38
MINISTRY OF EDUCATION, RESEARCH, YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY 900663, CONSTANŢA, 104, Mircea cel Bătrân Street, ROMANIA Fax: +40-241-617260, Tel: +40-241-664740, E-mail: [email protected] Web: www.cmu-edu.eu 1 INTERNAL REGULATION

INTERNAL REGULATION · 2015-05-22 · E-mail: [email protected] Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

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Page 1: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

1

INTERNAL

REGULATION

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

2

CHAPTER I

General Provisions Art1 This internal regulation lays down provisions relating to labor discipline and the procedures and requirements of general application which regulate the activity within Constanta Maritime University Art2 The basis for the compilation of this Regulation is Law no 532003- Labour Code - republished with subsequent amendments the collective labor contract for the Higher Education Sector Collective Labour Agreement in Constanta Maritime University Law 12011 ndash the Law of National Education Law no 4772004 the Code of Conduct of contractual staff of public authorities and institutions Law no 3192006 on labour safety and health with subsequent amendments and completions and other provisions contained in the current legislation Art3 The staff of the Maritime University shall strictly comply with the general and permanent rules of conduct and discipline established according to the provisions of this internal Regulation Art4 This internal regulation applies to all University employees irrespective of the nature of the labor contract (determined undetermined) duration of employment (full time or part time) hierarchical position as well as to persons working as delegated or detached throughout the performance of the labor contract Art5 (1) The employer shall provide employees with the necessary information concerning the provisions of the Internal Regulation (2) The Internal Regulation shall be effective to the employees at the time of their having been briefed about (3) The briefing of employees on the contents of the internal regulation will be done by the direct supervisor of each employee by record in a report based on the employee signature (4) This Regulation shall be reviewed periodically in line with the legislative changes related to the employer or work processes (5) Given the dynamic nature of the evolution of the institution it is possible that some provisions of this Regulation be amended before reviewing it In this case the Senate decisions or resolutions or of the Senate Bureau shall become binding and they shall be considered an Annex to the present Regulation Art6 (1) The provisions of this Regulation may be completed internally by internal rules of service general or specific rules in the conduct of employees of the institution to the extent that they are needed (2) The special circumstances or for some employees of Constanta Maritime University or for specific modalities or procedures for implementing this Regulation shall be subject to rules regulations plans and internal work decisions Art7 This Regulation contains rules relating to 1Respecting the principle of non-discrimination and all forms of violation of dignity 2 Labour organisation employees rights and duties 3The procedure to handle requests or complaints of individual employees 4 Labour discipline and disciplinary procedure and patrimonial liability 5Labour safety hygiene and security

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

3

6The circuit of papers and documents about the institution 7Inforcement modalities of legal or other specific contractual provisions

CHAPTER II

REGULATION regarding the filling of teaching positions in

Constanta Maritime University A For the teaching staff

SUBCHAPTER II1

GENERAL PROVISIONS Art 8 In Constanta Maritime University (CMU) teaching positions are filled by competition in accordance with the applicable law the University Charter and the Decision of the University Senate The contest is public and is governed by this Regulation Art 9 Candidates for a teaching position must have the specialization (attested by a degree recognized by the Ministry of Education Youth and Sports) consistent with the structure of the job the candidates sit for Art 10 The competition for a teaching or research position can be taken by Romanian or foreign citizens without any discrimination under the law The competition methodology cannot contain discriminatory provisions on candidates based on gender ethnic or social origin religion or belief disabilities political social or economic condition Art 11 The competition methodology does not refer to seniority and does not contain provisions meant to disadvantage candidates from outside the institution Art 12 The description of the vacant position shall be made in comprehensive terms that correspond to the real needs of the university and shall not be limited artificially to the number of potential candidates

SUBCHAPTER II2

SETUP AND DISPLAY TEACHING POSITIONS

Art 13 In accordance with the law in force teaching and research positions may be displayed for competition at least for the following a) Junior Lecturer (indefinite labour contract) b) Senior Lecturer c) Associate Professor d) Professor

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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e) Research assistant for an indefinite period f) Senior Researcher III g) Senior Researcher II h) Senior Researcher I Art 14 Constanta Maritime University can organize a competition for a teaching position only if this is declared vacant Art 15 A position is considered vacant if so provided in the employment list of the department drawn annually or being declared vacant during the academic year Art 16 A position becomes vacant in one of the following ways a) termination of employment by retirement death resignation dismissal or otherwise termination of employment according to law b) transferring the person occupying another position within the same institution of higher education as a result of winning a contest (4) The teaching and research positions cannot be displayed for competition by transformation Art 17 The departments with a vacancy rate of over 70 can not set out teaching positions for contest Art 18 The proposal for setting out a teaching position is formulated by the management department in conjunction with the desiderate inscribed in the institution strategic plan and financial resources scheme Art 19 Upon approval of the Teaching staff Council The Dean addresses to the University Senate the contest application for the post or posts in question Art 20 The public announcement of the contest is to be made with at least 2 months before the deadline for registration of candidates Notices shall be published at least the following ways a) on the first page of the website of the higher education institution b) on a specialized website administered by the Ministry of Education Youth and Sports c) in the Official Gazette Art 21 Constanta Maritime University and the Ministry of Education Youth and Sports may make the competitions public by additional means including publication in the media national and international scientific publications on websites specializing in the publication of job offers and more of the sort Art 22 The website of the contest Constanta Maritime University shall publish the following information a) description of the vacant position b) tasks activities pertaining to the vacant position including teaching quota and types of activities included in the teaching research quota respectively c) a minimum wage job classification at the time of employment d) the competition calendar e) evidence of the contest theme including lectures courses or subjects or out of which the contest board can choose the actual subjects to be defended f) description of the competition procedure g) list of documents that applicants must include in their application files h) the address where the competition file is to be sent i) notices relating to positions of associate professor and professor will be published in English

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

5

Art 23 The websites of the competition managed by Constanta Maritime University or by the Ministry of Education Youth and Sports respectively shall publish at the latest within 5 working days from the deadline for entering the contest for each of the candidates and with the protection of personal data within the boundaries of the law as follows a) curriculum vitae b) statement verifying the fulfillment of minimum standards c) the nominal composition of the contest board Art 24 (1) Persons who are spouses in-laws and relatives in the third degree including one or more candidates may not directly or through intermediaries a) participate in the decision on the appointment of the competition board b) be members or alternate members of the competition c) be engaged in professional or administrative assessment decisions in the contest d) be involved in resolving complaints (2) The following persons cannot be involved in the process of competition a) employees of the same institution as a candidate who holds a management position and are hierarchically subordinate to this candidate b) persons who are in a direct contractual relationship with one or more candidates or by companies in which they hold shares c) persons who are or have been involved in joint research grants with one or more candidates Art 25 If case there be that after a candidate winning a contest one or more persons from the higher education institution are to be found in a situation of incompatibility under art Article 295 (4) of the Law of National Education no 12011 the appointment and granting of the university title by the higher education institution may take place only after solving the situation the incompatibilities The Ministry of Education Youth and Sports shall be notified on the manner to resolve the situation of incompatibility within 2 working days since filing the complaint Art 26 (1) Constanta Maritime University organizes competition for a teaching position only with the approval of the Ministry of Education Youth and Sports (2) Constanta Maritime University will submit to MECTS the demand for approval together with the following documents a) list of proposed positions and their structure signed and stamped by the rector of the higher education institution b) the extract from the employment list with the vacancies signed by the rector the dean and the head of department or the head of the doctoral school c) affidavit of the rector of the higher education institution stating that all vacancies proposed to be set out comply with the structure of specialized curricula study programs established for legal studies including the form of education and location d) the methodology of the competition (3) Request for approval from the Ministry of Education Youth and Sports is made compulsory within 30 calendar days from the beginning of each academic semester (4) the procedure for granting approval to set out for competition teaching positions the Ministry of Education Research Youth and Sports verifies the structure and teaching loads in relation to the legal provisions in force (5) Notices of Vacancies shall be made only for the positions that have received a favorable opinion from the Ministry of Education Youth and Sports

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

6

(6) Positions not approved by the Ministry of Education Youth and Sports shall not be set out for competition (7) The proposal for organizing the contest for a vacancy shall be made by the Head of the specific structure by report endorsed by the council of the department and the faculty council The list of suggested positions to be filled by competition is approved by the dean and forwarded to CMU board which forwards them to the Senate Based on this analysis the Senate prepares the draft resolution where the positions shall be individualized with a favorable set out mark for competition The draft decision will also mention the applications which have not received the favorable opinion of the Senate and the grounds for refusal Senators shall be distributed the draft resolution in print prior to the meeting Constanta Maritime University Senate shall decide upon the draft resolution by open ballot

SUBCHAPTER II3

CONDITIONS FOR SIGNING UP IN THE COMPETITION FOR FILLING A TEACHING POSITION

Art 27 (1) The conditions for entering the competition for teaching positions are (11) For the position of junior lecturer the following are required cumulatively a) holding the PhD Degree b) performance standards vacancy lecturer teaching indefinitely specific function provided by its own methodology (12) For the position of senior lecturer lecturer are required cumulatively a) holding the PhD degree b) compliance with national minimum standards for filling teaching positions specific to the teaching position of senior lecturer lecturer approved by the Minister of Education Youth and Sports under art 219 paragraph (1) of the Law of National Education Law 12011 c) compliance with the minimum standards for employment on teaching positions specific to the position of senior lecturer lecturer under their own methodology (13) For the position of associate professor the following are required cumulatively a) holding the PhD degree b) compliance with national minimum standards for filling teaching positions specific to the teaching of associate professor approved by the Minister of Education Youth and Sports under art 219 paragraph (1) National Education Law Law 12011 c) compliance with the minimum standards of teaching vacancy specific teaching position of associate professor under their own methodology (14) For the position of professor the following are required cumulatively a) holding the PhD degree b) holding the certificate of entitlement c) compliance with national minimum standards for filling teaching positions specific to the position of professor approved by the Minister of Education Youth and Sports under art 219 paragraph (1) of the Law of National Education Law 12011

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

7

d) completion of minimum employment standards of teaching positions specific to the position of professor under their own methodology Art 28 For the enrollment in the contest for a teaching position the candidate shall prepare a file containing the following documents a) the application for the contest signed by the candidate accompanied by a sworn statement about the veracity of the information presented in the file b) a proposal for the development of academic career both in terms of teaching as well as in terms of scientific research proposal written by the candidate should hold a maximum of 10 pages and is one of the main criteria for the candidates c) curriculum vitae of the candidate in writing form electronically d) list of candidate scientific papers written electronic e) statement verifying the fulfillment of standards in the contest and or post employment f) documents related to the PhDdegree a certified copy of the PhDdegree and if the original PhDdegree is not recognized in Romania a certificate of recognition or equivalence thereof g) summary in Romanian and English of the t PhD thesis or where appropriate habilitation thesis on one page maximum h) affidavit of the applicant that there is no incompatibility with the Law 12011 the Law of National Education and the government decision i) if the contest is for the post of professor a certified copy of certificate of entitlement is required j) copies of other certificates attesting to the applicants studies k) a copy of the identity card l) If the candidate has changed hisher name copies of documents evidencing the change of name - marriage certificate or proof of name change m) more than 10 publications patents or other scientific work of the candidate in electronic format selected and deemed to be most relevant to their professional achievements n) If one or more publications are available in electronic format the applicant shall submit the file a copy of the book monograph whose author heshe is the conference site where work was defended ISSN Proceeding etc Art 29 The Curriculum vitae of the candidate should include a) information about studies and diplomasdegrees obtained b) information about work experience and jobs c) information about research and development projects that heshe led as project manager and grants obtained if there are such projects or grants indicating for each source of funding amount of funding and main publications and patents resulted thereby d) information about the awards or other recognition of the scientific contributions of the candidate Art 30 The List of scientific papers of the applicant will be structured as follows a) the list of scientific papers out of which in excerpt the list of more than 10 works considered to be the most relevant candidate for professional achievements which are

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

8

included in the file electronically and can be found in other categories of works under this article For the post of professor there will be specified only the list of scientific papers carried out after obtaining the certificate of entitlement b) PhD thesis or theses c) Patents and other intellectual and industrial property titles d) books and chapters in books e) articles studies in full published in the main international scientific journals publications in full the principal scientific papers published in international scientific conferences f) other papers and scientific contributions or where appropriate of artistic creation Art 31 Candidates for the position of associate professor must include in the file at least 3 names and contact addresses of personalities in this field in the country or abroad outside the higher education institution whose post is put up which accepted to write letters of recommendation regarding the applicants professional qualities The candidates for the position of professor must include in the file at least 3 names and contact addresses of personalities in the respective field from foreign institutions of higher education and research in the list approved by the Ministry of Education Youth and Sports developed according to art 216 paragraph 2 item f of the Law of National Education 12011 The domains-specific credentials for candidates for the position of professor may come from some personalities in this field from Romania outside the higher education institution whose post is put up or competition Art 32 The application file is set up by the candidate and submitted to Constanta Maritime University 104 Mircea cel Batran Street specified on the Contest website or through postal or courier services for the confirmation of receipt The application file is sent to the members of the contest board starting from the closing date for application process of competition no later than 5 working days before the first part of the competition Art 33 The Legal Department of Constanta Maritime University will certify that the candidate fulfills the legal requirements by written approval The opinion will be communicated to the candidate within 48 hours of the issuance to but no less than 5 working days before the first part of the competition Art 34 If the number of candidates for a job that met the legal conditions for competition is less than or equal to 5 all candidates shall be invited by the institution of higher education to defend the assignments If the number of candidates for a job that met the legal conditions of competition is greater than 5 the contest board may preselect based on the application files and according to their methodology at least 5 candidates to sit for the contest Art 35 The contest board evaluates each candidate in terms of the following a) the relevance and impact of the scientific results of the candidate b) the candidates ability to guide students and young researchers

