SEEU Review vol. 5 Nr. 2 (pdf) - South East European University

SEEU Review Volume 5, No. 2, 2009
‣ The right to get organized,
‣ The right to negotiate collectively.
The fact that our country is a ratifying country of the European Social
Charter as amended, according to Article 122 of the Constitution, it is
obliged to meet obligations and commitments stemming from the latter, as it
constitutes a part of domestic legislation.
In addition, a whole range of conventions and recommendations of the
International Organization of Labor, have been ratified by our country.
Our Code of Labor which entered into force in 1995 has been changed by
law No 8085 in 1996 and by law No 9125 in 2003. Basic principles of this
Code are: prohibition of forced labor; prohibition of discrimination; union
freedom and fair remuneration.
I-Technical Safety and health protection at work
Regarding safety and protection of health, it is provided that the employer
is responsible in cases of accidents and occupational diseases, as he/she is
the one who shall clearly establish the rules of technical safety. A workrelated
accident is considered the immediate injury of employees during the
work or during a process relevant to work which results in the loss of
temporary or permanent ability to work or even death. In cases of serious
guilt of the employer, the latter should pay the difference between the
damage and the remuneration taken by the employee through social
insurances. Occupational diseases are called those diseases that constitute
exclusively a characteristic of the work carried out by the worker or
employee. Occupational diseases should include not only those presented in
the list of diseases but also their complications and consequences.
When the employer fails to enforce the obligation to register the
employee in the Social Insurance system, he must afford all costs made by
the employee as a result of an accident or occupational disease, as well as all
damages as a result of non registration.
The employer is obliged to take care of the hygiene of workplaces.
Having consulted hygiene in the workplace with the employees, the
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