titlul Romanian Labour Code - Title XI - Legal liability
 

Romanian Labour Code
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TITLE XI - Legal liability
CHAPTER 1 - Rules of procedure
Art. 257. [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. 258. [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. 259. [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. 260. [amendment]
Any amendment to the contents of the rules of procedure shall be subject to the notification procedures provided for in Article 259.
Art. 261. [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. 262. [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.
CHAPTER 2 - Liability to disciplinary action
Art. 263. [legal definition of liability to disciplinary action]
(1) The employer shall have disciplinary powers, i.e. the right to take, according to the law, disciplinary measures against its employees whenever it finds them liable of disciplinary offences.
(2) A disciplinary offence is related to the work, consisting of a wilful action or lack of action of the employee, breaking the legal provisions, the rules of procedure, the individual employment contract or the applicable collective labour agreement, legal instructions and directions of the management.
Art. 264. [disciplinary measures]
(1) The disciplinary measures the employer may apply if the employee is responsible for disciplinary offences are as follows:
a) written warning;
b) suspension of the individual employment contract for a period not exceeding 10 working days;
c) demotion, while paying the wage corresponding to the position where the demotion was directed, for a length that may not exceed 60 days;
d) 5-10% decrease of the basic pay for one to three months;
e) 5-10% decrease of the basic pay and/or, as the case may be, of the management benefit, for one to three months;
f) disciplinary cancellation of the individual employment contract.
(2) Should the professional statutes approved by special laws provide other sanctions, the latter shall apply.
Art. 265. [prohibition of disciplinary fines; one sanction per disciplinary offence]
(1) Disciplinary fines shall be prohibited.
(2) Only one sanction may be applied for the same disciplinary offence.
Art. 266. [disciplinary sanction criteria]
The employer shall take the disciplinary measure applicable in proportion to the seriousness of the disciplinary offence of the employee, taking into account the following:
a) the circumstances of the disciplinary offence;
b) the degree of responsibility of the employee;
c) the consequences of the disciplinary offence;
d) the general conduct of the employee;
e) the disciplinary measures previously taken against him/her.
Art. 267. [disciplinary hearing]
(1) On pain of absolute nullity, no action, except that provided for in Article 264 (1) (a), may be taken before performing a preliminary disciplinary hearing.
(2) In order to perform the preliminary disciplinary hearing, the employee shall be summoned in writing by the person appointed by the employer to accomplish the hearing, stating the subject matter, date, time, and place of the meeting.
(3) The failure of the employee to respond to the summons under the conditions provided for in paragraph (2) without an objective reason shall give the employer the right to take the disciplinary measure without performing the preliminary disciplinary hearing.
(4) During the preliminary disciplinary hearing, the employee shall have the right to develop and submit any argument in his/her favour and provide the person appointed to perform the hearing all pieces of evidence and motivations he/she considers to be necessary, and also the right to be assisted, at his/her request, by a representative of the trade union he/she belongs to.
Art. 268. [decision of disciplinary measure: delay, contents, notification]
(1) The employer shall order the application of the disciplinary measure through a written decision, within 30 calendar days from the acknowledgement of the disciplinary offence, but no later than six months after the date of the disciplinary offence.
(2) On pain of absolute nullity, such decision shall include:
a) the description of the disciplinary offence;
b) description of the provisions in the staff regulations, rules of procedure or applicable collective labour agreement, which were infringed by the employee;
c) the reasons to dismiss the defence developed by the employee during the preliminary disciplinary hearing or the reasons why, under the conditions provided for in Article 267 (3), no hearing took place;
d) the legal basis to take the disciplinary measure;
e) the appeal deadline;
e) the competent court where the measure may be appealed.
(3) The decision shall be notified to the employee no later than five calendar days after the date of issue and shall take effect from the date of notification
(4) The notification shall be handed over personally to the employee, against an acknowledgment of receipt, or, if the reception has been refused, by registered letter, at the domicile or residence communicated by him/her.
(5) The measure may be appealed by the employee before the competent courts within 30 calendar days from the notification.
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