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

9

c) the candidates teaching skills d) the applicants ability to transfer knowledge and results to the economic or social or publicize their scientific results e) the candidates ability to work in teams and efficiency of its scientific collaborations f) the candidates ability to conduct research and development projects g) the applicants professional experience in other institutions than the institution which set out the post for competition especially the experience in higher education and research institutions from the list approved by the Ministry of Education Youth and Sports issued under Art 216 paragraph 2 item f of the Law of National Education 12011 Art 36 The contest board shall evaluate the candidates professional competence exclusively by one or more competition tests (specific to the teaching position) including lectures classes and the like For all posts at least one contest is represented by a public lecture of at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This sample contains necessarily a session of questions from the committee and the public The higher education institution shall announce on the website the contest date time and place of this trial Art 37 (1) Establishing the composition of the contest board is done after publication of the notice to put out for contest each open position and is made by the department whose teaching position belongs to (2) The composition of the contest board can include alternates (3) The Council department whose structure contains the specific position makes proposals for the composition of the contest board (4) The composition of the contest board is approved by the Dean of Faculty based on the proposals set out in para (3) and is approved by the faculty council (5) The nominal composition of the contest board along with the approval of the faculty is submitted for approval to the University Senate (6) Following the approval of the senate the contest board is appointed by decision of the Rector (7) Within 48 hours of the decision of the Rectors decision this is sent to the Ministry of Education Youth and Sports and published on the competition website For the positions of associate professor and professor the composition of the contest board is published in the Official Gazette Art 38 (1) The contest consists of 5 members including its president specialists in the specific position field or in related fields (2) In case of unavailability for participation of one member from the Committee that member shall be replaced by alternates appointed by the same procedure as the contest board members (3) The decisions of the contest board are taken by secret ballot of the members A decision of the Board shall be valid if it had the vote of at least three members of the board (4) The activity of the contest board is run by a president

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

10

(5) The members of the contest board are from Constanta Maritime University or an institution from the country or abroad (6) For the filling of the position of associate professor or professor at least three contest board members must be from outside the institution that organizes the contest from the country or abroad (7) For the filling of the position of professor except for positions with a Romanian specificity at least one member has an employment contract at the date of publication in the official gazette of setting out the specific position for contest with an educational institution foreign education and research which is included in the list approved by the Minister of Education Youth and Sports issued under Art 216 paragraph 2 item f of the Law of National Education 12011 upon proposal of CNATDCU and CNCS (8) Members of the competition must have a superior teaching degree or at least equal to that of the vacant position (9) For the exclusive purpose of participation in the contest board the equivalence of the teaching degrees for foreign members with teaching degrees in the country is done by the university senate upon approval of the composition of the contest board (10) The president of the contest is the Dean of Faculty according to its own methodology Art 39 (1) The contest takes place in no more than 45 days after the end of the registration period (2) The contest is to assess scientific work and teaching qualities of the candidates (3) For each position the contest board decides on the hierarchy of candidates and nominates the candidate who obtains the best results (4) The President of the contest board shall report on the contest based on the appraisal reports prepared by each member of the board respecting the hierarchy of candidates decided upon by the board (5) The contest report is approved by decision of the contest board members and signed by each member of the board and the chairman (6) the Faculty Council examines the procedures established by the methodology of the institutions of higher education and grant or deny approval on contest report The hierarchy determined for candidates by the contest board cannot be changed by the faculty council (7) The university senate examines the procedures established by the methodology of the institutions of higher education and approves or denies the contest report The hierarchy of candidates determined by the contest board cannot be changed by the university senate Art 40 (1) The University Senate approves the contest result and the appointment shall be granted by decision of the Rector starting the next semester (2) The decision to appoint and award the academic degree by Constanta Maritime University along with the contest report are to be sent to the Ministry of Education Youth and Sports and CNATDCU within 48 hours of the appointment decision Art 41 If the open position was not filled the contest can be resumed in the next semester with full retake of the competition procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

11

Art 42 The result of the contest will be published on the competition website within 2 working days of the completion of the contest Art 43 Each year no later than September 1 the University prepares an annual report on the organization conduct and completion of contests for teaching positions The report is sent to the Ministry of Education Youth and Sports and CNATDCU

SUBCHAPTER II4

THE CONTEST BOARDS AND CONTEST ORGANIZATION Art 44 The composition of contest boards is proposed by the department council endorsed by the Faculty Council and approved by CMU Senate Decisions to appoint contest boards are compiled by the Deanrsquos Office for the posts of junior lecturer Senior Lecturer Lecturer respectively and by the Rector for the post of associate professor and professor Art 45 (1) The competition takes place within 30 days of the conclusion of the registration period (2) Completion of contest at the level of CMU is mandatory within 45 days from the submission of the contest board report and is operational in assigning successful candidates the basic teaching quota in CMU Art 46 For the post of JUNIOR LECTURER the following requirements are to be met cumulatively a) holding a PhD degree b) at least 5 papers (articles studies) published (author co-author) in journals or in proceedings of conferences with ISBN c) performing a lab class seminar in the presence of contest board members at a scheduled group This part of the contest contains necessarily one session of questions from the committee and the public The university website shall announce the contest date time and place of that trial d) achievement of the minimum score in the Annex of professional assessment Art 47 For a position of SENIOR LECTURER LECTURER candidates must meet the following cumulative conditions a) holding a PhD degree b) certificate of competency (or equivalent) for specific professional disciplines c) more than 10 papers published (author or co-author) in journals or in volumes of scientific conferences wih ISBN d) teaching one course seminar as scheduled in the timetable e) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the board and the public The university shall announce on the website the contest date time and place of that trial f) achieve the minimum score in the Annex of professional assessment

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

12

Art 48 For the position of ASSOCIATE PROFESSOR the following conditions are required cumulatively a) holding a PhD in the job profile b) at least 20 publications (10 as first author) of which at least 2 papers in specialized journals of international circulation (ISI standard) or indexed in an international database-specific to the field c) treaties monographs and books of expertise as sole author published at a CNCSIS publisher with ISBN d) 1 research contract awarded by competition as Project Manager e) the entire scientific activity should meet the specific criteria to the majors graduated set by the Council of National Titles Diplomas and Certificates (CNATDCU) f) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university shall announce on the website the contest date time and place of that trial g) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Senior Lecturer h) achievement of minimum performance indicators in the Annex of professional assessment Art 49 For the position of PROFESSOR the following conditions are required a) holding a PhD in the job profile b) holding a certificate of entitlement c) 2 grants research contracts obtained through competition one of which international and the candidate should have the quality of director in at least one d) have at least three books and three university courses as sole author or first author published in the domain of expertise for the candidate (the publishers recognized by CNCSIS) out of which at least one book and an academic course after the latest promotion e) at least 25 publications (15 as first author) f) all scientific activity to meet the criteria established by CNATDCU g) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university website shall announce the contest date time and place of that trial h) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Associate Professor i) achieve the minimum score in the Annex of professional assessment Art 50 The contest board for the position of associate professor or professor is composed of the Dean as president 4 members of CMU Senate The contest board is made up of lecturers and professors for the position of associate professor ie only of professors for the position of professor

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

13

SUBCHAPTER II5

COMPLETION OF CONTESTS FOR FILLING TEACHING POSITIONS Art 51 The application files including reports of the examination shall be submitted to the Dean of the faculty who is in charge of debating their result as well as presenting the file and the conclusions of the contest board to the Faculty Council CMU Senate UMC the Dean ensures necessary conditions for consultation of contest materials by members of the Faculty Council Art 52 In the Faculty Council meeting the Dean or the chairman of the contest board presents the summative report (briefing) of the contest board and nominate the candidate with the best performance The Faculty Council validates the competition results by open ballot The contest validation requires the presence of two thirds of the members of the Faculty Council Art 53 Based on the decision of the Faculty Council the Dean shall prepare a statement of the minutes of the meeting of the Faculty Council and attach a copy of the convening notice of the meeting (with the signatures of everybody present) These documents are added to the file of each candidate and submitted to CMU Administrative board within the time prescribed by the latter Art 54 (1) If the Teaching Council rejected the proposal of contest board to declare a candidate as successful the dean shall notify CMU Administrative Board within 24 hours forwarding the application files (2) After consultation with the Dean CMU Administrative Board may decide to use two acknowledged specialists by the university or beyond asking them to evaluate the file At the request of the persons concerned their identity can remain confidential in which case CMU Administrative Board assumes personal responsibility for the authenticity of their conclusions (3) CMU Administrative Board shall consider the legality of the procedure for both competition and candidate performance and presents further evaluation findings when applying this procedure (4) If following the review The Administrative Board considers that the decision of the Faculty Council is thorough and lawful it becomes final and no longer submit the file to CMU Senate If the Board has doubts as to the legality or validity of the Teaching Council decision it shall submit the file to CMU Senate with a reasoned proposal (5) In no case shall the Teaching Council or the Administrative Board declare successful a different candidate than the one proposed by the Contest Board Art 55 (1) The decision of the Faculty Council shall be presented by the Dean and forwarded for validation by the Rector to CMU Senate which verifies the compliance with the competition criteria and procedure and is declared as such by open ballot Decisions are taken by a majority of votes of present members if their number is at least 23 of the total membership

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

14

(2) The faculties are free to introduce their own regulations and other criteria for assessing the educational and scientific activities of the candidates including the opinions of students who have benefited from the teaching performance of a candidate Art 56 The appointment as Junior Lecturer Senior Lecturer Lecturer is made by Rectorrsquos decision from the first day of the semester following the confirmation of the contest by CMU Senate Art 57 Appointment to the position of associate professor professor respectively is made by Rectorrsquos decision based on the Order of the Ministry of Eduaction Research Youth and Sports from the first day of the month following the contest validation by the committee of the Ministry of Education Research Youth and Sports (CNATDCU)

SUBCHAPTER II6

FILLING VACANT POSITIONS BY ASSOCIATE TEACHING STAFF Art 58 (1) The teaching and research staff retire at the age of 65 (2) In higher education it is prohibited the employment of any management or administrative positions at all levels of the university after retirement Mandates of personnel holding management or administration positions at all levels of the university lawfully ceases for the persons who have reached retirement age Exceptions to these rules are members of the administrative board of private universities (3) The University Senate of the state private and denominational universities based on professional performance and the financial situation may decide to continue the activity of a teacher or research specialist after retirement based on a fixed term contract for one year with possibility of extension in compliance with the University Charter with no age limit The University Senate may decide to confer the honorary professor emeritus title for excellence in teaching and research to teachers who have reached the retirement age Retired teachers can be paid on an hourly system Art 59 (1) Teachers and research specialists supervising doctorates retire at the age of 65 and a) can lead PhDs in progress at the time of retirement until the age of 70 years b) after the age of 65 can supervise in PhD students only under the joint supervision with a teacher or a research specialist who reaches the age of retirement during the entire PhD program of studies respectively (2) retired teachers can carry out teaching paid by the hour after the standard retirement age (3) vacant teaching positions or temporary vacancies are covered with priority by permanent teachers of the institution or hourly-paid associate teaching staff according to the Law 1 of 5 January 2011 (4) Employment of scientific experts whose value has been recognized in the field by inventions innovations awards scientific publications in the country or abroad as

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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15

guest professors or associate professors is approved by the department council and approved by the faculty council Art 60 (1) Filling of vacant teaching positions by the associate teaching staff can be for a period of time determined in accordance with Law no 1 of 5 January 2011 from CMU Charter the selection of files organized in the department in compliance with legislation (2) The proposal of associated teaching staff is made by the head of department The Department decision is subject for approval to the Faculty Council Proposals of associated teachers can be made during the semester or the academic year (3) The file for the temporary filling of a vacant teaching position with associated teachers will include a) the applicants request b) Curriculum vitae and list of scientific papers c) List of teaching and scientific works d) Copy of BS MD PhD degree e) Affidavit stating that the respective person is teaching or doing research activities in other universities (4) The Dean of the Faculty shall forward to CMU Senate the file of the associate teacher accompanied by the approval of the Faculty Council Art 61 (1) Vacancies to be filled with associate teachers shall be disclosed at least 30 days before the beginning of the semester by display at the department and published on the university website (2) Temporary employment of associate teachers shall be made by decision of the Rector and the salaries are based on the position held The decision shall specify the period of employment Art 62 (1) Coverage of vacant teaching positions in an hourly system can be done with own teaching staff or associate teaching staff outside CMU Candidates nominated by departments with the approval of the Faculty Council shall meet the requirements of this Regulation on the position in question (2) Associate teaching staff must enroll their scientific results obtained during their activity at UMC in its record

Art 63 The models and pre-defined criteria that are prepared in connection with the filling of teaching positions are shown in the annexes of the Internal Regulation and constitute part of this Regulation

B FOR CONTRACT EMPLOYEES (Order of the Ministry of Education Research Youth and Sports MECTS nr 442215062011)

Art 64 (1) Promotion ensures career development of employed personnel by passing to a higher degree professional rank top level

(2) Promotion of employees with individual employment contract by professional degrees or stages is usually made on a vacant position

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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16

(3) Where there is no vacant position promotion by professional degrees or stages is achieved by transforming the position that a person is qualified for a level immediately above

(4) Promotion by professional degrees or stages of contractual staff in the public sector is made by examination ie competition for vacant positions Art 65 Transformation of occupied positions with a view to promotion for the positions higher education institutions shall be approved by the university senate

Art 66 - (1) The exam or contest to promote by professional degrees or stages for contractual staff consists of a written test and a practical test as appropriate and interview set by the examination board

(2) The practical exam replaces the written test for functions that you need to check practical skills for

(3) To participate in the examination or examination for promotion by professional degrees or stages the candidate must have obtained a very good individual performance appraisal at least twice in the last 3 years

(4) The position of junior employed staff the promotion examination is held usually within 5 days of the end of their debut under the law

Art 67 - (1) The examination board shall consist of three members two members of the institution or public authority and a member of the union or if appropriate a representative of employees with experience and knowledge in the position for which promotion is made

(2) The examination designated by administrative action by the authorizing officer will evaluate the candidate in the promotion examination according to the following criteria

a) theoretical knowledge required for the position assessed

b) behavior in crisis situations

c) communication skills

d) the ability of synthesis

(3) The criteria set out in para (2) a) shall be based on a written test of the the employees field of expertise and certifying the degree of accumulation of professional experience in the field The written test can be sat for as a multiple-choice test

