Advanced Search

Law No. 318 Of 13 October 2009

Original Language Title:  LEGE nr. 318 din 13 octombrie 2009

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 318 318 of 13 October 2009 for the ratification of the Agreement between the Government of Romania and the Government of the Republic of Bulgaria on the legislation applicable to labour relations, social security and safety and health at work related to the construction of a new mixed bridge (road border between the two countries, over the Danube River, at Calafat-Vidin, signed in Bucharest on 25 July 2008 and in Sofia on 26 August 2008
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 693 693 of 15 October 2009



The Romanian Parliament adopts this law + Article UNIC The Agreement between the Government of Romania and the Government of the Republic of Bulgaria on the legislation applicable to labour relations, social security and safety and health at work related to the construction of a new mixed bridge (road and rail) between the two countries, over the Danube River, at Calafat-Vidin, signed in Bucharest on 25 July 2008 and in Sofia on 26 August 2008. This law was adopted by the Romanian Parliament, in compliance with the provisions art. 75 and ale art. 76 76 para. (2) of the Romanian Constitution, republished . CHAMBER OF DEPUTIES PRESIDENT ROBERTA ALMA ANASTASE p. SENATE PRESIDENT, ALEXANDER PERES Bucharest, October 13, 2009. No. 318. AGREEMENT between the Romanian Government and the Government Bulgaria on labour relations law, social security and safety and health at work related to the construction of a new mixed bridge (road and rail) border between the two countries, over the Danube River, at Calafat-Vidin The Government of Romania and the Government of the Republic of Bulgaria, hereinafter the recognizing the relations of friendship, cooperation and good neighbourliness existing between the two states and wanting to further promote these relations by developing the transport infrastructure that ensures the links between the two states, which has a special significance for their European integration, in accordance with the international agreements in force on the improvement of the European and regional transport network, on the basis of the provisions of the Agreement between the Government of Romania and the Government of the Republic of Bulgaria on the technical, financial, legal and organizational aspects relating to the construction of a new border and rail bridge between the two countries, over the Danube River, signed in Bucharest on 5 June 2000, aiming to agree the aspects of work and social affairs related to the construction of a new mixed bridge (road and rail) between the two states, over the Danube River, at Calafat-Vidin, agreed the following: + Article 1 Agreement area The provisions of this Agreement establish the Romanian legislation, namely the Republic of Bulgaria applicable to labor relations, social security and safety and health at work in the process of design, construction and authorization of the bridge over the Danube River, at Calafat-Vidin, as regards: -employment contracts; -work permits; -Social security; -safety and health at work; -the control exercised by the competent authorities for the aforementioned areas. + Article 2 Definitions For the purposes of this Agreement: 1. the territory of the state of the contracting party represents the territory of Romania, respectively 2. the site represents the specially arranged and delimited area, located on land and on the Danube River, in the border areas of the territory of the states of the contracting parties where the bridge-building works are carried out over the river The Danube, at Calafat-Vidin, on the basis of the building permit; 3. contracting authority represents the Ministry of Transport of the Republic of Bulgaria, for the 4. employees represent workers, experts, consultants, administrative staff and any other staff, assigned with an individual employment contract by an employer in connection with site works, regardless of citizenship; 5. Romanian employer represents a commercial company based in Romania, as well as the foreign company that established in Romania branches, branches, agencies, representative offices or other secondary offices in accordance with Romanian legislation; 6. Bulgarian employer represents a trading company based in the Republic of Bulgaria, as well as the foreign trade company which established in the Republic of Bulgaria subsidiaries, branches, agencies, representations or other secondary offices, in accordance with Bulgarian legislation. The foreign trade company that established both in Romania and in the Republic of Bulgaria, in compliance with the legislation applicable in each of the two states, subsidiaries, as well as branches, agencies, representatives or other secondary offices is considered Bulgarian employer; 7. foreign employer represents a company based on the territory of a third country, which has not established in Romania or in the Republic of Bulgaria branches, as well as branches, agencies, representative offices or other secondary offices; 8. safety and health at work represent all institutionalized activities aimed at ensuring the best conditions in the conduct of the work process, defense of life, physical and mental integrity, health of workers and other people participating in the work process. + Article 3 Applicable law In order to determine the legislation applicable on the site, the Contracting Parties agree on the following rules 1. Romanian employers, as well as all their employees, are subject to Romanian legislation, regardless of whether their works are carried out on the territory of Romania or on the territory of the Republic of Bulgaria. 