LABOR RELATIONS ACT

PART I

GENERAL PROVISIONS

Article 1

This act regulates the implementation of rights, obligations and responsibilities of the employee and employer pertaining to employment.

Under this act, employment signifies a conformed relation between the employee and employer, for the purpose of performing particular tasks and acquiring the rights and obligations of that relation.

An employer, under paragraph 2 of this article, designates: enterprises and other legal entities performing business activities, establishments and other legal entities rendering public services, government agencies, organs of the local self government and other domestic and foreign physical persons and legal entities which employ workers.

Article 2

Employment is regulated by this act, other laws and collective agreements.

Article 3

The worker commences employment voluntarily, in the manner and under conditions determined by law and a collective agreement.

Employment may terminate solely in procedures and under conditions determined by law.

Article 4

The worker is obliged to fulfill obligations derived from employment.

The worker assumes personal responsibility for violations of working obligations and caused damages in compliance with the provisions of law and the collective agreement.

Article 5

Employment rights, ratified by Constitution, law and collective agreements, can not be deprived nor restrained by enactments and actions undertaken by the employer.

Article 6

According to the provisions of this act and the collective agreement, the managing body or legal representative of the employer, acquires employment rights and obligations with the employer, during the appointment and performance of representative duties.

PART II

COMMENCING EMPLOYMENT

1. Conditions for commencing employment

Article 7

Persons who meet the general conditions determined by this act and other laws, as well as the specific conditions determined by law, collective agreement and the act of the employer, may commence employment.

Persons over 15 years of age, may commence employment. Persons over 18 years of age, who are in a good state of health, may perform underground work in mines.

Disabled persons, qualified to perform particular work, shall be considered to be in a good state of health and capable of performing that type of work.

Foreign citizens and persons without citizenship may commence employment under stipulations determined by this act or other laws.

Article 8

The general requirement for commencing employment is good health, which is determined through a medical examination and verified by a medical certificate.

The state authority organ in charge of health shall designate the content and procedure of the medical examination for determining the state of health and the content, the issuing procedure and

validity of the medical certificate.

2. The procedure for commencing employment

Article 9

Decisions regarding employment needs are brought by the employer or an organ appointed by the employer.

Employers are obliged to issue public notifications which seek employees, the requirements that are to be fulfilled by the employee and the period of selection.

Prior to issuing public notifications, employers must submit an application for the need of employees to the office in charge of employment intercession.

The duration period of public notification is eight days.

Employment may commence without public notification, for a maximum of 30 days, through the office in charge of employment intercession, in cases of urgent and pressing duties, whose realization can not be detained until the completion of the selection procedure.

Article 10

Disabled persons may commence employment in compliance with the procedures and conditions determined by this act, unless otherwise resolved by another law.

Article 11

The employer or the organ appointed by the employer select the candidate, latest within 15 days from the expiry date of public notification.

All candidates are to be informed of the selection within eight days from the date of the final decision.

Article 12

Rejected candidates are entitled to lodge a complaint to the organ

appointed in the collective agreement, within 15 days from the

receipt of the f inal decision, should they consider that the selected candidate does not meet the requirements or that the selection procedure has been violated.

The complaint under paragraph 1 of this article shall be resolved in compliance with the provisions for protection of the rights of the employees under this act.

Article 13

Except for trainees, a testing of the working capabilities, as indicated in the collective agreement, may be conducted for a position before the final selection, should this be specified as an employment requirement.

Article 14

Employment may commence with the conclusion of an agreement of employment between the employer and employee.

The agreement of employment is composed in written form, following the final selection and is verified by the office in charge of employment intercession.

The agreement of employment is kept on the working premises of the employer.

A verified copy of the agreement of employment is given to the employee by the employer.

Article 15

The employee can not commence employment prior to the conclusion and verification of the agreement of employment.

Should the employee, unjustly fail to commence employment on the date stipulated in the employment agreement, he shall be considered unemployed.