(4) The criteria set out in para (2) b) - d) are evaluated in the interview

(5) The examination board may establish other specific evaluation criteria that will be assessed during the interview such as

a) complexity initiative creativity and diversity of activities

b) judgment and the impact of decisions

c) influence coordination and supervision Art 68 - (1) In the examination or promotion contest each of the two tests or the

written or practical test as appropriate including the interview shall be marked with a maximum score of 100 points

(2) The members of the examination award individual scores for each of the two tests referred to in para (1) recorded in the scoring sheet

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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17

(3) The final score of each of the two tests is calculated as the arithmetic average of the scores under par (2)

Art 69 - (1) contest or promotion exam score is calculated as the arithmetic average of the scores obtained in each of the final two tests written or practical as appropriate and interview

(2) The minimum passing score is 50 points Art 70 - (1) After the results obtained dissatisfied candidates may appeal within 48 hours of notification (2) Settlement of complaints and the results thereof shall be made within one working day after the deadline for submission of appeals

Art 71 - (1) For the settlement of appeals by an administrative officer

committee for solving complaints is made up consisting of 3 members (2) Membership in the examination is incompatible with membership of the

committee responsible for review (3) The members of the committee responsible for review must have experience

and knowledge in the position for which promotion is made Art 72 - (1) In the event that the person cannot obtain the minimum score

heshe can sit for a new promotion or competition exam in maximum 3 months (2) Until passing the exam or contest the person remains assigned to the

previously held professional degree stage

Art 73 Following the promotion the employee job description shall be completed with new responsibilties pertaining to the job

CHAPTER III

Rules regarding the respect of the principle of non-discrimination and dismissal of any form of dignity infringement

Art 74 Within the University in labor relations the working principle is that of equal treatment of all employees and the principle of non-discrimination and equal opportunities between women and men are respected Labor relations are based on the consensus principle and good faith Art 75 Any employee who performs work in the university benefits from respect of dignity and conscience without any discrimination Art 76 (1) Any direct or indirect discrimination of employees based on gender sexual orientation genetic features age nationality race color ethnicity religion political opinion social origin disability marital status or responsibility membership or activity in unions is forbidden

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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18

(2) The actions considered being direct discrimination acts and acts of exclusion distinction restriction or preference based on one or more of the criteria set out in para (1) which have the purpose or result in denial restriction or exclusion recognition enjoyment or exercise of employees rights The actions and deeds or acts apparently based on criteria other than the above but have any direct discriminatory consequences are considered to be direct discrimination

Art 77 Employees will be given the right to equal pay for equal work the right to individual and collective bargaining the right to protection from disclosure of personal information the right to protection against unlawful dismissal Art 78 (1) It is forbidden to ask a job candidate to perform present a pregnancy test or to sign a pledge that she will not get pregnant which would bear on the validity of the individual employment contract (2) The provisions of par (1) shall not apply in the case of prohibited jobs for pregnant and or breastfeeding women due to working conditions

Art 79 It is forbidden that decisions related to a person be affected by the acceptance or rejection of the conduct of a person related to harassment or sexual harassment thereof Art 80 It shall be considered as sex-based discrimination the conduct defined as harassment or sexual harassment aimed at a) creating an intimidating hostile workplace atmosphere or daunting for the person b) negative influence of the employee situation regarding promotion remuneration or income of any kind or access to training education and professional development if heshe refuses to accept unwanted behavior - verbal nonverbal or physical ndash related to sexual life Art 81 The refusal to employ a person who does not meet the job requirements and standards as long as it is not discriminatory act shall not constitute a breach of this Regulation Art 82 Any conduct nationalist character - jingoistic incitement to racial or national hatred or any behavior aimed at achieving dignity or creating an atmosphere hostile degrading humiliating or offensive directed against a person or group people shall be considered a violation of this regulation Art 83 Measures to promote equal opportunities between women and men and to eliminate direct and indirect discrimination on grounds of sex are in accordance with Law no 2022002 - reissued - on equality between women and men Art 84 The violation of the rules on non-discrimination and the removal of all forms of violation of dignity constitute misconduct

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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19

CHAPTER IV

Managing working and leave time Art 85 (1) The duration of working time of each full-time employee is 8 hours per day and 40 hours per week for auxiliary and contract staff and is performed 5 days working week (2) The work expanded to more than 48 hours week annual average will be subject only to the law and the applicable collective labor contract (3) The program is set for Monday through Friday between 730-1530 with a lunch break of 15 minutes which is included in the length of the working day (4) for the teaching staff the organization of working time complies with the provisions of Law no 12011 ndash the Law of Education ndash reissued and the provisions of the Collective Labor Agreement at the university level on the teaching quota and on the distribution of working hours in the week (5) The management of the university has the right within the limits imposed by legislation and procedures to alter schedule as required Art 86 Overtime work can be done in the cases and conditions provided by law the applicable collective labor contract and with prior approval of the CMU managing structures Art 87 (1) At the beginning and end of working hours each employee regardless of the position heshe holds except teaching staff shall sign the attendance register indicating time of arrival and departure time which will be checked regularly by the Human Resources Office (2) The attendance register will note delays and gaps in the program specifying whether or not they are justified (3) If the delay or absence was due to unforeseen circumstances or reasons beyond the control of the employee (illness accident etc) The employee is required to inform the following two days the head compartment he she is part of Art 88 The situation of this work attendance is prepared by the staff with responsibilities in this regard is supervised by the head of department or his deputy who has delegation of competence for this activity and transmitted to the Human Resources Office no later than the 3rd of the month following expiry month After submission to the Human Resources Office this situation can be changed only with the written and motivated approval of the chief who endorsed it Registrations of false information in the register is a serious offense and will be penalized according to the provisions of this Regulation Art 89 The university management may grant by law leave without pay at the motivated request of interested employees

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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20

Art 90 Programming the leaves is made at the end of each year for the next year Proposals of programming leaves are made by the management of each department and approved by the university management The order and physical performance of the leaves will be fixed by installments throughout the year taking into account the proper conduct of activity and the interests of employees Art 91 Employees are entitled to sick leave according to the law Sick leave shall be submitted to the Human Resources Office within 3 days of release the signed acknowledgment on white copy (back) of the chief Art 92 The Human Resources Office will keep track of delays consent sick leave study leave without pay and holidays Art 93 Entering the university premises for persons who are not employees of the institution shall be handled by each department involved in solving their problems Art 94 The management of each department will hold daily control at the end of the program the way in which employees meet their obligations in terms of closing windows locking offices cupboards and filing cabinets and turning off lights etc Art 95 The provisions of this Regulation on the organization of work and rest is filled according to the collective labor agreement applicable to CMU and according to the specific legislation

CHAPTER V

Rights and obligations of university and university employees

1 Rights and obligations of University Management

Art 96 The university management has a duty to take all measures to ensure appropriate work conditions for the institution Art 97 The university management shall ensure proper organization of the whole activity in order to provide efficient management of cash funds and materials to this effect it sets abiding by the law rules of labor discipline obligations of employees and their liability in case of breach of work duties Art 98 The institution management of the mainly have the following rights a) establishing the organization and functioning of the unit b) establish appropriate tasks for each employee and department according to the law c) give instructions binding the employee on their legality d) exercise control over the performance of duties e) to assess the disciplinary offenses and apply appropriate sanctions according to the law the collective labor agreement and the applicable rules of procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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21

f) establish the organizational structure of institutions and organizational structures fields Art 99 The Institution Management of the have the following obligations a) ensure rational use of labor force maintaining the number of employees to carry out their duties strictly required b) aims to raise the professional qualification of employees their promotion in relation to the preparation of the results obtained from annual evaluations and requirements and or needs for the proper functioning of the institution c) examines critical comments suggestions and proposals for action made by employees of the institution d) organizes working time in specific reports as required in order to ensure the functionality and compliance with legal duration of working time and rest e) ensures compliance with legal regulations on working time and rest as well as any other legal rights for employees f) pays all contributions and taxes in their jurisdiction and retains and pays contributions and taxes payable by employees according to the law g) informs employees of the work conditions and on issues related to employment relationships h) provides permanent technical and organizational conditions considered in developing appropriate labor standards and working conditions i) all rights granted to employees under the law the applicable collective agreement and individual employment contracts j) shall regularly convey to employees the economic and financial situation of the unit k) shall consult with the union or where appropriate with representatives of employees on decisions likely to substantially affect their rights and interests l) establishes the general register of employees as required by law and operates entries provided by law m) shall upon request issue all documents evidencing the status of employee for the applicant n) ensures confidentiality of personal data of employees a) prevents and sanctions by law any form of discrimination p) assesses the disciplinary offenses and imposes sanctions under the law in force the collective labor agreement and the internal regulation

2 Rights and obligations of employees

Art 100 University employees have under the Labour Code the following rights a) the right to remuneration for their work b) the right to meal breaks daily and weekly rest c) The right to public holidays and annual leave d) the right to dignity at work e) The right to equal opportunities and treatment f) the right to safety and health at work g) the right of access to training h) the right to information and consultation

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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22

i) the right to take part in the determination and improvement of working conditions and working environment j) the right to protection in cases of dismissal k) The right to bargain collectively and individually l) the right to participate in legal collective activities m) the right to form or join a union

Art 101 University employees must comply with all their obligations under the law the applicable collective labor agreement and the rules of conduct the individual labor contracts including the job description and internal rules Mainly University employees have the following obligations a) comply strictly with their functions in the job description and the tasks assigned hierarchically with accountability competence efficiency fairness and conscientiousness b) to comply with the order and discipline at the workplace c) to comply with schedule and make effective use of working time d) be familiar with the tasks that have to be executed e) to acquire professional knowledge of duties attend training courses or courses organized for this purpose f) to comply with security measures and occupational health in school work safety regulations and fire prevention or any other situation that could endanger the life and physical integrity personal health or that of other persons buildings etc g) to comply with access rules in the institution to take steps to remove any person if their presence could cause a safety hazard or hinder the normal operation of the institution h) in cases of force majeure are obliged to know participate and ensure the civilian protection measures i) to be present for work in proper condition to fulfill their duties in good conditions j) notify the chief supervisor as soon as they became aware of irregularities misconduct hardship or deprivation k) to know and comply with the internal regulations in the applicable collective labor contract and the individual labor contract l) employees are required to effectively use working time and facilities to solve duties pertaining to their position m) to maintain cleanliness in the workplace and in all places of common use n) to secure official documents at the end of working hours After working hours it is forbidden to leave appliances plugged in except computer and tactical equipment (fax servers communications etc) and lighting installations a) not to leave unattended during working hours machinery and equipment in operation p) be faithful to the university of their duties q) to observe secrecy r) hold patrimonial liability under the rules and contractual liability for material damages bore to the University of their own guilt or as a consequence of their work s) comply with the principles of impartiality and non-discrimination

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

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24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

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900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

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900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

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900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

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900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

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33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 2: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

2

CHAPTER I

General Provisions Art1 This internal regulation lays down provisions relating to labor discipline and the procedures and requirements of general application which regulate the activity within Constanta Maritime University Art2 The basis for the compilation of this Regulation is Law no 532003- Labour Code - republished with subsequent amendments the collective labor contract for the Higher Education Sector Collective Labour Agreement in Constanta Maritime University Law 12011 ndash the Law of National Education Law no 4772004 the Code of Conduct of contractual staff of public authorities and institutions Law no 3192006 on labour safety and health with subsequent amendments and completions and other provisions contained in the current legislation Art3 The staff of the Maritime University shall strictly comply with the general and permanent rules of conduct and discipline established according to the provisions of this internal Regulation Art4 This internal regulation applies to all University employees irrespective of the nature of the labor contract (determined undetermined) duration of employment (full time or part time) hierarchical position as well as to persons working as delegated or detached throughout the performance of the labor contract Art5 (1) The employer shall provide employees with the necessary information concerning the provisions of the Internal Regulation (2) The Internal Regulation shall be effective to the employees at the time of their having been briefed about (3) The briefing of employees on the contents of the internal regulation will be done by the direct supervisor of each employee by record in a report based on the employee signature (4) This Regulation shall be reviewed periodically in line with the legislative changes related to the employer or work processes (5) Given the dynamic nature of the evolution of the institution it is possible that some provisions of this Regulation be amended before reviewing it In this case the Senate decisions or resolutions or of the Senate Bureau shall become binding and they shall be considered an Annex to the present Regulation Art6 (1) The provisions of this Regulation may be completed internally by internal rules of service general or specific rules in the conduct of employees of the institution to the extent that they are needed (2) The special circumstances or for some employees of Constanta Maritime University or for specific modalities or procedures for implementing this Regulation shall be subject to rules regulations plans and internal work decisions Art7 This Regulation contains rules relating to 1Respecting the principle of non-discrimination and all forms of violation of dignity 2 Labour organisation employees rights and duties 3The procedure to handle requests or complaints of individual employees 4 Labour discipline and disciplinary procedure and patrimonial liability 5Labour safety hygiene and security

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

3

6The circuit of papers and documents about the institution 7Inforcement modalities of legal or other specific contractual provisions

CHAPTER II

REGULATION regarding the filling of teaching positions in

Constanta Maritime University A For the teaching staff

SUBCHAPTER II1

GENERAL PROVISIONS Art 8 In Constanta Maritime University (CMU) teaching positions are filled by competition in accordance with the applicable law the University Charter and the Decision of the University Senate The contest is public and is governed by this Regulation Art 9 Candidates for a teaching position must have the specialization (attested by a degree recognized by the Ministry of Education Youth and Sports) consistent with the structure of the job the candidates sit for Art 10 The competition for a teaching or research position can be taken by Romanian or foreign citizens without any discrimination under the law The competition methodology cannot contain discriminatory provisions on candidates based on gender ethnic or social origin religion or belief disabilities political social or economic condition Art 11 The competition methodology does not refer to seniority and does not contain provisions meant to disadvantage candidates from outside the institution Art 12 The description of the vacant position shall be made in comprehensive terms that correspond to the real needs of the university and shall not be limited artificially to the number of potential candidates

