- 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. 37. [principle of negotiation ]
The rights and obligations regarding the employment relationships between the employer and the employee shall be established according to the law, by negotiation, within collective labour agreements and individual employment contracts.
Art. 38. [prohibition to waive legal rights]
The employees may not waive the rights granted under the law. Any transaction designed to waive the rights granted under law to the employees or to abridge such rights shall be void.
Art. 39. [main rights and obligations of the employee]
(1) An employee shall have, mainly, the following rights: a) right to wage for the work carried out; b) right to daily and weekly rest period; c) right to annual leave; d) right to equal opportunities and treatment; e) right to dignity at work; f) right to health and safety at work; g) right to access to vocational training; h) right to information and consultation; i) right to participate to the determination and improvement of the working conditions and environment; j) right to protection in case of dismissal; k) right to collective and individual bargaining; l) right to participate to collective actions; m) right to set up or join a trade union. (2) An employee shall have, mainly, the following obligations: a) obligation to achieve the work quotas or, as the case may be, to fulfil the tasks assigned according to the job description; b) obligation to comply with the labour discipline; c) obligation to comply with the provisions contained in the rules of procedure, in the applicable collective labour agreement and in the individual employment contract; d) obligation of loyalty towards the employer in the course of their duties; e) obligation to comply with the work safety and health measures within the organization; f) obligation to observe the professional secrecy.
Art. 40. [main rights and obligations of the employer]
(1) An employer shall have, mainly, the following rights: a) to lay down the organization and operation of the unit; b) to establish the corresponding tasks of each employee, under the terms of the law and/or the applicable collective labour agreement, concluded at national level, branch level or group of employers level; c) to issue orders with a compulsory character for the employee, subject to their legality; d) to exert control over the performance of the tasks; e) to assess the disciplinary offences and apply the corresponding penalties, according to the law, the applicable collective labour agreement and the rules of procedure. (2) An employer shall have, mainly, the following obligations: a) to notify the employees of the working conditions and of issues related to the employment relationships; b) to permanently provide the technical and organizational conditions taken into account when preparing the work standards and the corresponding working conditions; c) to ensure the employees all rights under the law, applicable collective labour agreements and individual employment contracts; d) to regularly notify the employees of the economic and financial situation of the organization, except for sensitive or classified information whose disclosure is likely to harm its activity. The frequency of the notifications shall be established by negotiation within the applicable collective labour agreement; e) to consult the trade union or, as appropriate, the representatives of the employees on the decisions liable to substantially affect their rights and interests; f) to pay all contributions and taxes due, and to retain and transfer the contributions and taxes owed by the employees, under the terms of the law; g) to establish the general employee register and enter the data provided for in the law; h) to issue, upon request, all documents stating the employee quality of the applicant; i) to ensure the confidentiality of the employee data having a private character. |
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