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Law No. 62 Of 10 May 2011 (Republished) No Social Dialogue. 62/2011 *)

Original Language Title:  LEGE nr. 62 din 10 mai 2011 (*republicată*) dialogului social nr. 62/2011*)

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LEGE no. 62 62 of 10 May 2011 (** republished) (* updated *) social dialogue * *) ((updated on 17 January 2016 *)
ISSUER PARLIAMENT




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** **) Republicated pursuant to art. 80 80 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 365 of 30 May 2012, giving the texts a new numbering.
Law no. 62/2011 was published in the Official Gazette of Romania, Part I, no. 322 322 of 10 May 2011.
---------- + Title I General provisions + Article 1 Within the meaning of the present law, the following terms and expressions have the following meanings: a) social partners-trade unions or trade unions, employers or employers ' organizations, as well as representatives of public administration authorities, who interact in the process of social dialogue; b) social dialogue-the voluntary process by which the social partners inform themselves, consult and negotiate in order to establish agreements on issues of common interest; (i) information-the transmission of data by the employer to the trade union or, as the case may be, to the elected representatives of the employees, to enable them to familiarise themselves with the issue of the debate and to examine it knowingly; (ii) consultation-exchange of views in the framework of social dialogue; (iii) collective bargaining-the negotiation between the employer or the employers 'organization or the trade union or the employees' representatives, as the case may be, which aims to regulate the working or service relations between the two parties, as well as any other agreements on matters of common interest; c) Bipartite social dialogue-dialogue conducted only between trade unions or trade unions and employers or employers ' organizations; d) tripartite social dialogue-dialogue between trade unions or trade unions, employers or employers ' organizations and public administration authorities; e) employer-natural or legal person who can, according to the law, hire labor on the basis of individual employment contract or service report; f) employers ' organization-the organization of employers, autonomous, non-political, established on the basis of the principle of free association, as a legal person of private law, without patrimonial purpose, constituted for the purpose of defense and promotion of rights and the common interests of its members, provided by the legal provisions in force, the international agreements, treaties and conventions to which Romania is a party, as well as its own statutes; g) employee-natural person, part of an individual employment contract or service report, which provides work for and under the authority of an employer and benefits from the rights provided by law, as well as the provisions of contracts or the applicable collective agreements; h) employee representatives-those elected and mandated by employees to represent them, according to the law; i) collective agreement-the convention concluded in written form between the employer or the employers 'organization and the employees' representatives, establishing clauses on the rights and obligations arising from labor relations. The conclusion of collective agreements aims to promote and defend the interests of the signatory parties, to prevent or limit collective labor conflicts, in order to ensure social peace; j) collective agreement-the convention concluded in written form between the trade union organizations of civil servants or civil servants with special status, their representatives and the representatives of the authority or public institution; k) establishment-a legal entity that directly engages the labor force; l) group of units-the form of structuring for collective bargaining at this level. It may be made up of two or more units which have the same main activity according to the code of Classification of activities in the national economy, hereinafter referred to as the CAEN code; National companies, autonomous regions, institutions or public authorities may constitute groups of units if they have in their composition, in subordination or in coordination other legal persons who employ the workforce; m) depositary of the collective agreement-the competent public authority to register the collective agreement; n) labor conflict-the conflict between employees and employers on economic, professional or social interests or the rights resulting from the conduct of employment or service relations. Labor conflicts can be collective or individual; o) collective labor conflict-the labor conflict that intervenes between employees and employers that have as their object the start, conduct or conclusion of negotiations on contracts or collective agreements; p) individual labor conflict-the labor conflict that has as its object the exercise of rights or the fulfillment of obligations arising from individual and collective employment contracts or from collective agreements and service relations of civil servants, as well as from laws or other normative acts. The following shall also be considered as individual labour conflicts: (i) conflicts in relation to the payment of compensation for the coverage of damages caused by the parties by failure to perform or improper performance of the obligations established by the individual employment contract or service report; (ii) conflicts in connection with the finding of invalidity of individual employment contracts or of their clauses; (iii) conflicts in connection with the finding of termination of service relations or of their clauses; q) parties entitled to negotiate a collective agreement-employers, employers ' organizations or trade union organizations that meet the legal conditions to participate in the negotiation of a collective agreement; r) sectors of activity-sectors of the national economy that are established by the National Tripartite Council and approved by Government decision; ---------- Lit. r) of art. 1 1 has been amended by section 4.2 1 1 of art. I of LAW no. 1 1 of 11 January 2016 published in MONITORUL OFFICIAL no. 26 26 of 14 January 2016. s) mutual recognition-the voluntary agreement by which the partners recognize each other's legitimacy in order to establish a common approach; t) representativeness-attribute of trade union or employers ' organizations acquired according to the provisions of this law, which confers the status of social partner empowered to represent its members within the institutionalized social dialogue; u) trade union organization-generic name for union, federation or trade union confederation. It is constituted on the basis of the right of free association, for the purpose of defending the rights provided for in national law, collective and individual employment contracts or collective agreements, as well as in the pacts, treaties and conventions international to which Romania is a party, to promote the professional, economic and social interests of its members; v) patron-registered legal person, natural person authorized according to the law or person who exercises according to the law a profession or profession independently, who manages and uses capital for the purpose of obtaining profit in conditions of competition and which employ wage labour; w) trade union-the form of voluntary organization of employees, in order to defend the rights and promote their professional, economic and social interests in relation to the employer. + Title II Trade union organisations + Chapter I General provisions + Article 2 (1) Trade union organisations are independent from public authorities, political parties and employers ' organisations. (2) Trade union organisations may not carry out activities of a political nature. + Article 3 (1) Persons with an individual employment contract, civil servants and civil servants with special status under the law, cooperative members and farmers assigned to work are entitled, without any restrictions or authorization. prior, to constitute and/or join a trade union. (2) For the establishment of a trade union a number of at least 15 employees of the same establishment is required. (3) No person may be compelled to do or not to be a party, to withdraw or not to withdraw from a trade union organization. (4) A person may, at the same time, be part of a single trade union organization with the same employer. (5) Minor employees, from the age of 16, may be members of a trade union organization, without the need for prior consent of their legal representatives. + Article 4 Persons holding public dignity functions according to the law, magistrates, military personnel of the Ministry of National Defence, Ministry of Administration and Interior, Romanian Intelligence Service, Protection and Guard Service, External information and the Special Telecommunications Service, the units and/or subunits under or their coordination cannot constitute and/or join a trade union organization. + 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 regulated by the statute adopted by its members, in compliance with the legal In the absence of express statutory provisions on the reorganization and termination of the work of the trade union organization, the common law provisions on the termination of legal entities will be applied. + Article 6 (. The statutes of the trade union organisations shall contain at least the following provisions concerning: 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 executive bodies of management, their name, the mode of 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) division, merger or dissolution of the trade union organization, transmission or, as the case may be, the liquidation of the patrimony. (2) The statutory clauses contrary to the laws in force are void of law. + 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) Any intervention by public authorities, employers and their organizations likely to limit or prevent the exercise of the rights provided in par. ((1). + Section 2 Management of trade union organisations + Article 8 They can be elected to the governing bodies of the trade union organizations persons who have full exercise capacity and do not execute the complementary punishment of prohibiting the right to serve, to exercise the profession or profession or to carry out the activity that was used for the commission of the crime. ---------- Article 8 has been amended by section 6.6. 1 1 of art. 98 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + 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 in the exercise of their functions. + Article 10 (1) The modification and/or dissolution of individual labor contracts of members of trade union organizations for reasons concerning union membership and trade union activity are prohibited. (2) Provisions of para. ((1) shall also apply accordingly to the service relations of civil servants and civil servants with special status. + Article 11 The period during which the person elected to the governing body is salarized by the trade union organization constitutes seniority. + Article 12 Through collective agreements or, as the case may be, collective agreements on service relations may be established, under the law, and other protection measures outside those provided for in art. 10 and 11 for those elected to the executive management bodies of trade union organizations. + Article 13 The executive management body of the trade union organization has the obligation to keep records of the number of members, receipts and expenses of any kind. + Section 3 Acquisition of legal personality + Article 14 (1) For the acquisition by the syndicate of the legal personality, 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 The territorial area is based. (2) At the request for registration of the union, the original and two copies certified by the legal representative from the following documents shall be attached: a) the minutes of formation of the union, signed by the founding members; b) status; c) the list of members of the executive management body of the union, with the mention of the name, surname, personal numerical code, professions/function and their domicile. + Article 15 (1) Upon receipt of the application for registration, the competent court according to art. 14 14 para. (1) 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 status of the union is according to the legal provisions (2) If it finds that the legal requirements for the constitution of the union 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. *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- (2) The term of appeal is 15 days and flows from the communication of the judgment. For the prosecutor the term call flows according to art. 462 462 para. ((4) of the Civil Procedure Code *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- (3) The appeal shall be adjudicated with the summoning of the special powers of the founding members of the trade union organization within 30 days. The appellate court shall render the decision and return the file to the court within 5 days of the pronouncement. *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- + Article 17 (1) The court is obliged to keep a special register of alunions, in which they register: the name and headquarters of the union, 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 the date of the final judgment of admission of the application for registration. *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- ((2) Registration in the special register of trade unions provided in par. ((1) shall be made ex officio, within 7 days from the date of final stay of the judgment delivered by the judge. *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- (3) The certificate of enrolment of the union in the special register of the court shall be communicated to him within 5 days of registration. + Article 18 The union acquires legal personality from the date of registration in the special register of trade unions, provided for in art. 17 17 para. ((1), of the judicial decision definitively. *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- + Article 19 The original of the minutes of constitution and of the statute, which the judge certifies the registration on each page, together with one copy of the other documents submitted shall be returned to the union, and the second copy of all the acts provided for to art. 14 14 para. (2), in copies signed on each page by the special processor and concerned by the court, shall be kept in its archive. + Article 20 (1) Trade union organizations are obliged to bring to the attention of the judge or the Bucharest City Court, as the case may be, where they registered, within 30 days, any subsequent amendment of the statute, as well as any change in the composition of the management body. (2) The court referred to in paragraph (1) is obliged to mention in the special register of trade unions, provided for in art. 17 17 para. (1), the changes in the statute, as well as changes in the composition of the governing body of the trade union organization (3) The application for the modification of the statutes and/or the composition of the governing bodies of the trade union organizations shall be accompanied by the following documents, in two copies, signed for conformity on each page by the special authorized designated by the governing body: a) the minutes of the statutory meeting of the authorized body to decide to modify the status and/or composition of the governing bodies; b) copy of the judgment on the acquisition of legal personality and copy of the last judicial decision amending the status or composition of the governing bodies, as the case may be; c) statutes, in modified form; d) the list of members of the management body, which will include the name, surname, personal numerical code, domicile and profession/function. + 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 onerous, any kind of movable and immovable property necessary to achieve the purpose for which it is established. (2) The representative trade union organizations, under the law, may negotiate through the collective agreement at the level of unity the making available of the premises and facilities necessary to carry out the trade union activity. (3) For the construction of own premises, the representative trade union confederations and federations may receive, under the conditions provided by law, in concession or rent, land from the private property of the state or of the units administrative-territorial. The lease or concession shall be made by administrative act issued by the competent authority. + Article 23 Movable and immovable property acquired by a trade union organization from central or local public authorities, free of charge, or received in use may not be used, directly or indirectly, for patrimonial purposes. + Article 24 (1) At the request of the trade union organization and with the consent of its members, employers will retain and transfer the union fee union to the monthly payment states. (2) The contribution paid by the union members shall be deductible in the amount of not more than 1% of the gross income realized, according to the provisions of the Fiscal Code. ---------- Article 24 has been amended by section 4.2. 