CENTRUL DE CULTURĂ „BRĂTIANU”
Instituție de cultură finanțată de Consiliul Județean Argeș
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Home About us Inrternal Rules

No 120/13.02.2012

 

 

INTERNAL RULES

of ”Brătianu” Cultural Centre

 

TITLE I. General provisions

 

            Art. 1 The rules concerning the work organization and discipline within ”Brătianu” Cultural Centre, with the headquarters in Ștefănești, 37 Aleea Stațiunii street, Argeș county, are set in the current Internal Rules, drawn up on the basis of the provisions of the Law no 40/2011.

 

            Art. 2 The provisions of the current internal rules apply to all employees, regardless of the period of the labour contract or the ways in which the activity is carried out, being compulsory.

 

            Art. 2.1 The compulsoriness to respect the provisions of the rules is incumbent on the employees seconded here from other employers, in order to carry out the activity within ”Brătianu” Cultural Centre during the secondment.   

 

            Art. 2.2 The seconded people who carry out the activity within ”Brătianu” Cultural Centre have the obligation to also respect, in addition to the discipline rules established by their employer, the labour discipline rules specific to the labour process where they carry out their activity during the secondment.

 

Art. 3 ”Brătianu” Cultural Centre is a public legal institution whose functioning expenses are financed from extrabudgetary incomes and budgetary allowances granted by Argeș County Council.

 

Art. 3.1 The Centre carries out its activity according to the Romanian laws in force and to the own Rules of Organization and Functioning drawn up on the basis of the framework rules approved through the Order of the Ministry of Culture and Religions concerning the approval of the framework rules of organization and functioning of cultural institutions no 2193/2004.

 

Art. 3.2   ”Brătianu” Cultural Centre has the following departments: financial-accounting, cultural strategy and human resources-marketing, public purchases.

 

 

TITLE II. Object of activity

 

            Art. 4 The object of activity of ”Brătianu” Cultural Centre is to make a cultural programme aiming at integrating into the cultural circuit the historical monument it manages.

 

            According to the Order of the Ministry of Culture no 518/05.04.1993, according to the object of activity, competences and organizational structure, ”Brătianu” Cultural Centre, among others, also carries out self-financed activities in the field of public nourishment and services provider. (Decision of Argeș County Council no 76/28/06/2007).

 

            The Centre initiates and carries out cultural projects and programmes in the field of permanent education and traditional culture, pursuing consistently:

·         To develop attractive and useful projects of permanent education;

·         To preserve and disseminate the moral, artistic and technical values of the community as well as of the national and universal cultural patrimony;

·         To preserve the regional or local features, to stimulate creativity and talent, to bring back to attention and promote the crafts and occupations specific to the area where the Centre develops its activity and to support those who practise them;

·         To favour the values and authenticity of contemporary folk creation and unprofessional interpretative art in all fields – music, choregraphy, theatre, and so on.....;

·         To develop cultural exchanges at county, national and international levels;

·         To educate scientifically and artistically the public through specific programmes;

·         To support young researchers and valuable artists to assert themselves;

·         To draw up and publish studies, publications and documentaries;

·         To collaborate with the Ministry of Education, Research and Youth, with organizations, Romanian and foreign universities in order to make known and assert the values of the Romanian culture and civilization;

·         To enrich the insitution’s patrimony through donations, purchases, organization of camps and art exhibitions and other forms.

·         To accredit professional artistic bands and ensembles.

 

   TITLE III. Rules concerning labour protection, hygiene and safety within the institution

 

            Art. 5 The employer is obliged to take all necessary measures in order to protect the employees’ life and health and to ensure the employees’ safety and health in all aspects related to labour.  

 

            Art. 6 The employer has the following obligations:

 

  1. to give people with responsibilities in the labour safety and health field an adequate period of time and to provide them with the necessary means to practise their tasks;
  2. to ensure the endowment, maintenance, checking up of individual safety equipments and individual working equipments.

 

Each employee has the obligation to ensure the implementation of measures concerning his/her own safety and health as well as of the other employees.

