capitolul Romanian Labour Code - Title XI - Chapter - 1 - Rules of procedure
 

Romanian Labour Code

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Art. 241. [drawing up]
The rules of procedure shall be drawn up by the employer, after consulting the trade union or the representatives of the employees, as the case may be.
Art. 242. [contents]
The rules of procedure shall contain at least the following categories of provisions:
a) the rules regarding the worker’s protection, hygiene and safety within the organization;
b) the rules regarding the observance of the non-discrimination principle and the elimination of any breach of dignity;
c) the rights and obligations of the employer and employees;
d) the procedure to settle the individual requests or claims of the employees;
e) the actual rules regarding the labour discipline in the organization;
f) the disciplinary offences and applicable sanctions;
g) the rules regarding the disciplinary proceedings;
h) the methods to apply other specific legal or contractual provisions.
Art. 243. [employee notification]
(1) The rules of procedure shall be notified to the employees through the good offices of the employer and shall take effect towards the employees since their notification.
(2) The obligation to notify the employees of the content of the rules of procedure shall be fulfilled by the employer.
(3) The actual method of notifying every employee as regards the content of the rules of procedure shall be laid down in the applicable collective labour agreement or, as the case may be, in the rules of procedure.
(4) The rules of procedure shall be posted in employer’s headquarters.
Art. 244. [amendment]
Any amendment to the contents of the rules of procedure shall be subject to the notification procedures provided for in Article 259.
Art. 245. [review of legality]
(1) A concerned employee may refer the employer to the provisions in the rules of procedure, as far as he/she proves the infringement of one of his/her rights.
(2) The courts are competent to review the legality of the provisions contained in the rules of procedure, and an action may be filed within 30 days from the date the employer communicates how the issue notified according to paragraph (1) is to be settled.
Art. 246. [mandatory character]
(1) An employer shall develop the rules of procedure within 60 days from the entry into force of this Code.
(2) In the case of employers established after the entry into force of this Code, the term of 60 days provided for in paragraph (1) shall run after acquiring the legal personality.
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