Romanian Labour Code

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Translated by T R A N S V E R B I S
Extended Contents Romanian Labour Code
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Art. 1. [scope]
(1) This Code regulates every individual and collective employment relationship, the enforcement of the regulations regarding the employment relationships and the labour jurisdiction.
(2) This Code also applies to employment relationships regulated by special laws, unless the latter contain specific derogations.
Art. 2. [addressees]
The provisions of this Code apply to:
a) Romanian citizens under an individual employment contract, engaged in an activity in Romania;
b) Romanian citizens under an individual employment contract and engaged in an activity abroad, under contracts concluded with a Romanian employer, unless the legislation of the country where the individual employment contract is performed is more favourable;
c) foreign nationals or stateless persons under an individual employment contract, engaged in an activity for a Romanian employer on Romanian territory;
d) persons having acquired the refugee status and employed under an individual employment contract on Romanian territory, under the terms of the law;
e) apprentices engaged in an activity under an on-the-job apprenticeship contract;
f) employers, natural and legal persons;
g) trade unions and employers’ organizations.
Art. 3. [right to work]
(1) The right to work is guaranteed by the Constitution. The right to work may not be abridged.
(2) A person shall be free to choose his/her job and profession, trade or activity to perform.
(3) No one may be forced to work or not to work at a specific workplace or in a specific profession, whichever they may be.
(4) An employment contract concluded in breach of the provisions of paragraphs (1)-(3) shall be null and void.
Art. 4. [prohibition of forced labour]
(1) Forced labour shall be prohibited.
(2) “Forced labour” means any work or service imposed on a person under threat or for which he/she did not freely express his/her consent.
(3) The work or activity imposed by the public authorities for the following purposes shall not constitute forced labour:
a) pursuant to the law on the compulsory military service;
b) for the fulfilment of the civic duties established by law;
c) on the basis of a final judicial conviction, under the terms of the law;
d) in case of an act of God, respectively in case of war, disasters or disaster danger such as: fire, flood, earthquake, serious epidemic and epizootic, animal or insect invasions and, generally, in all circumstances threatening the life or the normal living conditions of the entire population or a part of it.
Art. 5. [equal treatment ]
(1) The principle of equal treatment for all employees and employers shall operate within the framework of the employment relationships.
(2) Any direct or indirect discrimination against an employee based on sex, sexual orientation, genetic characteristics, age, national affiliation, race, colour, ethnicity, religion, political option, social origin, disability, family situation or responsibility, trade union affiliation or activity shall be prohibited.
(3) The acts and deeds of exclusion, distinction, restriction or preference, based on one or several of the criteria referred to in paragraph (2), which have the purpose or effect of denying, restraining or removing the recognition, enjoyment or exercise of the rights provided for in the labour legislation shall constitute direct discrimination.
(4) The acts and deeds apparently based on other criteria than those referred to in paragraph (2), but which effect to a direct discrimination, shall constitute indirect discrimination.
Art. 6. [employee protection]
(1) An employee engaged in an occupation shall enjoy working conditions adequate to the activity carried out, social protection, health and safety at work, and respect of his/her dignity and conscience, without discrimination.
(2) An employee engaged in an occupation shall be recognized the right to collective bargaining, the right to protection of personal data, and the right to protection against unlawful dismissals.
(3) Any discrimination based on sex shall, as regards all elements and conditions of compensation, be prohibited for equal work or work of equal value.
Art. 7. [freedom of association]
The employees and employers may freely associate to defend their rights and professional, economic and social interests.
Art. 8. [consent, good faith, report, consultation]
(1) The employment relationships shall be based on the principle of consent and good faith.
(2) The participants to the employment relationships, for the proper development of such relationships, shall inform and consult each other, under the terms of the laws and collective labour agreements.
Art. 9. [freedom to work abroad]
Romanian citizens shall be free to work in the Member States of the European Union and in any other country, in compliance with the rules of the international labour law and bilateral treaties to which Romania is a party.
Art. 10. [legal definition of the individual employment contract]
An individual employment contract is an agreement under which a natural person, called employee, undertakes to perform the work for and under the authority of an employer, natural or legal person, against a remuneration called wage.
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