 

Art. 6. 1 In order to ensure the labour safety and health, the employees have the following obligations:

 

a.                           to assimilate and observe the rules and instructions of labour protection and the measures of implementing them;

b.                          to use correctly the technical equipments, the hazardous substances and the other means of production;

c.                           not to proceed to the disconnection, changement or arbitrary removal of safety devices, of technical equipments and buildings, as well as to correctly use these devices;

d.                          to inform the institution manager of any technical deficiencies or other situations which represent a hazard of accident or vocational illness;

e.                           to inform the institution manager in the shortest time of the labour accidents suffered by his/her own person or other employees;

f.                           to take part in the instructing organized by the society in the field of labour safety and health.

 

TITLE IV. Rules on the observance of the non-discrimination principle and removal of any form of violation of dignity

 

Art. 7 Within the relations between the employees of ”Brătianu” Cultural Centre, as well as between these and other physical persons with whom they come into contact in fulfiling the job responsibilities, one forbids any behaviour which may have as a purpose or effect the disfavour or infliction of an unfair or degrading treatment upon one person or group of people.

 

Art. 8 Within the labour relationships, the principle of equality of treatment towards all employees is to be applied.   

 

Art. 9 Any discrimination based on criteria of sex, sex orientation, genetic characteristics, age, national affiliation, race, colour, origin, religion, political opinion, social orientation, handicap, family situation or responsibility, affiliation or union activity is prohibited.

 

 Art. 10 Any behaviour having as purpose the following is considered misbehaviour:

-          the creation at the working place of an atmosphere of intimidation or discouragement for one person or group of people;

-          the negative influence on the situation of the employed person concerning professional promotion, payment or incomes of any kind or access to vocational training and improvement, in case of his/her refusal to accept an undesirable behaviour related to the sexual life;

 

Art. 10.1 In case they consider themselves discriminated against, the employees may formulate claims, notices or complaints to the employer or against him.

 

Art. 10.2  In case the claim is not solved inside the unity through mediation, the employee has the right to lodge a complaint with the competent court.  

 

 

 

 

TITLE V. Rights and obligations of the employer and the employees

 

 

Chapter I. The employer’s rights and obligations

 

 

 

Art. 11 The employer mainly has the following rights:

 

a)      to establish the organization and functioning of the unity;

b)      to establish the corresponding responsibilities for each employee, according to the law and/or the collective labour contract concluded at national level or at activity level, which is applicable including under the conditions of the contract;

c)      to give compulsory instructions to the employee, within the law;

d)     to exercise control on the way of fulfilling the working tasks; 

e)      to ascertain the infractions of discipline and apply the corresponding punitive sanctions, according to the law, the collective labour contract and internal rules.

 

Art. 12 The employer has the following obligations:

 

12.1 To ensure the technical and organizational conditions taken into account when drawing up the labour rules, on which purpose the management of the society is obliged to take measures for:

 

  1. the effective management of fixed and circulating means in the patrimony of the society;
  2. the reinforcement of the activity programme on short and long term;
  3. the creation of a rational organizational structure;
  4. the distribution of jobs to all employees with the mention of their attributions and responsibilities, by adopting a corresponding staff structure;
  5. the exercise of control upon the way in which the employees accomplish their professional obligations;
  6. to inform the employees of the working conditions and of the elements regarding the development of working relationships;
  7. to give employees all rights resulting from the present Internal Rules, from the law, the applicable collective labour contracts and the individual labour contracts;
  8. to ensure the employees’ personal data confidentiality;
  9. to pay all contributions and taxes in his charge, as well as to retain and transfer contributions and taxes owed by the employees, according to the law;
  10. to draw up the personal file of each employee in the respect of the minimum structure foreseen in the law and to deliver, upon request, all documents certifying the quality of employee of the requestor;
  11. to ensure permanently adequate labour conditions, being obliged to take all necessary measures in order to protect the employees’ life and health and to respect the rules in the field of labour safety;
  12. to respect the agreed labour schedule and its concrete ways of organization, set in the present internal rules as well as the adequate resting period;
  13. to provide employees with periodical access to vocational training;
  14. to reimburse the employee, in case this one has suffered a material prejudice for which the employer is at fault, during the fulfillment of his/her working tasks or related to his/her work, based on the rules and principles of contractual civil responsibility, with the amount and in the ways established by the competent court; 
  15. to respect the imperious legal provisions and the inconsistencies set by the laws in force concerning the conclusion, modification, execution and cessation of the individual labour contract;
  16. the people at the management of the society, besides the obligations which rest with them on the basis of their position, are obliged to respect all the other duties of the employees;
  17. to protect all employees in the days with extreme temperatures, in the conditions of the Emergency Ordinance no 99/2000;
  18. supports the staff’s proposals and initiatives, in order to improve the activity as well as the quality of the services;
  19. assures the protection of the employees against threats, violence, insulting behaviour to which they might fall victims prey while doing their job or anything related to it. In order to warrant this right, the public institution will ask for the support of the competent bodies, according to the law.
  20. informs the employees on the content of the Internal Rules, according to art. 259 paragraph (2) in the Labour Code;
  21. the management of the Centre establishes the employees’ jobs based on their professional training, skills, continuity; there may be situations when the working tasks are not accomplished in a stable working place;
  22. creation of a discipline board at the institution level with the mention of the people designed to be part of it.

