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Law No. 54 Of 24 January 2003 The Law On Trade Unions

Original Language Title:  LEGE nr. 54 din 24 ianuarie 2003 Legea sindicatelor

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LEGE no. 54 54 of 24 January 2003 (* updated *) Union law ((updated until 25 December 2010 *)
ISSUER PARLIAMENT




------------- *) The initial text was published in the OFFICIAL GAZETTE no. 73 73 of 5 February 2003. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt until December 25, 2010, with the modifications and additions made by DECISION no. 1.276 1.276 of 12 October 2010 . + Chapter I General provisions + Article 1 ((1) Trade unions, hereinafter referred to as trade union organizations, are constituted for the purpose of defending the rights provided for in national law, in the international agreements, treaties and conventions to which Romania is a party, as well as in the contracts collective work and promotion of the professional, economic, social, cultural and sporting interests of their members. (2) Trade union organisations are independent of public authorities, political parties and employers. + Article 2 (1) Persons employed and civil servants have the right to constitute trade union organizations and to adhere to them. Persons who exercise according to the law a profession or profession independently, cooperative members, farmers, as well as persons under qualification are entitled, without any restriction or prior authorization, to join an organization. Union. (2) For the establishment of a trade union organization, a number of at least 15 persons from the same branch or profession is required, even if they operate at different employers. (3) No person may be compelled to do or not to be a party, to withdraw or not from a trade union organization. (4) A person may at the same time be part of a single trade union organization. + Article 3 Underage employees, from the age of 16, can be members of a trade union organization, without the need for prior consent of their legal representatives. + Article 4 Persons holding senior positions, public dignity functions, according to the law, magistrates, military personnel in the apparatus of the Ministry of National Defence and the Ministry of Interior, Ministry of Justice, Romanian Intelligence Service, The Protection and Guard Service, the Foreign Intelligence Service and the Special Telecommunications Service, as well as from the units subordinated to them cannot constitute trade union organizations. + Chapter II Establishment, organisation and functioning of trade union organisations + Section 1 Statutes of trade union organisations + Article 5 The establishment, organization, operation, reorganization and termination of the activity of a trade union organization shall be governed by the statute adopted by its members, in compliance with this law In the absence of express statutory provisions on the reorganization and termination of the activity of the trade union organization, the common law provisions on the termination of legal entities will be applied. + Article 6 (. The statutes of trade union organisations shall contain at least the following provisions: a) the purpose of establishment, name and headquarters of the trade union organization b) the way in which the membership of the trade union organization is acquired and ceases; c) members ' rights and duties; d) the way of establishment and collection of the levy; e) the governing bodies, their names, the way of their choice and revocation, the duration of their mandates and their duties; f) the conditions and rules of deliberation for the modification of the statute and the adoption of decisions; g) the original size and composition; h) the division, merger or dissolution of the trade union organization, the transmission or, as the case may be, the liquidation of the patrimony, with the specification that the goods put into use by the state will be returned to it. (2) The statutes may not contain provisions contrary to the Constitution and laws. + Article 7 (1) Trade union organizations have the right to develop their own regulations, to freely choose their representatives, to organize their management and activity and to formulate their own action programs, in compliance with the law. (2) It is forbidden to public authorities and employers any intervention likely to limit or interrupt the exercise of the rights provided in par. ((1). + Section 2 Management of trade union organisations + Article 8 May be elected to the governing bodies members of the trade union organization who have full exercise capacity and do not execute the complementary punishment of prohibiting the right to occupy a position or to exercise a profession of the nature of that which has been used the convict for committing the crime. + Article 9 Members of the elected governing bodies of trade union organizations shall be provided with the protection of the law against any forms of conditioning, coercion or limitation of the exercise of their functions. + Article 10 (. During the term of office and within 2 years after the end of the term of office, the representatives elected to the governing bodies of the trade union organizations may not modify or unwrap their individual employment contract for reasons not attributable to them, which the law leaves them to the appreciation of the one who employs, except with the written consent of the elected collective management body of the trade union organization. (2) The modification and/or dissolution of individual employment contracts shall be prohibited, both of the representatives elected in the governing bodies of the trade union organizations and their members, on the initiative of the employer, for reasons that look at union activity. (3) They are exempted from the application of the provisions of para. (1) those who have been revoked from the management union positions held for violation of statutory or legal provisions. (4) Provisions of para. ((1)-(3) shall also apply to the service relations