SUBCHAPTER II2

SETUP AND DISPLAY TEACHING POSITIONS

Art 13 In accordance with the law in force teaching and research positions may be displayed for competition at least for the following a) Junior Lecturer (indefinite labour contract) b) Senior Lecturer c) Associate Professor d) Professor

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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4

e) Research assistant for an indefinite period f) Senior Researcher III g) Senior Researcher II h) Senior Researcher I Art 14 Constanta Maritime University can organize a competition for a teaching position only if this is declared vacant Art 15 A position is considered vacant if so provided in the employment list of the department drawn annually or being declared vacant during the academic year Art 16 A position becomes vacant in one of the following ways a) termination of employment by retirement death resignation dismissal or otherwise termination of employment according to law b) transferring the person occupying another position within the same institution of higher education as a result of winning a contest (4) The teaching and research positions cannot be displayed for competition by transformation Art 17 The departments with a vacancy rate of over 70 can not set out teaching positions for contest Art 18 The proposal for setting out a teaching position is formulated by the management department in conjunction with the desiderate inscribed in the institution strategic plan and financial resources scheme Art 19 Upon approval of the Teaching staff Council The Dean addresses to the University Senate the contest application for the post or posts in question Art 20 The public announcement of the contest is to be made with at least 2 months before the deadline for registration of candidates Notices shall be published at least the following ways a) on the first page of the website of the higher education institution b) on a specialized website administered by the Ministry of Education Youth and Sports c) in the Official Gazette Art 21 Constanta Maritime University and the Ministry of Education Youth and Sports may make the competitions public by additional means including publication in the media national and international scientific publications on websites specializing in the publication of job offers and more of the sort Art 22 The website of the contest Constanta Maritime University shall publish the following information a) description of the vacant position b) tasks activities pertaining to the vacant position including teaching quota and types of activities included in the teaching research quota respectively c) a minimum wage job classification at the time of employment d) the competition calendar e) evidence of the contest theme including lectures courses or subjects or out of which the contest board can choose the actual subjects to be defended f) description of the competition procedure g) list of documents that applicants must include in their application files h) the address where the competition file is to be sent i) notices relating to positions of associate professor and professor will be published in English

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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5

Art 23 The websites of the competition managed by Constanta Maritime University or by the Ministry of Education Youth and Sports respectively shall publish at the latest within 5 working days from the deadline for entering the contest for each of the candidates and with the protection of personal data within the boundaries of the law as follows a) curriculum vitae b) statement verifying the fulfillment of minimum standards c) the nominal composition of the contest board Art 24 (1) Persons who are spouses in-laws and relatives in the third degree including one or more candidates may not directly or through intermediaries a) participate in the decision on the appointment of the competition board b) be members or alternate members of the competition c) be engaged in professional or administrative assessment decisions in the contest d) be involved in resolving complaints (2) The following persons cannot be involved in the process of competition a) employees of the same institution as a candidate who holds a management position and are hierarchically subordinate to this candidate b) persons who are in a direct contractual relationship with one or more candidates or by companies in which they hold shares c) persons who are or have been involved in joint research grants with one or more candidates Art 25 If case there be that after a candidate winning a contest one or more persons from the higher education institution are to be found in a situation of incompatibility under art Article 295 (4) of the Law of National Education no 12011 the appointment and granting of the university title by the higher education institution may take place only after solving the situation the incompatibilities The Ministry of Education Youth and Sports shall be notified on the manner to resolve the situation of incompatibility within 2 working days since filing the complaint Art 26 (1) Constanta Maritime University organizes competition for a teaching position only with the approval of the Ministry of Education Youth and Sports (2) Constanta Maritime University will submit to MECTS the demand for approval together with the following documents a) list of proposed positions and their structure signed and stamped by the rector of the higher education institution b) the extract from the employment list with the vacancies signed by the rector the dean and the head of department or the head of the doctoral school c) affidavit of the rector of the higher education institution stating that all vacancies proposed to be set out comply with the structure of specialized curricula study programs established for legal studies including the form of education and location d) the methodology of the competition (3) Request for approval from the Ministry of Education Youth and Sports is made compulsory within 30 calendar days from the beginning of each academic semester (4) the procedure for granting approval to set out for competition teaching positions the Ministry of Education Research Youth and Sports verifies the structure and teaching loads in relation to the legal provisions in force (5) Notices of Vacancies shall be made only for the positions that have received a favorable opinion from the Ministry of Education Youth and Sports

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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6

(6) Positions not approved by the Ministry of Education Youth and Sports shall not be set out for competition (7) The proposal for organizing the contest for a vacancy shall be made by the Head of the specific structure by report endorsed by the council of the department and the faculty council The list of suggested positions to be filled by competition is approved by the dean and forwarded to CMU board which forwards them to the Senate Based on this analysis the Senate prepares the draft resolution where the positions shall be individualized with a favorable set out mark for competition The draft decision will also mention the applications which have not received the favorable opinion of the Senate and the grounds for refusal Senators shall be distributed the draft resolution in print prior to the meeting Constanta Maritime University Senate shall decide upon the draft resolution by open ballot

SUBCHAPTER II3

CONDITIONS FOR SIGNING UP IN THE COMPETITION FOR FILLING A TEACHING POSITION

Art 27 (1) The conditions for entering the competition for teaching positions are (11) For the position of junior lecturer the following are required cumulatively a) holding the PhD Degree b) performance standards vacancy lecturer teaching indefinitely specific function provided by its own methodology (12) For the position of senior lecturer lecturer are required cumulatively a) holding the PhD degree b) compliance with national minimum standards for filling teaching positions specific to the teaching position of senior lecturer lecturer approved by the Minister of Education Youth and Sports under art 219 paragraph (1) of the Law of National Education Law 12011 c) compliance with the minimum standards for employment on teaching positions specific to the position of senior lecturer lecturer under their own methodology (13) For the position of associate professor the following are required cumulatively a) holding the PhD degree b) compliance with national minimum standards for filling teaching positions specific to the teaching of associate professor approved by the Minister of Education Youth and Sports under art 219 paragraph (1) National Education Law Law 12011 c) compliance with the minimum standards of teaching vacancy specific teaching position of associate professor under their own methodology (14) For the position of professor the following are required cumulatively a) holding the PhD degree b) holding the certificate of entitlement c) compliance with national minimum standards for filling teaching positions specific to the position of professor approved by the Minister of Education Youth and Sports under art 219 paragraph (1) of the Law of National Education Law 12011

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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7

d) completion of minimum employment standards of teaching positions specific to the position of professor under their own methodology Art 28 For the enrollment in the contest for a teaching position the candidate shall prepare a file containing the following documents a) the application for the contest signed by the candidate accompanied by a sworn statement about the veracity of the information presented in the file b) a proposal for the development of academic career both in terms of teaching as well as in terms of scientific research proposal written by the candidate should hold a maximum of 10 pages and is one of the main criteria for the candidates c) curriculum vitae of the candidate in writing form electronically d) list of candidate scientific papers written electronic e) statement verifying the fulfillment of standards in the contest and or post employment f) documents related to the PhDdegree a certified copy of the PhDdegree and if the original PhDdegree is not recognized in Romania a certificate of recognition or equivalence thereof g) summary in Romanian and English of the t PhD thesis or where appropriate habilitation thesis on one page maximum h) affidavit of the applicant that there is no incompatibility with the Law 12011 the Law of National Education and the government decision i) if the contest is for the post of professor a certified copy of certificate of entitlement is required j) copies of other certificates attesting to the applicants studies k) a copy of the identity card l) If the candidate has changed hisher name copies of documents evidencing the change of name - marriage certificate or proof of name change m) more than 10 publications patents or other scientific work of the candidate in electronic format selected and deemed to be most relevant to their professional achievements n) If one or more publications are available in electronic format the applicant shall submit the file a copy of the book monograph whose author heshe is the conference site where work was defended ISSN Proceeding etc Art 29 The Curriculum vitae of the candidate should include a) information about studies and diplomasdegrees obtained b) information about work experience and jobs c) information about research and development projects that heshe led as project manager and grants obtained if there are such projects or grants indicating for each source of funding amount of funding and main publications and patents resulted thereby d) information about the awards or other recognition of the scientific contributions of the candidate Art 30 The List of scientific papers of the applicant will be structured as follows a) the list of scientific papers out of which in excerpt the list of more than 10 works considered to be the most relevant candidate for professional achievements which are

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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8

included in the file electronically and can be found in other categories of works under this article For the post of professor there will be specified only the list of scientific papers carried out after obtaining the certificate of entitlement b) PhD thesis or theses c) Patents and other intellectual and industrial property titles d) books and chapters in books e) articles studies in full published in the main international scientific journals publications in full the principal scientific papers published in international scientific conferences f) other papers and scientific contributions or where appropriate of artistic creation Art 31 Candidates for the position of associate professor must include in the file at least 3 names and contact addresses of personalities in this field in the country or abroad outside the higher education institution whose post is put up which accepted to write letters of recommendation regarding the applicants professional qualities The candidates for the position of professor must include in the file at least 3 names and contact addresses of personalities in the respective field from foreign institutions of higher education and research in the list approved by the Ministry of Education Youth and Sports developed according to art 216 paragraph 2 item f of the Law of National Education 12011 The domains-specific credentials for candidates for the position of professor may come from some personalities in this field from Romania outside the higher education institution whose post is put up or competition Art 32 The application file is set up by the candidate and submitted to Constanta Maritime University 104 Mircea cel Batran Street specified on the Contest website or through postal or courier services for the confirmation of receipt The application file is sent to the members of the contest board starting from the closing date for application process of competition no later than 5 working days before the first part of the competition Art 33 The Legal Department of Constanta Maritime University will certify that the candidate fulfills the legal requirements by written approval The opinion will be communicated to the candidate within 48 hours of the issuance to but no less than 5 working days before the first part of the competition Art 34 If the number of candidates for a job that met the legal conditions for competition is less than or equal to 5 all candidates shall be invited by the institution of higher education to defend the assignments If the number of candidates for a job that met the legal conditions of competition is greater than 5 the contest board may preselect based on the application files and according to their methodology at least 5 candidates to sit for the contest Art 35 The contest board evaluates each candidate in terms of the following a) the relevance and impact of the scientific results of the candidate b) the candidates ability to guide students and young researchers

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c) the candidates teaching skills d) the applicants ability to transfer knowledge and results to the economic or social or publicize their scientific results e) the candidates ability to work in teams and efficiency of its scientific collaborations f) the candidates ability to conduct research and development projects g) the applicants professional experience in other institutions than the institution which set out the post for competition especially the experience in higher education and research institutions from the list approved by the Ministry of Education Youth and Sports issued under Art 216 paragraph 2 item f of the Law of National Education 12011 Art 36 The contest board shall evaluate the candidates professional competence exclusively by one or more competition tests (specific to the teaching position) including lectures classes and the like For all posts at least one contest is represented by a public lecture of at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This sample contains necessarily a session of questions from the committee and the public The higher education institution shall announce on the website the contest date time and place of this trial Art 37 (1) Establishing the composition of the contest board is done after publication of the notice to put out for contest each open position and is made by the department whose teaching position belongs to (2) The composition of the contest board can include alternates (3) The Council department whose structure contains the specific position makes proposals for the composition of the contest board (4) The composition of the contest board is approved by the Dean of Faculty based on the proposals set out in para (3) and is approved by the faculty council (5) The nominal composition of the contest board along with the approval of the faculty is submitted for approval to the University Senate (6) Following the approval of the senate the contest board is appointed by decision of the Rector (7) Within 48 hours of the decision of the Rectors decision this is sent to the Ministry of Education Youth and Sports and published on the competition website For the positions of associate professor and professor the composition of the contest board is published in the Official Gazette Art 38 (1) The contest consists of 5 members including its president specialists in the specific position field or in related fields (2) In case of unavailability for participation of one member from the Committee that member shall be replaced by alternates appointed by the same procedure as the contest board members (3) The decisions of the contest board are taken by secret ballot of the members A decision of the Board shall be valid if it had the vote of at least three members of the board (4) The activity of the contest board is run by a president

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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(5) The members of the contest board are from Constanta Maritime University or an institution from the country or abroad (6) For the filling of the position of associate professor or professor at least three contest board members must be from outside the institution that organizes the contest from the country or abroad (7) For the filling of the position of professor except for positions with a Romanian specificity at least one member has an employment contract at the date of publication in the official gazette of setting out the specific position for contest with an educational institution foreign education and research which is included in the list approved by the Minister of Education Youth and Sports issued under Art 216 paragraph 2 item f of the Law of National Education 12011 upon proposal of CNATDCU and CNCS (8) Members of the competition must have a superior teaching degree or at least equal to that of the vacant position (9) For the exclusive purpose of participation in the contest board the equivalence of the teaching degrees for foreign members with teaching degrees in the country is done by the university senate upon approval of the composition of the contest board (10) The president of the contest is the Dean of Faculty according to its own methodology Art 39 (1) The contest takes place in no more than 45 days after the end of the registration period (2) The contest is to assess scientific work and teaching qualities of the candidates (3) For each position the contest board decides on the hierarchy of candidates and nominates the candidate who obtains the best results (4) The President of the contest board shall report on the contest based on the appraisal reports prepared by each member of the board respecting the hierarchy of candidates decided upon by the board (5) The contest report is approved by decision of the contest board members and signed by each member of the board and the chairman (6) the Faculty Council examines the procedures established by the methodology of the institutions of higher education and grant or deny approval on contest report The hierarchy determined for candidates by the contest board cannot be changed by the faculty council (7) The university senate examines the procedures established by the methodology of the institutions of higher education and approves or denies the contest report The hierarchy of candidates determined by the contest board cannot be changed by the university senate Art 40 (1) The University Senate approves the contest result and the appointment shall be granted by decision of the Rector starting the next semester (2) The decision to appoint and award the academic degree by Constanta Maritime University along with the contest report are to be sent to the Ministry of Education Youth and Sports and CNATDCU within 48 hours of the appointment decision Art 41 If the open position was not filled the contest can be resumed in the next semester with full retake of the competition procedure