 

Chapter II. The employees’ rights and obligations         

 

 

Art. 13 The employees’ rights mainly refer to:

  • the salary for the work carried out;
  • the daily and weekly rest;
  • the yearly leave, the supplementary leave;
  • equality of chances and treatment;
  • dignity in work;
  • safety and health in work;
  • access to vocational training, information and consultation;
  • participation in determining and improving the working conditions and the environment;
  • protection in case of dismissal;
  • collective negotiation;
  • participation in collective actions;
  • possibility of forming or joining an union;
  • the lunch break of 30 min;
  • the right to free paid days for particular family events:

-          the employee’s marriage – 5 days

-          the marriage of an employee’s child – 2 days

-          decease of husband/wife, parents, child, parents-in-law, grandparents, brothers, sisters – 3 days

-          conscription to join the army – 2 days

-          blood donors, according to Law no 4/1995 – 2 days

 

Art. 14 The employees’ obligations mainly refer to:

-          their duty to respect the labour discipline, to accomplish the work quota or, if applicable, to accomplish the responsibilities incumbent on them according to the job description, pending their lawfulness and individual labour contract;

-          their obligation of loyalty to the employer in the fulfillment of work responsibilities, in the respect of work safety measures and health in the institution and in the respect of the professional secret;

-          their duty to respect the provisions of the law, the Internal Rules, the collective labour contract in force and those in the individual labour contract.

 

-          the possibility set up by the law to hold them responsible, on the basis of rules and principles of contractual civil responsibility, for the material damage occurred from their fault and related to their work; this responsibility will be established by the competent court.

 

-          the duty to explain (in writing), upon the manager’s request, the reasons for unfulfilling or faultily fulfilling the working tasks.

 

-          the duty to come out of the building, during the working programme, only with the manager’s approval, based on the permission note or the traveling note, if applicable.

 

-          the duty to request in writing (a demand) to the management of the institution the recovery of the worked days, as well as any documents or information 2 days before the permission date.

 

-          the duty to be present at the working programme: 

 

Monday-Thursday: hours 8-16.30

Friday: 8-14

Saturday and Sunday for the guiding activity: 9-17

 

-the obligation to smoke only in the allowed place and to ensure permanently the metallic sand bucket for the cigarette butts;

- it is forbidden to consume alcoholic drinks inside the institution or to show up at the working place under the influence of alcohol or hallucinogen substances.

-it is compulsory to complete and attach, for each employee, the medical record delivered by the doctor for the industrial medicine.

-to inform the institution management if he/she cannot be present at work – medical leave or for another cause. In the case of the medical leave, he/she should inform the management by phone and the medical leave paper must be brought in 3 days in case he/she does not go to hospital; in case he/she goes to hospital, the medical leave paper must be brought by the end of the month. It must be stamped by the unity with which the institution has contract.

