CHAPTER I - Internal regulations
Art. 257. - The employer shall draw up the internal regulations after consultations with the trade union or the employees' representatives, as applicable.
Art. 258. - The internal regulations shall comprise at least the following categories of provisions:
a) rules on labour protection, hygiene, and safety inside the company;
b) rules on the compliance with the principle of nondiscrimination and removal of all forms of dignity violation;
c) rights and obligations of the employer and employees;
d) the procedure for solving employees' individual requests or complaints;
e) concrete rules on labour discipline in the company;
f) disciplinary departures and applicable sanctions;
g) rules concerning the disciplinary procedure;
h) how to implement other specific provisions of the law or contract.
Art. 259. - (1) The internal regulations shall be notified to the employees through the good offices of the employer and shall start their effects on the employees from the time of such notification.
(2) The employer shall have the obligation to inform the employees about the contents of the internal regulations.
(3) The actual manner in which each employee is informed about the contents of the internal regulations shall be set forth in the applicable collective labour contract or, as applicable, in the contents of the internal regulations.
(4) The internal regulations shall be posted at the employer's head office.
Art. 260. - Any amendment in the contents of the internal regulations shall be subject to the notification procedures stipulated under article 259.
Art. 261. - (1) Any interested employee may notify the employer about the provisions of the internal regulations if proof is made of the violation of one of his/her rights.
(2) The check of the lawfulness of the provisions of the internal regulations shall belong to the jurisdiction of the courts of law that shall be notified within 30 days from the date of the employer's answer concerning the solution to the notification filed under paragraph (1).
Art. 262. - (1) The drawing up of the internal regulations at the level of each employer shall be done within 60 days from the date of the present code coming into effect.
(2) In the case of employers established after the present code's coming into effect, the 60-day delay stipulated under paragraph (1) shall start on the day when they acquire legal personality.
CHAPTER II - Disciplinary liability
Art. 263. - (1) The employer shall have a disciplinary prerogative, being entitled to apply, under the law, disciplinary sanctions onto his/her employees whenever he/she should find they have had departures from the discipline.
(2) A departure from the discipline shall be a work-related action which consists of an action or non-action blamefully performed by an employee, who has thus violated the provisions of the law, the internal regulations, the individual labour contract or the applicable individual labour contract, or the lawful orders or orders by his/her superiors.
Art. 264. - (1) The disciplinary sanctions that the employer may apply if an employee should commit a departure from the discipline shall be:
a) a written warning;
b) the suspension of the individual labour contract for a period which may not exceed 10 workdays;
c) demotion, with wages corresponding to the position to which the demotion has taken place, for a duration which may not exceed 60 days;
d) a 5 to 10 percent reduction in the basic wages for a duration of 1 to 3 months;
e) a 5 to 10 percent reduction in the basic wages and/or, as applicable, in the management emolument for a period of 1 to 3 months;
f) termination of the individual contract for disciplinary reasons.
(2) If, by means of vocational statutes approved by a special law, another sanction regime should be established, the latter shall apply.
Art. 265. - (1) Disciplinary fines shall be prohibited.
(2) Only one sanction may be applied for the same departure from the discipline.
Art. 266. - The employer shall establish the applicable disciplinary sanction in relation to the seriousness of the departure from discipline committed by an employee, taking the following into consideration:
a) the circumstances under which the action took place;
b) the employee's guilt degree;
c) the consequences of the departure from the discipline;
d) the employee's general behaviour at work;
e) possible disciplinary sanctions previously undergone by him/her.
Art. 267. - (1) Under the sanction of absolute nullity, no step, except for the one stipulated under article 264 (1) a), shall be ordered before a preliminary disciplinary inquiry is carried out.
(2) In view of the preliminary disciplinary inquiry, the person authorised by the employer to make the inquiry shall summon the employee in writing, stating the reason, date, time and place of the meeting.
(3) An employee's failure to come to the meeting summoned under paragraph (2) without an objective reason shall entitle the employer to order sanctions, without such preliminary disciplinary inquiry.
(4) During the preliminary disciplinary inquiry, an employee shall have the right to submit and defend all evidence in his/her defence, and to offer the person in charge of the inquiry all the evidence and motivations he/she deems necessary, as well as the right to be assisted, at his/her request, by a representative of the trade union which he/she is a member of.
Art. 268. - (1) The employer shall order the implementation of a disciplinary sanction by means of a written order, within 30 calendar days from the date of acknowledging the departure from discipline, but no later than 6 months from the date the action was committed.
(2) Under the sanction of absolute nullity, the decision shall comprise, in a mandatory manner:
a) the description of the action representing a departure from the discipline;
b) the mention of the provisions of the personnel statutes, internal regulations, or applicable collective labour contract, which have been violated by the employee;
c) the reasons for which the defending arguments submitted by the employee during the preliminary disciplinary inquiry have been rejected, or the reasons for which, under the terms of article 267 (3), no such inquiry has been carried out;
d) the lawful grounds of the disciplinary sanction being applied;
e) the delay within which the sanction may be contested;
f) the competent court of law before which the sanction may be challenged.
(3) The sanction decision shall be notified to such employee no later than 5 calendar days from the date of its issuance and shall cause effects from the date of notification.
(4) The notification shall be served to the employee himself/herself, against signature of receipt, or, if he/she should refuse to accept it, by registered mail, sent to the domicile or residence communicated by him/her.
