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Labour Code (Law No. 53 of 2003).

País/Territorio
Rumania
Tipo de documento
Legislación
Fecha
2003 (2017)
Fuente
FAO, FAOLEX
Materia
General
Palabra clave
Ley marco Equidad Negocios/industria/corporaciones Contrato/acuerdo Derechos humanos Protección social Género Salud pública
Área geográphica
Mar Negro, Europa Oriental, Europa, Europa y Central Asia, Países de la Unión Europea
Entry into force notes
This Law enters into force on 1 March 2003.
Resumen

This Labor Code regulates labour relations, the manner in which the control is performed in the field of labour relations, as well as labour jurisdiction. It also applies to labour relations regulated by special laws, only to the extent in which they do not contain specific derogating provisions. The provisions contained in this Code apply: (a) to the Romanian citizens employed with an individual employment contract, who perform work in Romania; (b) to the Romanian citizens employed with an individual employment contract and who perform the activity abroad, based on contracts concluded with a Romanian employer, unless the legislation of the state in whose territory the individual employment contract is executed is more favorable; (c) foreign citizens or stateless persons employed under an individual employment contract, who provide work for a Romanian employer on the territory of Romania; (d) persons who have acquired refugee status and fall under an individual employment contract on the territory of Romania, in accordance with the law; (e) apprentices who perform work on the basis of an apprenticeship contract at the workplace; (f) employers, natural and legal persons; and (g) trade unions and employers' organizations. Freedom of labour is guaranteed by the Constitution. The right to work cannot be restricted. Every person is free to choose the job and the profession, trade or activity that he/she is going to perform. No one may be compelled to work or not to work in a particular place of work or in a certain profession, whatever they may be. Any employment contract concluded in non-compliance with the aforesaid provisions is null and void. Forced labor is prohibited. Within the labor relations, shall be applicable the principle of equal treatment towards all employees and employers. Any direct or indirect discrimination against an employee, based on criteria of sex, sexual orientation, genetic characteristics, age, nationality, race, color, ethnicity, religion, political choice, social origin, disability, situation or family responsibility, membership or union activity, is forbidden. Employees and employers can freely associate to defend their rights and promote their professional, economic and social interests. The natural person acquires the capacity to work at the age of 16. The employment of persons under the age of 15 is prohibited. It is forbidden, under the sanction of absolute nullity, to conclude an individual employment contract for the purpose of performance of illicit or immoral work or activity. A person may be employed only on the basis of a medical certificate stating that the person in question is fit to perform that work. The request, at employment, for pregnancy tests is prohibited. It is forbidden to dismiss employees: (a) on the basis of sex, sexual orientation, genetic characteristics, age, national affiliation, race, color, ethnicity, religion, political choice, social origin, disability, situation or family responsibility, membership or trade union activity; and (b) for the exercise, in accordance with the law, of the right to strike and of trade union rights. The employer has the obligation to ensure the safety and health of the employees in all aspects related to the work. The collective labor contract is the agreement concluded in writing between the employer or the organization of employers, on the one hand, and employees, represented by trade unions or otherwise provided by law, on the other part, which establishes clauses on working conditions, pay, and other rights and obligations arising from employment relationships.

Texto completo
Rumano
Página web
legislatie.just.ro