 

TITLE VI. The procedure of solving the employees’ demands or individual claims

 

Art. 15 As far as he/she makes the proof that one of his/her rights was trespassed, any interested employee can inform the employer on the provisions of the Internal rules, by stating precisely in writing the provisions that trespass his/her right and the legal provisions that the employer considers to be trespassed.

 

Art. 16 The employer designs a person to formulate answers to the employees’ demands or individual claims concerning the way in which the working relationship between the employer and the employee develops, with the respect of the RI provisions by the employees which will be communicated to them personally or by post. 

 

Art. 17 The appraisal thus formulated will be registered in the general Input-Output Journal of the society and will be solved by the person especially empowered by the employer, according to the responsibilities set in the job description or stipulated in the individual labour contract.

 

Art. 18 The appraisal will be solved and the answer will be drawn up within maximum 5 days or 30 calendar days beginning with the registration day after searching all circumstances in order to have a correct appraisal of the current state and it will bear the visa of the institution management.   

 

Art. 19 After registering the answer in the general Input-Output Journal, this will be communicated at once to the employee who has formulated the appraisal/claim, as follows:

·         personally, under reception signature, with the reception date;

·         by post, if one could not hand personally the answer to the employee in 2 days, by letter with acknowledgement of receipt.

 

Art. 20 The control of the lawfulness of the provisions in the Internal Rules does not come within the jurisdiction of the court – the court in whose circumscription the plaintiff has his domicile, residence, or, as the case may be, the headquarters, which can be perceived within 30 days after the employer informs of the way of solving the claim formulated in the respect of the legal provisions.

 

Art. 21 For the necessary doctor’s certificates, the completion date is of 1 day, following the written demand formulated by the employee.

 

TITLE VII. Concrete rules on the labour discipline within the unity

 

Art. 22 The employees will execute the working orders legally delivered. The execution of an working order which is clearly illegal does not exempt the employee from the disciplinary responsibility.

 

Art. 23 Each employee has the obligation of carrying out immediately and in the shortest deadline the tasks received from the unit management.  

 

Art. 24 The manager assures the organization of the circuit of the documents within the departments. The distribution of the urgent tasks will be made under the management’s guidance.

     

Chapter I. Labour time

 

 

Art. 25 The labour time (the norm) represents the time the employer uses to fulfill his working attributions. The duration of the working time is of 8 hours/day and 40 hours per week. The working schedule starts at 8 and ends at around 16.30 from Monday to Thursday and on Friday the working schedule starts at 8 and finishes at 14.00. The working schedule is flexible.

 

Art. 26 The distribution of the labour time within the week is of 8 hours per day, for 5 days, with 2 days of rest, on Saturday and Sunday. The employees have the right to a rest between two days of work which cannot be less than 12 consecutive hours.

 

Art. 27 For “Brătianu” Cultural Centre, one will establish the programme so as to ensure the development of the specific activity when carrying out cultural actions according to the programme and the yearly event schedule, on Saturday, Sunday and the legal holidays.

 

Art. 28 During the legal holidays and the legal leave, one will maintain work by increasing the tasks of the existing staff.

 

Art. 29 The presence at work of each employee is proved by signing the attendance book, both at coming and at leaving. The attendance book is kept in the office of the human resources department, and it should be at the management’s disposal at any time to check its accuracy.

 

Art. 30 The employees may be given leave of absence from work, for personal purposes, for 1-8 hours per months on the basis of a permission request approved by the unit manager. In the request one will mention the date, duration and hour at which the leave of absence begins. The hours during which the employee is absent will not be paid.

 

Art. 31 The schedule of the holiday leaves will be drawn up by the human resources responsible at the end of each calendar year, for the following year.

 

Art. 32 The accountancy and human resources departments will keep a record of the holiday leaves, sick leave, maternity or childcare leaves, study leaves or unpaid leaves approved by the centre management.

 

Art. 33 The work carried out outside the normal labour time established weekly is considered overtime which has a maximum limit of 48 hours/week. The overtime is compensated by free hours to be paid in the 60 calendar days following its carrying out.

 

Art. 34 The employees have the right to a lunch break of half an hour from 11 to 11.30 and a five-minute break each two hours (for smoking).

