Extract of Law. 62/2011 of the Law on Social Dialogue

Extract of Law. 62/2011 of the Law on social dialogue ISSUER: THE ROMANIAN PARLIAMENT Published in: Official Gazette no. 322 of May 10, 2011 The Romanian Parliament shall adopt this law ……………………………

TITLE V Economic and Social Council

CHAPTER I General provisions Art. 82 The Economic and Social Council shall be an autonomous tripartite public institution of national interest, set up for the purpose of achieving the tripartite dialogue at national level between employers, trade unions and representatives of the organized civil society. Art. 83 (1) The Economic and Social Council shall be consulted as binding by initiators of draft acts in its field of competence. The result of this consultation shall be embodied into opinions on draft laws. (2) The ESC fields of competence shall be: a) economic policies; b) financial, fiscal policies; c) labour relations, social protection and wage policy; d) health policies; e) education, research and culture. (3) The Economic and Social Council may issue opinions and recommendations on its own initiative or on referral at the request of any representative public authority or employers’ and trade union organisation, on economic and social state of facts, evolutions or economic and social events of national interest. Following these referrals, the ESC shall issue opinions and recommendations. Art. 84 (1) The Economic and Social Council shall have legal personality. (2) The Economic and Social Council shall be located in Bucharest. Art. 85 The Economic and Social Council shall be organized and shall operate according to the provisions of this Law and of its Rules of Procedure. 1 CHAPTER II Duties Art. 86 The Economic and Social Council shall act as a consultative body for the Government and the Parliament of Romania and shall have the following duties: a) issuing opinions on draft acts initiated by the Government or the Parliament in the fields of competence pursuant to Article 83 (2), inviting the initiators to take part in the debates on draft acts; b) elaborating analyses and studies on the economic and social realities at the request of the Government, of the Parliament or on its own initiative; c) informing the Government and the Parliament on the emergence of economic and social events that call for new regulations; d) observing the duties following from the Convention 144 / 1976 of the International Labour Organisation on tripartite consultations, intended to promote the enforcement of international labour standards adopted on the 2nd of June 1976 in Geneva and ratified by the Romanian Law 96/1992. Art. 87 (1) The initiators of draft acts, in the fields of competence provided under Article 83 (2), shall have to request the advisory opinion of the Economic and Social Council. The initiators may participate in debates on the draft acts, both within the permanent Sections and within the Plenary Session of the Economic and Social Council, at the ESC invitation. (2) The advisory opinion provided under paragraph (1) must accompany the draft act until its endorsement. (3) The favourable opinions shall not be motivated. (4) The opinions including observations and proposals shall provide the complete motivation of every objection or proposal. (5) Unfavourable opinions shall as binding comprise their motivation. (6) The opinions shall be adopted by the Plenary Session vote with a two-third majority of the ESC members present. (7) Where an opinion cannot be adopted under the paragraph (3) – (6) the points of view of the parties expressed within the ESC Plenary Session shall be transmitted to the initiator. (8) The opinion of the Economic and Social Council or the point of view of the Parties shall be transmitted in writing to the draft acts initiator, under the President signature.

2 Art. 88 (1) Subject to duties provided under Article 86, the Economic and Social Council shall have to examine the draft acts received and shall forward the related advisory opinions within 7 consecutive days of the receipt of the request. (2) If the deadlines provided under paragraph (1) are missed, the initiator shall be entitled to submit the draft acts to be adopted in the absence of the Economic and Social Council advisory opinion, by specifically mentioning it. Art. 89 The Economic and Social Council shall establish relations with international economic and social organizations and bodies. Art. 90 The Economic and Social Council shall examine and recommend measures for a more successful implementation of the international agreements and conventions to which Romania is a member and of the assistance programs initiated by international bodies, in its field of activity.

CHAPTER III Organisation and functioning Sub-title 1 - Structure Art.91 (1) The functioning of the ESC shall be provided by: a) the Plenary Session, b) the Bureau (BEX) c) the President and the Vice-presidents, (d) the Permanent Sections, (e) the Secretary General.

Sub-title 2 The Plenary Session Art. 92 (1) The ESC Plenary Session shall have a structure consisting of 45 members including the President and the Vice-presidents. (2) The nomination of the members of the Economic and Social Council shall be made as follows: a) 15 members nominated by the employers’ confederations representative at national level; b) 15 members nominated by the trade union confederations representative at national level;