of civil servants. + Article 11 (1) During the period during which the person elected to the management body is paid by the trade union organization his individual employment contract or, as the case may be, the service report shall be suspended, and it shall retain its function and place of work previously, as well as the seniority in work, respectively in the specialty or in the public office held, under the law. Another person with an individual fixed-term employment contract may be assigned to her post. (2) Upon returning to the post previously had to the person in the situation provided in par. (1) shall be provided with a salary that may not be less than that which could be obtained under conditions of continuity in that post. + Article 12 Through collective agreements or, as the case may be, agreements on service relations may be established, under the law, and other protection measures outside those provided for in art. 10 10 para. ((1), (2) and (4) and in art. 11, for those elected to the governing bodies of trade union organizations. + Article 13 The governing body of the trade union organization has the obligation to keep a record of the number of members, receipts and expenses of any kind. + Section 3 Acquisition of legal personality + Article 14 (1) For the acquisition of legal personality by the trade union organization, the special power of attorney of the founding members of the union, provided for in the constituent minutes, must submit an application for registration at the court in whose radius territorial has its seat. (2) At the request for registration of the trade union organization, the original and two copies certified by the legal representative from the following documents shall be attached: a) the minutes of formation of the trade union organization, signed by at least 15 founding members; b) the status of the trade union c) the list of members of the governing body of the trade union organization, with the mention of the name, surname, personal numerical code, profession and domicile; d) authentic power of attorney, given by the minutes of constitution provided in lett. a). + Article 15 (1) The competent court, according to art. 14 14 para. (1), upon receipt of the application for registration, it shall be obliged, no later than 5 days after its registration, to examine: a) if the documents provided for in art. 14 14 para. ((2); b) if the constitutive act and the status of the trade union organization are in conformity with the legal (2) If it finds that the legal requirements for the constitution of the trade union organization are not fulfilled, the presiding judge shall quote him in the council chamber on the special power of attorney referred to in art. 14 14 para. ((1), to which it requests, in writing, to remedy the irregularities found, within no more than 7 days. ((3) If the requirements referred to in par. (1), the court will proceed with the settlement of the application within 10 days, with the citation of the special authorized of the founding members of the trade union organization. (. The court shall give a reasoned decision on the admission or rejection of the application. (5) The decision of the judge shall be communicated to the signatory of the application for registration, no later than 5 days after the ruling. + Article 16 (1) The judgment is only subject to appeal. (2) The term of appeal is 15 days and flows from the communication of the judgment. For the prosecutor the term of appeal flows from the ruling. (3) The appeal is adjudicated with the citation of the special power of attorney of the founding members of the trade union organization, within 45 days. The appeal court shall render the decision and return the file to the court within 5 days of the ruling. + Article 17 (1) The court is obliged to keep a special register, in which it is registered: the name and headquarters of the trade union organization, the names and surnames of the members of the management body, their personal numerical code, the date of registration, as well as the number and date the final court decision to admit the application for registration. ((2) Registration in the special register provided in par. ((1) shall be made ex officio, within 7 days from the date of final stay of the judgment rendered by the court. + Article 18 The trade union organization acquires legal personality from the date of registration in the special register provided for in art. 17 17 para. ((1) of the final judgment on the admission of the application. + Article 19 The original of the minutes of constitution and of the statute, which the judge certifies the registration, together with one copy of the other documents submitted shall be returned to the trade union organization, and the second copy of all the acts provided for in art. 14 14 para. (2), in copies certified by the special authorized and concerned by the court, shall be kept in its archive. + Article 20 (1) The trade union organization shall be obliged to bring to the attention of the judge where there has been, within 30 days, any subsequent amendment of the statute, as well as any change in the composition of the management body. (2) For the approval of the amendment of the statute, the provisions of art. 14-19. (3) The court is obliged to mention in the special register provided for in art. 17 17 para. (1) changes in the status, as well as changes in the composition of the governing body of the trade union organization. + Section 4 Heritage of trade union organisation + Article 21 Movable and immovable property in the patrimony of trade union organizations can only be used according to the interests of the union members, without being able to be divided + Article 22 (1) The trade union organization may acquire, under the conditions provided by law, free of charge or for consideration, any kind of movable and immovable property necessary to achieve the purpose for which it is established. (2) For buildings in the state housing stock used by trade union organizations as premises, rent corresponding to the