- General provisions
(Title I - art. 1-9) - The individual employment contract
(Title II - art. 10-107) - Working time and
rest period
(Title III - art. 108-153) - Remuneration
(Title IV - art. 154-170) - Health and safety
at work
(Title V - art. 171-187) - Vocational training
(Title VI - art. 188-213) - Social dialogue
(Title VII - art. 214-235) - Collective labour agreements
(Title VIII - art. 236-247) - Labour disputes
(Title IX - art. 248-253) - Labour Inspectorate
(Title X - art. 254-256) - Legal liability
(Title XI - art. 257-2801) - Labour jurisdiction
(Title XII - art. 281-291) - Final and transitional provisions
(Title XIII - art. 292-298)
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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.
Art. 269. [competent court]
(1) The courts established according to the Code of Civil Procedure shall be competent for the trial of the labour disputes. (2) The applications regarding the cases provided for in paragraph (1) shall be submitted to the competent court within whose circumscription the plaintiff has its domicile or residence or, as the case may be, headquarters.
Art. 270. [exemption from judiciary stamp]
The cases provided for in Article 281 shall be exempted from the judiciary stamp and the judiciary stamp duty.
Art. 271. [speedy trial]
(1) The applications regarding the resolution of the labour disputes shall be tried in emergency procedure. (2) The interval between the days of appearance shall not exceed 15 days. (3) The summoning of the parties shall be legally fulfilled when done at least 24 hours before the day of appearance.
Art. 272. [burden of proof]
The burden of proof in the labour disputes is on the employer, which shall submit the evidence for its defence by the first day of appearance.
Art. 273. [administration of evidence]
The evidence shall be administered under the emergency procedure, and the court shall have the right to reject the right to submit evidence to the party groundlessly delaying its administration.
Art. 274. [enforceability of judgments]
The judgments pronounced on the merits shall be final and enforceable de jure.
Art. 275. [ordinary law]
The provisions of this Code shall be supplemented by the provisions of the Code of Civil Procedure. |
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