2 2 of art. I of LAW no. 1 1 of 11 January 2016 published in MONITORUL OFFICIAL no. 26 26 of 14 January 2016. + Article 25 The trade union organization may, under the conditions laid down by the a) to materially support its members in exercising the profession; b) constitute own aid houses; c) to edit and print their own publications; d) to establish and administer, under the law, in the interest of its members, social units, culture, education and research in the field of trade union activity, commercial, insurance companies, as well as its own bank; e) to constitute own funds for the aid of its members; f) organize and support material and financial cultural-artistic activities; g) to organize and conduct training and professional qualification courses, under the law; h) to carry out other activities provided by the statute, under the law. + Article 26 (1) The control of the financial activity of the trade union organizations is carried out through the censor commission, which operates according to the statute and legislation in force (2) The control over the economic activity carried out by the trade union organizations, as well as the establishment and transfer of the obligations to the state budget and the social security budgets shall be carried out by the state administration bodies skills, according to 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 settlement procedures through conciliation, mediation, arbitration, petition, picket protest, march, rally and demonstration or strike, 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, on the basis of a written power of attorney. 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 expressly. (3) In the exercise of the duties provided by para. ((1) and (2), trade union organizations have active standing. + Article 29 Representative trade union confederations at national level may address the competent public authorities, under the conditions of art. 74 of the Romanian Constitution, republished, proposals to legislate in the areas of trade union interest. + Article 30 (. The employer may invite the representative union at the level of establishment to participate in the board of directors or other bodies assimilated to it, including in the case of public administration, to the discussion of issues of professional, economic and social. (2) In order to defend the rights and to promote the professional, economic and social interests of the members, representative trade union organizations will receive from employers or their organizations the information necessary for the negotiation collective agreements or, where appropriate, collective agreements, under the law. ((3) The decisions of the board of directors or other bodies assimilated to him regarding matters of professional, economic and social interest shall be communicated in writing to the union, within two working days from the date of the sitting. + Article 31 At the request of affiliated trade union organizations, representative trade union federations or confederations, as the case may be, may delegate representatives to assist them or represent their interests in relation to their employers or organizations. + Section 6 Relations of trade union organisations with their members + Article 32 Relations between trade union organisations and their members shall be governed by their statutes and by this law. + 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 The members elected to the executive management bodies of the trade union organizations, the specialized and administrative staff in their apparatus may be salarized from the funds of the trade union organizations. + Article 35 (1) Members elected to the executive management bodies of the union working directly in the establishment as employees are entitled to the reduction of the monthly working hours with a number of days intended for union activity, negotiated by the collective agreement or agreement at the level of establishment, without the employer's obligation to pay the salary rights for these days. (2) Days not used for trade union activity within one month may not be carried over for the following month. (3) The modality of carrying out union activities during the normal working hours shall be determined by the parties by the collective agreement or agreement at the level of establishment. + Chapter III Reorganisation and dissolution of trade union organisations + Article 36 In the case of reorganization of a trade union organization, the decisions on the patrimony shall be taken according to the + Article 37 Union organizations may dissolve by decision of their members or delegates, adopted according to their own statutes. + Article 38 (1) In the event of dissolution, the patrimony of the trade union organization shall be divided according to the provisions of its statute, in the absence of such provisions, according to the decision of the (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 the city of Bucharest, as the case may be, notified by any member of the trade union organization, decides on the distribution of heritage. + Article 39 (1) Within 5 days after the dissolution, the leaders of the dissolved trade union organization or the liquidators of the estate are obliged to ask the competent court which operated its registration in the special register of trade unions as a person legal to make the dissolving of the trade union organization. (2) After the end of the 5-day period, any person concerned among the members of the trade union organization may ask the competent court to make the mention provided in par. ((1). (3) The mention referred to in par. (1) will be made on the page and at the place where the registration was made in the special register of trade unions. + Article 40 (1) Trade union organizations may not be dissolved and their activity may not be suspended on the basis of acts of provision of public administration or employers ' authorities. ((. Where a trade union organisation no longer meets the minimum conditions of incorporation, any interested third party may request the competent court to dissolve the organisation concerned on the basis of a reasoned request. + Chapter IV Forms of association of trade union organisations + Article 41 (1) The legally constituted unions may be associated according to the criterion of the sectors of activity. ((2) Two or more trade unions constituted within the same sector of activity may be associated with a view to constituting a trade union federation. (3) Two or more trade union federations from different sectors of activity may be associated with a view to constituting a trade union confederation. (4) Trade union federations or confederations may consist of union trade union component unions. (5) A trade union may be affiliated, at national level, to a single trade union federation. Also, a trade union federation can be affiliated, at national level, to a single trade union confederation. ---------- Alin. ((5) of art. 41 41 has been introduced by section 3 3 of art. I of LAW no. 1 1 of 11 January 2016 published in MONITORUL OFFICIAL no. 26 26 of 14 January 2016. + Article 42 (1) The federations and trade union 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 the federation or the trade union confederation shall submit to the tribunal in whose territorial area a request for the acquisition of legal personality, accompanied by the following entries: a) the decision establishing the federation or the trade union 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 for the acquisition of the legal personality, remaining final, by the trade union organizations that associate; *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- d) the status of the federation or trade union confederation; e) the list of members of the executive management body, with the name, surname, personal numerical code and their function. + Article 43 (1) The 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 the trade union confederation shall apply for the acquisition of legal personality in the court in whose territorial area the territorial union union is established, accompanied by its decision. the federation or the union association of union formation, according to the statute, certified copy of the status of the federation or trade union confederation and of the legalized copy of the court decision on the acquisition of legal personality by this, remaining definitively *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- (2) Several trade union federations or confederations may jointly constitute territorial union unions. + 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 statutes of the trade 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 43 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 respective court will proceed with the settlement of the application within 10 days, with the citation of the special authorized. (4) The court referred to in paragraph ((1) pronounce a reasoned decision to admit or reject the application. (5) The decision of the court shall be communicated to the organization, no later than 5 days after the ruling. + Article 45 (1) The judgment of the tribunal is subject to appeal only. * Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- (2) The term of appeal is 15 days and flows from the communication of the judgment. For the prosecutor the term call flows according to art. 462 462 para. ((4) of the Civil Procedure Code *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- (3) The appeal shall be adjudicated expeditiously, within 45 days, with the summoning of the special power of attorney. The appellate court shall render the decision within 5 days of the pronouncement. *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- + Article 46 (1) The General Court of Bucharest is obliged to keep a special register of the federations, trade union confederations and their territorial union unions, in which they 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 of enrolment, and the number and date of the final court decision on the acquisition of the legal personality. *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- ((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 tribunals *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- (3) The certificate of enrolment of the federation, the trade union confederation and the territorial union union in the special register of the tribunal shall be communicated to them within 5 days of registration. + Article 47 The trade union organization constituted by association acquires legal personality from the date of final stay of the court decision to admit the application for registration in the special register. *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- + Article 48 The original of the minutes of constitution and of the statute, 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 provided for in art. 42 42 para. ((2) or in art. 43 43 para. (1), in copies certified by the special processor, shall be kept in the archive of the tribunal. + Article 49 (1) The trade union organization constituted by association shall be obliged to bring to the attention of the tribunal where there was, within 30 days, any subsequent amendment of the statute, as well as any change in the composition of the executive body of Driving. (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 executive management body of the trade union organization. + Article 50 Trade union organizations can join other domestic and international organizations, according to their status. + Chapter V Representativeness of trade unions + Article 51 (1) They are representative at national level, sector of activity, group of units and unit union organizations that cumulatively meet the following conditions: A. at national level: a) have legal status of trade union confederation; b) have organizational and patrimonial independence; c) the component trade union organizations aggregate a number of members of at least 5% of the staff of the employees of the national economy; d) have territorial structures in at least half plus one of the counties of Romania, including Bucharest; B. at sector level of activity or group of units: a) have legal status of union federation; b) have organizational and patrimonial independence; c) the component trade union organisations shall aggregate a number of members of at least 7% of the staff of the employees of the activity sector or group of units concerned; C. at unit level: a) have legal status of trade union; b) have organizational and patrimonial independence; c) the number of union members represents at least half plus one of the unit's employees. (2) The fulfilment by trade union organizations of the conditions of representativeness is found, at their request, by the court that granted them legal personality, by submitting to the court the documentation provided in art. 52. (. The judgment shall be reasoned and communicated within 15 days of the ruling. (4) The judgment may be appealed only by the appellate. *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- + Article 52 Proof of fulfilment of the conditions of representativeness shall be: A. at national level: a) copy of the final court decision on the acquisition of the legal personality of the confederation and of the last final court decision amending the status and/or composition of the executive management bodies; *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- b) extracted from the last published statistical bulletin on the total number of employees in the national economy; c) statements signed by the legal representatives of the member trade union federations in which the total number of union members of each federation is specified, as well as a cumulative situation signed by the legal representative of the trade union confederation comprising the list of component federations and the total number of their members; d) proof of submission to the Ministry of Labour, Family and Social Protection of a copy of the representativeness file; B. at sector level of activity or group of units: a) copy of the final court decision on the acquisition of the legal personality of the federation and of the last final court decision amending the status and/or composition of the governing bodies; *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- b) the statements signed by the legal representatives of the component trade unions specifying the total number of union members in each unit, as well as a cumulative situation signed by the legal representative of the trade union federation; c) data of the National Statistical Institute on the total number of employees in the respective activity sector or, in the case of the group of units, the statements of employers in the group on the number of employees d) proof of submission to the Ministry of Labour, Family and Social Protection of a copy of the representativeness file; C. at unit level: a) copy of the final court decision on the acquisition of the legal personality by the trade union and the last final court decision amending the status and/or composition of the executive management body; *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- b) statement signed by the union's legal representative on the total number of members; c) proof of the number of employees in the unit, issued by the employer d) proof of submission to the territorial labour inspectorate of a copy of the representativeness file. + Article 53 (1) Prior to the submission of the file for obtaining representativeness at the Bucharest City Court, the confederations and trade union