2. Bulgarian employers, as well as all their employees, are subject to Bulgarian legislation, regardless of whether the works they execute are carried out on the territory of Romania or on the territory of the Republic of Bulgaria. 3. Foreign employers, as well as all their employees are subject to Romanian legislation, if the works they execute are carried out only on the territory of Romania. 4. Foreign employers, as well as all their employees are subject to Bulgarian legislation, if the works they execute are carried out on the territory of the Republic of Bulgaria or on the territory of Romania and on the territory of the Republic of Bulgaria 5. Employees are subject to the legislation applicable to the employer, according to the rules 1 1-4 of this Article. 6. The Ministry of Labour, Family and Equal Opportunities in Romania *) and the Ministry of Labour and Social Policy of the Republic of Bulgaria will issue to employers a form in Romanian and Bulgarian. --------- Note * *) art. 14 of Government Emergency Ordinance no. 221/2008 establishing reorganisation measures within the central public administration approved by Law no. 186/2009 , the Ministry of Labour, Family and Social Protection is established, by reorganizing the Ministry of Labour, Family and Equal Opportunities. 7. The contracting authority will develop a list of employers who carry out activities to achieve the objective, including the identification data, the object of the concrete activities they will carry out, the number of employees, the identification data of them, the duration of the activity, and any other relevant elements. The list will be updated monthly. Before starting any specific activity, employers will be registered in the said list. The list will be made available to the Romanian and Bulgarian authorities responsible for the control of the aspects mentioned in art. 1 1 of this Agreement. 8. The processing of the data referred to in the previous paragraph shall be carried out in accordance with that data protection legislation. + Article 4 Equal treatment 1. Employees subject to the provisions of this Agreement will benefit from equal treatment with workers, citizens of the state whose legislation is applicable to the employer, regarding the conclusion, execution, modification, suspension and Termination of individual employment contract, working conditions, safety and health at work, social security, taxation, legal protection of goods, individual rights, as well as access to judicial and administrative authorities. 2. The equal treatment will be correlated with the provisions of the bilateral agreement on avoiding double taxation. 3. The individual employment contract will not be able to establish any derogation from the principle of equality provided for in point 1 1 of this Article. + Article 5 Employment contracts 1. The employer is obliged to conclude with the employee an individual employment contract, in the form and in compliance with the provisions provided by the applicable legislation. 2. Conclusion, execution, modification, suspension and termination of employment contracts are subject to the legislation established according to the rules provided in art. 3 3 of this Agreement. 3. The employee will receive a labor contract in a language he understands. 4. The employment contracts concluded between the employee and the employer are registered: a) for employers subject to Romanian legislation, at the territorial labor inspectorate, under the law; b) for employers subject to Bulgarian legislation, at the National Revenue Office. + Article 6 Work permits 1. Employees, Romanian citizens, who operate at a Bulgarian employer or foreign employer subject to Bulgarian legislation, according to the provisions of art. 3 3 of this Agreement, shall be exempt from obtaining the work permit, if necessary. 2. Employees, Bulgarian citizens, who operate at a Romanian employer or foreign employer subject to Romanian legislation, according to the provisions of art. 3 3 of this Agreement, shall be exempt from obtaining the work permit, if necessary. 3. Employees of foreign citizens are subject to the legal provisions on the employment of foreigners in the state whose legislation is applicable to the employer, according to the provisions of art. 3 3 of this Agreement. 4. The work permit will be issued in compliance with the legislation applicable to the employer. 5. The authorities of the two contracting parties will communicate, upon request, information on the issued work permits. + Article 7 Social Security In the field of social security, employees and employers are subject to the provisions of national legislation or community regulations in the field, as appropriate. + Article 8 Safety and Health at Work 1. In the field of safety and health at work, employees and employers are subject to the provisions of the legislation established according to the rules provided 3 3 of this Agreement. 2. The Ministry of Public Health *) in Romania has all the competences established by the Romanian legislation in the field of public health and health at work. ----------- Note * *) art. 15 of Government Emergency Ordinance no. 221/2008 for the establishment of reorganisation measures within the central public administration approved by Law no. 186/2009 , the Ministry of Health is established, by reorganizing the Ministry of Public Health. 3. The Ministry of Public Health of Romania will control, through the structures with attributions in the field of occupational health, the way of carrying out preventive medical examinations for workers subject to Romanian legislation. 