capitolul Romanian Labour Code - Title VII - Chapter - 3 - Representatives of the employees
 

Romanian Labour Code

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Art. 221. [appointment]
(1) In the case of employers with more than 20 employees, none of them belonging to a trade union, the employees’ interests may be promoted and defended by their representatives, elected and mandated for this particular purpose.
(2) The representatives of the employees shall be chosen in the general assembly of the employees, with the vote of at least half of the total number of employees.
(3) The representatives of the employees may not carry on activities recognized by law as belonging exclusively to trade unions.
Art. 222. [eligibility, number and length of mandate]
(1) The employees who are at least 21 years old and have worked for the employer at least one year without breaks may be chosen as representatives of the employees.
(2) The condition of length of service provided for in paragraph (1) is not mandatory when choosing the representatives of the employees with newly established employers.
(3) The number of elected representatives of the employees shall be established by mutual agreement with the employer, in proportion to the number of employees.
(4) The mandate of the representatives of the employees shall not exceed two years.
Art. 223. [duties]
The representatives of the employees shall have the following main duties:
a) to guard the rights of the employees, in compliance with the legislation in force, the applicable collective labour agreement, the individual employment contracts and the rules of procedure;
b) to participate to the development of the rules of procedure;
c) to promote the interests of the employees as regards the wage, working conditions, working time and rest period, job stability and any other professional, economic and social interests connected to the employment relationships;
d) to notify the labour inspectorate as regards the breach of the legal provisions and the provisions of the applicable collective labour agreement.
Art. 224. [establishment of tasks]
The tasks of the representatives of the employees, their accomplishment, and the length and limits of their mandate shall be laid down in the general assembly of the employees, under the terms of the law.
Art. 225. [time assigned for the fulfilment of the mandate]
The time assigned to the representatives of the employees for the fulfilment of their mandate is 20 hours per month and shall be regarded as time actually worked and shall be paid accordingly.
Art. 226. [protection of employee representatives]
During their term of office, the representatives of the employees may not be dismissed for reasons not related to the person of the employee, for professional unfitness or for reasons related to the mandate received from the employees.
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