Article 16

The agreement of employment contains provisions particularly pertaining to: the grounds for commencing employment; the term of employment (part time or full time) ; the duties of the employee and the place of work; the commencing date; the testing procedure of working skills, should this be a prerequisite for commencing employment; the working hours; vacations and leave; professional training; the base pay amount, the pay period and compensations; reassignment; protection at work; termination of employment and other employment rights and obligations in compliance with this act and the collective agreement.

Article 17

The office in charge of employment intercession is obliged to keep on file concluded and verified employment agreements and by request

of the organ for labor inspection, the office of the pension and disabled insurance fund and the health insurance fund in the region of the employers head office, to provide information from the verified employment agreements.

3. Employment booklet

Article 18

Employees commencing employment are provided with an employment booklet.

The employment booklet is a public document, which is maintained according to the registry number of the civilians and contains general information about the employee, professional skills, details of employment and other information and serves as a document through which the right of employment is attained with the employer-

Article 19

The employment booklet is issued by the office in charge of employment intercession according to the place of residence of the employee.

Employment booklets are issued upon written request to persons over 15 years of age, excluding full time pupils and students.

The applicant bears the issuing expenses of the employment booklet.

Article 20
Upon commencing employment, the employment booklet is handed over to the employer and is kept on the business premises during the course of employment.

After the termination of employment, the employer is obliged to enter the date of completion in the employment booklet and to return it to the employee within three days following the termination.

Article 21

The official appointed by the state authorities in charge of labor,

provides instructions for issuing, content, completion,

replacement, issuing of duplicates and the form of the employment

booklet as well as the procedure of maintaining the employment booklet register.

4. Full time and part time employment

Article 22

Employment may commence for a period of time that has not been previously determined (full time employment).

Article 23

Employment may commence for a period of time that has previously been determined (part time employment), particularly in the following instances:

1) seasonal work, f or a maximum of nine months in the course of one calendar year;

2) increased scope of work, for a maximum of six months in the course of one calendar year;

3) replacement of an absent worker, during the period of absence and

4) work on a particular project, until the completion of the project.

In instances under paragraph 1 of this article, employees are entitled to the same rights and obligations as full time employees.

Article 24

Employees who are engaged in part time seasonal work and who have rendered over 40 hours in the working week during the period of employment, shall receive overtime and those hours shall be computed in the years of service.

5. Trainees

Article 25

Employers may hire unemployed persons, who have completed at least four years of secondary education, as full time or part time trainees, for the purpose of vocational training and independent work in the profession.

Article 26

The maximum duration of the training period is one year, unless otherwise determined by law.

The collective agreement determines the duration of the training period, the vocational training process, supervision and appraisal of trainees, the salary amount and the trainees rights to other allowances.

6. Reassignment of employees

Article 27

Employees are engaged in work at the position for which they have been hired.

Employees may be reassigned to any position that corresponds to their qualifications, in instances that have been determined by the collective agreement.

The decision of reassignment is brought by the employer or by his appointed employee.

Article 28

As a rule, employees perform their working duties on the working

premises of the employer, or at home, if permissive by the

disposition of the duties.

Article 29

Employees may be reassigned from one position to another if the distance of the place of work does not exceed 50 kilometers and if transportation is provided either with public transport or with the employers vehicles.

If the activities are such that they require work outside the working premises of the employer (construction, installation, traffic and communications, geo-research, etc.) and the distance from the place of work exceeds 50 kilometers, employees can be reassigned to different places of work if they are provided with appropriate accommodation and meals or with transportation to and from work in compliance with the employment agreement.

PART III

EMPLOYEES RIGHTS AND THEIR STATUS

1. Working hours Article 30

Working hours amount to 40 hours per working week (full working hours).

Employers may introduce working hours shorter than 40 hours per week in the cases and under conditions stipulated by this act (reduced working hours).

Article 31

Employers may introduce working hours shorter than 40 hours per week in cases when work is organized in shifts, but not less than 32 hours for employees working in shifts.

The rights of the employees under paragraph 1 of this article, are equivalent to the rights of employees working 40 hours per week.