The legal holidays in which one does not work are:

-          the 1st and 2nd of January

-          the first and second days of Easter

-          the 1st of May

-          the 1st and 2nd days of Whitsuntide

-          15th of August

-          the 1st of December

-          the 1st and 2nd days of Christmas

-          2 days for either of the two yearly holidays considered legal by the religious cults, others than the Christian ones, for the people belonging to those cults.

 

Chapter II. Leaves

 

Art. 35 The leave is given to the employees according to the legal provisions, the actual duration of the yearly leave is of 21 days and is given proportional to the activity carried out during a calendar year.

 

Art. 36 For the employees taken on during the year, the duration of the leave is established proportional to the period during which the employee has worked, from the beginning of the employment till the end of the respective calendar year.

 

Art. 37 The leave must be taken every year.

 

Art. 38 The employer is obliged to give leave until the end of the following year to all the employees who, during a calendar year, did not take the entire leave to which they were entitled.

 

Art. 39 The employees who were absent from work the entire calendar year because they were on sick leave or unpaid leave are not entitled to take leave in that year.

 

Art. 40 In the cases when the sick leaves and unpaid leaves, the allowances for raising a child up to 2 years, altogether meant 12 months or more and extended on 2 calendar years in a row, the employees have the right to one sick leave, given in the year when the activity is resumed, as long as it was not taken in the year when appeared the absence from work for the above mentioned reasons.

 

Art. 41 The leave can be given globally or partially on condition that one of the given periods be of at least 10 working days.

 

Art. 42 Due to the need to assure the good running of the company, the employees take the leaves on the basis of a collective planning made after taking the opinion of the union, or, if applicable, the employees’ representatives or on the basis of an individual planning which can be drawn up after taking the employee’s opinion.

 

Chapter III. Salary system

 

Art. 43 For the activity carried out under the circumstances foreseen in the individual labour contract, each employee has the right to a salary in money, agreed on at the conclusion of the contract.

 

Art. 44 The salary is confidential.

 

Art. 45 The salary is paid: on the 14th of the month following the month for which the activity was carried out.

 

Art. 46 The payment of the salary is proved by signing the paylists and by any other relevant documents which may prove the payment made to the entitled employee.

 

 

TITLE VIII. Misbehaviours and applicable sanctions

 

Art. 47 The deed related to work and which is represented by an action or inaction done guiltily by the employee, through which the employee has broken the legal rules, the provisions of the present internal rules, of the individual labour contract, of the collective labour contract in force, as well as any other legal provisions in force represents misbehaviour and is punished irrespective of the position of the employee who has committed the abuse. 

 

Art. 48 The following represent actions of misbehaviour:

 

  1. the absence without leave from work for a personal purpose without the manager’s approval
  2. the absence without leave without a medical justification
  3. being late for work
  4. the faulty fulfillment of the working tasks – the non-fulfillment (refusal to fulfill) of a working task assigned by order by the institution manager or the chief accountant, if applicable. 
  5. the carelessness that would lead to the deterioration of the inventory objects and other objects in the institution
  6. doing certain personal activities during the working programme
  7. requesting or receiving gifts, money or other benefits from the people visiting the institution – if applicable, people working in the institution
  8. communication of certain confidential information
  9. allowing foreigners on the unit premises without the management’s approval
  10. the embezzlement of food products or objects from the unit inventory
  11. preventing certain employees, in any way, from carrying out their tasks
  12. unprincipled discussions between colleagues and about work colleagues; gossip
  13. any manifestation of physical or verbal aggression
  14. sexual harassing on an employee
  15. any other constraints on an employee to obtain certain favours
  16. the refusal to explain (in writing – explanatory note), at the manager’s request
  17. disclosing to people outside the company certain information concerning its activity, which are not of public interest or certain employees’ personal data without their approval
  18. the non-observance of the interdiction to smoke inside the institution
  19. the acts of violence brought about by the employee or in which he/she takes part
  20. consuming alcoholic drinks during the programme
  21. the inappropriate storing up of non-biodegradable waste such as plastic bags, packages, wood, and so on
  22. the blocking of access, exit and emergency paths in case of fire inside the unit
  23. using false documents at employment
  24. coming to work under the influence of alcoholic drinks
  25. creating at the working place an atmosphere of intimidation, hostility or discouragement for one person or a group of people
  26. the exercise of a negative influence over the situation of the employee concerning the professional promotion, the remuneration, the incomes of any type or the access to vocational training and improvement  
  27. willingly hiding certain deeds which affect the activity of the institution
  28. verbal violence
  29. non-information of the unit management concerning the medical leave
  30. non-signing the attendance book at the beginning and at the end of the working programme
  31. non-drawing up the daily activity chart and its non-handing to the human resources responsible each day
  32. carelessness for the inventory objects – fixed means – for which there are sub-inventories
  33. faking of documents related to different accounts

