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Law No. 504 Of 17 November 2004 On Public Institutions For Shows And Concerts

Original Language Title:  LEGE nr. 504 din 17 noiembrie 2004 privind instituţiile publice de spectacole şi concerte

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LEGE no. 504 504 of 17 November 2004 (* updated *) on public institutions of performances and concerts ((updated until 15 May 2006 *)
ISSUER PARLIAMENT




---------------- *) The initial text was published in the OFFICIAL GAZETTE no. 1.119 1.119 of 29 November 2004. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra Neamt until May 15, 2006 with the modifications and additions made by LAW no. 114 114 of 4 May 2006 . The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 This law regulates the general legal framework of the organization and functioning of public performance and concert institutions. + Article 2 For the purposes of this Law a) public institutions of performances and concerts are: theatres, philharmonics, orchestras and artistic ensembles that present to the public dramatic performances, lyrical, choreographic, entertainment, folkloric, variety, circus, puppet or puppets, as well as concerts, regardless of gender, or any other type of performance in which the interpretations and executions of performers are presented directly to the public and are financed from their own income and from grants of to the state budget or local budgets, as the case may be; b) the producer of performances or concerts is the legal or physical person who takes responsibility for the production of the performance or the concert and who, in this capacity, provides the necessary material and financial means; c) the permanent artistic ensemble is made up of performers employed with individual employment contracts; d) the season is the period during which a public institution of performances or concerts prepares and presents directly to the public its artistic productions; the season usually includes 10 consecutive months of two calendar years, followed by a the two-month holiday; the duration and the date of commencement of the season shall be determined by the organization and functioning + Article 3 Public institutions of performances and concerts have as their main objective the promotion of cultural-artistic, domestic and universal values, nationally and internationally. + Chapter II Organisation and operation + Article 4 (1) Public institutions of performances and concerts have legal personality, organize and operate, according to the provisions of this law, subordinated to central or local public administration authorities; each institution elaborates its own organization and functioning regulation, approved according to the legal norms in force. (2) Public institutions of performances and concerts have full autonomy in the establishment and realization of repertoire, projects, as well as cultural-artistic programs. (3) Public institutions of performances and concerts have in administration movable and immovable property, have access to at least one auditorium or concerts with the related technical facilities and have the necessary financial means for the organization and to carry out the specific activity in conditions that ensure continuity, regularity, quality and accessibility to the performances and concerts presented. + Article 5 (1) Public institutions of performances and concerts may be national, regional, county or local. (2) The inclusion of public institutions of performances and concerts according to the provisions of par. (1) is made by Government decision, at the proposal of the Ministry of Culture and Religious Affairs. + Article 6 (. Public performance institutions shall be, where appropriate: a) repertory institutions; b) project institutions. (2) It is the repertory institutions that have at least a permanent artistic ensemble, able to support the activity of a season, with a portfolio of at least three different performances and who realize, in each season, at least two new shows to be added to the existing portfolio or replace some of its components. (3) It is the project institutions that do not have a permanent artistic ensemble, but have the necessary logistical and financial resources to carry out their own performances that they present in determined series, during a season. + Article 7 Public concert institutions are philharmonics, orchestras or other instrumental formations, choral or vocal-instrumental, who hold a permanent artistic ensemble, able to support the activity of a concert season. + Article 8 (1) Local public administration authorities may set up host institutions of performances. (2) The host institutions of performances do not have a permanent artistic ensemble and do not perform their own artistic productions, but have the necessary logistical and financial resources to host and support the representation of performances or concerts made by different manufacturers. + Article 9 Public institutions of performances and concerts reschedule their work on seasons. + Chapter III Business financing + Article 10 The financing of public institutions of performances and concerts is carried out from own income and subsidies granted from the state budget or from local budgets, as the case may be, as well as from other sources, according to the provisions of this law. + Article 11 The basic financing of the activity of public institutions of performances, repertoire and projects shall comply with the following: a) personnel expenses and expenses for the maintenance, rehabilitation and development of the material base of the institutions shall be fully ensured from the subsidies granted from the state budget, respectively from the local budgets, as the case may be; b) the cultural programs and projects are financed from the subsidies granted from the state budget, respectively from the local budgets, as the case may be, in correlation with the presumed own incomes; c) own revenues from the exercise of specific activities shall be used exclusively for the financing of expenditure related to projects and cultural programmes