federations will submit a written copy and one in electronic format of that file to the Ministry of Labour, Family and Social Protection, which will register it and issue proof of this. (2) The Ministry of Labour, Family and Social Protection will display on the website of the institution the file, as well as any other information on the representativeness provided by the trade union organizations. (3) Prior to the submission of the file for obtaining representativeness at the court, the unions will submit a written copy and one in electronic format of that file to the territorial labor inspectorate, which will register it and issue proof in that sense. + Title III Employers ' organisations + Chapter I Establishment, organization and functioning of employers ' organizations + Section 1 Formation and organization + Article 54 Employers ' organisations are independent from public authorities, political parties and trade unions. + Article 55 (1) The employers ' organizations shall be constituted by free association, by sectors of activity, territorially or at national level, as follows: a) patrons may associate themselves for the establishment of a employers ' organization; b) two or more employers 'organizations may constitute a employers' federation; c) two or more employers 'federations may constitute a employers' confederation. (2) Employers ' organizations may constitute their own territorial organizational structures, with or without legal personality. Territorial organizational structures without legal personality operate on the basis of the status of their employers ' organizations. ((3) The federations and the employers 'confederations may be from the organizations affiliated with territorial employers' unions. (4) The territorial employers 'unions acquire legal personality at the request of the federations or employers' confederations that have decided to establish them. For this purpose, the special power of attorney of the federation or the employers 'confederation shall submit an application for the acquisition of legal personality at the tribunal in whose territorial area the territorial employers' union is established, accompanied by the the federation or employers 'confederation of incorporation of the union, according to the statutes, certified copies of the statutes of the federations and/or employers' confederations and the legalized copies of the judicial decisions legal by them, remaining definition. *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- (4 ^ 1) An employer may be affiliated, at national level, to a single employers ' federation. Also, a employers 'federation can be affiliated, at national level, to a single higher-ranking employers' confederation. ---------- Alin. (4 ^ 1) of art. 55 55 has been introduced by section 4 4 of art. I of LAW no. 1 1 of 11 January 2016 published in MONITORUL OFFICIAL no. 26 26 of 14 January 2016. (5) A employers 'organization can only be afilia to a single higher-ranking employers' organization. (6) The employers ' organizations constituted at national level must have in their composition territorial structures in at least half plus one of the counties, including in Bucharest. + Article 56 (1) The employers ' organizations shall operate on the basis of their own statutes and regulations, according to the provisions of this law. (2) Employers ' organisations may not carry out activities of a political nature. + Section 2 Status + Article 57 The establishment, organization, operation and dissolution of a employers ' organization shall be governed by the statute adopted by its members, in compliance with the legal provisions. + Article 58 (. The Statute shall contain, under penalty of invalidity, at least the following: a) the name of the employers ' organization and the main b) the object of activity and purpose; c) the original heritage, its size and composition; d) sources of funding; e) members ' rights and obligations; f) the governing bodies; g) the establishment criterion; h) procedure to dissolve and liquidate the employers ' organization. (2) The legal personality of the employers ' organization shall be acquired according to this law. (3) For the acquisition of legal personality by the employers 'organization, the special power of attorney of the founding members of the employers' organization, provided in the minutes of establishment, must submit an application for registration at the The territorial area of which is based. (4) At the request for registration of the employers ' organization, the original and two copies certified by the legal representative of the following documents shall be attached: a) the minutes of formation of the employers ' organization, signed by the founding members; b) status; c) the list of members of the executive management body of the employers ' organization, with the mention of the name, surname, personal numerical code, professions/function and their domicile; d) proof of the existence of (5) Upon receipt of the application for registration, the competent court according to par. (3) it is obliged, no later than 5 days after its registration, to examine: a) if the documents provided in par. ((4); b) if the status of the employers ' organization is according to the legal provisions (6) If it finds that the legal requirements for the establishment of the employers ' organization are not fulfilled, the president of the court shall quote him in the council chamber on the special power of attorney provided in par. ((3), to which it requests, in writing, to remedy the irregularities found, within no more than 7 days. (7) If the requirements referred to in paragraph are met. (3), 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 employers ' organization. (8) The court gives a reasoned decision to admit or reject the application. (9) The decision of the judge shall be communicated to the signatory of the application for registration, no later than 5 days after the ruling. (10) Judgment is only subject to appeal. *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- (11) The term of appeal is 15 days and flows from the communication of the judgment. For the prosecutor the term call flows according to art. 462 462 para. ((4) of the Civil Procedure Code *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- (12) The appeal is adjudicated with the citation of the special power of attorney of the founding members of the employers ' organization within 30 days. The appellate court shall render the decision and return the file to the court within 5 days of the pronouncement. *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- + Article 59 (1) The court is obliged to keep a special register of employers 'organizations, in which they register: the name and headquarters of the employers' organization, the establishment criterion, the names and surnames of the members of the executive management body, as well as the number and date of the final court decision to admit the application for registration (2) The certificate of registration of the employers ' organization in the special register of the court shall be communicated to it within 5 days of registration. (3) The employers ' organization acquires legal personality from the date of registration in the special register provided in par. ((1) of the final judgment of admission of the application for registration. *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- (4) The original of the minutes of constitution and of the statute, which the judge certifies the registration on each page, together with one copy of the other documents submitted shall be returned to the employers ' organization, and the second copy of all the documents in the file, in copies signed on each page by the special processor and concerned by the court, will be kept in its archive. (5) The employers ' organizations shall be obliged to bring to the attention of the judge or the Bucharest City Court, as the case may be, where they registered within 30 days, any subsequent amendment of the statute, as well as any change in the the composition of the management body. (6) The court referred to in paragraph (5) is obliged to mention in the special register provided in par. (1) changes in the status, as well as changes in the composition of the management body of the employers ' organization. (7) The application for the modification of the statutes and/or the composition of the management bodies of the employers ' organizations will be accompanied by the following documents, in two copies, signed for conformity on each page by the special authorized designated by the governing body: a) the minutes of the statutory meeting of the authorized body to decide to modify the status and/or composition of the governing bodies; b) copy of the judgment on the acquisition of legal personality and copy of the last judicial decision amending the status or composition of the governing bodies, as the case may be; c) statutes, in modified form; d) the list of members of the management body that will include the name, surname, personal numerical code, domicile and function/profession. (8) The employers ' organization has the obligation, within 30 days from the date of final stay of the establishment decision, to transmit to the Ministry of Labour, Family and Social Protection, in electronic format, the status, the act constitutive, the table of adhesions, the contact details of the members of the executive management bodies, as well as the final judicial decision. *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- + Article 60 The employers ' organization acquires legal personality from the date of final stay of the court decision. + Section 3 Rights and obligations of employers ' organisations + Article 61 The employers ' organizations represent, support and defend the interests of their members in relations with public authorities, trade unions and other legal and natural persons, in relation to their object and purpose of activity, nationally and internationally, according to their own statutes and in accordance with the provisions of + Article 62 (1) In order to achieve the purpose for which they are established, employers ' organizations: a) represent, promote, support and defend the economic, legal and social interests of their members; b) promote fair competition, under the law; c) designate, under the law, representatives to the negotiation and conclusion of collective agreements, to other talks and agreements in relations with public authorities and trade unions, as well as in the two-party and tripartite structures of dialogue social; d) develop and promote codes of conduct in business; e) promote principles of social responsibility; f) provide for their members the information, facilitation of relations between them, as well as with other organizations, promotion of managerial progress, consulting services and specialized assistance, including in the field of employment and vocational training, as well as health and safety at work; g) at the request of their members, they have the right to assist and represent them before the courts of all ranks, bodies of jurisdiction, other institutions or authorities, through their own or elected defenders; h) develops and implements employment and employment policies; i) develop strategies and policies for economic and social development at sectoral and national level, under the law; j) establish and administer, under the law, in the interest of their members, social units, culture, education and research in their own field of interest, commercial, insurance companies, as well as their own bank. (2) Employers ' organizations are empowered to provide any services required by their members, under the law. + Article 63 (1) They can be elected to the governing bodies of employers ' organizations who have full exercise capacity and do not execute the complementary punishment of prohibiting the right to serve, to exercise the profession or profession or to carry out the activity that was used for the commission of the crime. ---------- Alin. ((1) of art. 63 63 has been amended by section 2 2 of art. 98 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (2) The members of the governing bodies of the employers ' organizations shall be provided with the protection of the law against any forms of discrimination, conditioning, coercion or limitation of the exercise of their duties and/or of their mandate, under penalty of punishment provided by law. + Article 64 (1) The representative employers ' confederations at national level may address the competent public authorities, under the conditions of art. 74 of the Romanian Constitution, republished, proposals to legislate in specific areas of interest. (2) The representative employers ' confederations at national level may be constituted in a structure of unitary representation of their interests, given that this structure comprises at least half plus one of the totality of the confederations representative employers at national level. ((3) Access to the representation structure provided in par. (2) may not be conditioned or restricted for any representative employers ' confederation at national level under the law. + Section 4 Heritage and business financing + Article 65 Movable and immovable property belonging to employers ' organizations can only be used in their interest and according to the purpose for which they were established. + Article 66 Employers ' organizations may acquire, under the conditions provided by law, free of charge or onerous, any kind of movable or immovable property necessary in order to achieve the purpose for which they are established. + Article 67 The economic and financial activity of employers ' organizations is carried out according to the own budget of income and expenses + Article 68 (1) The sources of income of employers ' organizations may be: registration fees, contributions, donations, sponsorships and other income, according to the statutes and laws in force. ((2) The incomes of the employers ' organizations are intended for the purposes for which they were established and cannot be assigned to their members. (3) The control of the own financial activity of the employers ' organizations shall be carried out through the censor commission that operates according to the statute and legislation (4) The control over the economic activity carried out by the employers ' organizations, as well as on the establishment and transfer of the obligations to the state budget and the social security budgets shall be carried out by the state administration bodies skills, according to law. + Chapter II Dissolution of employers ' organisations + Article 69 In the event of the dissolution of a employers ' organization, its patrimony shall be divided in compliance with the provisions of the Statute and of the + Article 70 (1) Within 15 days of dissolution, the representative representative of the employers ' organization or the liquidators of the patrimony shall be obliged to ask the competent court to make the mention of the dissolution. (2) After the expiry of the 15-day period, any interested person may request the competent court to operate the term provided in par. ((1). + Article 71 Employers ' organizations can join other domestic and international organizations, according to their status. + Chapter III Representation of employers ' organisations + Article 72 (1) They are representative at national or sector level of activity employers ' organizations that cumulatively meet the following conditions: A. at national level: a) have legal status of employers ' confederation; b) have organizational and patrimonial independence; c) have as patrons members whose units comprise at least 7% of employees in the national economy, with the exception of employees in the budget sector; d) have territorial structures in at least half plus one of the counties of Romania, including in Bucharest; B. at sector level of activity: a) have legal status of employers ' federation; b) have organizational and patrimonial independence; c) they have as members patrons whose units comprise at least 10% of the staff of the employees of the sector, with the exception of employees in the budgetary sector; C. at unit level, representative of law is the employer. (2) The fulfilment of the conditions of representativeness provided in par. (1) is found, by decision, by the Bucharest City Court, at the request of the employers ' organization, by submitting to the court the documentation provided in art. 73. (. The judgment shall