Article 32

The working hours of employees exposed to exceptionally difficult, strenuous and detrimental jobs, with harmful effects on the employees health, i.e. their working capabilities, which can not be fully eliminated through protective measures, shall be reduced in proportion to the harmful effects to their health or working capability, but not less than 30 hours per working week, in compliance with the collective agreement.

The working hours under paragraph 1 of this article are considered as full working hours.

The following jobs are considered exceptionally difficult, strenuous and detrimental to human health : exceptionally dif f icult physical labor; work under increased atmospheric pressure or intense noise; work in water or under high humidity; work exposed to ionizing radiation; work with patients contaminated with contagious diseases or with infected materials; surgical work in operating rooms; psychiatry work; work with patients undergoing strenuous obstacles in mental development; work in forensic medicine and pathological anatomy; work with harmful chemicals; work of aviation personnel; ballet dancers; wind instrument musicians; folk dancers and opera singers.

Official approval of reduced working hours under paragraph 3 of this article is issued by the state authorities in charge of labor related issues, based on an opinion previously provided by an organization specialized in labor medicine and labor inspection.

Employees assigned to duties under paragraph 3 of this article, can not work longer than the reduced working hours that have been determined.

Article 33

Employers may assign shorter working hours than those considered as full time, for the completion of everyday duties in smaller scope or if the disposition of the work requires it.

Employees who have commenced employment as stipulated under paragraph 1 of this article, are entitled to employment rights and obligations, which are fulfilled in volume depending on the length of the duties and the working results, in compliance with the collective agreement.

Article 34

F,mployees assigned to positions with reduced working hours may commence employment with more than one employer and consequently achieve full working hours.

In cases under paragraph 1 of this article, employees acquire employment rights with the employer if they have rendered a larger number of hours than those designated.

Article 35

By exception, working hours may exceed 40 hours per working week, but may not surpass 10 hours per week in the following instances:

1) during earthquakes, floods, fires, epidemics, epizootics and other major forces or disasters which have already occurred or present a direct threat;

2) for helping other employers who have suffered a misfortune or are directly threatened by one;

3) when essential to complete an initiated working process, whose intermission, considering the disposition of the technology and organization of work, would cause considerable material damage or would present a threat to people's life or health;

4) to prevent squandering of raw materials or substances, or to eliminate the defects of the instruments of labor;

5) to replace the unexpected absence of an employee in a continual working process;

6) to begin or complete urgent medical (human or veterinary) intervention or other pressing health measures and

7) to complete urgent and pressing activities in the working process.

In cases under paragraph 1 of this article, employees are obliged to work and the filing of a complaint shall not detain the effectuation of the decision.

Working hours exceeding 40 hours in the working week can last only as long as it is necessary to eliminate risks or to prevent damaging effects.

The decision for longer working hours is brought by the employer or an employee that he himself has appointed.

Article 36

Working hours between 10:00 p.m. and 6:00 a.m. the following day, and in agriculture between 10:00 p.m. and 4:00 a.m. the following day, are considered as night work.

Nightly working hours represent a specific working condition, when determining the rights of the employees.

Article 37

Working hours may be rearranged if required by the disposition of the job, i.e., tasks and duties, organization of the work, better utilization of labor, more rational use of working hours and completion of certain jobs and tasks within set terms.

In cases under paragraph 1 of this article, working hours are rearranged in such a way that the total working hours of employees on the average are not to exceed 40 hours in the working week in the course of the year.

Article 38

The schedule of the working hours, within the framework of the annual working hours, is determined by the employers decision, in compliance with the collective agreement.

Article 39

The schedule and duration of the working hours related to professions in the field of transport and communications, retail

trade, health, social and child welfare, pre-school guidance, education and other non-economic public services, public utilities, catering, tourism, small scale industries and in other fields, are determined by law or a regulation issued by the organ of the state authorities in the appropriate field.

2. Vacations and Leaves

Article 40

Employees are entitled to a 30 minute recess during the daily working hours.

Recesses during working hours are organized in a way to ensure continuity of work, should the disposition of the work be such that it does not permit intermissions or should it involve work with clients.

The recess under paragraph 1 of this article is computed into the daily working hours.