and to stimulate staff; d) the share that returns, according to the regulations in force, from the own income from the exploitation of assets under management is used exclusively for the financing of material expenses and services; e) the financing of the host institutions shall be ensured in correlation with the own income from the exploitation of the assets under management, for the full coverage of current and capital expenditure. + Article 12 (1) The Ministry of Culture and Religious Affairs, other central public administration authorities and local public administration authorities may subsidise cultural projects or programmes, including tours, public institutions of performances and concerts, regardless of subordination, under the terms of this law. (2) Subsidies obtained according to the provisions of para. ((1) may also be used for pecuniary incentives to be granted to the makers of cultural projects and programmes. (3) The provisions of par. (1) private institutions of performances and concerts can also benefit. + Article 13 Public institutions of performances and concerts can benefit from material goods and money funds received in the form of services, donations and sponsorships, in compliance with legal provisions; liberalities of any kind can be accepted only if no conditions are encumbered or tasks affecting the autonomy of the institution or contrary to its object of activity. + Chapter IV Employment relationships + Article 14 (1) The operation of public institutions of performances and concerts shall be ensured through the activity of personnel employed with an individual employment contract, in artistic or technical positions, in auxiliary and maintenance functions, as well as through the activity of persons participating in the realization of the artistic act, on the basis of contracts concluded according to the legal provisions on copyright and related rights or on the basis of conventions regulated by the Civil Code. (2) The activity of each employee within the public institution of performances and concerts is based according to the job description. (3) For the specialized artistic and technical staff in public institutions of performances and concerts, Saturdays and Sundays are considered working days, Monday being the day of rest. (4) The weekly activity of the performance and concert institutions is organized according to the collective agreement on the branch, as well as according to the organization and functioning regulations, to each institution. (5) The monthly activity of employees is, as a rule, 20-23 working days, having at least 8 days of rest; rest days that could not be granted will be recovered in the coming months, compensated according to the provisions of the Labor Code or added to vacation days. (6) The annual rest leave for staff in public institutions of performances and concerts shall be granted during the period between the seasons. + Article 15 (1) The contractual staff of public institutions of performances and concerts, employed by individual employment contract, shall be within the specialized functions set out in the Annex which is an integral part of this Law. (2) The criteria for the evaluation of individual professional performances, as well as the normalization of work, shall be established by the collective agreement at branch and institution level, respectively. + Article 16 (1) In the case of staff employed in artistic or technical positions, individual employment contracts may be concluded: a) as a rule, for an indefinite period; b) for a fixed term; c) on show or on the project. (2) The inclusion of the staff referred to in par. (1) is made on the basis of competition or exam organized under the law. (3) In the case of individual employment contracts ending according to the provisions of par. ((1) lit. b) and c), the employment can also be done directly, by agreement of the parties. (4) In the case of contracts provided in par. ((3), their duration may be extended by agreement of the parties. ((5) Conditioning the occupation of a post on the basis of sex, age or physical qualities, by announcement or by competition at public institutions of performances and concerts, shall be made according to the specific and needs of the institution and shall not constitute contravention, by derogation from the provisions art. 7 7 para. (2) of Government Ordinance no. 137/2000 on the prevention and sanctioning of all forms of discrimination, approved with amendments and additions by Law no. 48/2002 , with subsequent amendments and completions. + Article 17 (1) Public institutions of performances and concerts may conclude contracts according to the legal provisions on copyright and related rights. (2) The amounts representing the payment of the rights due according to the provisions of ((1) shall be considered as expenditure related to cultural programmes and projects and shall be provided as such in the institution's revenue and expenditure budgets. + Article 18 The staff employed in artistic specialized positions, for a fixed term, who are not domiciled in the locality and do not benefit from the service home, can receive from the institution's budget a monthly accommodation allowance, non-taxable, in the amount up to 50% of the average net salary on the economy. + Chapter V Activity Management + Article 19 (1) The management of public institutions of performances and concerts shall be provided by the Director General or, where appropriate, by the Director. (2) By decision of the Director General or, as the case may be, the Director shall be established the Artistic Council, consisting of cultural personalities from and outside the institution, acting as an advisory. (3) The Administrative Council, an advisory body, shall be appointed by the decision of the Director-General or, as the case may be, of the Director, according to the law, a) President-Director-General or, where applicable, the Director; b) members: -the representative of the guardianship authority, proposed by her -the artistic director; -the administrative director or, where appropriate, the Executive Director; -the economic director or, where