3 c) 15 members representing civil society appointed by decision of the Prime Minister, on proposal of the Ministry of Labour, Family and Social Protection; they shall be representatives of cooperative structures, professions, consumer protection organizations, scientific and academic community, farmers organizations, organizations of retired people, community local organizations, associations representing families and people with disabilities and other NGOs. (3) The distribution of seats associated with each trade union and employers’ confederations within the ESC shall be performed by each party by consensus, and in case of disagreement, by a vote of half plus one of the total number of confederations. Art. 93 Each trade union and employers’ confederation represented at national level as well as each civil society organization, which has one or more seats in the ESC Plenary shall nominate the person or, as appropriate, the persons representing it within the Economic and Social Council. Art. 94 1) Any person that meets the following requirements can be appointed as a member of the Economic and Social Council: (a) he / she is designated in writing by the organizations represented in the Economic and Social Council; (b) he / she has the right to hold office ; (c) he / she was never guilty of a common law crime. Art. 95 (1) The Economic and Social Council’s members shall serve for a term of 4 years; (2) The mandate of the Plenary members shall be renewable. Art. 96 (1) The represented organisations shall forward the lists with the nominated members to the ESC at least 30 days before the end of the mandate of the members holding the office. (2) The Plenary Session shall appoint the members individually, if they meet the requirements laid down in Article 94. (3) If a candidate does not meet the conditions stipulated in Article 94, the organization having nominated him/her shall make another proposal. Art. 97 (1) The ESC shall be duly set-up at the date of the validation of at least 24 members provided that each party should be represented by at least 8 persons. (2) Until a new ESC is established, the previous ESC Board shall proceed with its work. Art. 98 (1) The ESC members’ mandate shall cease in case of:

4 (a) termination of mandate; b) demise; c) resignation; d) removal from office at the request of the ESC Plenary Session or of the employers’ confederations, trade union confederations or the Government having nominated the members, as the case may be; e) a situation that leads to failure of one of the requirements of Article 94 (1) (b) and (c) of this ROF; f) in case of loss of national representativeness of the employers' confederation / union representative at national level having made the nomination; (g) in other situations mentioned in the ESC Rules of Procedures. (2) the procedure for revocation of membership of the Economic and Social Council shall be established by the Rules of Procedure. (3) the replacement of a member of the Economic and Social Council shall be done for the remaining period until the Plenary term expires. Art. 99 (1) The ESC Plenary Session shall hold ordinary sessions every week. (2) The Plenary Session shall also meet in extraordinary session at the request of the Bureau or at least 1/3 of the members. Art. 100 (1) The Plenary Session shall debate in the presence of at least 24 members. If the conditions of a quorum are not met, in spite of a duly accomplished summon, present members of the Plenary shall freely express their views, which shall be registered as reasoned views of the members present. (2) The Plenary Session proceedings shall take place in open sessions, except for those special cases established by the BEX. Art 101 (1) The ESC Plenary session shall be responsible for the general activity of the Council and shall have the following main duties: a) to issue opinions to draft acts; b) to elect the ESC President at the parties’ proposal; c) to elect the three Vice-presidents and the BEX members at the parties’ proposal; d) to adopt the ESC Rules of Procedure; e) to establish the membership of the permanent Sections; f) to approve the ESC draft budget as well as the report on the budgetary execution; g) to debate and adopt draft decisions drawn up by the sections;

5 h) to designate the Secretary General. (2) The duties laid down under paragraph (1) may be completed by the ESC Rules of Procedures. Art. 102 (1) In discharge of its duties laid down under Article 101 (1) c) - h), the Plenary Session shall adopt any decision by the social partners’ consensus. (2) Should it be otherwise, decisions shall be put to the vote and adopted by a 3/4 majority of the members of the Economic and Social Council who are present at the meeting.

Sub-title 3 The Bureau Art. 103 (1) The Bureau shall consist of the President, three Vice-presidents and one member from each party represented within the Economic and Social Council. (2) The office of President shall be assured by rotation by each of the three parties in compliance with each mandate term. (3) The Bureau shall provide the leadership of the ESC between Plenary Sessions. (4) The duties and the mode of operation of the Bureau shall be established by the Rules of Procedure of the Economic and Social Council.

Sub – title 4 The President and Vice-presidents Art.104 (1) The President of the Economic and Social Council shall be nominated by the ESC Plenary Session by a ¾ majority of all ESC members. (2) The President of the Economic and Social Council shall be validated by the Parliament for a four- year term. (3) The President of the Economic and Social Council shall be removed by the Parliament of Romania on the ESC Plenary Session proposal adopted by a majority of 3/4 of all members. (4) The position of President of the Economic and Social Council shall be assimilated in terms of indemnities to that of a Minister, and the position of Vice-president to that of a Secretary of State. (5) The President of the Economic and Social Council shall also be the senior credit officer. Art. 105 The President shall have the following main duties: (a) he/she shall represent the Economic and Social Council in its relations with the Parliament, the Government and the other public authorities as well as with the other individual or legal entities ; (b) he/she shall sign the documents issued by the Economic and Social Council;

6 (c) he/she shall hire or, as the case may be, shall nominate the Economic and Social Council staff according to the Law; (a) he/she shall carry out any duty assigned by the Plenary Session or the BEX. Art. 106 The ESC Rules of Procedure shall establish the duties of the Economic and Social Council’s Vice- presidents.