 

            Art. 49 According to art. 264 paragraph 1 in the Labour Code, the disciplinary sanctions that “Brătianu” Cultural Centre may implement in the case in which the employee has a misbehaviour are:

a)      written warning;

b)      abrogation;

c)      reduction to a lower position, with the corresponding salary to that position, for a period which cannot be of more than 60 days;

d)     reduction by 5-10% of the basis salary for a duration of 1-3 months;

e)      reduction by 5-10% of the basis salary and, if applicable, of the management allowance for 1-3 months;

f)       cancellation of the individual labour contract for disciplinary reasons. 

 

Art. 50 According to art. 266 in the Labour Code, the employer establishes the applicable disciplinary sanction proportional to the seriousness of the misbehaviour committed by the employee, taking into account the following:

  1. the circumstances in which the deed was committed;
  2. the employee’s degree of guiltiness;
  3. the consequences of the misbehaviour;
  4. the employee’s general behaviour at work;
  5. the eventual disciplinary sanctions previously imposed on the employee.  

 

Art. 51 According to art. 267 in the Labour Code, one cannot impose any measure, excepting the one foreseen at art. 264 paragraph 1 letter a, before conducting a previous disciplinary inquiry.

 

Art. 52 In order to conduct the previous disciplinary inquiry, the employee will be summoned in writing by the person empowered by the employer to conduct the inquiry, with the mention of the object, date, hour and place of the appointment.

 

Art. 53 (1) The employee’s failure to appear at the appointment without an objective reason gives the employer the right to apply the sanction, without conducting the previous disciplinary inquiry.

 

(2) During the previous disciplinary inquiry, the employee has the right to express and support all pleadings in his favour and to present to the person empowered to conduct the inquiry all problems and motivations he/she may think necessary, as well as the right to be assisted, upon demand, by an union representative whose member he/she is. 

 

(3) The documents of the previous procedure and their results will be written down in a report drawn up by the person empowered by the employer to conduct the previous disciplinary inquiry.

 

(4)  The empowered person will record in the general Input-Output Journal of the institution the documents brought in the employee’s defense and the pleadings formulated in writing by the employee in the form of an explanatory note, together with the other inquiry documents.

 

(5) In the event that the employee refuses to give an explanatory note, the person conducting a previous disciplinary inquiry draws up a report stipulating his/her refusal to give the explanatory note, a document which will be attached to the report.    

 

TITLE IX Rules concerning the disciplinary sanction

 

Art. 54 (1) The institution manager appoints by order the committee of disciplinary inquiry formed of 1-2 people.

 

(2) written convocation of the employee by the person/persons empowered to conduct the previous inquiry with the mention of the date, hour and place.

 

(3) the employee’s obligation to show up at the convocation meeting, his/her failure (refusal) to appear gives the employer the right to apply the sanction without any previous inquiry.

 

(4) the issue of the sanction decision is compulsory, as well as its communication to the employee.

 

(5) the communication is made by any means (registered letter or, in case of refusal, official report with witnesses from the working place).

 

(6) the people designed as being responsible for the development of the activities within each department follow the activity and have the obligation of informing the management, through written reports, of all occurring problems, as well as of their solution.    

 

Art. 55 Only one sanction may be imposed for the same misbehaviour.