be reasoned and communicated within 15 days of the ruling. (4) The judgment may be appealed only by the appellate. *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- + Article 73 The proof of fulfilment of the conditions of representativeness of the employers ' organizations shall be A. at national level: a) copy of the final court decision on the acquisition of the legal personality of the confederation and of the last final court decision amending the status and/or composition of the executive management bodies; *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- b) cumulative situation signed by the legal representative of the employers 'confederation, including the list of affiliated employers' federations, with the specification of their member units, as well as the total number of employees of each, certified by territorial labour inspectorates; c) proof of submission to the Ministry of Labour, Family and Social Protection of a copy of the representativeness file; B. at sector level of activity: a) copy of the final court decision on the acquisition of the legal personality of the federation by the employers ' organization and of the last final court decision amending the statute and/or the composition of the executive bodies of driving; *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- b) cumulative situation signed by the legal representative of the employers ' federation, including the list of member units and the total number of their employees, certified by the territorial labor inspectorates, as well as copies of the documents members of the federation; c) the sector of activity and the number of employees within it; d) proof of submission to the Ministry of Labour, Family and Social Protection of a copy of the representativeness file. + Article 74 (1) Prior to the submission of the representativeness file at the Bucharest City Court, the confederations and employers ' federations will submit a written copy and one in electronic format of that file to the Ministry of Labour, Family and Protection Social that will record it and issue proof of this. (2) The Ministry of Labour, Family and Social Protection will display on the website of the institution the file, as well as any other information on representativeness, made available by employers ' organizations. + Title IV National Tripartite Council for Social Dialogue + Article 75 In order to promote good practices in the field of tripartite social dialogue at the highest level, the National Tripartite Council for Social Dialogue, hereinafter referred to as the National Tripartite Council, an advisory body at the level national social partners. + Article 76 The National Tripartite Council has the following component: a) the presidents of the national employers ' and trade union confederations; b) representatives of the Government, appointed by decision of the Prime Minister, at least at the level of state secretary, from each ministry, as well as from other structures of the state, according to those agreed with the social partners; c) representative of the National Bank of Romania, President of the Economic and Social Council and other members agreed with the social partners. + Article 77 The National Tripartite Council is chaired by the Prime Minister, its rightful place minister being the Minister of Labour, Family and Social Protection. + Article 78 The main tasks of the National Tripartite Council are: a) to provide the consultation framework for the establishment of the guaranteed minimum wage; b) debate and analysis of draft programs and strategies developed at governmental level; c) to develop and support the implementation of strategies, programs, methodologies and standards in the field of social dialogue; d) solving the tripartite dialogue of social and economic differences; e) the negotiation and conclusion of social agreements and pacts, as well as other agreements at national level and the monitoring of their application; f) the analysis and, where appropriate, the approval of requests for extension of the application of collective agreements at sectoral level for all units in the respective sector of activity; f ^ 1) establishes the sectors of activity, which are approved by Government decision; ---------- Lit. f ^ 1) of art. 78 78 was introduced by section 4.2. 5 5 of art. I of LAW no. 1 1 of 11 January 2016 published in MONITORUL OFFICIAL no. 26 26 of 14 January 2016. g) other duties agreed between the parties. + Article 79 The Secretariat of the National Tripartite Council is provided by the Ministry of Labour, Family and Social Protection. + Article 80 The National Tripartite Council elaborates its own rules of organization and functioning, which are approved in its plenum. + Article 81 Representatives of other state authorities or experts may be invited to the meetings of the National Tripartite Council, according to those agreed between the parties. + Title V Repealed. --------- Tits V was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Chapter I Repealed. -------- Head. I of Title V was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 82 Repealed. -------- Article 82 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 83 Repealed. -------- Article 83 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 84 Repealed. -------- Article 84 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 85 Repealed. -------- Article 85 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Chapter II Repealed. ---------- Head. II of Title V was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 86 Repealed. -------- Article 86 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 87 Repealed. -------- Article 87 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 88 Repealed. -------- Article 88 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 89 Repealed. -------- Article 89 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 90 Repealed. -------- Article 90 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Chapter III Repealed. -------- Head. III of Title V was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Section 1 Repealed. --------- Sect. 1 a head. III of Title V was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 91 Repealed. -------- Article 91 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Section 2 Repealed. ---------- Sect. 2nd head. III of Title V was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 92 Repealed. -------- Article 92 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 93 Repealed. -------- Article 93 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 94 Repealed. -------- Article 94 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 95 Repealed. -------- Article 95 has been repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 96 Repealed. -------- Article 96 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 97 Repealed. -------- Article 97 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 98 Repealed. -------- Article 98 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 99 Repealed. -------- Article 99 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 100 Repealed. -------- Article 100 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 101 Repealed. -------- Article 101 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 102 Repealed. -------- Article 102 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Section 3 Repealed. -------- Sect. 3rd head. III of Title V was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 103 Repealed. -------- Article 103 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Section 4 Repealed. --------- Sect. 4th of the head. III of Title V was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 104 Repealed. -------- Article 104 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 105 Repealed. -------- Article 105 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 106 Repealed. -------- Article 106 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Section 5-a Repealed. --------- Sect. 5th of the head. III of Title V was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 107 Repealed. -------- Article 107 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 108 Repealed. -------- Article 108 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 109 Repealed. -------- Article 109 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 110 Repealed. -------- Article 110 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 111 Repealed. -------- Article 111 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Section 6 Repealed. --------- Sect. 6th of the head. III of Title V was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 112 Repealed. -------- Article 112 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Chapter IV Repealed. ---------- Head. IV of Title V was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 113 Repealed. -------- Article 113 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 114 Repealed. -------- Article 114 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 115 Repealed. -------- Article 115 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 116 Repealed. -------- Article 116 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 117 Repealed. -------- Article 117 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 118 Repealed. -------- Article 118 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Article 119 Repealed. -------- Article 119 was repealed by art. 38 of LAW no. 248 248 of 19 July 2013 published in MONITORUL OFFICIAL no. 456 456 of 24 July 2013. + Title VI Establishment and functioning of social dialogue committees at the level of central and territorial public administration + Article 120 (1) Within the Ministries and other public institutions set out in Annex no. 1, as well as at the level of the counties and the city of Bucharest are constituted and will operate social dialogue commissions, consisting of representatives of central or local public administration, representatives of employers ' organizations and organizations representative trade unions at national level. (2) The social dialogue committees operating at the level of ministries may approve the establishment of social dialogue subcommittees or working groups of persons designated by the plenum of those committees. (3) The social dialogue commissions constituted at the level of the counties may approve the establishment of subcommittees of social dialogue at the level of the localities of the respective county. county level commission. + Article 121 The social dialogue committees shall be of an advisory nature and shall, in particular, concern the following: a) ensuring social partnership relations between the administration, employers ' organizations and trade union organizations, allowing a permanent mutual information on issues that are of the field of interest of the administration or of social partners, with a view to ensuring a climate of peace and social stability; b) compulsory consultation of the social partners on legislative or other initiatives of an economic and social nature; c) other problems in the sphere of activity of the central public administration or in the counties and the city of Bucharest on which the social partners agree to discuss. + Article 122 ((1) Of the social dialogue committees organized at the level of ministries and public institutions set out in Annex no. 1 1 are part: a) representatives of ministries or of those public institutions, appointed by order of the minister, respectively of the head of the public institution; b) representatives appointed by the representative employers ' confederations at national level; c) representatives appointed by representative trade union confederations at national level. (2) Of the social dialogue committees organized at territorial level are: a) the prefect, as well as representatives of the prefect and of the devolved public services of the ministries and of the other specialized bodies of the central public administration, appointed by order by the prefect; b) the president of the county council or, for the city of Bucharest, c) a representative appointed by each representative employers ' confederation at national level; d) one representative appointed by each representative trade union confederation at national level. ((3) The presidents of the national employers ' and trade union confederations are members of law of the social dialogue committees set up at the level of central and local public administration. + Article 123 (. The Presidency of the Social Dialogue Committees shall ensure that: a) at the level of each ministry, by a secretary of state or, in special situations-with the agreement of the social dialogue partners-, by another representative of the ministry, empowered by order of the minister; at the level of the other institutions public as set out in Annex No 1, by a representative appointed by the head of the public institution; b) at territorial level, based on the principle of copresidency, by the prefect and the president of the county council or, for the city of Bucharest, by the general mayor. ((. The Secretariat of the Social Dialogue Committees shall ensure the public institution in which they operate. + Article 124 (1) The unitary elaboration of national policies in the field of social dialogue and the methodological coordination of social dialogue commissions shall be ensured by the Ministry of Labour, Family and Social Protection. ((2) The chairpersons of the social dialogue committees in ministries or within the public institutions set out in Annex no. 1 are methodologically coordinated by the Secretary of State designated by the Minister of Labour, Family and Social Protection. (3) For the exercise of his role as coordinator provided in par. (1), the Ministry of Labour, Family and Social Protection issues methodological norms for the regulation of social dialogue. (4) In order to ensure the unitary functioning of the social dialogue committees, the persons responsible for this field in ministries, prefectures, as well as within the public institutions set out in Annex no. 1 will be trained through programs carried out by the Ministry of Labor, Family and Social Protection through the directions with attributions in the activity of social dialogue. (5) The secretariats of the social dialogue committees shall transmit to the Ministry of Labour, Family and Social Protection the composition of the social dialogue commissions within 30 days from the entry into force of this Law. (6) The reporting of the activity of the social dialogue commissions in the ministries is made monthly to the Ministry of Labour, Family and Social Protection and is transmitted for information to the social partners, according to the model set out in Annex no. 2. (7) The reporting of the activity of the county social dialogue commissions is made monthly to the Secretary of State responsible for social dialogue within the Ministry of Labour, Family and Social Protection, according to the model set out in Annex no. 2. (8) The reporting is done on paper and in electronic format. + Article 125 (1) Within 30 days from the date of entry into force of this Law, the social dialogue commissions organized at the level of the ministries and public institutions set out in Annex no. 1, as well as territorial plan will be constituted and will carry out their activity in accordance with its provisions. (2) The framework regulation on the establishment and functioning of the social dialogue committees at the level of the central public administration is set out in Annex no. 3. (3) The framework regulation on the establishment and functioning of the social dialogue committees at the level of the local public administration is set out in Annex no. 4. (4) On the basis of the framework regulation, the social dialogue committees will develop, within 30 days from the entry into force of this law, their own operating regulation, the provisions of which cannot contravene the provisions of the framework regulation. + Article 126 Annexes no. 1-4 are an integral part of this law. + Title VII Collective bargaining + Chapter I Negotiation of collective agreements + Article 127 The organization and conduct of collective negotiations, as well as the conclusion of collective agreements are regulated by this law. + Article 128 (1) Collective labor contracts may be negotiated at the level of units, groups of units and sectors of activity. (2) The criterion of belonging to the sectors of activity is that of the main