Sub-title 5 The Sections Art. 107 (1) The Sections are the Economic and Social structures that shall examine matters specific to the areas of activity for which they are established and shall propose to the Plenary Session the appropriate settlement measures. (2) Draft acts submitted by initiators shall be analysed and draft opinions to be submitted to the Plenary Session debates shall be worked out within the Sections. (3) Presidents appointed by each of the social partners shall manage the Sections by rotation. (4) The presidents of the Sections shall draw up the working program and the matters to be discussed and shall submit them by vote to the approval of the Sections. Art.108 (1) The Economic and Social Council structure shall include permanent or temporary Sections. (2) The main permanent sections shall be: a) Section for Economic Development, Competition and Business Environment; b) Section for Social Inclusion and Social Security; c) Section for Industrial Relations and Wage Policy; d) Section for Agriculture, Rural Development and Environment; e) Section for Education, Vocational Training, Health and Culture; f) Section for Consumer Protection and Loyal Competition; g) Section for Cooperation, Professions and Independent Activities; h) Section for Rights and Freedoms; i) Section for Public Administration and Public Order. (3) According to the Rules of Procedure, any other temporary Sections may be established by the Plenary Session to solve temporary problems that arise in specific areas of activity.

7 Art. 109 Any member of the Economic and Social Council shall be as binding part of a permanent Section. Art.110 (1) The members of the permanent or temporary Economic and Social Council Sections shall be of minimum 5, assigned with the agreement of the parties. (2) Up to the number of 5 members, the parties shall appoint experts in the field of activity of the respective Section. In this case, the Rules of Procedures of the Economic and Social Council shall establish the procedure for the experts’ appointment. Art. 111 The Rules of Procedures of the Economic and Social Council shall establish the working procedure of the permanent Sections.

Sub-title 6 Technical Secretariat Art 112 (1) The Economic and Social Council shall be serviced by a Technical Secretariat, representing the specialized technical and administrative machinery. (2) Departments and other functional structures may be established within the Technical Secretariat according to the organizational structure adopted by the Economic and Social Council’s Plenary. (3) The Technical Secretariat of the Economic and Social Council shall be headed by the Secretary- General whose duties shall be established by the Rules of Procedure. (4) The function of Secretary General shall be incompatible with the function of member of the Economic and Social Council. (4) In terms of remuneration, the position of Secretary General shall be assimilated to that of a Secretary General within a ministry.

CHAPTER IV Other provisions Art. 113 Appointments of the ESC members within the European Economic and Social Committee shall be accomplished as follows: a) 5 members from each party represented within the Economic and Social Council, appointed by consensus or, in case of disagreement, by vote.

8 b) where the nomination is not made at least 30 days before the deadline for nomination of representatives in the European Economic and Social Committee, the appointment shall be accomplished by the Government. Art 114 (1) The Economic and Social Council shall have its own budget, which is part of the state budget. (2) The members of the Economic and Social Council shall receive a compensation of 20% of the allowance established for the President for the activity carried out. (3) The permanent Sections members who are not members of the Economic and Social Council shall be entitled to receive an allowance in the amount of 10% of that established for the President, for the activity carried out. (4) The allowance provided under paragraph (3) shall be established by the ESC Plenary Session, and shall fit into the budget amounts approved to this purpose. (5) The draft budget of the Economic and Social Council shall be adopted by the ESC Plenary Session. (6) For the purpose of organising and making the Economic and Social Council operational, budget allocations prescribed by yearly budgetary laws shall be granted in order to cover the following expenses: (a) operating costs and expenses as well as capital expenditures; (b) allowances and social contributions for the members of the Economic and Social Council and for the members of the permanent Sections who are not members of the Economic and Social Council; (c) annual payment of contributions due to the international organisations the Economic and Social Council is affiliated to; (d) amounts necessary to accomplish the analysis and studies referred to in the ESC duties provided under Article 86 (c); (e) amounts necessary to the payment o ESC external collaborators. (7) The Economic and Social Council can be subject of donations and sponsorships under the Law. Art. 115 The staff of the Economic and Social Council shall be contractual and shall include: (a) the specialised technical and administrative personnel; (b) the experts of the permanent Sections. Art.116 When members of the Economic and Social Council or Permanent Sections travel on business in the country or abroad, they shall be entitled to allowances provided by the legal provisions for the public sector employees.

9 Art. 117 (1) The Economic and Social Council may resort to external co-operation – university teachers, researchers, magistrates and other specialists - for studies developed in the economic and social fields, in compliance with the Law. (2) The amounts due to collaborators are established by direct negotiation and according to the complexity and importance of the work to be carried out and do not exceed the maximum monthly basic salary provided by the Law for the position of councillor – 1A degree – within the Economic and Social Council. Art. 118 The specialised technical and administrative staff shall be employed in the Technical Secretariat of the Economic and Social Council, in compliance with the legal provisions. Art.119 (1) According to Law no 544/2001 on free access to public information, with amendments, the Economic and Social Council shall be entitled to request data and information necessary to perform its tasks. (2) The use and storage of data and information shall observe the confidentiality asked by the issuer.

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