 

Art. 56 The application of the disciplinary sanction is made by written decision, within 30 calendar days after one takes notice of the misbehaviour, but not later than 6 months starting with the date of the misbehaviour.

 

Art. 57   The decision must include the following compulsory issues:

a.       the description of the deed considered misbehaviour;

b.      the specification of the broken provisions in the internal rules;

c.       the reasons for which the pleadings formulated by the employee during the previous disciplinary inquiry were removed or the reasons for which the inquiry was not conducted;

d.      the reason by right on the basis of which one applies the disciplinary sanction;

e.       the deadline for objecting to the sanction;

f.       the competent court where one can object to the sanction.

 

Art. 58 The sanctioning decision must be communicated to the employee within 5 calendar days at the most following the issue date and is in force starting with the communication date. The decision is handed personally to the employee, with receipt signature, or, in case of refusal of receipt, through registered letter at the domicile or the residence communicated by this one.

 

Art. 59 The decision can be objected to by the employee at the court in whose circuit the sanctioned person has his/her domicile/residence, within 30 calendar days since the date of its communication.

 

 

Title X Ways of applying other specific legal or contractual provisions 

 

 

Art. 60 (1) The staff’s training is compulsory and must be made by the person empowered on this purpose (according to the contract concerning the fire protection) whenever necessary by respecting the periods foreseen in the law.

 

(2) People (women/men) proving to have under care children younger than 2 years old may benefit from the legal provisions concerning the child raising and childcare leave.

 

(3) Pregnant women may benefit throughout their pregnancy from a reduced working schedule of 4 hours/day.

 

(4) Taking into account the specific programme of ”Brătianu” Cultural Centre in organizing various activities (cultural actions, festive meals, symposiums), for their good organization, the distribution of the working programme will be made function of these needs – at the discretion of the institution management – by abiding the legal provisions in the field, the employees being obliged to respect precisely the distribution of the working programme.

 

Title XI Criteria and procedure of professional assessment of the employees

 

Chapter I – General provisions

 

Art. 61 – Objective of the assessment criteria

 

(1)    The current assessment criteria establish the general framework of ensuring the conformity of the job requirements with the employee’s qualities and the results of his/her work at a certain moment.

(2)    In order to achieve the objective mentioned at paragraph (1), the current assessment criteria provide the assessment of the employees’ professional performances in relation to the jobs’ requirements.

(3)    The assessment criteria for the professional activity are:

(a)    the imposed vocational training

(b)   the way of accomplishing the working tasks

(c)    competence, initiative, creativity

(d)   self-improvement and turning to the best account the acquired experience

(e)    teamwork spirit and collaboration

(f)    communication skills

(g)   discipline at the working place, misbehaviour

(h)   responsibility, commitment and perseverence

 

Chapter II – Assessment of the employees’ individual professional performances

 

Art. 62 – Objective of the individual professional performances’ assessment

 

(1)   The objective of the individual professional performances’ assessment is to assess objectively the staff’s activity, by comparing the degree of fulfilling the objectives and the assessment criteria established for the corresponding period to the actual results.

(2)   The assessment of the individual professional performances is made for:

a)      the correct expression and sizing of the objectives;

b)      the establishment of directions and ways of professional improvement for the employees and increase of their peformances;

c)      the establishment of deviations from the objectives and the corrections needed;

d)     the diminution of risks brought about by incompetent people who were kept in their jobs or promoted.

 

Art. 63 – Stages of the assessment procedure

The assessment procedure has the following stages:

a)      filling of the assessment form by the assessor;

b)      interview;

c)      countersigning of the assessment form.

 

Art. 64 – Modification of the assessment form

(1)   The assessment form can be modified according to the counter-signer’s decision, in the following cases:

a)      the written appreciation does not meet the reality;

b)      there are differences of opinion between the assessor and the assessed person which could not be solved by common consent.

(2)   The assessment form, modified under the conditions foreseen at paragraph (1), is presented to the assessed employee.

 

Art. 65 – Objection to the result of the assessment

 

(1)   The employees who are not satisfied with the result of the assessment may file a complaint to the institution manager.

