titlul Romanian Labour Code - Title XIII - Final and transitional provisions
 

Romanian Labour Code
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TITLE XIII - Final and transitional provisions
Art. 276. [harmonisation of labour law]
According to the international obligations undertook by Romania, the labour legislation will be constantly harmonized with the standards of the European Union, the conventions and recommendations of the International Labour Organization, and the standards of the international labour law.
Art. 277. [legal definition of management personnel]
For the purposes of this Code, “management personnel” means the employees-administrators, including the chairman of the board of directors when he/she is an employee, the general managers and managers, the deputy general managers and deputy managers, the chiefs of branches – divisions, departments, sections, workshops, services, offices, - and their equivalents established according to the law or the collective labour agreements or, as the case may be, the rules of procedure.
Art. 278. [ordinary law character of the Labour Code]
(1) The provisions of this Code shall be supplemented by the other provisions contained in the labour legislation and, as far as they are not incompatible with the specific features of the employment relationships provided for in this Code, the provisions of the civil law.
(2) The provisions of this Code shall also apply as ordinary law to those employment relationships not based on an individual employment contract, as far as the special regulations are not complete and their application is not incompatible with the specific features of such employment relationships.
Art. 279. [transitional provisions on the length of service]
(1) The length of service cumulated until 31 December 2008 shall be proven with the employment record book.
(2) After the repeal of Decree No 92/1976 on the employment record book, as subsequently amended, the length of service cumulated until 31 December 2008 shall be assessed, at the request of the person without an employment record book, by a court competent in labour disputes, based on the records or other evidence able to prove the existence of the employment relationships. The applications submitted before the repeal of Decree No 92/1976, as subsequently amended, shall be settled according to the provisions of that act.
(3) The employers keeping and filling in the employment record books shall release them gradually to their holders, until 30 June 2009, against an individual receipt.
(4) The territorial labour inspectorate keeping the employment record books shall release them until the date provided for in paragraph (3), under the terms provided for in an Order of the Minister of Labour, Social Solidarity and Family.
Art. 280. [transitional provisions on current labour disputes]
On the date of entry into force of this Code, the labour disputes underway in the courts shall continue according to the provisions applicable at the date the action has been filed.
Art. 281. [entry into force; provisions repealing other acts]
(1) This Code shall enter into force on 1 March 2003.
(2) The following acts shall be repealed after the entry into force of this Code:
- Labour Code of the Socialist Republic of Romania (Law No 10/1972), published in the Official Bulletin, Part I, No 140 of 1 December 1972, as subsequently amended and supplemented;
- Law No 1/1970 – Law of labour organization and discipline in the state socialist establishments, published in the Official Bulletin, Part I, No 27 of 27 March 1970, as subsequently amended and supplemented;
- Decree no. 63/1981 on the recovery of damages to the public property, published in the Official Bulletin, Part I, No 17 of 25 March 1981;
- Law No 30/1990 on the employment of employees according to their competence, published in the Official Gazette of Romania, Part I, No 125 of 16 November 1990;
- Law No 2/1991 on the multiple jobs, published in the Official Gazette of Romania, Part I, No 1 of 8 January 1991;
- Law of remuneration No 14/1991, published in the Official Gazette of Romania, Part I, No 32 of 9 February 1991, as subsequently amended and supplemented;
- Law No 6/1992 on the annual leave and other employee leaves, published in the Official Gazette of Romania, Part I, No 16 of 10 February 1992;
- Law No 68/1993 on the guaranteed payment of the minimum wage, published in the Official Gazette of Romania, Part I, No 246 of 15 October 1993;
- Law No 75/1996 on the establishment of the public holidays, published in the Official Gazette of Romania, Part I, No 150 of 17 July 1996, as subsequently amended and supplemented;
- Articles 34 and 35 of Law No 130/1996 on the collective labour agreement, as republished in the Official Gazette of Romania, Part I, No 184 of 19 May 1998;
- any other contrary provisions.
(3) The provisions of the Decree No 92/1976 on the employment record book, published in the Official Bulletin, Part I, No 37 of April 26, 1976, as subsequently amended, shall be repealed on January 1, 2009.
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