ROMANIAN LABOUR CODE

GENERAL PRINCIPLES EQUAL RIGHTS AND UNDECLARED WORK

Romanian Labour Code

LAW No 53/2003 of 24 January 2003 *** republished

TITLE I

General provisions

CHAPTER I

Scope

ARTICLE 1

(1) This Code regulates the scope of employment relationships, the manner in which the enforcement of regulations in the field of labour relations is carried out labour relations, as well as labour jurisdiction.

(2) This Code shall also apply to employment relationships governed by laws only to the extent that they do not contain specific derogating provisions.

ARTICLE 2

The provisions contained in this Code shall apply:

(a) Romanian citizens employed under individual employment contracts, who provide

work in Romania;

(b) Romanian nationals working abroad under contracts concluded with a Romanian employer,unless the legislation of the State on whose territory the work is performed individual employment contract is more favourable;

(d) persons who have acquired a refugee status and are employed under an individual employment contract on Romanian territory, under the terms of the law;

(e) apprentices who work under an apprenticeship contract in the place of work;

(f) employers, natural and legal persons;

(g) trade unions and employers’ organisations.

CHAPTER II

Fundamental principles

ARTICLE 3

(1) Freedom of work is guaranteed by the Constitution. The right to work may not be restricted.

(2) Everyone shall be free to choose his place of work and profession,occupation or activity to be performed.

(3) No one shall be compelled to work or not to work in a particular work or in a particular occupation, whatever that may be.

(4) Any contract of employment entered into in breach of the provisions of paragraph 1 shall be deemed to be a contract of employment. (1) – (3) shall be null and void.

ARTICLE 4

(1) Forced labour is prohibited.

(2) The term forced labour shall mean any work or service imposed on a person under threat or for which the person has not given his or her consent.freely consented.

(3) Work or activity imposed by the authorities shall not constitute forced labour authorities:

(a) under the law on compulsory military service**);

(b) for the performance of civic duties prescribed by law;

(d) by a final sentence imposed by law;

(e) in case of force majeure, i.e. war, disaster

(f) in case of force majeure, i.e. war, war or danger of disaster such as fire, flood, earthquake, epidemic or violent epidemic,animal or insect infestations and, in general, in all circumstances which place in he life or normal living conditions of the population as a whole or ofpart of it.

ARTICLE 5

(1) The principle of equal treatment in employment relations shall apply towards all employees and employers.

(2) Any direct or indirect discrimination against an employee based on any of the following criteria

sex, sexual orientation, genetic characteristics, age, nationality, race,colour, ethnicity, religion, political opinion, social origin, disability, status or family responsibility, trade union membership or activity, is prohibited.

(3) Acts and deeds of exclusion or discrimination shall constitute direct discrimination,restriction or preference, based on one or more of the criteria laid down in referred to in paragraph (2) which have as their purpose or effect the denial, restriction or removal of the recognition, use or exercise of rights provided for in labour law.

(4) Indirect discrimination shall be deemed to be any act or omission which is based on an apparent on grounds other than those referred to in paragraph 1. (2), but which have the effect of direct discrimination.

ARTICLE 6

(1) Every employee who performs work shall enjoy working conditions appropriate to the work performed, social protection, health and safety at work and dignity and conscience, without any discrimination whatsoever.discrimination.

(2) All employees performing work shall have the right to collective bargaining, the right to the protection of personal data, and the right to protection against unlawful dismissal.

(3) For equal work or work of equal value any discrimination is prohibited on grounds of sex with regard to all elements and conditions of remuneration.

ARTICLE 7

Employees and employers may freely associate for the defence of their rights and their professional, economic and social interests.

ARTICLE 8

(1) Labour relations shall be based on the principle of consensus and good faith.

(2) For the proper conduct of labour relations, the participants in labour relations shall inform and consult each other, in accordance with the law and the collective labour agreements.

ARTICLE 9

Romanian nationals shall be free to take up employment in the Member States of European Union, as well as in any other State, in compliance with the rules of international labour law and bilateral treaties to which Romania is a party.

TITLE II

Individual employment contract

CHAPTER I

Conclusion of the individual employment contract

ARTICLE 10

An individual employment contract is a contract under which a person natural person, referred to as an employee, undertakes to work for and under the authority of an employer, whether a natural or a legal person, in return for remuneration to be known aswage.

ARTICLE 11

The terms of an individual employment contract may not contain provisions to the contrary or rights below the minimum level laid down by law or collective agreements collective agreements.

ARTICLE 12

(1) The individual employment contract shall be concluded for an indefinite period.

(2) By exception, the individual employment contract may also be concluded for an indefinite period.

fixed term, under the conditions expressly provided for by law.

ARTICLE 13

(1) A natural person shall acquire the capacity to work on reaching the age of 16 age.

(2) A natural person may conclude an employment contract as an employee andon reaching the age of 15, with the consent of his/her parents or legal representatives,for activities appropriate to his or her physical development, skills and knowledge,if his health, development and vocational training are not thereby endangered.

(3) The employment of persons under the age of 15 is prohibited.

(4) The employment of persons subject to a judicial prohibition shall be prohibited.

(5) Employment in heavy, harmful or dangerous work may be engaged after the age of 18 years; these jobs shall be determined by the by Government decision.

ARTICLE 14

(1) For the purposes of this Code, “employer” means the natural person or legal entity which may, according to the law, employ labour on a contractual basis individual employment contract.

(2) A legal person may conclude individual employment contracts as an employer from the moment of acquiring legal personality.

(3) A natural person shall acquire the capacity to conclude individual contracts of employment contracts as an employer from the moment of acquiring full legal capacity.exercise.

ARTICLE 15

The conclusion of a contract shall be prohibited, under penalty of absolute nullity individual contract of employment for the purpose of performing work or engaging in an unlawful activity or immoral activity.

ARTICLE 15^1

For the purposes of this Act, undeclared work means:

(a) the reception of a person at work without the conclusion of an individual contract employment contract in written form, at the latest on the day preceding the start of work;

(b) the taking up of employment of a person without the transmission of the elements the individual employment contract in the general register of employees not later than at the latest on the day before the start of work;

c) taking on an employee during the period in which he/she has the contract of employment individual employment contract is suspended;

(d) the taking on at work of an employee outside the working hours laid down in the individual part-time employment contracts.