activity object registered with the trade register, according to the CAEN code. ((3) The units of the same sector of activity defined by belonging to the same division, group or class, according to the CAEN code, can be voluntarily constituted in groups of units, in order to negotiate collective agreements at the respective level. Employers who intend to negotiate collective agreement at group level of units may voluntarily constitute the group of units, both by a court decision of constitution and by minutes or any other written convention. between parties. (4) They are part of the collective agreements and the conventions between their signatory parties which settle the collective labour disputes and the arbitral decisions in this matter, starting with the date of their delivery. Arbitral decisions shall be transmitted to the depositary of the collective agreement for registration. + Article 129 (1) Collective bargaining is mandatory only at the unit level, unless the unit has fewer than 21 employees. (2) The negotiation initiative belongs to the employer or employers ' organization. (3) The employer or the employers ' organization shall initiate collective bargaining at least 45 calendar days before the expiration of the collective agreements or the expiry of the period of applicability of the clauses stipulated in the collective agreements. (4) If the employer or the employers ' organization does not initiate the negotiation, it will begin at the written request of the representative trade union organization or employee representatives, within no more than 10 calendar days from communication of request (5) The duration of collective bargaining may not exceed 60 calendar days except by agreement of the parties. (6) Collective labor contracts may provide for the periodic renegotiation of any clauses agreed between the parties. + Article 130 (1) Within 5 calendar days from the date of triggering the negotiation procedures provided by art. 129 129 para. (4), the employer or the employers ' organization has the obligation to convene all the parties entitled in order to negotiate the collective agreement. (2) At the first negotiating meeting, public and confidential information is established that the employer will provide to union delegates or employees ' representatives, according to the law and the date until which they are to meet this obligation. ((3) The regime of confidential information provided by the employer shall be the one established by Law no. 467/2006 establishing the general framework for the information and consultation of employees. (4) The information that the employer or employers 'organization will provide to the trade union delegates or employees' representatives, as the case may be, shall include at least data relating to: a) economic and financial situation up to date; b) employment situation. (5) Also at the first negotiating meeting the parties will record in the minutes the following: a) the nominal composition of the negotiating teams for each party, on the basis of written powers; b) nomination of mandated persons to sign the collective agreement; c) the maximum duration of the negotiations agreed by the parties; d) place and calendar of meetings; e) evidence of the representativeness of the parties f) evidence of the convocation of all parties entitled to participate in the negotiation; g) other details on the negotiation. (6) The date on which the first negotiating meeting is held shall be the date on which the negotiations are deemed to have been triggered. (7) The minutes signed by the mandated representatives of the parties to which the content of the negotiations will be concluded shall be concluded at each negotiating meeting. + Article 131 (1) In the negotiation of clauses and at the conclusion of collective agreements, the parties shall be equal and free. (2) Any interference of public authorities shall be prohibited, in any form and manner, in the negotiation, conclusion, execution, modification and termination of collective agreements. + Article 132 (1) The clauses of collective agreements may establish rights and obligations only within the limits and under the conditions laid down by law. (2) At the conclusion of collective agreements, the legal provisions regarding employees ' rights have a minimal character. (3) Collective labor contracts may not contain clauses establishing rights at a level below those established by the applicable collective agreement concluded at the higher level. (. Individual employment contracts may not contain clauses establishing rights at levels below those set out in the applicable collective agreements. + Chapter II Effects of collective agreements + Article 133 ((. The terms of the collective agreements shall take effect as follows: a) for all employees in the unit, in the case of collective agreements concluded at this level; b) for all employees assigned to the units belonging to the group of units for which the collective agreement has been concluded; c) for all employees assigned to the units in the sector of activity for which the collective agreement was concluded and which are part of the employers ' organizations signatories to the contract. (2) At each of the levels provided in par. ((1) a single collective agreement shall be concluded and registered. (3) In collective agreements at any level the clauses applicable to employees with individual employment contract in the budgetary sector will necessarily comply with the provisions of art. 138. + Chapter III Parties and their representation in collective bargaining + Article 134 The parties to the collective agreement are the employer or employers ' organization and the employees, through the trade union organizations, represented as follows: 1. Employer or employers ' organizations: a) at the level of establishment, by its governing body, established by law, statute or operating regulation, as the case may be; b) at sector level of activity and group of units, by legally constituted and representative employers ' organizations according to the law; c) at the level of the budgetary institution and of the public authorities and institutions that have in subordination or in coordination other legal entities that employ labor, by the head of the institution, respectively by the heads of the authorities and public institutions, as the case may be, or by their rightful residents; d) at sector level of budgetary activity, by the legal representative of the competent central public authority. 2. Employees: a) at the level of unity, by the legally constituted and representative unions. If the union is not representative, the representation shall be made by the federation to which the union is affiliated, if the federation is representative at the level of the sector to which the unit belongs; where trade unions are not constituted, by the elected representatives of the employees; b) at the level of groups of units and sectors of activity, by legally constituted and representative trade union organizations according to the law; c) at the level of budgetary institutions and public authorities and institutions that have in subordination or in coordination other legal entities that employ labor, by trade union organizations representative according to the law. ---------- Article 134 has been amended by section 4.2. 6 6 of art. I of LAW no. 1 1 of 11 January 2016 published in MONITORUL OFFICIAL no. 26 26 of 14 January 2016. + Article 135 (1) In establishments where there are no representative trade unions the negotiation of the collective agreement shall be as follows: a) if there is a union constituted at the level of unity, affiliated to a representative trade union federation in the sector of activity of which the unit belongs, the negotiation is made by the representatives of the trade union federation, at the request and on the basis of the union's mandate, together with the elected employee representatives; b) if there is a union not affiliated to a representative trade union federation in the sector of activity of which the unit belongs or there is no union, the negotiation is made only by the employees ' representatives. ((2) If at the level of the unit group there are no representative trade union organizations representing at least half of the total number of employees of the unit group, at the negotiation of the collective agreement the employees are represented as follows: a) by representatives mandated by representative trade union organizations within each unit that decided to set up the group; b) for the member units of the group in which there are no representative trade unions, but there are trade unions affiliated to the representative trade union federations in the sector of activity in which the group was constituted, the employees are represented by the trade union federations concerned, on the basis of the trade unions ' request and mandate, and the representatives of the employees (3) Trade union federations representative at the level of the activity sectors under this law may participate in the negotiation of collective agreements at the level of groups of units in which they have affiliated unions, at the request and on the basis of the mandate from them. (4) The representative trade union confederations at national level under this law may participate in the negotiation of collective agreements at the level of the sectors of activity in which they have member federations, at the request and on the basis of the their share. + Article 136 (1) The collective labor contracts, concluded at any level, can only be signed by the representatives mandated in this regard of the parties who negotiated. (2) Prior to the conclusion and signing of collective agreements at sector level of activity, employers members of employers ' organizations representative at sector level of activity, as well as member trade union organizations of trade union confederations participating in the negotiations will empower their representatives to negotiate through a special mandate. + Chapter IV Parties and their representation in collective bargaining in the budgetary sector + Article 137 Repealed. ---------- Article 137 has been repealed by point (a) 7 7 of art. I of LAW no. 1 1 of 11 January 2016 published in MONITORUL OFFICIAL no. 26 26 of 14 January 2016. + Article 138 (1) The contracts/collective agreements concluded in the budgetary sector cannot be negotiated or included clauses relating to rights in money and in kind, other than those provided by the legislation in force for the respective category of Personally. (2) By exception to the provisions of art. 129 129 para. (3) collective labor contracts in the budgetary sector shall be negotiated, under the law, after the approval of the revenue and expenditure budgets of the authorising officers, within the limits and under the conditions established by them. (3) The salary rights in the budgetary sector are established by law within precise limits, which cannot be the object of negotiations and cannot be modified by collective agreements. If the salary rights are set by special laws between minimum and maximum limits, concrete salary rights are determined by collective negotiations, but only between legal limits. (4) The clauses contained in the collective agreements concluded in violation of the provisions of par. ((1)-(3) are hit by nullity. (5) The liability for the conclusion of collective agreements with non-compliance with the provisions of ((1)-(3) returns to the employer. + Article 138 ^ 1 (1) Collective labor contracts are also negotiated at the level of autonomous regions, national companies, assimilated to groups of units, as well as at the level of public authorities and institutions that have in subordination or in coordination other persons legal that employs the workforce. In the case of public authorities and institutions that have in their subordination or in coordination other legal persons who employ the workforce, the collective agreement shall be concluded between the head of the public authority or the public institution and constituted and representative, according to the law. (2) In collective agreements concluded at the level of sector of activity, for staff in the budgetary sector, the parties will expressly set out the modalities for the negotiation of collective agreements at the level of the authorities and institutions that they have in their subordination or in coordination other legal persons who employ the labour force, the authorities/institutions in coordination or the subordination of the central public authority. ---------- Art. 138 ^ 1 was introduced by item 8 8 of art. I of LAW no. 1 1 of 11 January 2016 published in MONITORUL OFFICIAL no. 26 26 of 14 January 2016. + Article 139 The negotiation of collective agreements for civil servants is in accordance with the legal provisions in the matter. + Chapter V Conclusion of collective agreements + Article 140 (1) In order to ensure participation in the negotiation of collective agreements at sector level of activity, group of units and units, employers or employers ' organizations will transmit to all parties entitled to negotiate the contract collective of work the announcement of the intention to start collective negotiations. If the employer or the employers ' organization did not initiate the negotiations in accordance with the provisions of art. 129 129 para. (3), the trade union organization or the employees ' representatives, as the case may be, initiating the negotiations according to 129 129 para. (5) will transmit to all parties entitled to participate in the negotiation the announcement of the intention to start collective negotiations. (2) The non-invitation to negotiations of all parties entitled to negotiate the collective agreement shall constitute grounds for non-registration of the negotiated collective agreement. (3) The announcement provided in par. ((1) will be sent in written form to all parties entitled to negotiate the collective agreement, at least 15 days before the start of negotiations. They will confirm in writing the receipt of that announcement and acceptance or refusal of participation in the negotiation. The lack of a written answer, coupled with the presentation of proof of invitation to negotiations, will be interpreted as a refusal to participate in negotiations. + Article 141 (1) The collective agreement shall be concluded for a fixed period, which shall not be less than 12 months and more than 24 months. (2) The parties may decide to extend the application of the collective agreement, under the conditions established by this law, only once, by no more than 12 months. ((3) If in a unit there is no collective agreement, the parties may agree to negotiate it at any time. + Article 142 (1) The clauses contained in the collective agreements that are negotiated in violation of the provisions of art. 132 132 are hit by nullity. (2) The nulity of the contractual clauses shall be found by the competent courts, at the request of the party concerned, either by way of action or by way of exception. (3) In case of a declaration of invalidity of clauses by the court, the parties may agree to renegotiate them. (4) Until the renegotiation of the clauses whose nullity has been found, they are replaced by the more favorable provisions of the employees, contained in the law or in the applicable collective agreement concluded at the higher level, as the case may be. + Article 143 (. The collective labor contracts and the additional acts shall be concluded in written form and shall be recorded by the care of the parties, as follows: a) the collective agreement at the level of the unit, at the territorial labor inspectorate; b) collective agreements concluded at the level of groups of units and sectors of activity, at the Ministry of Labour, Family and Social Protection. (2) The file drawn up for registration shall include: a) the collective agreement, in original, written in so many copies as many signatory parties are, plus one for the depositary, signed by the parties; b) the proof of the convocation of the parties entitled to participate c) written powers for the appointed representatives for the negotiation and signing of the collective agreement; d) evidence of representativeness of the parties. In the case of the group of units constituted only for the negotiation of a collective agreement at this level, the evidence of representativeness may be those of the members of the union party, according to art. 134 lit. B and art. 135 135 