Romanian Labour Code - Title 170 -

Romanian Labour Code

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)

page 2 of 2

Art. 170. [meaning of partial payment]
The acceptance without reservation of a part of the wage or the signature of the payment documents in such cases may not be understood as the employee waiving the full wage due, according to the legal or contractual provisions.

Art. 171. [wage payment period of limitations]
(1) The right of action as regards the wage and the damages caused by the full or partial non-performance of the obligations regarding the payment of the wages shall be lost by statute of limitations within three years from the date when those rights were due.
(2) The period of limitation provided for in paragraph (1) shall be interrupted when the debtor has recognized the wage due or the rights deriving from the payment of the wage.

CHAPTER 4 - The guarantee fund for the payment of the wage claims

Art. 172. [reference to special law]
The establishment and use of the guarantee fund for the payment of the wage claims shall be regulated by a special law.

CHAPTER 5 -

Art. 173. [employee protection]
(1) The employees shall enjoy the protection of their rights in case of transfer of the undertaking, establishment or parts thereof to other employer, according to the law.
(2) The rights and obligations of the assignor, arising from an employment contract or relation existing at the date of the transfer, shall be entirely transferred to the assignee.
(3) The transfer of the undertaking, establishment or parts of it may not be a reason of individual dismissal or collective redundancy for the assignor or the assignee.

Art. 174. [employee notification and consultation]
The assignor and the assignee shall notify and consult, before the transfer, the trade union or, as the case may be, the representatives of the employees regarding the legal, economic and social consequences upon the employees of the transfer of ownership.

page 2 of 2