Ombudsman: 10-day unpaid leave can be imposed only by law

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Romanian Ombudsman Ioan Muraru thinks that imposing 10-day unpaid leave to all the public sector staff can be legally mandatory only if it is established trough a law adopted by the Parliament or through a Government’s Ordinance, reads the release sent on Tuesday.

According to the Ombudsman, the Constitution’s Art. 137 Paragraph (1) stipulates that ‘training, managing, using and controlling the financial resources of the state, of the territorial administration units and the public institutions are regulated by law,’ while Art. 139 Paragraph (1) reads that ‘the taxes and fees or any other revenues to the state budget and to the social security budget are established only by law.’

The Ombudsman institution also thinks that since the planned measures target the legal rights, freedoms and interests of the public sector personnel, they must be the result of the negotiations with the trade unions, the employers’ associations and the professional associations that according to the Constitution contribute to the defence of the rights and promotion of the professional, economic and social interests of their members.

‘Moreover, all these steps must also be approved by the Social and Economic Council, set up through the Constitution’s revision from 2003, as an advisory body of the Parliament and the Government in establishing the economic and social strategies and policies,’ the release said.

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