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Law on Employers Unions
no. 356/2001

 

Published in the Official Journal, Part I, no. 380/2001 of 12 July 2001

Romanian Parliament adopts this law.


Chapter I - General Provisions


Article 1
Employers unions are employers' legal entities.

Article 2
Under this law, the employers union is a registered legal entity or authorized by law, which manages and uses capital, irrespective of its nature in order to obtain profit in a competitive environment and employs labor force.

Chapter II - Creation, organization and functioning of employers unions

Section 1 – Creation and organization

Article 3
(1) Employers unions are set up based on economic activities and organized by sections, divisions, and branches nationwide.
(2) A total number of at least 15 registered legal entities or individuals authorized by law may create an employers union.
(3) Employers union may be formed by at least 5 members from the branches in which they hold over 70% of output.
(4) Employers unions may set up their own regional organizational structure, with or without legal personality. Regional organizational structures without legal personality operate according to the statute of the employers union they belong to.

Article 4
(1) Employers unions may form unions, federations, confederations or other associative structures.
(2) Two or more employers unions may form employers' federations.
(3) More employers’ federations may associate in employers' confederations.
(4) Employers unions operate according to their own statutes and regulations, under this law.
(5) Employers confederations representative at national level may constitute, according to the law a employers representing body, with own statute and organization and functioning, in order to ensure a unitary representation of employers' movement nationally and internationally.
(6) Employers' unions have the right to join international organizations.

Article 5
Officials and persons holding leadership positions in public administration structures cannot part of the employers’ unions governing bodies.

Section 2 – The statute


Article 6
The constitution, organization, operation and dissolution of employers unions are regulated by statutes adopted by its members, in compliance with legal provisions.

Article 7
(1) The statute will comprise, under sanction of nullity, at least the following elements:
a) employers union name, headquarters and, if necessary, its territorial structures, with or without legal personality;
b) the objectives and purposes;
c) its initial assets, size and composition, membership fees and other legal financial sources;
d) members rights and obligations;
e) the governing bodies;
f) liabilities;
g) dissolution and liquidation.
(2) Legal status shall be acquired according to the law of associations and foundations; the application for acquiring legal personality shall be accompanied by the minutes of constitution, certified status, a table with adhesions, evidence of existing premises and financial resources necessary for carrying out the activity.

Section 3 - Employers rights and obligations

Article 8
Employers unions represent employers, protect and defend their members' interests in relationships with public authorities, trade unions and other legal entities or individuals, both nationally, and internationally, according to own statutes and this law.

Article 9
In drafting legislation on employers' activities, the initiators will firstly require a motivated written advisory opinion on respective employers' union structures.

Article 10
In order to accomplish the purpose for which they are established employers unions shall:
a) represent, promote, support and defend the economic, technical and legal interests of their members;
b) work for the employers full liberty of action for the development and streamlining their activities;
c) promote fair competition under the law, in order to ensure equal chances to each of its members;
d) be consulted by the Government to initiate, develop and promote development, restructuring, privatization, liquidation, economic cooperation programs and participate in coordination structures and management programs with the European Union;
e) appoint, under the law, representatives to negotiate and conclude collective labor agreements, treaties and other agreements in relationships with public authorities, trade unions, tripartite management structures and social dialogue.

Article 11
(1) Employers unions provide their members with information, facilitate relationships between them and other organizations, promote progress management, consulting services and specialized assistance, including training the workforce.
(2) Employers unions are entitled to provide any other services required by their members, in compliance with the law.

Article 12
(1) Employers unions shall draft statutes, organization and operating regulations, elect leadership, and organize management and activities.
(2) Employers unions governing bodies elected members shall be ensured protection against any discrimination conditioning, coercion or limitation of their duties, under penalty of sanctions provided by law.

Article 13
Employers unions may submit to the competent public authorities, legislative proposals.

Section 4 – Property and financing activities

Article 14
Movable and immovable property belonging to employers unions may be used only according to their interests and purposes for which they were established by law.

Article 15
(1) Employers unions may acquire, as provided by law, free of charge or onerously, any movable and immovable property necessary to achieve the purpose for which they were founded.
(2) Representative employers’ federations and confederations may receive in demurrage, based on a motivated request, state immovable assets to be used as premises, by paying a corresponding rent calculated according to the provisions relating to housing. For the construction of its headquarters, employers’ confederations and federations may receive in concession or rent land from private property or state-administrative units. Renting or leasing is the administrative act issued by the competent authority.

Article 16
Employers may, under the law and the statute:
a) provide aid and mutual credit to its members;
b) edit and print their own publications;
c) establish and administer in the interest of its members, units of culture, education and research, economic, social and commercial units, and its own bank for financial transactions with domestic and foreign currencies.

Article 17
(1) Employers unions’ economic and financial activity is carried out according to employers' own budget of income and expenditure.
(2) Employers units’ revenue sources are fees, dues, contributions to the fund for negotiating collective labor agreements and specific activities, donations, sponsorships and other revenue, according to the statutes and laws.
(3) The registration fee, member fees and contributions to the collective labor contract negotiations fund shall be recorder as deductible expenditure for tax purposes for the one who performs them.
(4) Employers units’ revenues shall be used for purposes for which they were created and cannot be distributed to their members.

Chapter III - Reorganization and dissolution of employers unions

Article 18
If an employers union is reorganize, the situation shall be solved by its governing bodies or, in case of disagreement, by the competent court under the law.

Article 19
In case of dissolution of an employers union, its property shall be divided in compliance with its statute and law.

Article 20
(1) Within 15 days from the dissolution of an employers union, the director or the liquidators are required to ask the competent court to make specific mention of dissolution.
(2) After expiry of 15 days, any interested person may request the competent court to operate the mention referred to in paragraph (1).

Chapter IV - Final and transitory provisions

Article 21
(1) Within six months from publication of this law in the Official Journal, Part I, employers unions, which have acquired legal personality, submit to the competent court the new statute in accordance with this law.
(2) Failure to observe paragraph (1) causes the suspension of the right of representation from the day following the expiry of six months.

Article 22
On the date of entry into force of this law, the Government Decision no. 503/1991 on autonomous departments’ employers unions and companies owned integrally by state, published in the Official Gazette, Part I, nr.175 of 26 August 1991 shall be repealed.
The Chamber of Deputies adopted this law on June 18, 2001, with respect to art. 74 para. (2) of the Romanian Constitution.

The Senate adopted this law on June 18, 2001, according to art. 74 para.
(2) of the Romanian Constitution.