para. (2), the employers ' part proving the establishment of the unit group, according to the provisions of art. 128 128 para. (3), with a view to negotiating; e) the minutes of the negotiation, drawn up in so many copies as many signatory parties are, plus one for the depositary, containing the position of the parties; f) for collective agreements concluded at the level of sector of activity, the special mandates provided for in art. 136 136 para. ((2). (3) In the case of contracts negotiated at the level of the activity sectors, the collective agreement will be registered at the respective level only if the number of employees in the member units of the signatory employers ' organizations is more than half of the total number of employees in the sector of activity. Otherwise, the contract will be registered as a group-level contract of units. (4) For contracts at sector level of activity or group of units, the file provided in par. (2) will also include the list of units to which the contract applies in accordance with the special mandates provided for in art. 136 136 para. ((2). (5) If the condition referred to in par. (3), the application of the collective agreement registered at the level of a sector of activity will be extended to all units in the sector, by order of the Minister of Labour, Family and Social Protection, with the approval of the National Council Tripartite, on the basis of a request addressed to it by the signatories of the collective agreement at sectoral level. + Article 144 (. Collective labor contracts shall apply from the date of their registration with the competent authority or at a later date, according to the convention of the parties. (2) The collective labor contracts at the level of activity sectors and groups of units, as well as the additional documents to them will be published in the Official Gazette of Romania, Part V, through the care of the signatory parties. + Article 145 (1) The Ministry of Labour, Family and Social Protection or, as the case may be, the territorial labour inspectorates will proceed to the registration of collective agreements after verifying the fulfilment of the procedural conditions provided for by this Law If these conditions are not met, collective agreements will be returned to the signatories for the fulfilment of the legal conditions. (2) The Ministry of Labour, Family and Social Protection will publish on the website the collective agreements at sector level of activity and group of units. + Article 146 (. Collective labor contracts shall not be registered if: a) the parties have not submitted the file in accordance with the provisions of 143 143 para. ((2); b) are not signed by trade union organizations representing more than half of all employees in the sector or group of units for which the contract was negotiated; c) the representative of any party who participated in the negotiations did not agree with any of the terms of the contract and this fact was recorded in the minutes of negotiation. (2) At the unit level, the collective agreement will be registered without the signature of all parties only if the signatory party representing the employees covers more than half of the total employees. + Article 147 Against the refusal of registration of collective labor contracts interested parties can apply to the courts under the Law of Administrative Litigation no. 554/2004, with subsequent amendments and completions. + Chapter VI Execution, modification, suspension and termination of the collective agreement + Article 148 (1) The performance of the collective agreement is mandatory for the parties. (2) Failure to fulfil the obligations assumed by the collective agreement shall entail the responsibility of the parties who are guilty of it. + Article 149 The terms of the collective agreement can be modified during its execution, under the law, whenever all parties entitled to negotiate the collective agreement agree this. + Article 150 ((1) The amendments to the collective agreement shall be recorded in an addendum signed by all parties that have concluded the contract. (2) The addendum shall be transmitted in writing to the body to which the collective agreement was registered and to all the signatory parties and shall take effect from the date of its registration under the conditions of this law or from a later date, according to the convention + Article 151 The collective agreement shall cease: a) at the end of the term or at the end of the work for which it has been concluded, if the parties do not agree to extend its application, b) on the date of dissolution or judicial liquidation of the unit; c) by agreement of the Parties + Article 152 (1) The collective agreement cannot be unilaterally denounced. ((2) Litigies in connection with the execution, modification or termination of the collective agreement shall be settled by the competent courts. + Article 153 According to the principle of mutual recognition any legally constituted trade union organization may conclude with an employer or a employers ' organization any other types of agreements, conventions or agreements, in written form, which represent the law the parties and whose provisions are applicable only to members of the signatory organisations + Title VIII Regulation of the modalities for the resolution of labour disputes + Chapter I General provisions + Article 154 (1) The employment relationships established between employers and their employees shall be carried out in compliance with the legal provisions, as well as under the conditions negotiated by collective and individual employment contracts. (2) Violation with guilt by one of the parties of his obligations according to par. (1) draws its liability. + Article 155 Labor conflicts are solved according to the provisions of this law. + Chapter II Collective labour conflicts + Article 156 The right of employees to trigger collective labor conflicts in connection with the commencement, conduct and conclusion of collective bargaining agreements is guaranteed by law. + Article 157 I cannot constitute the object of collective labor disputes the claims of employees for whose resolution it is necessary to adopt a law or another normative act. + Article 158 Collective labor conflicts may take place to defend collective interests of an economic, professional or social nature, in accordance with the provisions of art. 156. + Article 159 (1) In collective labor conflicts at the level of unity the employees are represented by the representative unions in the unit, according to the law. (2) At the level of the units in which representative trade unions are not constituted, and the employees have chosen their persons to represent them at the negotiations, the same persons represent them in the case of collective labor conflicts. + Article 160 In the case of collective labor conflicts the employees are represented by representative trade union organizations or employees ' representatives, as the case may be, who participate in the collective negotiations of the contract or the applicable collective agreement. + Article 161 Collective labour conflicts can be triggered in the following situations: a) the employer or employers ' organization refuses to start the negotiation of a contract or collective agreement, given that it does not have concluded such a contract or agreement or the previous one has ceased; b) the employer or employers ' organization does not accept the claims made by the employees; c) the parties do not reach an agreement on the conclusion of a collective agreement or agreement until the agreed date for the completion of the negotiations. + Article 162 (1) In all cases where there are premises for the onset of a collective labor conflict, representative trade union organizations or employee representatives, as the case may be, shall notify the employer, respectively the employers ' organization, of this situation, stating the employees ' claims, their motivation, as well as the settlement proposals. The employer is obliged to receive and register the complaint thus formulated. (2) The requirement provided in par. ((1) shall be deemed to be fulfilled and where the claims, motivation and settlement proposals are expressed by the representative union or by the elected representatives of the employees on the occasion of the meeting with the representatives of the employer or of the employers ' organization, if the discussions were recorded in a minutes. (3) The employer or employers 'organization has the obligation to respond in writing to the unions or, in the absence thereof, to the employees' representatives, within two working days from the receipt of the complaint, with the stipulation of the point of view for each of the claims made. + Article 163 If the employer or the employers 'organization did not respond to all the claims made or, although it replied, the unions or the employees' representatives, as the case may be, do not agree with the said point of view, the collective conflict of Work can be triggered. + Article 164 During the validity of a contract or collective agreement the employees cannot trigger the collective labor conflict. + Article 165 The collective labour conflict shall be triggered only after its prior registration as follows: a) at the unit level, the representative trade union organization or the employees ' representatives, as the case may be, notify the employer of the onset of the collective labor conflict and notify in writing the territorial labor inspectorate in the county where they carries out the activity of the employees of the unit that triggered the conflict, in b) at group level of units, representative trade union organizations will notify each member unit of the unit group, as well as the employers ' organization constituted at the level of the group triggering the collective labor conflict and notice in written the Ministry of Labour, Family and Social Protection, in order to conciliate; c) at the level of the activity sector, the representative trade union organizations will notify each unit in which they have representative trade union organizations, as well as the corresponding employers ' organizations work and will refer the Ministry of Labour, Family and Social Protection to conciliation in writing. + Chapter III Conciliation of collective labour disputes + Article 166 In all cases, the complaint for the conciliation of the collective labour conflict shall be made in writing and shall contain the following particulars: a) the employer or the employers ' organisation, indicating their headquarters and contact details; b) the object of the collective conflict of work and its motivation; c) proof of fulfilment of the requirements 161 161 -163; d) the nominal designation of the persons delegated to represent the representative trade union organization or, as the case may be, the employees ' representatives. + Article 167 Conciliation, mediation and arbitration of collective labour disputes shall be made only between the conflicting parties. + Article 168 (. The conciliation procedure shall be binding. (2) Within 3 working days from the registration of the complaint, the Ministry of Labour, Family and Social Protection, in the case of collective labor conflicts at group level of units or at sectoral level, namely the territorial labor inspectorate, in the case of collective labour disputes at the level of establishment, designate the delegate or for participating in the conciliation of the collective labour conflict and shall communicate the data of the person designated to both the trade union organisation or and employer or employers ' organization. (3) The Ministry of Labour, Family and Social Protection, respectively the territorial labour inspectorate, as the case may be, shall convene the parties to the conciliation procedure within a period not exceeding 7 working days from the date of designation of the delegate. + Article 169 (1) In order to support their interests at conciliation, representative trade unions or, as the case may be, employees ' representatives shall designate a delegation of 2-5 persons, which shall be empowered in writing to participate in the conciliation organized by The Ministry of Labour, Family and Social Protection or the territorial labour inspectorate, as the case may be. The trade union delegation may also include representatives of the federation or trade union confederation to which the trade union organisation is affiliated. (2) It may be chosen as a delegate of representative trade unions or, where applicable, of employees ' representatives any person who meets the following conditions: a) has full exercise capacity; b) is an employee of the unit or represents the federation or the representative trade union confederation to which the trade union organization that triggered the labor conflict is affiliated. + Article 170 In order to support its interests at conciliation, the employer or the employers ' organization shall designate by a written power of attorney a delegation composed of 2-5 persons to participate in the conciliation. + Article 171 (1) On the date fixed for conciliation, the delegate of the Ministry of Labour, Family and Social Protection or of the territorial labour inspectorate, as the case may be, shall verify the powers of the parties ' delegates and insist that they act to achieve conciliation. (2) The parties ' statements and the outcome of the debates shall be recorded in a minutes, signed by the parties and the delegate of the Ministry of Labour, Family and Social Protection or the territorial labour inspectorate, as the case may be. (3) The minutes shall be drawn up in original, one for each participating party in conciliation and one for the delegate of the Ministry of Labour, Family and Social Protection or the territorial labour inspectorate, as the case may be. + Article 172 If an agreement is reached on the settlement of the claims made, the collective labour conflict shall be deemed to be concluded. + Article 173 In situations where the agreement on the settlement of the collective labor conflict is only partially, the minutes will record the claims on which the agreement was made and those left outstanding, together with the views. of each part relating to the latter. + Article 174 The results of the conciliation will be brought to the attention of the employees by those who made the complaint for the conciliation. + Chapter IV Mediation and arbitration + Article 175 In order to promote the amicable and expeditious settlement of collective labor conflicts, the Office of Mediation and Arbitration of Collective Labor Conflicts is established by the Ministry of Labour, Family and Social Protection. + Article 176 (1) The modality of establishment, organization and functioning of the Office of Mediation and Arbitration of Collective Labour Conflict will be regulated by Government decision, which will be adopted no later than 90 days after the entry into force of this laws. (2) Within the Office of Mediation and Arbitration of Collective Labour Conflicts, the body of mediators and the body of arbitrators of collective labor conflicts will be constituted. + Article 177 The composition and criteria for acceding in the body of mediators and the body of arbitrators of collective labor conflicts, competence, duties, as well as mediation and arbitration procedures shall be established by the Mediation and Arbitration Rules, drawn up by Office of Mediation and Arbitration of Collective Labour Conflicts of the Ministry of Labour, Family and Social Protection, approved by joint order of the Minister of Labour, Family and Social Protection and the Minister of Justice, which is published in Official Gazette of Romania, Part I. + Article 178 (1) If the collective labor conflict has not been resolved as a result of the conciliation organized by the Ministry of Labor, Family and Social Protection, respectively by the territorial labor inspectorate, as the case may be, the parties may decide, by consensus, the initiation of the mediation procedure, under the present law. (2) In order to mediate individual labor conflicts, the provisions art. 73 73 para. ((2) of Law no. 192/2006 on the mediation and organization of the profession of mediator, with subsequent amendments and completions. + Article 179 (1) For the entire duration of a collective labor conflict, the warring parties may decide by consensus that the claims made should be subject to the arbitration of the Office of Mediation and Arbitration of Collective Labour Conflict