of the employees, includes provisions on the organization of work in unity, the discipline of work the rewards that can be granted, the application of disciplinary sanctions and the persons entitled to apply them. + Article 25 ROI applies to all employees of the unit, as well as those who work in the unit as detached. Apprentices who prepare at work, students and students who do practice in the unit, as well as employees-delegates, are obliged to respect the rules of discipline at work where they operate. + Article 26 In sectors where the nature of the activity requires the establishment of a specific discipline regime, a disciplinary status shall be drawn up by the relevant central body, together with the union union committee on the branch, which shall be approved by decision of the Council of Ministers. + Chapter 6 + Article 27 The guidance provided in art. 23 will be drawn up within 60 days from the date of entry into force of this Law. The units are obliged within 6 months from the same date to develop new regulations of interior order. Ministries and other central bodies will ensure coordination and control of the execution of this task. + Article 28 The provisions regarding the legal regime of employees in state socialist units also apply accordingly to employees of cooperative organizations and other public organizations. It is recommended to cooperative organizations and other public organizations that, starting from the objectives and provisions of this law, to establish appropriate regulations on the organization and discipline of work within these Organizations. + Article 29 The contract of work in written form will end with the new employees according to the guidance provided in art. 23 23 of this law. For other employees, the existence of the employment contract can be proven by any means allowed by law. + Article 30 The provisions of the present law come into force on March 26, 1970. Uninterrupted seniority in the same unit and uninterrupted seniority shall be established, for the period before 26 March 1970, on the basis of the regulations prior to the amendments made by this Law. Complaints against disciplinary sanctions pending on the date of entry into force of this law will be resolved by the competent bodies found pending. + Article 31 On the basis of the entry into force of this law, art. 12 12, art. 13 13, art. 16 16 para. 3 3 and art. 117 of the labor code and is repealed art. 17 17 para. 5 5, art. 20 lit. e, art. 24-26 inclusive, art. 125 125, art. 133 133 and art. 133 133 para. 1 1 of the labor code. It shall also amend accordingly or repeal, as appropriate, any other provisions to the contrary. -----------