The recess under paragraph 1 of this article can not be set at the beginning or at the end of the working hours.

Article 41

Employees are entitled to leave between two consequent working days of at least 12 hours continual work.

During seasonal work, employees are entitled to leave under paragraph 1 of this article, in duration of at least 10 hours, whilst employees under 18 years of age in duration of at least 12 hours.

Article 42

Employees are entitled to weekly leave of at least 24 hours continually, however, should they be required to work during weekly leave, the leave hours are to be compensated during the next working week.

Article 43

Employees are entitled to annual leave during the course of one calendar year of a minimum of 18 and a maximum of 26 working days.

Employees who have not accumulated one year of work in the calendar year in which they have commenced employment, are entitled to annual leave of two working days for each month of employment, but not exceeding 18 working days.

The duration of annual leave for employees working under specific working conditions is determined by branch collective agreements, however, it may not exceed 36 working days.

The duration of annual leave is determined by the employer particularly on the basis of: the length of working experience, the complexity of the working duties, the working conditions and the employees state of health.

Article 44

As a rule, annual leave is taken during the course of the calendar

year.

Annual leave may be taken in two portions.

Should employees take annual leave in portions, the first portion must be taken continually, lasting at least 12 working days in the course of the calendar year, and the second portion also in continuity, latest by June 30 of the following year.

Annual leave, i.e., the first portion of annual leave that has been interrupted or has not been taken in the calendar year due to sickness or maternity leave, may be taken by employees latest until June 30 the following year, under condition that employees have worked at least six months in the year prior to the year in which they have returned to work.

Article 45

Employers or organs appointed by employers determine the schedule for taking annual leave, in compliance with the collective agreement.

Employees must be notified at least 30 days prior to taking annual leave, of the schedule and duration of annual leave as stipulated in the collective agreement.

Employees may take one day annual leave as desired, with the obligation that they notify employers within the period stipulated in the collective agreement.

When determining the duration of annual leave, Saturdays are not considered as working days.

Periods during military service or completion of military service shall not be considered as suspension of work for the purpose of attaining the right to annual leave.

The commencement of new employment, within eight days from the termination date of the previous employment, shall not be considered as suspension of work for the purpose of attaining the right to annual leave.

Article 46

Employees can not renounce the right to paid daily, weekly and annual leave, nor can they be denied this right.

Article 47

Approved sick leave, while on annual leave, is not computed in the
annual leave.

Employees are required to notify employers within 24 hours when taking sick leave.

Article 48

Employees are permitted leave from work with compensated pay and other employment rights, in cases and under conditions determined in the collective agreement, in compliance with this act.

Approval of leave under paragraph 1 of this article is given by the employer or authorized employees.

Article 49

Blood donors are permitted two subsequent days of leave for each blood donation which are to be considered as working days.

Article 50

Employees are permitted seven days leave from work during the calendar year with compensated pay, in instances and under conditions determined by the collective agreement, particularly in cases of marriage, death of a close family member, for professional or other kinds of examinations for the requirements of the employer.

Should employees be assigned to professional training, the leave under paragraph 1 of this article may exceed seven working days.

Article 51

Employees are permitted leave without compensation of pay in instances and under conditions determined by the collective agreement, but not exceeding three months during the calendar year.

During leave without pay, employment rights and obligations are set at rest.

Article 52

Employees who have suspended work with employers due to military service or completion of military service, are permitted within 30 days after completion of service, to return to the working position

which corresponds to the qualifications of the particular profession.

Article 53

Employees assigned to work abroad in the field of international, technical or educational, cultural and scientific cooperation, in diplomatic or consular missions, on vocational training or scholarships, by approval of the employer, are permitted within 30 days from termination of employment abroad, to return to work for the employer at positions that correspond to the qualifications of the particular profession.

Employment rights and obligations shall be set at rest by the request of employees, whose spouses are assigned to work abroad in the field of international, technical or educational, cultural and scientific cooperation, in diplomatic or consular missions, and shall be permitted within 30 days from the termination date of the spousels employment abroad, to return to work for the employer at the position that corresponds to the qualifications of the particular profession.