parties ' premises will be paid. (3) The units in which trade union organizations that have acquired representativeness are constituted, under the law, are obliged to put, free of charge, at the disposal of trade union organizations, the spaces corresponding to their operation and to provide the necessary facilities for the activity provided by law. (4) For the construction of own premises the representative trade union confederations and federations may receive, under the conditions provided by law, in concession or with rent, land from the private property of the state or administrative-territorial units. The lease or concession shall be made by administrative act issued by the competent authority. + Article 23 The movable and immovable property acquired by a trade union organization under the conditions provided by law, necessary for its meetings, library or training and refresher courses of the members of the trade union organizations, cannot be pursued, with the exception of those necessary for the payment of debts + Article 24 The contribution paid by the members of the trade union organization, in the amount of a maximum of 1% of the gross income realized, is deductible from the basis of calculation of income tax. + Article 25 (. The trade union organization may, under the conditions laid down by the statute: a) to materially support its members in exercising the profession; b) constitute own aid houses; c) to edit and print its own publications, in order to increase the level of knowledge of its members and to defend their interests; d) to establish and administer, under the law, in the interest of its members, units of culture, education and research in the field of trade union activity, economic-social, commercial, insurance units, as well as its own bank for financial operations in lei and in foreign currency; e) to constitute own funds for the aid of its members; f) to organize and support material and financial sports activity in associations and sports clubs, as well as cultural-artistic activities. (2) In order to achieve the activities provided in par. (1), trade unions have the right, under the law, to obtain credits. + Article 26 (1) The control of the financial activity of the trade union organizations, as well as of their economic and social units, shall be carried out through the commission of censors operating according to the (2) The control over the economic and financial activity carried out by the trade union organizations, as well as the establishment and transfer of obligations to the state budget shall be carried out by the competent state administration bodies, according to the law. + Section 5-a Tasks of trade union organisations + Article 27 In order to achieve the purpose for which they are constituted, trade union organizations have the right to use specific means, such as: negotiations, dispute resolution procedures through mediation, arbitration or conciliation, petition, protest, the rally, demonstration and strike, according to their own statutes and under the conditions provided by law. + Article 28 (1) Trade union organisations defend the rights of their members, arising from labour laws, civil servants ' statutes, collective employment contracts and individual employment contracts, as well as from agreements on service relations of the civil servants, before the courts, bodies of jurisdiction, other institutions or authorities of the state, through their own or elected defenders. (2) In the exercise of the duties provided in par (1) trade union organizations have the right to take any action provided for by law, including to bring legal action on behalf of their members, without the need for an express mandate from those concerned. The action will not be able to be introduced or continued by the trade union organization if the one in question opposes or waives the judgment. + Article 29 Union organizations can address the competent public authorities, according to art. 73 of the Constitution, proposals to legislate in the areas of union interest. + Article 30 (1) Employers have the obligation to invite the elected delegates of the representative trade union organizations to participate in the boards of directors in the discussion of issues of professional, economic, social, cultural or sports interest. (2) In order to defend the rights and to promote the professional, economic, social, cultural or sporting interests of the members, the representative trade union organizations shall receive from the employers or their organizations the necessary information for the negotiation of collective agreements or, as the case may be, for the conclusion of agreements on service relations, under the law, and on the establishment and use of funds intended to improve conditions at the place of work, protection of work and social utilities, insurance and social protection. ((3) The decisions of the board of directors or other bodies assimilated to them, regarding matters of professional, economic, social, cultural or sports interest, shall be communicated in writing to the trade union organizations, within 48 hours of date of meeting. + Article 31 Union organizations constituted by association, according to art. 41 41 para. ((2) and (3), at the request of the trade union organizations in their composition, may delegate representatives to deal with the administrative management of the units to assist or represent their interests in all situations. + Section 6 Relations of trade union organisations with their members + Article 32 Relations between trade union organisations and their members shall be governed by this law and their statutes. + Article 33 (1) Members of a trade union organization have the right to withdraw from the trade union organization without being required to show the reasons. ((2) Members who withdraw from the trade union organization may not require the refund of the amounts deposited as a contribution or of the amounts or goods donated. + Article 34 (1) The members elected to the governing bodies of the trade union organizations, the