Art. 292. - Under the international obligations taken on by Romania, the labour legislation shall be kept in permanent harmonisation with the European Union standards, the agreements and recommendations of the International Labour Organisation, and the standards of the international labour law.
Art. 293. - Romania shall transpose into national legislation, by the date of its accession to the European Union, community provisions on the European company committee in community-sized units, as such companies appear and develop in the economy, as well as those on the temporary transfer in service-performing activities.
Art. 294. - For the purpose of the present code, employees holding a management position shall mean the paid managers, including the president of the board of administration if he/she is also paid, the general directors and directors, the assistant general directors and assistant directors, the heads of work compartments - divisions, departments, sections, workshops, services, offices Ă, as well as those deemed similar to them, as set forth by the law or the collective labour contracts or the internal regulations, as applicable.
Art. 295. - (1) The provisions of the present code shall be completed by the other provisions existing in the labour legislation and, unless inconsistent with the typical labour relationships stipulated in the present code, the provisions of the civil legislation.
(2) The provisions of the present code shall also apply as common law to those legal labour relationships not based on an individual labour contract, unless the special regulations are complete and their implementation is inconsistent with such typical labour relationships.
"Article 296. - (1) The record of employment card shall prove the length of service existing by 31 December 2006.
(2) After the date when Decree no. 92/1976 on the record of employment card, with subsequent amendments, is repealed, the length of service established by 31 December 2006 shall be reconstituted, following a petition by a person who has no record of employment card, by the court of law having the competence for solving labour conflicts, based on writs or other evidence proving the existence of labour relationships. Reconstitution petitions filed prior to the date when Decree no. 92/1976, with subsequent amendments, is repealed shall be solved under the provisions of that regulatory act.
(3) Employers who keep record of employment cards and have them filled out shall release them to their owners gradually, by 30 June 2007, based on individual handover/receipt written reports.
(4) The territorial labour inspectorates that keep employees' record of employment cards shall release the latter by the date stipulated under paragraph (3), under the terms set forth by order of the minister of labour, social solidarity and family."*)
Art. 297. - On the date when the present code comes into effect, the cases concerning labour conflicts appearing on the dockets of courts shall continue to be judged under the trial provisions applicable on the date when the courts were notified.
Art. 298. - (1) The present code shall come into force on 1 March 2003.
(2) On the date when the present code comes into effect, the following documents shall be repealed:
- The Labour Code of the Socialist Republic of Romania, Law no. 10/1972, published in the Official Bulletin, Part I, no. 140 of 1 December 1972, with subsequent amendments and additions;
- Law no. 1/1970 - Law of labour organisation and discipline in socialist companies, published in the Official Bulletin, Part I, no. 27 of 27 March 1970, with subsequent amendments and additions;
- Decree no. 63/1981 on the recovery of damages caused to public wealth, published in the Official Bulletin, Part I, no. 17 of 25 March 1981;
- Law no. 30/1990 on hiring employees based on their competence, published in the Official Gazette of Romania, Part I, no. 125 of 16 November 1990;
- Law no. 2/1991 on cumulated offices, published in the Official Gazette of Romania, Part I, no. 1 of 8 January 1991;
- The law of remuneration no. 14/1991, published in the Official Gazette of Romania, Part I, no. 32 of 9 February 1991, with subsequent amendments and additions;
- Law no. 6/1992 on rest leave and other leaves of the employees, published in the Official Gazette of Romania, Part I, no. 16 of 10 February 1992;
- Law no. 68/1993 on the guaranteed pay of the minimum wages, published in the Official Gazette of Romania, Part I, no. 246 of 15 October 1993;
- Law no. 75/1996 on establishing the non-workdays that are lawful holidays, published in the Official Gazette of Romania, Part I, no. 150 of 17 July 1996, with subsequent amendments and additions;
- articles 34 and 35 of Law no. 130/1996 on the collective labour contract, republished in the Official Gazette of Romania, Part I, no. 184 of 19 May 1998;
- any other contrary provisions.
"(3) Starting on 1 January 2007, the provisions of Decree no. 92/1976 on the record of employment card, published in the Official Bulletin, Part I, no. 37 of 26 April 1976, shall be repealed."*
"Article II. (1) Until the date when the evaluation procedure stipulated under article 63 (2) of Law no. 53/2003 - Labour Code is set forth in the applicable collective labour contract, concluded at national or activity branch level, the provisions of this article, without amendments, shall apply.
(2) If, within one year from the date when the present emergency ordinance comes into effect, no evaluation procedure should be set up under the terms of paragraph (1), the employer shall set up such a procedure by means of the internal regulations, under the terms of the law.
(3) The provisions of the internal regulations on the evaluation procedure shall apply until the date when the evaluation procedure is included in the applicable collective labour contract concluded at national or activity branch level."