(5) An employee may contest the sanction decision before the competent courts of law within 30 calendar days from the date of notification.
CHAPTER III - Patrimony liability
Art. 269. - (1) Based on the norms and principles of contracting civil liability, the employer shall indemnify the employee if the latter has undergone a material prejudice because of the employer's fault during the performance of his/her job duties or in relation to the job.
(2) If the employer should refuse to indemnify the employee, the latter shall be entitled to file a complaint with the competent court of law.
(3) An employer who has paid the indemnity shall recover the respective amount from the employee who was to blame for the damage, under the terms of article 270 and the subsequent ones.
Atacat prin Decizie nr. 721 din 24/10/2006 la 01/01/2007
A se vedea Decizie nr. 40 din 07/05/2007
Art. 270. - (1) The employees shall be liable with respect to patrimony, according to the norms and principles of contracting civil liability, for the material damages caused to the employer because of their fault and in relation to their work.
(2) Employees shall not be liable for damages caused by a force majeure or other unpredictable causes which could not have been prevented, or damages included in the normal risk of the job.
Art. 271. - (1) When a damage has been caused by several employees, the amount of liability for each one shall be established in relation to the extent to which they have contributed to the damage.
(2) If the extent to which they have contributed to the damage cannot be established, the liability of each one shall be in proportion to his/her net wages on the date of finding the damage and, when applicable, depending on the time of work actually completed since its last inventory too.
Art. 272. - (1) An employee who has cashed in an amount not due to him/her from the employer shall have to return it.
(2) If an employee has received goods which were not due to him/her and which can no longer be returned in kind, or if services to which he/she was not entitled have been provided to him/her, he/she shall have to cover their value. The value of the goods or services in question shall be established based on their value on the date of payment.
Art. 273. - (1) The amount established for covering damages shall be withheld, in monthly instalments, from the wages due to the person in question by his/her employer.
(2) Instalments shall not exceed one third of the net monthly wages, and shall not exceed, along with the other possible amounts withheld from the person in question, one half of those wages.
Art. 274. - (1) If the individual labour contract is terminated before the employee has indemnified the employer and he/she becomes employed by another employer or becomes a civil servant, the due amounts shall be withheld from his/her wages by the new employer or new institution or public authority, as applicable, based on an executory title transmitted to this effect by the employer having suffered the damage.
(2) If the person in question has not been hired by another employer, based on an individual labour contract or as a civil servant, the damage shall be covered by foreclosure of his/her assets, under the Civil Procedure Code.
Art. 275. - If the damage may not be covered by means of the amounts withheld from wages within a delay of no more than 3 years from the date the first withheld instalment was made, the employer shall be entitled to call on a court executor under the Civil Procedure Code.
CHAPTER IV - Infringement liability
Art. 276. - (1) The following actions shall be seen as infringements and sanctioned as follows:
a) the non-compliance with the provisions concerning the payment guarantee of the national gross minimum wages - a fine from ROL 3 000 000 to ROL 20 000 000;
b) the violation by an employer of the provisions of article 34 (5) - a fine from ROL 3 000 000 to ROL 10 000 000;
c) preventing an employee or group of employees from participating in a strike or forcing them to work during a strike, using threats or violence - a fine from ROL 15 000 000 to ROL 30 000 000;
"d) stipulation in the individual labour contract of clauses contrary to the provisions of the law - a fine from ROL 20 000 000 to ROL 50 000 000;
e) employing persons for whom no individual labour contract has been concluded under article 16 (1) - a fine from ROL 15 000 000 to ROL 20 000 000 for each such identified person, without exceeding a cumulative value of ROL 1 billion."*)
f) the violation by the employer of the provisions of articles 134 and 137 - a fine from ROL 50 000 000 to ROL 100 000 000;
g) the violation of the obligation stipulated under article 135 - a fine from ROL 100 000 000 to ROL 200 000 000;
"h) the failure to comply with the provisions on extra work - a fine from ROL 15 000 000 to ROL 30 000 000;"*)
"i) the failure to comply with the provisions of the law on granting one's weekly rest - a fine from ROL 15 000 000 to ROL 30 000 000;
j) the failure to grant the emolument stipulated under article 53 (1), if an employer should interrupt his/her activity temporarily but still maintaining labour relations - a fine from ROL 15 000 000 to ROL 50 000 000;
k) the violation of the provisions of the law concerning night work - a fine from ROL 15 000 000 to ROL 30 000 000."*)
(2) Labour inspectors shall be those in charge of finding infringements and applying sanctions.
(3) The provisions of the laws in force shall apply to the infringements stipulated under paragraph (1).
CHAPTER V - Criminal liability
Art. 277. - Failure to implement a final court decree on the payment of wages within 15 days from the date of the implementation request sent to the employer by the interested party shall constitute a crime punishable by prison from 3 to 6 months or a fine.
Art. 278. - Failure to implement a final court decree on an employee's reinstatement shall constitute a crime punishable by prison from 6 months to 1 year or a fine.
Art. 279. - (1) In the case of crimes stipulated in articles 277 and 278, criminal action shall be started upon complaint by the injured party.
(2) An agreement reached by the parties shall remove the criminal liability.
Art. 280. - Repealed.**)
"Article 2801. - Employing minors while failing to comply with the provisions of the law as regards the age or the use of such persons to perform certain activities in violation of the provisions of the law on the labour status of minors shall constitute a crime punishable by prison from 1 to 3 years."**)