During absences from work, indicated under paragraphs 1 and 2 of this article, employment rights and obligations are set at rest, excluding the rights and obligations that are otherwise determined by law.

Article 54

Employees who are elected or appointed to state or public functions determined by law, which require temporary cessation of work with employers, are permitted within 30 days upon termination of the performed function to return to the position corresponding to the employees qualifications.

3. Protection of employees at work

Article 55

Employers are required to provide the necessary conditions for protection at work in compliance with this act, other laws and the collective agreement.

Employees acquire protection at work in compliance with the prescribed measures and standards of work protection in accordance with this act and the collective agreement.

Employees are required to observe the measures for protection at work and to perform the duties carefully in order to protect their

lives and health and those of other employees and civilians.

Article 56

Employers are required to notify employees of all the dangers at work and of the rights and obligations regarding protection at work and working conditions.

If the stipulated measures for protection at work have not been implemented, employees are permitted to refuse work, should their lives or health be under direct threat.

In cases under paragraph 3 of this article, employers are required to undertake immediate measures to eliminate direct threats to the lives and health of the employees.

Article 57

Considering the current scientific methods and achievements, employers are required to organize the working process in a manner that will ensure safety at work and protection of the civilians health, that is, to create working conditions and undertake the prescribed measures and regulations and other generally approved measures for protection at work, which ensure mental and physical health and personal safety of the employees and civilians.

4. Special protection of women, juveniles and disabled employees

Article 58

Female employees are entitled to nine months continual leave from work during pregnancy, birth and maternity, and one year leave for birth of more than one child (twins, triplets, etc.).

Based on the findings of authorized medical institutions, female employees may begin maternity leave 45 days before delivery and compulsorily 28 days before delivery.

Female employees who have adopted a child are entitled leave until the child is nine months old and one year leave for the adoption of more children (two or more).

Female employees who have adopted children between the age of nine months and five years, are entitled to three months leave from work.

During maternity leave under paragraphs 1 and 3 of this article, female employees are entitled to compensation of pay in compliance with the health care regulations.

Article 59

The child's father is entitled to the rights under article 58 of this act in cases of the mother's death, abandonment or if she has been prevented to employ the above rights for justified reasons.

Child adopters are provided equal rights to those of the parents under articles 58 and 59 of this act.

Article 60

In cases of death at birth or death of a child before the expiration of maternity leave, female employees are permitted to extend maternity leave for the period of time, which on the basis of the physicians findings, would be required for recovery from birth and the psychological state caused by child loss, for a minimum of 45 days, during which they are provided with all maternity leave rights.

During leave listed under paragraph 1 of this article and article 58 paragraph 2 of this act, female employees are entitled to salary compensation in compliance with the health care regulations.

Article 61

Female employees, are not to work longer than the full working hours nor in night shifts during pregnancy or with children under two years of age.

With the exception of the provision under paragraph 1 of this article, female employees with children over one year of age, are permitted to work in night shifts, only at their request.

Self supporting parents, whose children are under the age of seven or disabled, are permitted to work longer than the full working hours or in night shifts, solely on the basis of their written consent.

Article 62

one of the parents of handicapped children are permitted to work
half of the full working hours in cases when either both parents are employed or if the parent is self supporting, based on the findings of an competent medical board and if the child is not placed in a social or medical institution.

Reduced working hours under paragraph 1 of this article are considered as full working hours, and the right to salary compensation is acquired in compliance with the social security regulations.

Article 63

Male and female employees under 18 years of age are not permitted to work which involves strenuous physical labor, underground or underwater work or other jobs, which may be harmful or threatening to their health and lives, determined in the collective agreement.

Article 64

Employees under 18 years of age acquire annual leave according to the general rules and standards by which the length of annual leave is determined for other employees and increased by seven additional working days..

Article 65

Female employees working in industries and building construction can not be assigned to night shifts unless a minimum seven hour break has been provided between 10:00 p.m. and 5:00 a.m. the following day.