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Art 42 The result of the contest will be published on the competition website within 2 working days of the completion of the contest Art 43 Each year no later than September 1 the University prepares an annual report on the organization conduct and completion of contests for teaching positions The report is sent to the Ministry of Education Youth and Sports and CNATDCU

SUBCHAPTER II4

THE CONTEST BOARDS AND CONTEST ORGANIZATION Art 44 The composition of contest boards is proposed by the department council endorsed by the Faculty Council and approved by CMU Senate Decisions to appoint contest boards are compiled by the Deanrsquos Office for the posts of junior lecturer Senior Lecturer Lecturer respectively and by the Rector for the post of associate professor and professor Art 45 (1) The competition takes place within 30 days of the conclusion of the registration period (2) Completion of contest at the level of CMU is mandatory within 45 days from the submission of the contest board report and is operational in assigning successful candidates the basic teaching quota in CMU Art 46 For the post of JUNIOR LECTURER the following requirements are to be met cumulatively a) holding a PhD degree b) at least 5 papers (articles studies) published (author co-author) in journals or in proceedings of conferences with ISBN c) performing a lab class seminar in the presence of contest board members at a scheduled group This part of the contest contains necessarily one session of questions from the committee and the public The university website shall announce the contest date time and place of that trial d) achievement of the minimum score in the Annex of professional assessment Art 47 For a position of SENIOR LECTURER LECTURER candidates must meet the following cumulative conditions a) holding a PhD degree b) certificate of competency (or equivalent) for specific professional disciplines c) more than 10 papers published (author or co-author) in journals or in volumes of scientific conferences wih ISBN d) teaching one course seminar as scheduled in the timetable e) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the board and the public The university shall announce on the website the contest date time and place of that trial f) achieve the minimum score in the Annex of professional assessment

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Art 48 For the position of ASSOCIATE PROFESSOR the following conditions are required cumulatively a) holding a PhD in the job profile b) at least 20 publications (10 as first author) of which at least 2 papers in specialized journals of international circulation (ISI standard) or indexed in an international database-specific to the field c) treaties monographs and books of expertise as sole author published at a CNCSIS publisher with ISBN d) 1 research contract awarded by competition as Project Manager e) the entire scientific activity should meet the specific criteria to the majors graduated set by the Council of National Titles Diplomas and Certificates (CNATDCU) f) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university shall announce on the website the contest date time and place of that trial g) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Senior Lecturer h) achievement of minimum performance indicators in the Annex of professional assessment Art 49 For the position of PROFESSOR the following conditions are required a) holding a PhD in the job profile b) holding a certificate of entitlement c) 2 grants research contracts obtained through competition one of which international and the candidate should have the quality of director in at least one d) have at least three books and three university courses as sole author or first author published in the domain of expertise for the candidate (the publishers recognized by CNCSIS) out of which at least one book and an academic course after the latest promotion e) at least 25 publications (15 as first author) f) all scientific activity to meet the criteria established by CNATDCU g) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university website shall announce the contest date time and place of that trial h) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Associate Professor i) achieve the minimum score in the Annex of professional assessment Art 50 The contest board for the position of associate professor or professor is composed of the Dean as president 4 members of CMU Senate The contest board is made up of lecturers and professors for the position of associate professor ie only of professors for the position of professor

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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SUBCHAPTER II5

COMPLETION OF CONTESTS FOR FILLING TEACHING POSITIONS Art 51 The application files including reports of the examination shall be submitted to the Dean of the faculty who is in charge of debating their result as well as presenting the file and the conclusions of the contest board to the Faculty Council CMU Senate UMC the Dean ensures necessary conditions for consultation of contest materials by members of the Faculty Council Art 52 In the Faculty Council meeting the Dean or the chairman of the contest board presents the summative report (briefing) of the contest board and nominate the candidate with the best performance The Faculty Council validates the competition results by open ballot The contest validation requires the presence of two thirds of the members of the Faculty Council Art 53 Based on the decision of the Faculty Council the Dean shall prepare a statement of the minutes of the meeting of the Faculty Council and attach a copy of the convening notice of the meeting (with the signatures of everybody present) These documents are added to the file of each candidate and submitted to CMU Administrative board within the time prescribed by the latter Art 54 (1) If the Teaching Council rejected the proposal of contest board to declare a candidate as successful the dean shall notify CMU Administrative Board within 24 hours forwarding the application files (2) After consultation with the Dean CMU Administrative Board may decide to use two acknowledged specialists by the university or beyond asking them to evaluate the file At the request of the persons concerned their identity can remain confidential in which case CMU Administrative Board assumes personal responsibility for the authenticity of their conclusions (3) CMU Administrative Board shall consider the legality of the procedure for both competition and candidate performance and presents further evaluation findings when applying this procedure (4) If following the review The Administrative Board considers that the decision of the Faculty Council is thorough and lawful it becomes final and no longer submit the file to CMU Senate If the Board has doubts as to the legality or validity of the Teaching Council decision it shall submit the file to CMU Senate with a reasoned proposal (5) In no case shall the Teaching Council or the Administrative Board declare successful a different candidate than the one proposed by the Contest Board Art 55 (1) The decision of the Faculty Council shall be presented by the Dean and forwarded for validation by the Rector to CMU Senate which verifies the compliance with the competition criteria and procedure and is declared as such by open ballot Decisions are taken by a majority of votes of present members if their number is at least 23 of the total membership

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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(2) The faculties are free to introduce their own regulations and other criteria for assessing the educational and scientific activities of the candidates including the opinions of students who have benefited from the teaching performance of a candidate Art 56 The appointment as Junior Lecturer Senior Lecturer Lecturer is made by Rectorrsquos decision from the first day of the semester following the confirmation of the contest by CMU Senate Art 57 Appointment to the position of associate professor professor respectively is made by Rectorrsquos decision based on the Order of the Ministry of Eduaction Research Youth and Sports from the first day of the month following the contest validation by the committee of the Ministry of Education Research Youth and Sports (CNATDCU)

SUBCHAPTER II6

FILLING VACANT POSITIONS BY ASSOCIATE TEACHING STAFF Art 58 (1) The teaching and research staff retire at the age of 65 (2) In higher education it is prohibited the employment of any management or administrative positions at all levels of the university after retirement Mandates of personnel holding management or administration positions at all levels of the university lawfully ceases for the persons who have reached retirement age Exceptions to these rules are members of the administrative board of private universities (3) The University Senate of the state private and denominational universities based on professional performance and the financial situation may decide to continue the activity of a teacher or research specialist after retirement based on a fixed term contract for one year with possibility of extension in compliance with the University Charter with no age limit The University Senate may decide to confer the honorary professor emeritus title for excellence in teaching and research to teachers who have reached the retirement age Retired teachers can be paid on an hourly system Art 59 (1) Teachers and research specialists supervising doctorates retire at the age of 65 and a) can lead PhDs in progress at the time of retirement until the age of 70 years b) after the age of 65 can supervise in PhD students only under the joint supervision with a teacher or a research specialist who reaches the age of retirement during the entire PhD program of studies respectively (2) retired teachers can carry out teaching paid by the hour after the standard retirement age (3) vacant teaching positions or temporary vacancies are covered with priority by permanent teachers of the institution or hourly-paid associate teaching staff according to the Law 1 of 5 January 2011 (4) Employment of scientific experts whose value has been recognized in the field by inventions innovations awards scientific publications in the country or abroad as

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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guest professors or associate professors is approved by the department council and approved by the faculty council Art 60 (1) Filling of vacant teaching positions by the associate teaching staff can be for a period of time determined in accordance with Law no 1 of 5 January 2011 from CMU Charter the selection of files organized in the department in compliance with legislation (2) The proposal of associated teaching staff is made by the head of department The Department decision is subject for approval to the Faculty Council Proposals of associated teachers can be made during the semester or the academic year (3) The file for the temporary filling of a vacant teaching position with associated teachers will include a) the applicants request b) Curriculum vitae and list of scientific papers c) List of teaching and scientific works d) Copy of BS MD PhD degree e) Affidavit stating that the respective person is teaching or doing research activities in other universities (4) The Dean of the Faculty shall forward to CMU Senate the file of the associate teacher accompanied by the approval of the Faculty Council Art 61 (1) Vacancies to be filled with associate teachers shall be disclosed at least 30 days before the beginning of the semester by display at the department and published on the university website (2) Temporary employment of associate teachers shall be made by decision of the Rector and the salaries are based on the position held The decision shall specify the period of employment Art 62 (1) Coverage of vacant teaching positions in an hourly system can be done with own teaching staff or associate teaching staff outside CMU Candidates nominated by departments with the approval of the Faculty Council shall meet the requirements of this Regulation on the position in question (2) Associate teaching staff must enroll their scientific results obtained during their activity at UMC in its record

Art 63 The models and pre-defined criteria that are prepared in connection with the filling of teaching positions are shown in the annexes of the Internal Regulation and constitute part of this Regulation

B FOR CONTRACT EMPLOYEES (Order of the Ministry of Education Research Youth and Sports MECTS nr 442215062011)

Art 64 (1) Promotion ensures career development of employed personnel by passing to a higher degree professional rank top level

(2) Promotion of employees with individual employment contract by professional degrees or stages is usually made on a vacant position

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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(3) Where there is no vacant position promotion by professional degrees or stages is achieved by transforming the position that a person is qualified for a level immediately above

(4) Promotion by professional degrees or stages of contractual staff in the public sector is made by examination ie competition for vacant positions Art 65 Transformation of occupied positions with a view to promotion for the positions higher education institutions shall be approved by the university senate

Art 66 - (1) The exam or contest to promote by professional degrees or stages for contractual staff consists of a written test and a practical test as appropriate and interview set by the examination board

(2) The practical exam replaces the written test for functions that you need to check practical skills for

(3) To participate in the examination or examination for promotion by professional degrees or stages the candidate must have obtained a very good individual performance appraisal at least twice in the last 3 years

(4) The position of junior employed staff the promotion examination is held usually within 5 days of the end of their debut under the law

Art 67 - (1) The examination board shall consist of three members two members of the institution or public authority and a member of the union or if appropriate a representative of employees with experience and knowledge in the position for which promotion is made

(2) The examination designated by administrative action by the authorizing officer will evaluate the candidate in the promotion examination according to the following criteria

a) theoretical knowledge required for the position assessed

b) behavior in crisis situations

c) communication skills

d) the ability of synthesis

(3) The criteria set out in para (2) a) shall be based on a written test of the the employees field of expertise and certifying the degree of accumulation of professional experience in the field The written test can be sat for as a multiple-choice test

(4) The criteria set out in para (2) b) - d) are evaluated in the interview

(5) The examination board may establish other specific evaluation criteria that will be assessed during the interview such as

a) complexity initiative creativity and diversity of activities

b) judgment and the impact of decisions

c) influence coordination and supervision Art 68 - (1) In the examination or promotion contest each of the two tests or the

written or practical test as appropriate including the interview shall be marked with a maximum score of 100 points

(2) The members of the examination award individual scores for each of the two tests referred to in para (1) recorded in the scoring sheet

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(3) The final score of each of the two tests is calculated as the arithmetic average of the scores under par (2)

Art 69 - (1) contest or promotion exam score is calculated as the arithmetic average of the scores obtained in each of the final two tests written or practical as appropriate and interview

(2) The minimum passing score is 50 points Art 70 - (1) After the results obtained dissatisfied candidates may appeal within 48 hours of notification (2) Settlement of complaints and the results thereof shall be made within one working day after the deadline for submission of appeals

Art 71 - (1) For the settlement of appeals by an administrative officer

committee for solving complaints is made up consisting of 3 members (2) Membership in the examination is incompatible with membership of the

committee responsible for review (3) The members of the committee responsible for review must have experience

and knowledge in the position for which promotion is made Art 72 - (1) In the event that the person cannot obtain the minimum score

heshe can sit for a new promotion or competition exam in maximum 3 months (2) Until passing the exam or contest the person remains assigned to the

previously held professional degree stage

Art 73 Following the promotion the employee job description shall be completed with new responsibilties pertaining to the job

CHAPTER III

Rules regarding the respect of the principle of non-discrimination and dismissal of any form of dignity infringement

Art 74 Within the University in labor relations the working principle is that of equal treatment of all employees and the principle of non-discrimination and equal opportunities between women and men are respected Labor relations are based on the consensus principle and good faith Art 75 Any employee who performs work in the university benefits from respect of dignity and conscience without any discrimination Art 76 (1) Any direct or indirect discrimination of employees based on gender sexual orientation genetic features age nationality race color ethnicity religion political opinion social origin disability marital status or responsibility membership or activity in unions is forbidden

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(2) The actions considered being direct discrimination acts and acts of exclusion distinction restriction or preference based on one or more of the criteria set out in para (1) which have the purpose or result in denial restriction or exclusion recognition enjoyment or exercise of employees rights The actions and deeds or acts apparently based on criteria other than the above but have any direct discriminatory consequences are considered to be direct discrimination

Art 77 Employees will be given the right to equal pay for equal work the right to individual and collective bargaining the right to protection from disclosure of personal information the right to protection against unlawful dismissal Art 78 (1) It is forbidden to ask a job candidate to perform present a pregnancy test or to sign a pledge that she will not get pregnant which would bear on the validity of the individual employment contract (2) The provisions of par (1) shall not apply in the case of prohibited jobs for pregnant and or breastfeeding women due to working conditions

Art 79 It is forbidden that decisions related to a person be affected by the acceptance or rejection of the conduct of a person related to harassment or sexual harassment thereof Art 80 It shall be considered as sex-based discrimination the conduct defined as harassment or sexual harassment aimed at a) creating an intimidating hostile workplace atmosphere or daunting for the person b) negative influence of the employee situation regarding promotion remuneration or income of any kind or access to training education and professional development if heshe refuses to accept unwanted behavior - verbal nonverbal or physical ndash related to sexual life Art 81 The refusal to employ a person who does not meet the job requirements and standards as long as it is not discriminatory act shall not constitute a breach of this Regulation Art 82 Any conduct nationalist character - jingoistic incitement to racial or national hatred or any behavior aimed at achieving dignity or creating an atmosphere hostile degrading humiliating or offensive directed against a person or group people shall be considered a violation of this regulation Art 83 Measures to promote equal opportunities between women and men and to eliminate direct and indirect discrimination on grounds of sex are in accordance with Law no 2022002 - reissued - on equality between women and men Art 84 The violation of the rules on non-discrimination and the removal of all forms of violation of dignity constitute misconduct