specialized and administrative staff in their apparatus may be salarized from the funds of the trade union organization or in accordance with the provisions of the collective agreement of work. (2) In the specialized positions that require a higher qualification can be employees and employees of other units, and they will carry out their activity outside the work program, as well as pensioners. (3) Persons classified according to par. (2) may cumulate, under the conditions provided by law, salary and, as the case may be, the pension with the income obtained from the activity performed at the trade union organization + Article 35 (1) The members elected to the management bodies of the trade union organizations, working directly in the unit as employees, are entitled to the reduction of the monthly program by 3-5 days for union activities, without affecting the rights salary *). (2) The number of cumulative days per year and the number of those who may benefit from these shall be determined by the collective agreement. ------------ *) NOTE C.T.C.E. S.A. Piatra-Neamt: By DECISION no. 1.276 1.276 of 12 October 2010 , published in MONITORUL OFFICIAL no. 746 of 9 November 2010 the exception of unconstitutionality regarding the provisions of the art. 35 35 para. (1) final sentence of the Trade Union Law no. 54/2003 , finding that they are unconstitutional. Under art. 147 of the Romanian Constitution republished in the Official Gazette no. 767 of October 31, 2003, the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. Accordingly, from 9 November 2010 to 24 December 2010, the provisions art. 35 35 para. (1) final sentence of the Trade Union Law no. 54/2003 , were suspended by law, ending its legal effects as of December 25, 2010, as the legislator did not intervene to amend the provisions declared unconstitutional. + Chapter III Reorganisation and dissolution of trade union organisations + Article 36 Trade union organisations may dissolve by the decision of their members or delegates, adopted in accordance with their own statutes. + Article 37 (1) In case of dissolution of the patrimony of the trade union organization shall be divided according to the provisions of the statute or, in the absence of such provisions, according to the decision (2) If the statute does not provide for the distribution of the patrimony or the dissolution assembly has not taken a decision in this regard, the county court or Bucharest municipality, notified by any member of the trade union organization, decides on the distribution of heritage, assigning it to an organization to which its union belongs, if it is not part of any organization, to another union organization with similar specific. + Article 38 (1) Within 5 days after dissolution, the leaders of the dissolved trade union organization or the liquidators of the estate are obliged to ask the competent court, which has operated its registration in the special register as a legal person, to make the words of the trade union organisation. (2) After the end of the 5-day period any interested person among the members of the trade union organization may ask the competent court to make the mention provided in par. ((1). (3) This entry will be made on the page and at the place where the registration was made in the special register. + Article 39 Union organizations cannot be dissolved and their activity may not be suspended on the basis of acts of provision of public administration or employers ' authorities. + Article 40 In case of reorganization of a trade union organization, the decisions on the patrimony shall be taken by its governing bodies, if the statute does not provide otherwise. + Chapter IV Forms of association of trade union organisations + Article 41 (1) The legally constituted trade union organizations may associate according to the criterion of the branch of activity, of the profession or according to the territorial criterion. (2) Two or more trade union organizations constituted at the level of different units of the same branch of activity or profession may be associated with the purpose of constituting a trade union federation. (3) Two or more trade union federations from different branches of activity or professions may be associated with the purpose of constituting a trade union confederation. (4) Trade union federations and confederations may constitute union trade unions. + Article 42 (1) Federations and confederations constituted by association, according to art. 41 41 para. ((2) and (3), acquire legal personality according to the provisions of this law. (2) In order to acquire the legal personality, the special power of attorney of the federation or confederation shall submit to the county court or of the city of Bucharest in whose territorial area a request for the acquisition of personality legal, accompanied by the following acts: a) the decision establishing the federation or the confederation; b) decisions of trade union organizations to associate themselves in a federation or confederation, signed by their legal representatives; c) certified copies of the judicial decisions to acquire the legal personality, remaining final, of the trade union organizations that associate; d) the status of the federation or confederation; e) the list of members of the management body, containing the name, surname, personal numerical code and function. + Article 43 Territorial union unions, established according to art. 41 41 para. ((4), acquire legal personality at the request of the federations or trade union confederations that have decided to establish them. For this purpose, the special power of the federation or confederation shall submit an application for the acquisition of legal personality in the county court or of the city of Bucharest in whose territorial area the union is based, accompanied by the decision the federation or the confederation for the constitution of the union, according to the statutes, certified copies of the statutes of the federations and/or confederations and the certified copies of the judicial decisions