The prohibition under paragraph 1 of this article does not pertain to female employees granted special authorities and responsibilities or those engaged in health, social or other protection of the employees.

With the exception of the provision under paragraph 1 of this article, female employees may be assigned to night shifts when they are required continue interrupted work due to major force or when needed to prevent damages to raw materials or other substances.

Female employees may be assigned to night shifts when compelled by particularly critical economic, social and similar circumstances and under condition that employers are granted approval for initiating such endeavors.

The approval under paragraph 4 of this article, is issued by the 19

state authorities in charge of labor related issues.

Article 66

Employees under 18 years of age can not be assigned to work longer than the full working hours.

Shorter working hours may be determined in the collective agreement for employees under paragraph 1 of this article.

Article 67

Employees under 18 years of age employed in the fields of industry, building construction or transport, can not be assigned to night shifts between 10:00 p.m. and 6:00 a.m. the following day.

With exceptions, when compelled by public interest, owing to exceptionally difficult circumstances, employees under 18 years of age, may be assigned to night shifts under the same conditions provided to other employees engaged in night shifts and with the approval of the organ of the state authorities in charge of labor related issues.

Article 68

Disabled employees are entitled to reduced working hours, reassignment of employment to other appropriate positions, retraining and improvement of skills, as well as the right to proper financial compensation pertaining to the utilization of those rights, in compliance with the pension and disability insurance regulations.

Employees whose working skills have been altered and those engaged in occupations where there is the threat of injury, are entitled to reassignment to other appropriate positions.

In cases under paragraphs 1 and 2 of this article, employers are obliged to engage employees in positions corresponding to their qualifications, under the conditions and in the manner stipulated in the collective agreement.

S. Salaries and Benefits

Article 69

Employees are entitled to payment of salaries.

The salaries of the employees are provided from the employers resources, in proportion to the work rendered and their participation in the earnings, according to the conditions and criteria stipulated in the collective agreement.

Article 70

The salaries of employees rendering full working hours can not be less than the lowest salary which is determined for particular levels of work complexity, according to law or the respective collective agreement.

Article 71

Salaries are computed and paid at least once monthly.

Salaries for the current month are monetized and paid no later than the 15th day of the following month.

Contributions and taxes on employees salaries are paid by employers together with the payment of salaries.

Article 72

Employees are entitled to salary compensation during leave from work, under conditions and in the amount determined by law and the collective agreement, particularly: during annual leave; holiday leave; during pregnancy, delivery and maternal care; child care; retraining and improvement of skills; vocational training arranged by the employer; military drills; defense and protection training; responses to invitations issued by organs without the employees knowledge and other cases stipulated by law and the respective collective agreement.

Salary compensations are the responsibility of employers or of the respective administration.

Article 73

Employees are entitled to compensation of salary during work interruptions caused by factors beyond the employees responsibilities such as deficiency of energy, raw materials or

reproduction materials, or malfunction repairs, not exceeding 30 days, in cases when lost working hours can not be offset during free days or weekends.

The compensation amount under paragraph 1 of this article is determined in the respective collective agreement.

Article 74

Employees are entitled increased salary for work during holidays, night shifts and work exceeding 40 hours in the working week, at the amount determined in the collective agreement.

Article 75

Employers are obliged to keeping records of salaries, compensations and salary allowances and to issue a document to the employees for the payment of the salaries, compensations and allowances.

Evidence of salaries, compensations and allowances are kept on the working premises of the employer.

PART IV

SYNDICATES AND EMPLOYERS

Article 76

Employees are permitted to form syndicates for the purpose of fulfilling their economic and social rights resulting from employment and determined by law and the collective agreement.

Employees are free to join a syndicate.

Employees and employers are permitted, without prior approval, to form organizations and to join these organizations free of choice, under the conditions stipulated in the statute.

The organizations listed under paragraph 3 of this article, indicate all organizations of employees and employers whose main objective is improvement and protection of the employees and employers interests.

Article 77

The organizations of employees and employers enact their statute, regulations and program, elect their delegates and set the method of administration and management of their activities.

Article 78

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