of the Ministry Labor, Family and Social Protection. (2) The arbitral decisions rendered by the Office of Mediation and Arbitration of Collective Labour Conflict by the Ministry of Labour, Family and Social Protection are binding on the parties, complete collective agreements and constitute Executories. *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- + Article 180 Mediation or arbitration of collective labor conflict is mandatory/mandatory if the parties, in agreement, decided to do so before the strike or during the course of the strike. + Chapter V Strike + Article 181 The strike means any form of collective and voluntary cessation of work in a unit. + Article 182 The strike can only be declared if, in advance, the possibilities for settling the collective labor conflict have been exhausted through the mandatory procedures provided for by this law, only after the warning strike has been carried out and if the moment Its triggering was brought to the attention of employers by the organizers at least two working days before. + Article 183 (1) The decision to declare the strike shall be taken by the representative trade union organisations participating in the collective labour conflict, with the written consent of at least half of the members of the trade unions concerned. (2) For employees of establishments where representative unions are not organized, the decision to declare the strike shall be taken by the employees ' representatives, with the written consent of at least one fourth of the number of the employees of the unit or, as the case may be, subunit or compartment. (3) The decision to declare a strike, with proof of the fulfilment of the conditions provided in (1), shall be communicated in writing to the employer, within the period provided for in 182. + Article 184 The strikes can be of warning, of solidarity and proper. + Article 185 The warning strike may not have a duration of more than two hours, if it is done with the termination of the work, and must, in all cases, precede with at least two working days the strike itself. + Article 186 (1) The solidarity strike may be declared in order to support claims made by employees of other units belonging to the same group of units or sector of activity. (2) The decision to declare a solidarity strike can be taken, in compliance with the provisions of art. 183 183 para. (1), by representative trade union organizations affiliated to the same federation or trade union confederation to which the organizer union is affiliated. In the case of solidarity strikes the provisions of art. 183 183 para. ((2) shall not apply. (. The solidarity strike shall not be longer than one working day and shall be announced in writing to the management of the establishment at least two working days before the date of termination of the work. + Article 187 (1) The strikes are organized by the representative union or, as the case may be, by the representatives of the employees, who will also determine their duration, in compliance with the 186. (2) The representative trade union or, where applicable, the elected representatives of the employees shall represent the strikers, for the duration of the strike, in relations with employers, including before the courts, in cases where the suspension or ending the strike. + Article 188 During the period in which the claims made by the employees are subject to mediation or arbitration, they cannot trigger the strike or, if the strike is triggered, it is suspended under the conditions of Article 197 para. ((3). + Article 189 If, after the strike was triggered, more than half of the number of employees who decided to declare the strike give up in writing to the strike, it ceases. + Article 190 ((1) The Greek may be declared only for the professional, economic and social interests of the employees. ((2) The Greek cannot pursue political purposes. + Article 191 ((1) The participation in the strike is free. No one can be compelled to participate in the strike or refuse to participate. (2) During a strike triggered in a unit may cease the activity and employees of subunits or compartments that did not initially participate in the onset of collective labor conflict. (3) In the situations provided in par. (2), the claims are those formulated at the onset of the collective labor conflict. + Article 192 (1) Employees who do not participate in the strike will continue their work. (2) Employees on strike must refrain from any action likely to prevent the continuation of the activity by those who do not participate in the strike. + Article 193 (1) The organizers of the strike shall be required to protect the assets of the establishment and, together with the management of the establishment, to ensure the continuous operation of the machinery and facilities whose stop could constitute a danger to life or for human health. (2) For the material damage caused by the participants in the strike, the employer may address the competent court for compensation. + Article 194 (1) During the term of the strike the management of the unit cannot be prevented from carrying out its activity by the employees on strike or its organizers. (2) The management of the unit cannot frame other employees to replace those on strike. + Article 195 (1) For the duration of participation in the strike the individual employment contract or the service report, as the case may be, of the employee shall be suspended by law. Only health insurance rights are maintained during the suspension period. (2) At any time of the strike either party may request the participation of a representative of the territorial labour inspectorate for the finding of any contraventions. + Article 196 (1) The participation in the strike or its organization, in compliance with the provisions of this law, is not a violation of the employees ' service obligations and does not entail the possibility of sanctioning them in any way. (2) Provisions of para. (1) does not apply if the strike is declared illegal, according to art. 200 200 para. ((1) lit. b). + Article 197 (1) During the strike its organizers continue the negotiations with the management of the unit, in order to solve the claims that form the object of the collective labor conflict. (2) If the organizers of the strike and the management of the unit reach an agreement, the collective labor conflict is closed and the strike ceases. (3) During the negotiations, the organizers of the strike may agree with the employer the temporary suspension of the strike. If the negotiations fail, the strike will resume, without the need to go through the preliminary procedural steps provided for by the law. ((4) Except for the situation referred to in par. (3), the organizers of the strike cannot postpone the triggering of the strike to a date other than that announced or to suspend it for a certain period than by resuming all the procedure for triggering collective labor conflicts. (5) The refusal of the organizers of the strike to fulfill the obligation provided in par. (1) draws their legal liability for the damage caused to the unit. + Article 198 If the employer appreciates that the strike has been declared or is being carried out with non-compliance, it will be possible to address the tribunal in whose constituency the unit where the strike was declared with a request to the court is sought. ending the strike. + Article 199 The Tribunal shall fix the deadline for the settlement of the application for termination of the strike, which shall not be more than two working days from the date of its registration, and shall order the citation of the + Article 200 (. The Tribunal shall examine the application for the termination of the strike and shall make a decision as to whether, where appropriate: a) reject the employer's request b) admits the employer's request and orders the termination of the strike as illegal (2) The judgments given by the court are subject only to the appellate. *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- + Article 201 (. The Tribunal and the Court of Appeal shall resolve the application or, where appropriate, the appeal, in accordance with the procedure laid down for the settlement of collective labour disputes. Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- (2) If it orders the termination of the strike as illegal, the court, at the request of those interested, may oblige the organizers of the strike and the employees participating in the illegal strike to pay the compensation. + Article 202 I cannot declare the strike: prosecutors, judges, military personnel and staff with special status within the Ministry of National Defence, the Ministry of Administration and Interior, the Ministry of Justice and the institutions and structures in their subordination or coordination, including the National Administration of Prisons, the Romanian Intelligence Service, the Foreign Intelligence Service, the Special Telecommunications Service, the personnel employed by the foreign armed forces stationed on the territory of Romania, as well as other personnel who are prohibited from exercising this right by law. + Article 203 Personnel in air, naval, land transport of any kind cannot declare a strike from the time of departure for the mission until its termination. + Article 204 The personnel boarded on the ships of the Romanian merchant navy may declare a strike only in compliance with the norms established by international conventions ratified by the Romanian state, under the conditions of art. 203. + Article 205 In health and social care units, telecommunications, radio and public television, in transport on railways, in units providing public transport and sanitation of localities, as well as the supply of the population with gas, electricity, heat and water, the strike is allowed provided that the organizers of the strike provide the services, but not less than a third of normal activity. + Article 206 Employees in the units of the national energy system, in the operative units of the nuclear sectors, of the continuous fire units may declare a strike on condition of ensuring at least one third of the activity, so as not to endanger human life and health and ensure the operation of the facilities in complete safety. + Article 207 Civil servants trigger the collective labor conflict according to the procedure provided for in this law. + Chapter VI Individual labour conflicts + Article 208 Individual labor conflicts are settled in the first instance by the court. --------- Article 208 has been amended by section 6.6. 1 1 of art. XXI of LAW no. 2 2 of 1 February 2013 , published in MONITORUL OFFICIAL no. 89 89 of 12 February 2013. + Article 209 Repealed. --------- Article 209 was repealed by point (a) 2 2 of art. XXI of LAW no. 2 2 of 1 February 2013 , published in MONITORUL OFFICIAL no. 89 89 of 12 February 2013. + Article 210 Applications relating to the settlement of individual labour disputes shall be addressed to the tribunal in whose constituency the applicant is domiciled or his place of employment. --------- Article 210 has been amended by point 3 3 of art. XXI of LAW no. 2 2 of 1 February 2013 , published in MONITORUL OFFICIAL no. 89 89 of 12 February 2013. + Article 211 Applications may be made by those whose rights have been infringed as follows: a) unilateral measures for the execution, modification, suspension or termination of the individual employment contract, including the commitments to pay amounts of money, may be challenged within 45 calendar days from the date on which the became aware of the measure ordered; b) the declaration of invalidity of an individual employment contract may be required by the parties for the entire period during which the respective contract applies; c) payment of compensation for damages caused and restitution of amounts that formed the object of unowed payments may be required within 3 years from the date of occurrence of the damage. + Article 212 ((1) Applications relating to the settlement of individual labour disputes shall be adjudicated expeditiously. (2) The terms of judgment may not be more than 10 days. + Article 213 The parties are legally cited if the subpoena was handed to them at least 5 days before the trial. + Article 214 Decisions of the substantive court are only subject to appeal. *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- + Article 215 The term of appeal shall be 10 days from the date of communication of the decision. *) Note
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* *) Enter into force on 1 February 2013, according to the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012.
---------- + Article 216 The provisions of this law relating to the procedure for the settlement of individual labor disputes shall be duly completed with the provisions of the Code of Civil Procedure. + Title IX Sanctions + Article 217 (1) It constitutes the following facts and is sanctioned as follows: a) violation of the provisions of art. 7 7 para. (2), with a fine of 15,000 lei to 20,000 lei; b) the employer's refusal to start the negotiation of the collective agreement, with a fine of between 5,000 lei and 10,000 lei; c) non-submission for publication by the signatory parties of the collective agreement at the group level of units or sector of activity, with a fine of 3,000 lei. Responsibility rests with the parties; d) non-compliance with the obligation provided 162 162 para. (1), with a fine of 1,000 lei to 3,000 lei; e) non-compliance with the provision provided in 194 194 para. (1), with a fine of 5,000 lei to 10,000 lei; f) preventing in any way the access of the labor inspector for the finding of any contraventions, according to art. 195, by any of the parties in the conflict, with a fine of 5,000 lei to 10,000 lei. (2) The finding of contraventions and the application of sanctions shall be made by the Labour Inspection. (3) Contraventions provided in par. (1) their provisions are applicable Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Article 218 (1) It constitutes a crime and is punishable by imprisonment from 3 months to 2 years or by fine the act of the person who, through threats or violence, prevents or obliges an employee or group of employees to participate in the strike or to work during Strike. ---------- Alin. ((1) of art. 218 218 has been amended by art. 229 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. (2) Condition or coercion, in any way, aimed at limiting the exercise of the duties of the elected members in the governing bodies of trade union organizations constitutes a crime and is punishable by imprisonment from 3 months to 2 years or fine, if the act does not constitute a more serious crime. ---------- Alin. ((2) of art. 218 218 has been amended by art. 229 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. (3) The criminal action is set in motion on the prior complaint of the injured person, except for the crime provided in par. ((1). ---------- Alin. ((3) of art. 218 218 has been amended by section 3 3 of art. 98 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (4) The declaration of the strike by the organizers in violation of the conditions laid down in art. 191 191 para. (1) or at art. 202 -205 constitutes a crime and is punishable by imprisonment from one month to one year or fine, if the act does not constitute a more serious crime. + Title X Transitional and final provisions + Article 219 (1) The judicial decisions on the acquisition of legal personality by trade union or employers ' organizations obtained until the date of entry into force of this Law shall remain valid. (2) The trade union federations that have acquired their legal personality in the county courts are required within 90 days of the entry into force of this law to request the transcript in the special register of federations and trade union confederations of the Bucharest City Court. (3) The request for transcription provided in par. (2) will be accompanied by two copies of the final and irrevocable decision to acquire legal personality by the trade union federation and the latest court decision amending the statute, as the case may be. (4) Within 30 days from the submission of the application, the Bucharest City Court will ask the county court for the file for the acquisition of legal personality by the petent union federation. + Article 220 The model, the way of completing and operating the special registers of the trade unions, respectively of the employers ' organizations provided in art. 17 17 para. ((1) and at art. 59 59 