capitolul Romanian Labour Code - Title XII - Chapter - 1 - General provisions
 

Romanian Labour Code

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Art. 266. [scope of labour jurisdiction]
The purpose of the labour jurisdiction is the resolution of the labour disputes regarding the conclusion, performance, amendment, suspension and cessation of the individual employment contracts or, as the case may be, collective labour agreements provided for by this Code, and of the demands regarding the legal relationships between the social partners, as established according to this Code.
Art. 267. [parties to labor disputes]
The following may be parties to labour disputes:
a) the employees and any other person holding a right or obligation on the basis of this Code, other laws or collective labour agreements;
b) the employers, including natural persons and/or legal persons, temporary employment agencies, user undertakings, and any other person benefiting from an activity performed under the terms of this Code;
c) trade unions and employers’ organizations;
d) other legal or natural persons having this ability under special laws or the Code of Civil Procedure.
Art. 268. [statute of limitations]
(1) The demands to settle a labour dispute may be submitted:
a) within 30 calendar days from the notification of the unilateral decision of the employer regarding the conclusion, performance, amendment, suspension or cessation of the individual employment contract;
b) within 30 calendar days from the notification of the disciplinary measure;
c) within three years from the birth of the right to action, if the subject matter of the individual labour dispute is the payment of outstanding wages or compensations to the employee, and in the case of the employee liability for material damage towards the employer;
d) on the entire duration of the contract, when the establishment of the nullity of an individual employment contract, a collective labour agreement or provisions therein has been requested;
e) within six months from the birth of the right of action, in the case of failure to apply the collective labour agreement or clauses thereof.
(2) In all other cases not mentioned in paragraph (1), the term shall be of three years from the birth of the right.
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