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900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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19

CHAPTER IV

Managing working and leave time Art 85 (1) The duration of working time of each full-time employee is 8 hours per day and 40 hours per week for auxiliary and contract staff and is performed 5 days working week (2) The work expanded to more than 48 hours week annual average will be subject only to the law and the applicable collective labor contract (3) The program is set for Monday through Friday between 730-1530 with a lunch break of 15 minutes which is included in the length of the working day (4) for the teaching staff the organization of working time complies with the provisions of Law no 12011 ndash the Law of Education ndash reissued and the provisions of the Collective Labor Agreement at the university level on the teaching quota and on the distribution of working hours in the week (5) The management of the university has the right within the limits imposed by legislation and procedures to alter schedule as required Art 86 Overtime work can be done in the cases and conditions provided by law the applicable collective labor contract and with prior approval of the CMU managing structures Art 87 (1) At the beginning and end of working hours each employee regardless of the position heshe holds except teaching staff shall sign the attendance register indicating time of arrival and departure time which will be checked regularly by the Human Resources Office (2) The attendance register will note delays and gaps in the program specifying whether or not they are justified (3) If the delay or absence was due to unforeseen circumstances or reasons beyond the control of the employee (illness accident etc) The employee is required to inform the following two days the head compartment he she is part of Art 88 The situation of this work attendance is prepared by the staff with responsibilities in this regard is supervised by the head of department or his deputy who has delegation of competence for this activity and transmitted to the Human Resources Office no later than the 3rd of the month following expiry month After submission to the Human Resources Office this situation can be changed only with the written and motivated approval of the chief who endorsed it Registrations of false information in the register is a serious offense and will be penalized according to the provisions of this Regulation Art 89 The university management may grant by law leave without pay at the motivated request of interested employees

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Art 90 Programming the leaves is made at the end of each year for the next year Proposals of programming leaves are made by the management of each department and approved by the university management The order and physical performance of the leaves will be fixed by installments throughout the year taking into account the proper conduct of activity and the interests of employees Art 91 Employees are entitled to sick leave according to the law Sick leave shall be submitted to the Human Resources Office within 3 days of release the signed acknowledgment on white copy (back) of the chief Art 92 The Human Resources Office will keep track of delays consent sick leave study leave without pay and holidays Art 93 Entering the university premises for persons who are not employees of the institution shall be handled by each department involved in solving their problems Art 94 The management of each department will hold daily control at the end of the program the way in which employees meet their obligations in terms of closing windows locking offices cupboards and filing cabinets and turning off lights etc Art 95 The provisions of this Regulation on the organization of work and rest is filled according to the collective labor agreement applicable to CMU and according to the specific legislation

CHAPTER V

Rights and obligations of university and university employees

1 Rights and obligations of University Management

Art 96 The university management has a duty to take all measures to ensure appropriate work conditions for the institution Art 97 The university management shall ensure proper organization of the whole activity in order to provide efficient management of cash funds and materials to this effect it sets abiding by the law rules of labor discipline obligations of employees and their liability in case of breach of work duties Art 98 The institution management of the mainly have the following rights a) establishing the organization and functioning of the unit b) establish appropriate tasks for each employee and department according to the law c) give instructions binding the employee on their legality d) exercise control over the performance of duties e) to assess the disciplinary offenses and apply appropriate sanctions according to the law the collective labor agreement and the applicable rules of procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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f) establish the organizational structure of institutions and organizational structures fields Art 99 The Institution Management of the have the following obligations a) ensure rational use of labor force maintaining the number of employees to carry out their duties strictly required b) aims to raise the professional qualification of employees their promotion in relation to the preparation of the results obtained from annual evaluations and requirements and or needs for the proper functioning of the institution c) examines critical comments suggestions and proposals for action made by employees of the institution d) organizes working time in specific reports as required in order to ensure the functionality and compliance with legal duration of working time and rest e) ensures compliance with legal regulations on working time and rest as well as any other legal rights for employees f) pays all contributions and taxes in their jurisdiction and retains and pays contributions and taxes payable by employees according to the law g) informs employees of the work conditions and on issues related to employment relationships h) provides permanent technical and organizational conditions considered in developing appropriate labor standards and working conditions i) all rights granted to employees under the law the applicable collective agreement and individual employment contracts j) shall regularly convey to employees the economic and financial situation of the unit k) shall consult with the union or where appropriate with representatives of employees on decisions likely to substantially affect their rights and interests l) establishes the general register of employees as required by law and operates entries provided by law m) shall upon request issue all documents evidencing the status of employee for the applicant n) ensures confidentiality of personal data of employees a) prevents and sanctions by law any form of discrimination p) assesses the disciplinary offenses and imposes sanctions under the law in force the collective labor agreement and the internal regulation

2 Rights and obligations of employees

Art 100 University employees have under the Labour Code the following rights a) the right to remuneration for their work b) the right to meal breaks daily and weekly rest c) The right to public holidays and annual leave d) the right to dignity at work e) The right to equal opportunities and treatment f) the right to safety and health at work g) the right of access to training h) the right to information and consultation

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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22

i) the right to take part in the determination and improvement of working conditions and working environment j) the right to protection in cases of dismissal k) The right to bargain collectively and individually l) the right to participate in legal collective activities m) the right to form or join a union

Art 101 University employees must comply with all their obligations under the law the applicable collective labor agreement and the rules of conduct the individual labor contracts including the job description and internal rules Mainly University employees have the following obligations a) comply strictly with their functions in the job description and the tasks assigned hierarchically with accountability competence efficiency fairness and conscientiousness b) to comply with the order and discipline at the workplace c) to comply with schedule and make effective use of working time d) be familiar with the tasks that have to be executed e) to acquire professional knowledge of duties attend training courses or courses organized for this purpose f) to comply with security measures and occupational health in school work safety regulations and fire prevention or any other situation that could endanger the life and physical integrity personal health or that of other persons buildings etc g) to comply with access rules in the institution to take steps to remove any person if their presence could cause a safety hazard or hinder the normal operation of the institution h) in cases of force majeure are obliged to know participate and ensure the civilian protection measures i) to be present for work in proper condition to fulfill their duties in good conditions j) notify the chief supervisor as soon as they became aware of irregularities misconduct hardship or deprivation k) to know and comply with the internal regulations in the applicable collective labor contract and the individual labor contract l) employees are required to effectively use working time and facilities to solve duties pertaining to their position m) to maintain cleanliness in the workplace and in all places of common use n) to secure official documents at the end of working hours After working hours it is forbidden to leave appliances plugged in except computer and tactical equipment (fax servers communications etc) and lighting installations a) not to leave unattended during working hours machinery and equipment in operation p) be faithful to the university of their duties q) to observe secrecy r) hold patrimonial liability under the rules and contractual liability for material damages bore to the University of their own guilt or as a consequence of their work s) comply with the principles of impartiality and non-discrimination

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 3: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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6The circuit of papers and documents about the institution 7Inforcement modalities of legal or other specific contractual provisions

CHAPTER II

REGULATION regarding the filling of teaching positions in

Constanta Maritime University A For the teaching staff

SUBCHAPTER II1

GENERAL PROVISIONS Art 8 In Constanta Maritime University (CMU) teaching positions are filled by competition in accordance with the applicable law the University Charter and the Decision of the University Senate The contest is public and is governed by this Regulation Art 9 Candidates for a teaching position must have the specialization (attested by a degree recognized by the Ministry of Education Youth and Sports) consistent with the structure of the job the candidates sit for Art 10 The competition for a teaching or research position can be taken by Romanian or foreign citizens without any discrimination under the law The competition methodology cannot contain discriminatory provisions on candidates based on gender ethnic or social origin religion or belief disabilities political social or economic condition Art 11 The competition methodology does not refer to seniority and does not contain provisions meant to disadvantage candidates from outside the institution Art 12 The description of the vacant position shall be made in comprehensive terms that correspond to the real needs of the university and shall not be limited artificially to the number of potential candidates

SUBCHAPTER II2

SETUP AND DISPLAY TEACHING POSITIONS

Art 13 In accordance with the law in force teaching and research positions may be displayed for competition at least for the following a) Junior Lecturer (indefinite labour contract) b) Senior Lecturer c) Associate Professor d) Professor

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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e) Research assistant for an indefinite period f) Senior Researcher III g) Senior Researcher II h) Senior Researcher I Art 14 Constanta Maritime University can organize a competition for a teaching position only if this is declared vacant Art 15 A position is considered vacant if so provided in the employment list of the department drawn annually or being declared vacant during the academic year Art 16 A position becomes vacant in one of the following ways a) termination of employment by retirement death resignation dismissal or otherwise termination of employment according to law b) transferring the person occupying another position within the same institution of higher education as a result of winning a contest (4) The teaching and research positions cannot be displayed for competition by transformation Art 17 The departments with a vacancy rate of over 70 can not set out teaching positions for contest Art 18 The proposal for setting out a teaching position is formulated by the management department in conjunction with the desiderate inscribed in the institution strategic plan and financial resources scheme Art 19 Upon approval of the Teaching staff Council The Dean addresses to the University Senate the contest application for the post or posts in question Art 20 The public announcement of the contest is to be made with at least 2 months before the deadline for registration of candidates Notices shall be published at least the following ways a) on the first page of the website of the higher education institution b) on a specialized website administered by the Ministry of Education Youth and Sports c) in the Official Gazette Art 21 Constanta Maritime University and the Ministry of Education Youth and Sports may make the competitions public by additional means including publication in the media national and international scientific publications on websites specializing in the publication of job offers and more of the sort Art 22 The website of the contest Constanta Maritime University shall publish the following information a) description of the vacant position b) tasks activities pertaining to the vacant position including teaching quota and types of activities included in the teaching research quota respectively c) a minimum wage job classification at the time of employment d) the competition calendar e) evidence of the contest theme including lectures courses or subjects or out of which the contest board can choose the actual subjects to be defended f) description of the competition procedure g) list of documents that applicants must include in their application files h) the address where the competition file is to be sent i) notices relating to positions of associate professor and professor will be published in English

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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5

Art 23 The websites of the competition managed by Constanta Maritime University or by the Ministry of Education Youth and Sports respectively shall publish at the latest within 5 working days from the deadline for entering the contest for each of the candidates and with the protection of personal data within the boundaries of the law as follows a) curriculum vitae b) statement verifying the fulfillment of minimum standards c) the nominal composition of the contest board Art 24 (1) Persons who are spouses in-laws and relatives in the third degree including one or more candidates may not directly or through intermediaries a) participate in the decision on the appointment of the competition board b) be members or alternate members of the competition c) be engaged in professional or administrative assessment decisions in the contest d) be involved in resolving complaints (2) The following persons cannot be involved in the process of competition a) employees of the same institution as a candidate who holds a management position and are hierarchically subordinate to this candidate b) persons who are in a direct contractual relationship with one or more candidates or by companies in which they hold shares c) persons who are or have been involved in joint research grants with one or more candidates Art 25 If case there be that after a candidate winning a contest one or more persons from the higher education institution are to be found in a situation of incompatibility under art Article 295 (4) of the Law of National Education no 12011 the appointment and granting of the university title by the higher education institution may take place only after solving the situation the incompatibilities The Ministry of Education Youth and Sports shall be notified on the manner to resolve the situation of incompatibility within 2 working days since filing the complaint Art 26 (1) Constanta Maritime University organizes competition for a teaching position only with the approval of the Ministry of Education Youth and Sports (2) Constanta Maritime University will submit to MECTS the demand for approval together with the following documents a) list of proposed positions and their structure signed and stamped by the rector of the higher education institution b) the extract from the employment list with the vacancies signed by the rector the dean and the head of department or the head of the doctoral school c) affidavit of the rector of the higher education institution stating that all vacancies proposed to be set out comply with the structure of specialized curricula study programs established for legal studies including the form of education and location d) the methodology of the competition (3) Request for approval from the Ministry of Education Youth and Sports is made compulsory within 30 calendar days from the beginning of each academic semester (4) the procedure for granting approval to set out for competition teaching positions the Ministry of Education Research Youth and Sports verifies the structure and teaching loads in relation to the legal provisions in force (5) Notices of Vacancies shall be made only for the positions that have received a favorable opinion from the Ministry of Education Youth and Sports

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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6

(6) Positions not approved by the Ministry of Education Youth and Sports shall not be set out for competition (7) The proposal for organizing the contest for a vacancy shall be made by the Head of the specific structure by report endorsed by the council of the department and the faculty council The list of suggested positions to be filled by competition is approved by the dean and forwarded to CMU board which forwards them to the Senate Based on this analysis the Senate prepares the draft resolution where the positions shall be individualized with a favorable set out mark for competition The draft decision will also mention the applications which have not received the favorable opinion of the Senate and the grounds for refusal Senators shall be distributed the draft resolution in print prior to the meeting Constanta Maritime University Senate shall decide upon the draft resolution by open ballot

SUBCHAPTER II3

CONDITIONS FOR SIGNING UP IN THE COMPETITION FOR FILLING A TEACHING POSITION

Art 27 (1) The conditions for entering the competition for teaching positions are (11) For the position of junior lecturer the following are required cumulatively a) holding the PhD Degree b) performance standards vacancy lecturer teaching indefinitely specific function provided by its own methodology (12) For the position of senior lecturer lecturer are required cumulatively a) holding the PhD degree b) compliance with national minimum standards for filling teaching positions specific to the teaching position of senior lecturer lecturer approved by the Minister of Education Youth and Sports under art 219 paragraph (1) of the Law of National Education Law 12011 c) compliance with the minimum standards for employment on teaching positions specific to the position of senior lecturer lecturer under their own methodology (13) For the position of associate professor the following are required cumulatively a) holding the PhD degree b) compliance with national minimum standards for filling teaching positions specific to the teaching of associate professor approved by the Minister of Education Youth and Sports under art 219 paragraph (1) National Education Law Law 12011 c) compliance with the minimum standards of teaching vacancy specific teaching position of associate professor under their own methodology (14) For the position of professor the following are required cumulatively a) holding the PhD degree b) holding the certificate of entitlement c) compliance with national minimum standards for filling teaching positions specific to the position of professor approved by the Minister of Education Youth and Sports under art 219 paragraph (1) of the Law of National Education Law 12011