4. Health events that occur to workers, regardless of citizenship, are ensured through the health and social insurance system that is applicable to the employer. 5. The Ministry of Health of the Republic of Bulgaria has all the powers established by the Bulgarian public health legislation. 6. The Executive Agency "General Labour Inspectorate" of the Republic of Bulgaria has all competences in the field of health and safety at work, according to Bulgarian legislation. + Article 9 Healthcare 1. For medical assistance granted in application of this Agreement to employees who are EU citizens or are permanently established on the territory of an EU Member State, Council Regulation no. 1.408/71 1.408/71 of 14 June 1971 on the application of social security systems to employees, self-employed workers and their family members moving within the Communities. 2. For employees citizens of third states, medical assistance will be subject to the arrangements between the Ministry of Health of the Republic of Bulgaria and the Ministry of Public Health of Romania. + Article 10 Control 1. The Labour Inspection in Romania has all the control powers established by the Romanian legislation and is responsible for ensuring the control of the legal provisions regarding labor relations, safety and health at work, such as and to the protection of employees, regardless of their nationality. 2. The State Health Inspection in Romania has all the control powers established by the Romanian legislation on health at work. 3. The competence of the Labour Inspection in Romania will be exercised on all employees and employers subject to Romanian legislation according to the rules established in art. 3 3 of this Agreement. 4. The Executive Agency "General Labour Inspectorate" of the Republic of Bulgaria has all the control powers provided for by the Bulgarian legislation and exercises its control regarding the implementation of the legal provisions on labor relations and security and health at work of employees, regardless of their nationality. 5. The competence of the Executive Agency "General Labour Inspectorate" of the Republic of Bulgaria will be exercised on all employees and employers subject to Bulgarian legislation according to the rules established in art. 3 3 of this Agreement. 6. The control on compliance with the provisions on the issuance of work permits will be carried out by the competent institutions, according to the applicable legislation. + Article 11 Access of Labour Inspection 1. The access of the Labour Inspection in Romania cannot be restricted on the territory of Romania by invoking the fact that the employer is subject to Bulgarian legislation. In this case, the Labour Inspection will check the form provided for in art. 3 3 of this Agreement, issued by the Bulgarian competent authorities. Employers are required to submit this form. 2. Access of the Executive Agency "General Labour Inspectorate" of the Republic of Bulgaria cannot be restricted on the territory of the Republic of Bulgaria by invoking the fact that the employer is subject to In this case, the Executive Agency "General Labour Inspectorate" of the Republic of Bulgaria will check the form provided for in art. 3 3 of this Agreement, issued by the Romanian competent authorities. Employers are required to submit this form. + Article 12 Cooperation between Labour Inspections The Labour Inspection in Romania and the Executive Agency "General Labour Inspectorate" in the Republic of Bulgaria will agree a cooperation protocol in their field of competence. + Article 13 Cooperation between competent institutions 1. The competent institutions of the two Contracting Parties shall inform each other of the administrative measures taken for the application of the provisions of this Agreement, as well as on amendments to the national legislation, in so far as amendments affect the application of this Agreement 2. For the purpose of amicably resolving the issues related to the application of this Agreement, the authorities of the two Contracting Parties shall give each other support. 3. The competent institutions shall provide each other with general information relating to: a) legislative and administrative provisions in the field; b) conditions of travel, entry, stay, access to employment, work and social security; c) specific information about the terms of the employment contract. + Article 14 Non-influence on border The provisions of this Agreement do not affect in any way the positions of the two Contracting Parties regarding the border route on the Danube between Romania and the Republic of Bulgaria + Article 15 Entry into force and duration 1. This Agreement will enter into force on the date of the last notification by which the Contracting Parties will have communicated to each other the fulfilment of their internal legal procedures, necessary for its entry into force. 2. This Agreement may be amended on the basis of a reciprocal agreement written between the Contracting Parties The amendments will enter into force in accordance with the provisions of 1 1 of this Article. 3. The agreement will cease its validity at the time of closing the yard. Signed in Bucharest on July 25, 2008 and in Sofia on August 26, 2008, in two original copies, each in Romanian, Bulgarian and English, all texts being equally authentic. In case of differences in interpretation of the agreement, the English text will prevail. For the Romanian Government, Paul Pacuraru, Minister for Labour, Family and Equal Opportunities For the Government of Bulgaria, Emilia Maslarova, Labour and Social Policy Minister ------