(2)   The complaint is formulated within 5 calendar days after the assessed employee is informed of the given result and is solved within 15 calendar days after the expiration of the deadline for filing the complaint by a commission appointed on this purpose through an administrative document from the institution manager. The commission will solve the complaint on the basis of the assessment report and the reports made by the assessed employee, the assessor and the counter-signer.  

(3)   The result of the complaint will be communicated to the employee within 5 calendar days following its resolution.

(4)   The employee who is not satisfied with the way of solving the complaint formulated according to paragraph (1) may address the administrative court according to the law. 

 

Title XII Rules concerning maternity protection at the working place

 

 

            Art. 66 (1) The female employees in one of the following situations : they are pregnant, breast-feeding or have recently given birth, have the obligation to go to their family doctor in order to have a certificate delivered which can certify their condition. In the case in which they do not fulfill this condition and do not inform in writing the employer of their condition, this one is exempted from the obligations foreseen by the GEO no 96/2003, excepting those foreseen at art. 5, 6, 18, 25.

 

(2) The female employees cannot be constrained to do a job which may damage their health, their pregnancy condition or their new born baby condition, if applicable.

 

(3)               For all activities likely to incur a specific risk of exposure to factors, procedures and working conditions, the employer is obliged to assess yearly, as well as at any modification of the working conditions, the nature, degree and duration of exposure of these employees, on the purpose of establishing any risk to their health and safety or any effect on their pregnancy or breast-feeding.     

 

(4)               The pregnant employees cannot be forced to work at night. In the event that these employees’ health is damaged by the night work, the employer is obliged, based on the employees’ written request, to transfer them to a day job and maintain the gross basic salary. The request must be accompanied by a medical certificate mentioning the period in which her health is damaged by the night work. If the transfer is not possible, the employee will benefit from maternity leave. The employees foreseen in one of these situations cannot carry out their work in unhealthy or awkward conditions. If there is an employee carrying out her current work in unhealthy or awkward conditions, the employer is obliged to transfer her to another working place and maintain her basic salary.

 

(5)   It is forbidden for the employer to order the cessation of the working relations in the case of:

  1. the employee foreseen in one of the situations: she is pregnant, breast-feeding or has recently given birth or out of reasons directly related to her condition;
  2. the employee on leave of maternal risk;
  3. the employee on maternity leave;
  4. the employee on childcare leave up to two years or up to three years, in the case of a disabled child;

e.  the employee on sick childcare leave up to seven years or, in the case of a disabled child, up to 18 years.

 

(6)               The employees whose working relations stopped from reasons related to their condition have the right to object to the employer’s decision at the competent court within 30 days following its communication.

 

(7)   They are entitled to maternal risk leave as follows:

  1. before requesting the maternity leave, according to the legal rules;
  2. after returning from the compulsory postnatal leave, in case she does not request the leave and the allowance for raising a child up to two years, respectively up to three years for a disabled child.

 

(8)               The family doctor or the consultant may give, completely or fractionally, a leave which should not be more than 120 days and should not be simultaneous with other leaves. The allowance proportion is of 75% from the average monthly allowances accumulated in the 10 months previous to the request, on the basis of which one has paid the state social insurance and so the allowance is borne from this one.  

 

FINAL PROVISIONS

 

            Art. 67 (1) The Internal Rules are the employer’s act of benevolence and express his legal determination.

 

(2) The current Internal Rules will be communicated to the entire staff, will be displayed in a visible place at the institution headquarters and are obligatory in force for all staff categories in the institution starting with the moment of their notification (signing the processing record).

 

(3) The inobservance of any provision in the internal rules brings about the employee’s disciplinary responsibility.

 

(4) The provisions of the internal rules may be the basis of the punishment sanction. 

 

(5) The new employees at “Brătianu” Cultural Centre or the seconded employees from another employer will be informed, starting with the beginning of their activity, of the rights and obligations applying to them and set up in the present Internal Rules.

(6) Any modification in the content of the Internal Rules, based on the modifications of the legal provisions or on the employer’s initiative, made in the limit of the legal provisions, is submitted to the informing procedures established concretely in the above articles.    

 

 

MANAGER,

ȘERBAN SIMONA

 

 

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