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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7

d) completion of minimum employment standards of teaching positions specific to the position of professor under their own methodology Art 28 For the enrollment in the contest for a teaching position the candidate shall prepare a file containing the following documents a) the application for the contest signed by the candidate accompanied by a sworn statement about the veracity of the information presented in the file b) a proposal for the development of academic career both in terms of teaching as well as in terms of scientific research proposal written by the candidate should hold a maximum of 10 pages and is one of the main criteria for the candidates c) curriculum vitae of the candidate in writing form electronically d) list of candidate scientific papers written electronic e) statement verifying the fulfillment of standards in the contest and or post employment f) documents related to the PhDdegree a certified copy of the PhDdegree and if the original PhDdegree is not recognized in Romania a certificate of recognition or equivalence thereof g) summary in Romanian and English of the t PhD thesis or where appropriate habilitation thesis on one page maximum h) affidavit of the applicant that there is no incompatibility with the Law 12011 the Law of National Education and the government decision i) if the contest is for the post of professor a certified copy of certificate of entitlement is required j) copies of other certificates attesting to the applicants studies k) a copy of the identity card l) If the candidate has changed hisher name copies of documents evidencing the change of name - marriage certificate or proof of name change m) more than 10 publications patents or other scientific work of the candidate in electronic format selected and deemed to be most relevant to their professional achievements n) If one or more publications are available in electronic format the applicant shall submit the file a copy of the book monograph whose author heshe is the conference site where work was defended ISSN Proceeding etc Art 29 The Curriculum vitae of the candidate should include a) information about studies and diplomasdegrees obtained b) information about work experience and jobs c) information about research and development projects that heshe led as project manager and grants obtained if there are such projects or grants indicating for each source of funding amount of funding and main publications and patents resulted thereby d) information about the awards or other recognition of the scientific contributions of the candidate Art 30 The List of scientific papers of the applicant will be structured as follows a) the list of scientific papers out of which in excerpt the list of more than 10 works considered to be the most relevant candidate for professional achievements which are

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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8

included in the file electronically and can be found in other categories of works under this article For the post of professor there will be specified only the list of scientific papers carried out after obtaining the certificate of entitlement b) PhD thesis or theses c) Patents and other intellectual and industrial property titles d) books and chapters in books e) articles studies in full published in the main international scientific journals publications in full the principal scientific papers published in international scientific conferences f) other papers and scientific contributions or where appropriate of artistic creation Art 31 Candidates for the position of associate professor must include in the file at least 3 names and contact addresses of personalities in this field in the country or abroad outside the higher education institution whose post is put up which accepted to write letters of recommendation regarding the applicants professional qualities The candidates for the position of professor must include in the file at least 3 names and contact addresses of personalities in the respective field from foreign institutions of higher education and research in the list approved by the Ministry of Education Youth and Sports developed according to art 216 paragraph 2 item f of the Law of National Education 12011 The domains-specific credentials for candidates for the position of professor may come from some personalities in this field from Romania outside the higher education institution whose post is put up or competition Art 32 The application file is set up by the candidate and submitted to Constanta Maritime University 104 Mircea cel Batran Street specified on the Contest website or through postal or courier services for the confirmation of receipt The application file is sent to the members of the contest board starting from the closing date for application process of competition no later than 5 working days before the first part of the competition Art 33 The Legal Department of Constanta Maritime University will certify that the candidate fulfills the legal requirements by written approval The opinion will be communicated to the candidate within 48 hours of the issuance to but no less than 5 working days before the first part of the competition Art 34 If the number of candidates for a job that met the legal conditions for competition is less than or equal to 5 all candidates shall be invited by the institution of higher education to defend the assignments If the number of candidates for a job that met the legal conditions of competition is greater than 5 the contest board may preselect based on the application files and according to their methodology at least 5 candidates to sit for the contest Art 35 The contest board evaluates each candidate in terms of the following a) the relevance and impact of the scientific results of the candidate b) the candidates ability to guide students and young researchers

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900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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9

c) the candidates teaching skills d) the applicants ability to transfer knowledge and results to the economic or social or publicize their scientific results e) the candidates ability to work in teams and efficiency of its scientific collaborations f) the candidates ability to conduct research and development projects g) the applicants professional experience in other institutions than the institution which set out the post for competition especially the experience in higher education and research institutions from the list approved by the Ministry of Education Youth and Sports issued under Art 216 paragraph 2 item f of the Law of National Education 12011 Art 36 The contest board shall evaluate the candidates professional competence exclusively by one or more competition tests (specific to the teaching position) including lectures classes and the like For all posts at least one contest is represented by a public lecture of at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This sample contains necessarily a session of questions from the committee and the public The higher education institution shall announce on the website the contest date time and place of this trial Art 37 (1) Establishing the composition of the contest board is done after publication of the notice to put out for contest each open position and is made by the department whose teaching position belongs to (2) The composition of the contest board can include alternates (3) The Council department whose structure contains the specific position makes proposals for the composition of the contest board (4) The composition of the contest board is approved by the Dean of Faculty based on the proposals set out in para (3) and is approved by the faculty council (5) The nominal composition of the contest board along with the approval of the faculty is submitted for approval to the University Senate (6) Following the approval of the senate the contest board is appointed by decision of the Rector (7) Within 48 hours of the decision of the Rectors decision this is sent to the Ministry of Education Youth and Sports and published on the competition website For the positions of associate professor and professor the composition of the contest board is published in the Official Gazette Art 38 (1) The contest consists of 5 members including its president specialists in the specific position field or in related fields (2) In case of unavailability for participation of one member from the Committee that member shall be replaced by alternates appointed by the same procedure as the contest board members (3) The decisions of the contest board are taken by secret ballot of the members A decision of the Board shall be valid if it had the vote of at least three members of the board (4) The activity of the contest board is run by a president

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(5) The members of the contest board are from Constanta Maritime University or an institution from the country or abroad (6) For the filling of the position of associate professor or professor at least three contest board members must be from outside the institution that organizes the contest from the country or abroad (7) For the filling of the position of professor except for positions with a Romanian specificity at least one member has an employment contract at the date of publication in the official gazette of setting out the specific position for contest with an educational institution foreign education and research which is included in the list approved by the Minister of Education Youth and Sports issued under Art 216 paragraph 2 item f of the Law of National Education 12011 upon proposal of CNATDCU and CNCS (8) Members of the competition must have a superior teaching degree or at least equal to that of the vacant position (9) For the exclusive purpose of participation in the contest board the equivalence of the teaching degrees for foreign members with teaching degrees in the country is done by the university senate upon approval of the composition of the contest board (10) The president of the contest is the Dean of Faculty according to its own methodology Art 39 (1) The contest takes place in no more than 45 days after the end of the registration period (2) The contest is to assess scientific work and teaching qualities of the candidates (3) For each position the contest board decides on the hierarchy of candidates and nominates the candidate who obtains the best results (4) The President of the contest board shall report on the contest based on the appraisal reports prepared by each member of the board respecting the hierarchy of candidates decided upon by the board (5) The contest report is approved by decision of the contest board members and signed by each member of the board and the chairman (6) the Faculty Council examines the procedures established by the methodology of the institutions of higher education and grant or deny approval on contest report The hierarchy determined for candidates by the contest board cannot be changed by the faculty council (7) The university senate examines the procedures established by the methodology of the institutions of higher education and approves or denies the contest report The hierarchy of candidates determined by the contest board cannot be changed by the university senate Art 40 (1) The University Senate approves the contest result and the appointment shall be granted by decision of the Rector starting the next semester (2) The decision to appoint and award the academic degree by Constanta Maritime University along with the contest report are to be sent to the Ministry of Education Youth and Sports and CNATDCU within 48 hours of the appointment decision Art 41 If the open position was not filled the contest can be resumed in the next semester with full retake of the competition procedure

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Art 42 The result of the contest will be published on the competition website within 2 working days of the completion of the contest Art 43 Each year no later than September 1 the University prepares an annual report on the organization conduct and completion of contests for teaching positions The report is sent to the Ministry of Education Youth and Sports and CNATDCU

SUBCHAPTER II4

THE CONTEST BOARDS AND CONTEST ORGANIZATION Art 44 The composition of contest boards is proposed by the department council endorsed by the Faculty Council and approved by CMU Senate Decisions to appoint contest boards are compiled by the Deanrsquos Office for the posts of junior lecturer Senior Lecturer Lecturer respectively and by the Rector for the post of associate professor and professor Art 45 (1) The competition takes place within 30 days of the conclusion of the registration period (2) Completion of contest at the level of CMU is mandatory within 45 days from the submission of the contest board report and is operational in assigning successful candidates the basic teaching quota in CMU Art 46 For the post of JUNIOR LECTURER the following requirements are to be met cumulatively a) holding a PhD degree b) at least 5 papers (articles studies) published (author co-author) in journals or in proceedings of conferences with ISBN c) performing a lab class seminar in the presence of contest board members at a scheduled group This part of the contest contains necessarily one session of questions from the committee and the public The university website shall announce the contest date time and place of that trial d) achievement of the minimum score in the Annex of professional assessment Art 47 For a position of SENIOR LECTURER LECTURER candidates must meet the following cumulative conditions a) holding a PhD degree b) certificate of competency (or equivalent) for specific professional disciplines c) more than 10 papers published (author or co-author) in journals or in volumes of scientific conferences wih ISBN d) teaching one course seminar as scheduled in the timetable e) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the board and the public The university shall announce on the website the contest date time and place of that trial f) achieve the minimum score in the Annex of professional assessment

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Art 48 For the position of ASSOCIATE PROFESSOR the following conditions are required cumulatively a) holding a PhD in the job profile b) at least 20 publications (10 as first author) of which at least 2 papers in specialized journals of international circulation (ISI standard) or indexed in an international database-specific to the field c) treaties monographs and books of expertise as sole author published at a CNCSIS publisher with ISBN d) 1 research contract awarded by competition as Project Manager e) the entire scientific activity should meet the specific criteria to the majors graduated set by the Council of National Titles Diplomas and Certificates (CNATDCU) f) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university shall announce on the website the contest date time and place of that trial g) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Senior Lecturer h) achievement of minimum performance indicators in the Annex of professional assessment Art 49 For the position of PROFESSOR the following conditions are required a) holding a PhD in the job profile b) holding a certificate of entitlement c) 2 grants research contracts obtained through competition one of which international and the candidate should have the quality of director in at least one d) have at least three books and three university courses as sole author or first author published in the domain of expertise for the candidate (the publishers recognized by CNCSIS) out of which at least one book and an academic course after the latest promotion e) at least 25 publications (15 as first author) f) all scientific activity to meet the criteria established by CNATDCU g) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university website shall announce the contest date time and place of that trial h) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Associate Professor i) achieve the minimum score in the Annex of professional assessment Art 50 The contest board for the position of associate professor or professor is composed of the Dean as president 4 members of CMU Senate The contest board is made up of lecturers and professors for the position of associate professor ie only of professors for the position of professor

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SUBCHAPTER II5

COMPLETION OF CONTESTS FOR FILLING TEACHING POSITIONS Art 51 The application files including reports of the examination shall be submitted to the Dean of the faculty who is in charge of debating their result as well as presenting the file and the conclusions of the contest board to the Faculty Council CMU Senate UMC the Dean ensures necessary conditions for consultation of contest materials by members of the Faculty Council Art 52 In the Faculty Council meeting the Dean or the chairman of the contest board presents the summative report (briefing) of the contest board and nominate the candidate with the best performance The Faculty Council validates the competition results by open ballot The contest validation requires the presence of two thirds of the members of the Faculty Council Art 53 Based on the decision of the Faculty Council the Dean shall prepare a statement of the minutes of the meeting of the Faculty Council and attach a copy of the convening notice of the meeting (with the signatures of everybody present) These documents are added to the file of each candidate and submitted to CMU Administrative board within the time prescribed by the latter Art 54 (1) If the Teaching Council rejected the proposal of contest board to declare a candidate as successful the dean shall notify CMU Administrative Board within 24 hours forwarding the application files (2) After consultation with the Dean CMU Administrative Board may decide to use two acknowledged specialists by the university or beyond asking them to evaluate the file At the request of the persons concerned their identity can remain confidential in which case CMU Administrative Board assumes personal responsibility for the authenticity of their conclusions (3) CMU Administrative Board shall consider the legality of the procedure for both competition and candidate performance and presents further evaluation findings when applying this procedure (4) If following the review The Administrative Board considers that the decision of the Faculty Council is thorough and lawful it becomes final and no longer submit the file to CMU Senate If the Board has doubts as to the legality or validity of the Teaching Council decision it shall submit the file to CMU Senate with a reasoned proposal (5) In no case shall the Teaching Council or the Administrative Board declare successful a different candidate than the one proposed by the Contest Board Art 55 (1) The decision of the Faculty Council shall be presented by the Dean and forwarded for validation by the Rector to CMU Senate which verifies the compliance with the competition criteria and procedure and is declared as such by open ballot Decisions are taken by a majority of votes of present members if their number is at least 23 of the total membership

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(2) The faculties are free to introduce their own regulations and other criteria for assessing the educational and scientific activities of the candidates including the opinions of students who have benefited from the teaching performance of a candidate Art 56 The appointment as Junior Lecturer Senior Lecturer Lecturer is made by Rectorrsquos decision from the first day of the semester following the confirmation of the contest by CMU Senate Art 57 Appointment to the position of associate professor professor respectively is made by Rectorrsquos decision based on the Order of the Ministry of Eduaction Research Youth and Sports from the first day of the month following the contest validation by the committee of the Ministry of Education Research Youth and Sports (CNATDCU)