para. (1) shall be established by joint order of the Minister of Justice and the Minister of Labour, Family and Social Protection, within 90 days from the date of entry into force of this Law, after consulting the social partners. + Article 221 (1) The fulfilment of the conditions of representativeness is found by judicial decision. (2) The verification of the maintenance of the representativeness conditions shall be made every 4 years. (3) The judicial decisions establishing the fulfilment of the conditions of representativeness of the employers ' and trade union organizations according to this law shall be communicated to the Ministry of Labour, Family and Social Protection, which shall keep records to them. + Article 222 (1) The representativeness of the employers 'or trade union organizations may be challenged in court by the corresponding national or trade union employers' organizations, sector of activity, group of units or units, under the conditions under which one or more of the criteria provided by art. 51 51 para. ((1) lit. A-C, respectively art. 72 72 para. ((1) lit. A and B, on the basis of which the representativeness in question was obtained. (2) The appeal shall be filed with the court which granted the representativeness. (3) If a collective or trade union organization signatory to a collective agreement loses its status as a representative organization, any interested party entitled to negotiate that collective agreement shall be entitled request the renegotiation of the collective agreement in question, prior to its expiry date. If the renegotiation is not requested, the respective collective agreement shall remain in force until the expiry of the period for which it has been concluded. (4) If during the course of a collective agreement the employer changes its main activity, it will be applicable to the provisions of the collective agreement concluded at the level of the activity sector in which it is frame the new main object of activity. + Article 223 The representativeness of the employers ' and trade union organizations ascertained until the date of entry into force of this law produces effects after the date of its entry into force only if it meets the criteria of representativeness provided by this law. + Article 224 The date of entry into force of this Law shall be repealed: a) Union law no. 54/2003 , published in the Official Gazette of Romania, Part I, no. 73 of 5 February 2003, as amended; b) Law no. 168/1999 on the settlement of labor disputes, published in the Official Gazette of Romania, Part I, no. 582 of 29 November 1999, with subsequent amendments and completions, except art. 26 -39, which is repealed from the date of publication in the Official Gazette of Romania, Part I, of the joint order of the Minister of Labour, Family and Social Protection and the Minister of Justice provided for in art. 177 177; c) Law of Employers no. 356/2001 , published in the Official Gazette of Romania, Part I, no. 380 of 12 July 2001, as amended; d) Law no. 130/1996 on the collective agreement, republished in the Official Gazette of Romania, Part I, no. 184 of 19 May 1998, with subsequent amendments and completions; e) Law no. 109/1997 on the organization and functioning of the Economic and Social Council, published in the Official Gazette of Romania, Part I, no. 141 of 7 July 1997, with subsequent amendments and completions; f) Government Decision no. 369/2009 on the establishment and functioning of the social dialogue committees at the level of the central public administration and at territorial level, published in the Official Gazette of Romania, Part I, no. 227 of 7 April 2009, with subsequent amendments and completions. + Annex 1 LIST comprising ministries and other public institutions in the the framework of which social dialogue committees will be organised 1. Ministry of Labour, Family and Social Protection 2. Ministry of Administration and Interior 3. Ministry of Public Finance 4. Ministry of Justice 5. Ministry of National Defence 6. Ministry of Regional Development and Tourism 7. Ministry of Environment and Forestry 8. Ministry of Economy, Trade and Business Environment 9. Ministry of Agriculture and Rural Development 10. Ministry of Transport and Infrastructure 11. Ministry of Education, Research, Youth and Sports 12. Ministry of Culture and National Heritage 13. Ministry of Health 14. Ministry of Communications and Information Society 15. Ministry of Foreign Affairs 16. Authority for the valorisation of State Assets 17. National Authority for the Regulation and Monitoring of Public Procurement + Annex 2 --model- Public institution reporting REPORT on the work of the social dialogue commission on the month ... ┌ ---- [...] [...] [...] [...] [...] | | No. | Date of sitting | Order of the day | | | | crt. | | commission de ------ --------------- | | social dialogue | Proposed point | Initiator | conclusions or al | | | | | | eventual resolutions | ├ ---- [...] [...] [...] [...] [...] [...] ├ ---- [...] [...] [...] [...] [...] [...] ├ ---- [...] [...] [...] [...] [...] [...] ├ ---- [...] [...] [...] [...] [...] [...] ├ ---- [...] [...] [...] [...] [...] [...] ├ ---- [...] [...] [...] [...] [...] [...] └ ---- [...] [...] [...] [...] [...] [...] President of the Social Dialogue Commission, ..................................... ((signature) + Annex 3 FRAMEWORK REGULATION on the establishment and operation of the commissions social dialogue at central public administration level I. The composition of the social dialogue committees From the social dialogue committees at the level of the central public administration are: 1. representatives of ministries-state secretaries, as well as heads of public institutions, authorities and agencies in coordination or subordination of ministries, appointed by order of the Minister; 2. representatives of the social partners-representatives of representative trade union and employers ' confederations at national level, according to the children of the final court decisions submitted to the secretariat of the social dialogue commission. The trade union and employers ' organizations members of the social dialogue committees will designate one holder and one alternate for the social dialogue committees at the level of ministries and public institutions set out in Annex no. 1 to the law; 3. experts-trade union and employers ' organizations, depending on the topic addressed, can be assisted by experts, who will participate on the basis of a mandate granted by the confederation; 4. guests-at the proposal of the chairman of the social dialogue committee, the plenary of the commission may approve the participation of guests with non- In the case of the debate requiring the participation of representatives of other public institutions, authorities and agencies, the chairman of the social dialogue committee is obliged to invite them to the committee 5. representative of the Ministry of Labour, Family and Social Protection-at the works of social dialogue commissions in ministries and other public institutions provided in Annex no. 1 a representative of the Ministry of Labour, Family and Social Protection will be invited to the law to ensure methodological assistance. II. Functioning of the social dialogue committees 1. The chairmanship of the commission shall be provided by a State Secretary or, in special situations, with the consent of the social dialogue partners, by another representative of the Ministry, empowered by order of the Minister, or, in the case of public institutions set out in Annex no. 1 to law by a representative empowered by the head of the public institution. The President of the Commission shall: a) conduct meetings of the social dialogue committee; b) convene the members of the commission, as well as the invitations c) ensure the presence at the meetings of the meetings of the social dialogue commission of representatives of other authorities and agencies in the coordination or subordination of the ministry or public institution concerned. 2. The Secretariat of the Social Dialogue Committee shall be provided by the public institution in which it operates. 3. The Secretariat of the Social Dialogue Committee shall: a) drawing up and communicating the agenda; b) dissemination of working documents for committee meetings; c) drafting of the minutes for each meeting, as well as its transmission to the social partners, the Ministry of Labour, Family and Social Protection and the Economic and Social Council; d) evidence of final court decisions on the representativeness of the social partners, in certified copy. 4. The social dialogue committees shall meet monthly or whenever necessary, on the basis of a convocation made by the chairman of the commission. The convocation of the commission shall be made in writing, at least 3 working days before the date of deployment, with the communication of the agenda and working documents. The agenda may be supplemented by other points, with the approval of the committee plenum. 5. The President of the Commission may convene an extraordinary meeting of the social dialogue committee for the debate on issues of an urgent nature or on the reasoned request of social partners. 6. The meetings of the social dialogue commission convened for the debate of some normative acts meet after the proposed normative act was approved by the management of the ministry and before the transmission of the project for approval to other ministries. 7. The meeting of the social dialogue commission does not require the meeting of a certain quorum, the presence of the social partners being voluntary, the convocation procedure being respected if it was made in the legal term. 8. The views adopted in the social dialogue committees shall be considered accepted by the social partners whose representatives were not present at the committee meetings at which they were invited to participate. To the proposals made in writing by the social partners, the initiator of the normative act or other projects has the obligation to give a reasoned response within 5 working days from the date of the commission meeting. 9. After each meeting of the social dialogue committee its secretariat shall draw up a minute, which shall be circulated to the social partners at the next meeting, for approval. That minute is also transmitted to the Ministry of Labour, Family and Social Protection, as well as to the Economic and Social Council. 10. The chairman of the social dialogue committee will provide the social partners with the available information necessary to formulate a reasoned point of view. 11. The views of the social partners on the normative acts subject to debate in committee will be submitted to the secretariat of the social dialogue commission in written form, according to the model: initial text-proposal for modification-motivation. 12. For the debate of specific issues, working groups may be established, with the participation of representatives nominally appointed by the social partners, members of the commission with a determined mandate. 13. The normative acts debated within the social dialogue committee will be accompanied in the minutes of the meeting of the social dialogue commission meeting, in which the views of the social partners regarding the normative act are recorded discussed. + Annex 4 FRAMEWORK REGULATION on the establishment and operation of the commissions social dialogue at local public administration level I. The composition of the social dialogue committees From the social dialogue committees at the level of the local public administration are part: 1. the prefect, as well as representatives of the prefect and of the devolved public services of the ministries and of the other specialized bodies of the central public administration, appointed by order by the prefect; 2. the president of the county council or the general mayor of Bucharest, for Bucharest; 3. representatives of the social partners-representatives of representative trade union and employers ' confederations at national level, according to the children of the final court decisions submitted to the secretariat of the social dialogue commission Ministry of Labour, Family and Social Protection. The secretariat of the social dialogue commission established at the level of the Ministry of Labour, Family and Social Protection will transmit to the social dialogue commissions constituted at county level and of Bucharest the list of employers ' confederations and representative trade unions at national level, according to these judgments. Representative trade union and employers ' organizations at national level will designate one holder and one alternate for the social dialogue committees at the county level from their own structures in the territory; 4. experts-trade union and employers ' organizations, depending on the topic addressed, can be assisted by experts, who will participate on the basis of a mandate; 5. guests-at the proposal of the chairman of the social dialogue committee, the plenary of the commission may approve the participation of guests with non- In the case of the debate requiring the participation of representatives of other public institutions, the chairman of the social dialogue committee is obliged to invite them to the 6. The representative of the territorial labour inspectorate-at the works of the social dialogue commissions constituted in territorial plan will be invited a representative of the Ministry of Labour, Family and Social Protection, to ensure the methodological assistance. II. Functioning of the social dialogue committees 1. The presidency of the commission, based on the principle of co-presidency, is provided by the prefect and the president of the county council or the general mayor of the capital, 2. The Secretariat of the Social Dialogue Committee shall be provided by the public institution in which it operates. 3. The Secretariat of the Social Dialogue Committee shall: a) the convocation of the members of the commission; b) preparation and communication of the agenda; c) dissemination of working documents for committee meetings; d) drafting of the minutes for each meeting, as well as its transmission to the members of the commission and the secretary of state responsible for social dialogue within the Ministry of Labour, Family and Social Protection. 4. The social dialogue committees shall meet monthly or whenever necessary, on the basis of a convocation made by the chairman of the commission. The convocation of the commission shall be made in writing, at least 3 working days before the date of deployment, with the communication of the agenda and working documents. The agenda may be supplemented by other points, with the approval of the committee plenum. 5. The President of the Commission may convene an extraordinary meeting of the social dialogue committee for the debate on issues of an urgent nature or on the reasoned request of social partners. 6. The meeting of the social dialogue commission does not require the meeting of a certain quorum, the presence of the social partners being voluntary, the convocation procedure being respected if it was made in the legal term. 7. The views adopted in the social dialogue committees shall be considered accepted by the social partners whose representatives were not present at the committee meetings at which they were invited to participate. At the proposals made in writing by the social partners, the initiator of the normative act or other projects has the obligation to give a reasoned response, within 5 days from the date of the commission meeting. 8. After each meeting of the social dialogue committee its secretariat shall draw up a minute, which shall be circulated to the social partners at the next meeting, for approval. That minute is also transmitted to the Secretary of State responsible for social dialogue within the Ministry of Labour, Family and Social Protection. 9. The chairman of the social dialogue committee will provide the social partners with the available information necessary to develop a reasoned point of view. 10. The views of the social partners on the normative acts subject to debate in committee will be submitted to the secretariat of the social dialogue commission in written form, according to the model: initial text-proposal for modification-motivation. 11. For the debate of specific issues, working collective may be constituted, with the participation of representatives nominally appointed by the social partners, members of the commission with a determined mandate. ------