for the acquisition of the legal personality, Definitive. + Article 44 (1) The competent court referred to in art. 42 42 para. ((2) and in art. 43, as the case may be, shall be obliged, no later than 5 days after the registration of the application, to examine: a) if the documents provided for in art. 42 42 para. ((2) or in art. 43 43, as applicable; b) if the constitutive act and the status of union organizations comply with the legal provisions in force. (2) If it finds that the legal requirements for the constitution of trade union organizations are not fulfilled, the presiding judge shall quote him in the council chamber on the special power of attorney referred to in art. 42 42 para. ((2) and in art. 43, to which it requests, in writing, the remediation, within no more than 7 days, of the irregularities found. ((3) If the requirements referred to in par. (1), the court will proceed with the settlement of the application within 10 days, with the citation of the special authorized. (. The court shall give a reasoned decision on the admission or rejection of the application. (5) The decision of the tribunal shall be communicated to the signatory of the application for registration in the special register, no later than 5 days after delivery. + Article 45 (. The judgment of the tribunal shall be subject only to appeal. (2) The term of appeal is 15 days and flows from the communication of the judgment. For the prosecutor the term of appeal flows from the ruling. ((. The appeal shall be adjudicated, with the summoning of the special power of attorney, within 45 days. The appeal court shall render the decision and return the file to the tribunal, within 5 days of the ruling. + Article 46 ((1) The courts are obliged to keep a special register, in which they will record: the name and headquarters of the trade union organizations constituted by association, the names and surnames of the members of the management body, their personal numerical code, the date registration, as well as the number and date of the final court decision to admit the application for registration. ((2) Registration in the special register provided in par. ((1) shall be made ex officio, within 7 days from the date of final stay of the judgment rendered by the court. + Article 47 The trade union organization established by association acquires legal personality from the date of final stay of the court decision for the admission of the application for registration in the special register. + Article 48 The original of the minutes of constitution and of the statute, which the tribunal certifies the registration, together with one copy of the other documents submitted shall be returned to the trade union organization constituted by association, and the second copy of all the acts referred to in Article 42 42 para. ((2) or in art. 43, in copies certified by the special authorized and targeted by the court, will be kept in its archive. + Article 49 (1) The trade union organization constituted by association shall be obliged to bring to the attention of the tribunal where it was registered, within 30 days, any subsequent amendment of the statute, as well as any change in the composition of the management body. (2) For the approval of the amendment of the statute, the provisions of art. 42-48. (3) The court is obliged to mention in the special register the changes in the statute, as well as the changes in the composition of the governing body of the trade union organization. + Article 50 Trade union organisations can join in with similar international organisations. + Chapter V Sanctions + Article 51 It constitutes contraventions the following facts and is sanctioned as follows: a) the violation by the members elected to the governing body of the trade union organization of the obligation provided in art. 38 38 para. (1), with a fine of 2,000,000 lei to 10,000,000 lei; b) violation of art. 30 30 para. (1), with a fine from 20,000,000 lei to 50,000,000 lei. + Article 52 (1) The finding of contraventions and the application of sanctions shall be made by the personnel empowered by the Minister of Labour and Social Solidarity. ((2) Contraventions provided for in art. 51 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended. + Article 53 (1) It constitutes crimes and is punishable by imprisonment from 6 months to 2 years or with a fine from 20,000,000 lei to 50,000,000 lei the following facts: a) preventing the exercise of the right of free organization or association, for the purposes and within the limits provided by this law; b) conditioning or coercion, in any way, aimed at limiting the performance of the duties of the elected members in the governing bodies of trade union organizations; c) the provision of non-compliant data with the reality of the acquisition of the legal personality of the trade union organization, as well as during its being. (2) The criminal action is set in motion on the prior complaint of the injured person, in accordance with the provisions of the Code of Criminal Procedure, except for the crime provided in par. ((1) lit. c). + Chapter VI Final provisions + Article 54 The applications and procedural documents of the trade union organizations before the courts or the procedural documents drawn up for them shall be exempt from the stamp duty. + Article 55 Within 90 days from the date of publication of the law in the Official Gazette of Romania, Part I, the trade union organizations existing on the date of entry into force of this Law will agree their own statutes with its provisions. + Article 56 The date of entry into force of this Law shall be repealed Law no. 54/1991 on trade unions, published in the Official Gazette of Romania, Part I, no. 164 164 of 7 August 1991, as well as any other provisions to the contrary. This law was adopted by the Chamber of Deputies and the Senate in the joint meeting of 9 December 2002, in compliance with the provisions of art. 74 74 para. ((1) and of art. 76 76 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, January 24, 2003. No. 54. -------------