appropriate, the accounting officer; -the legal adviser; -the representative of the representative union, proposed by him. + Article 20 The general manager or, as the case may be, the director, the individual, is appointed by competition, organized under the law, on the basis of a management contract. + Article 21 Repealed. ------------- Article 21 was repealed by art. II of LAW no. 114 114 of 4 May 2006 published in MONITORUL OFFICIAL no. 413 413 of 12 May 2006. + Article 22 Repealed. ------------- Article 22 was repealed by art. II of LAW no. 114 114 of 4 May 2006 published in MONITORUL OFFICIAL no. 413 413 of 12 May 2006. + Article 23 Repealed. ------------- Article 23 was repealed by art. II of LAW no. 114 114 of 4 May 2006 published in MONITORUL OFFICIAL no. 413 413 of 12 May 2006. + Article 24 By the management contract, the authority of the public administration shall provide at least the financing provided for 11, in relation to the objectives and performance criteria set by the parties, for the entire duration of the management contract. + Article 25 Repealed. ------------- Article 25 was repealed by art. II of LAW no. 114 114 of 4 May 2006 published in MONITORUL OFFICIAL no. 413 413 of 12 May 2006. + Article 26 (1) The activity of public institutions of performances and concerts can be leased on the basis of provisions Law no. 219/1998 on the concession regime. (2) Provisions art. 2 2 para. ((2) lit. o) of Law no. 219/1998 applies only on the basis of methodological norms developed by the Ministry of Culture and Religious Affairs and approved by Government decision, within 6 months from the entry into force of this Law. (. The methodological rules shall include at least the following: a) the conditions of experience of concessionaires; b) the provision, in the specifications, of the obligation to keep the specific object of the institution's activity, the clauses regarding the employees, as well as the conditions of accessibility to performances and concerts. + Chapter VI Transitional and final provisions + Article 27 (1) Individual labor contracts concluded for an indefinite period before the entry into force of this Law may be transformed into fixed-term contracts, by agreement of the parties, only 5 years after the entry into force of the this law. (2) Provisions of para. (1) shall also apply to persons with an indefinite contract, but who, before the entry into force of this law, have been posted for personal or service or have the employment contract suspended, under the law. + Article 28 Any modification of the organization and functioning of public institutions of performances and concerts is approved by Government decision or, as the case may be, by the decision of the authority of the public administration, by the vote of two thirds of the total of advisors. + Article 29 The Ministry of Culture and Religious Affairs is the authority of the central public administration which, in the field of public performance and concert institutions, pursues, together with the local public administration authorities, implementation and observance specialized regulations, as well as the provisions of this law. + Article 30 Repealed. ------------- Article 30 was repealed by art. II of LAW no. 114 114 of 4 May 2006 published in MONITORUL OFFICIAL no. 413 413 of 12 May 2006. + Article 31 The date of entry into force of this Law shall be repealed Decree of the Great National Assembly no. 19/1959 on the organization and functioning of artistic institutions of performances, published in the Official Bulletin, Part I, no. 3 3 of 23 January 1959, and Decree of the State Council no. 703/1973 on the establishment of uniform structure norms for cultural-educational institutions, published in the Official Bulletin, Part I, no. 2 of 4 January 1974, approved by Law no. 26/1974 ,, published in the Official Bulletin, Part I, no. 109 of August 2, 1974, as well as any other provisions contrary to this law. + Article 32 This law shall enter into force 30 days from the date of publication in the Official Gazette of Romania, Part I. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU p. SENATE PRESIDENT, DORU IOAN TARACILA Bucharest, November 17, 2004. No. 504. + Annex LIST specialized functions in public institutions of performances and concerts ------------------------------------------------------------------------------ No. Level crt. Function of studies ------------------------------------------------------------------------------ 1. a) artistic director, conductor, soloist (vocal, ballet, concertist, instrumentalist), actor, scenographer painter, artistic consultant, choreographer, concertmaistru, head of the game, instrumentalist artist S b) master (dance-dance, choir, co-repeater), choir conductor, Producer delegate, artistic impresario S c) orchestra chief, master of studies (ballet, canto), secretary artistic (musical, literary, public relations), image operator, operator sound, sufleor opera, artist lyrical opera S d) lyrical artist, ballet dancer, dancer, accompanist, co-repeater, Puppet-wielding actor, puppet sculptor, theatre souffle, director Backstage, plastic artist, makeup, peruchier, image monor, image editor S ------------------------------------------------------------------------------ 2. a) conductor, orchestra chief, master (dance-dance, co-repeater), concertmaster, master of ballet studies, master of lights, sound master, stage director (backstage), secretary platter, artistic impresario M b) soloist (vocal, ballet, concertist, instrumentalist), actor, instrumentalist, sufleor opera, corist opera M c) master circus artist, circus artist, master (piano tuner, clavecin, lutier), specialist (organ, wind instruments) M d) Corist, ballet dancer, dancer, co-repeater, puppet-wielding actor, Puppet sculptor, theatre souffle, plastic artist, makeup artist, peruchier, image montor, image operator, image editor M ------------------------------------------------------------------------------ 3. room supervisor, ticket controller, wardrobe, placement M, G ------------------------------------------------------------------------------ _______________