SUBCHAPTER II6

FILLING VACANT POSITIONS BY ASSOCIATE TEACHING STAFF Art 58 (1) The teaching and research staff retire at the age of 65 (2) In higher education it is prohibited the employment of any management or administrative positions at all levels of the university after retirement Mandates of personnel holding management or administration positions at all levels of the university lawfully ceases for the persons who have reached retirement age Exceptions to these rules are members of the administrative board of private universities (3) The University Senate of the state private and denominational universities based on professional performance and the financial situation may decide to continue the activity of a teacher or research specialist after retirement based on a fixed term contract for one year with possibility of extension in compliance with the University Charter with no age limit The University Senate may decide to confer the honorary professor emeritus title for excellence in teaching and research to teachers who have reached the retirement age Retired teachers can be paid on an hourly system Art 59 (1) Teachers and research specialists supervising doctorates retire at the age of 65 and a) can lead PhDs in progress at the time of retirement until the age of 70 years b) after the age of 65 can supervise in PhD students only under the joint supervision with a teacher or a research specialist who reaches the age of retirement during the entire PhD program of studies respectively (2) retired teachers can carry out teaching paid by the hour after the standard retirement age (3) vacant teaching positions or temporary vacancies are covered with priority by permanent teachers of the institution or hourly-paid associate teaching staff according to the Law 1 of 5 January 2011 (4) Employment of scientific experts whose value has been recognized in the field by inventions innovations awards scientific publications in the country or abroad as

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guest professors or associate professors is approved by the department council and approved by the faculty council Art 60 (1) Filling of vacant teaching positions by the associate teaching staff can be for a period of time determined in accordance with Law no 1 of 5 January 2011 from CMU Charter the selection of files organized in the department in compliance with legislation (2) The proposal of associated teaching staff is made by the head of department The Department decision is subject for approval to the Faculty Council Proposals of associated teachers can be made during the semester or the academic year (3) The file for the temporary filling of a vacant teaching position with associated teachers will include a) the applicants request b) Curriculum vitae and list of scientific papers c) List of teaching and scientific works d) Copy of BS MD PhD degree e) Affidavit stating that the respective person is teaching or doing research activities in other universities (4) The Dean of the Faculty shall forward to CMU Senate the file of the associate teacher accompanied by the approval of the Faculty Council Art 61 (1) Vacancies to be filled with associate teachers shall be disclosed at least 30 days before the beginning of the semester by display at the department and published on the university website (2) Temporary employment of associate teachers shall be made by decision of the Rector and the salaries are based on the position held The decision shall specify the period of employment Art 62 (1) Coverage of vacant teaching positions in an hourly system can be done with own teaching staff or associate teaching staff outside CMU Candidates nominated by departments with the approval of the Faculty Council shall meet the requirements of this Regulation on the position in question (2) Associate teaching staff must enroll their scientific results obtained during their activity at UMC in its record

Art 63 The models and pre-defined criteria that are prepared in connection with the filling of teaching positions are shown in the annexes of the Internal Regulation and constitute part of this Regulation

B FOR CONTRACT EMPLOYEES (Order of the Ministry of Education Research Youth and Sports MECTS nr 442215062011)

Art 64 (1) Promotion ensures career development of employed personnel by passing to a higher degree professional rank top level

(2) Promotion of employees with individual employment contract by professional degrees or stages is usually made on a vacant position

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16

(3) Where there is no vacant position promotion by professional degrees or stages is achieved by transforming the position that a person is qualified for a level immediately above

(4) Promotion by professional degrees or stages of contractual staff in the public sector is made by examination ie competition for vacant positions Art 65 Transformation of occupied positions with a view to promotion for the positions higher education institutions shall be approved by the university senate

Art 66 - (1) The exam or contest to promote by professional degrees or stages for contractual staff consists of a written test and a practical test as appropriate and interview set by the examination board

(2) The practical exam replaces the written test for functions that you need to check practical skills for

(3) To participate in the examination or examination for promotion by professional degrees or stages the candidate must have obtained a very good individual performance appraisal at least twice in the last 3 years

(4) The position of junior employed staff the promotion examination is held usually within 5 days of the end of their debut under the law

Art 67 - (1) The examination board shall consist of three members two members of the institution or public authority and a member of the union or if appropriate a representative of employees with experience and knowledge in the position for which promotion is made

(2) The examination designated by administrative action by the authorizing officer will evaluate the candidate in the promotion examination according to the following criteria

a) theoretical knowledge required for the position assessed

b) behavior in crisis situations

c) communication skills

d) the ability of synthesis

(3) The criteria set out in para (2) a) shall be based on a written test of the the employees field of expertise and certifying the degree of accumulation of professional experience in the field The written test can be sat for as a multiple-choice test

(4) The criteria set out in para (2) b) - d) are evaluated in the interview

(5) The examination board may establish other specific evaluation criteria that will be assessed during the interview such as

a) complexity initiative creativity and diversity of activities

b) judgment and the impact of decisions

c) influence coordination and supervision Art 68 - (1) In the examination or promotion contest each of the two tests or the

written or practical test as appropriate including the interview shall be marked with a maximum score of 100 points

(2) The members of the examination award individual scores for each of the two tests referred to in para (1) recorded in the scoring sheet

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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17

(3) The final score of each of the two tests is calculated as the arithmetic average of the scores under par (2)

Art 69 - (1) contest or promotion exam score is calculated as the arithmetic average of the scores obtained in each of the final two tests written or practical as appropriate and interview

(2) The minimum passing score is 50 points Art 70 - (1) After the results obtained dissatisfied candidates may appeal within 48 hours of notification (2) Settlement of complaints and the results thereof shall be made within one working day after the deadline for submission of appeals

Art 71 - (1) For the settlement of appeals by an administrative officer

committee for solving complaints is made up consisting of 3 members (2) Membership in the examination is incompatible with membership of the

committee responsible for review (3) The members of the committee responsible for review must have experience

and knowledge in the position for which promotion is made Art 72 - (1) In the event that the person cannot obtain the minimum score

heshe can sit for a new promotion or competition exam in maximum 3 months (2) Until passing the exam or contest the person remains assigned to the

previously held professional degree stage

Art 73 Following the promotion the employee job description shall be completed with new responsibilties pertaining to the job

CHAPTER III

Rules regarding the respect of the principle of non-discrimination and dismissal of any form of dignity infringement

Art 74 Within the University in labor relations the working principle is that of equal treatment of all employees and the principle of non-discrimination and equal opportunities between women and men are respected Labor relations are based on the consensus principle and good faith Art 75 Any employee who performs work in the university benefits from respect of dignity and conscience without any discrimination Art 76 (1) Any direct or indirect discrimination of employees based on gender sexual orientation genetic features age nationality race color ethnicity religion political opinion social origin disability marital status or responsibility membership or activity in unions is forbidden

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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18

(2) The actions considered being direct discrimination acts and acts of exclusion distinction restriction or preference based on one or more of the criteria set out in para (1) which have the purpose or result in denial restriction or exclusion recognition enjoyment or exercise of employees rights The actions and deeds or acts apparently based on criteria other than the above but have any direct discriminatory consequences are considered to be direct discrimination

Art 77 Employees will be given the right to equal pay for equal work the right to individual and collective bargaining the right to protection from disclosure of personal information the right to protection against unlawful dismissal Art 78 (1) It is forbidden to ask a job candidate to perform present a pregnancy test or to sign a pledge that she will not get pregnant which would bear on the validity of the individual employment contract (2) The provisions of par (1) shall not apply in the case of prohibited jobs for pregnant and or breastfeeding women due to working conditions

Art 79 It is forbidden that decisions related to a person be affected by the acceptance or rejection of the conduct of a person related to harassment or sexual harassment thereof Art 80 It shall be considered as sex-based discrimination the conduct defined as harassment or sexual harassment aimed at a) creating an intimidating hostile workplace atmosphere or daunting for the person b) negative influence of the employee situation regarding promotion remuneration or income of any kind or access to training education and professional development if heshe refuses to accept unwanted behavior - verbal nonverbal or physical ndash related to sexual life Art 81 The refusal to employ a person who does not meet the job requirements and standards as long as it is not discriminatory act shall not constitute a breach of this Regulation Art 82 Any conduct nationalist character - jingoistic incitement to racial or national hatred or any behavior aimed at achieving dignity or creating an atmosphere hostile degrading humiliating or offensive directed against a person or group people shall be considered a violation of this regulation Art 83 Measures to promote equal opportunities between women and men and to eliminate direct and indirect discrimination on grounds of sex are in accordance with Law no 2022002 - reissued - on equality between women and men Art 84 The violation of the rules on non-discrimination and the removal of all forms of violation of dignity constitute misconduct

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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19

CHAPTER IV

Managing working and leave time Art 85 (1) The duration of working time of each full-time employee is 8 hours per day and 40 hours per week for auxiliary and contract staff and is performed 5 days working week (2) The work expanded to more than 48 hours week annual average will be subject only to the law and the applicable collective labor contract (3) The program is set for Monday through Friday between 730-1530 with a lunch break of 15 minutes which is included in the length of the working day (4) for the teaching staff the organization of working time complies with the provisions of Law no 12011 ndash the Law of Education ndash reissued and the provisions of the Collective Labor Agreement at the university level on the teaching quota and on the distribution of working hours in the week (5) The management of the university has the right within the limits imposed by legislation and procedures to alter schedule as required Art 86 Overtime work can be done in the cases and conditions provided by law the applicable collective labor contract and with prior approval of the CMU managing structures Art 87 (1) At the beginning and end of working hours each employee regardless of the position heshe holds except teaching staff shall sign the attendance register indicating time of arrival and departure time which will be checked regularly by the Human Resources Office (2) The attendance register will note delays and gaps in the program specifying whether or not they are justified (3) If the delay or absence was due to unforeseen circumstances or reasons beyond the control of the employee (illness accident etc) The employee is required to inform the following two days the head compartment he she is part of Art 88 The situation of this work attendance is prepared by the staff with responsibilities in this regard is supervised by the head of department or his deputy who has delegation of competence for this activity and transmitted to the Human Resources Office no later than the 3rd of the month following expiry month After submission to the Human Resources Office this situation can be changed only with the written and motivated approval of the chief who endorsed it Registrations of false information in the register is a serious offense and will be penalized according to the provisions of this Regulation Art 89 The university management may grant by law leave without pay at the motivated request of interested employees

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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20

Art 90 Programming the leaves is made at the end of each year for the next year Proposals of programming leaves are made by the management of each department and approved by the university management The order and physical performance of the leaves will be fixed by installments throughout the year taking into account the proper conduct of activity and the interests of employees Art 91 Employees are entitled to sick leave according to the law Sick leave shall be submitted to the Human Resources Office within 3 days of release the signed acknowledgment on white copy (back) of the chief Art 92 The Human Resources Office will keep track of delays consent sick leave study leave without pay and holidays Art 93 Entering the university premises for persons who are not employees of the institution shall be handled by each department involved in solving their problems Art 94 The management of each department will hold daily control at the end of the program the way in which employees meet their obligations in terms of closing windows locking offices cupboards and filing cabinets and turning off lights etc Art 95 The provisions of this Regulation on the organization of work and rest is filled according to the collective labor agreement applicable to CMU and according to the specific legislation

CHAPTER V

Rights and obligations of university and university employees

1 Rights and obligations of University Management

Art 96 The university management has a duty to take all measures to ensure appropriate work conditions for the institution Art 97 The university management shall ensure proper organization of the whole activity in order to provide efficient management of cash funds and materials to this effect it sets abiding by the law rules of labor discipline obligations of employees and their liability in case of breach of work duties Art 98 The institution management of the mainly have the following rights a) establishing the organization and functioning of the unit b) establish appropriate tasks for each employee and department according to the law c) give instructions binding the employee on their legality d) exercise control over the performance of duties e) to assess the disciplinary offenses and apply appropriate sanctions according to the law the collective labor agreement and the applicable rules of procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

21

f) establish the organizational structure of institutions and organizational structures fields Art 99 The Institution Management of the have the following obligations a) ensure rational use of labor force maintaining the number of employees to carry out their duties strictly required b) aims to raise the professional qualification of employees their promotion in relation to the preparation of the results obtained from annual evaluations and requirements and or needs for the proper functioning of the institution c) examines critical comments suggestions and proposals for action made by employees of the institution d) organizes working time in specific reports as required in order to ensure the functionality and compliance with legal duration of working time and rest e) ensures compliance with legal regulations on working time and rest as well as any other legal rights for employees f) pays all contributions and taxes in their jurisdiction and retains and pays contributions and taxes payable by employees according to the law g) informs employees of the work conditions and on issues related to employment relationships h) provides permanent technical and organizational conditions considered in developing appropriate labor standards and working conditions i) all rights granted to employees under the law the applicable collective agreement and individual employment contracts j) shall regularly convey to employees the economic and financial situation of the unit k) shall consult with the union or where appropriate with representatives of employees on decisions likely to substantially affect their rights and interests l) establishes the general register of employees as required by law and operates entries provided by law m) shall upon request issue all documents evidencing the status of employee for the applicant n) ensures confidentiality of personal data of employees a) prevents and sanctions by law any form of discrimination p) assesses the disciplinary offenses and imposes sanctions under the law in force the collective labor agreement and the internal regulation

2 Rights and obligations of employees

Art 100 University employees have under the Labour Code the following rights a) the right to remuneration for their work b) the right to meal breaks daily and weekly rest c) The right to public holidays and annual leave d) the right to dignity at work e) The right to equal opportunities and treatment f) the right to safety and health at work g) the right of access to training h) the right to information and consultation

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

22

i) the right to take part in the determination and improvement of working conditions and working environment j) the right to protection in cases of dismissal k) The right to bargain collectively and individually l) the right to participate in legal collective activities m) the right to form or join a union

Art 101 University employees must comply with all their obligations under the law the applicable collective labor agreement and the rules of conduct the individual labor contracts including the job description and internal rules Mainly University employees have the following obligations a) comply strictly with their functions in the job description and the tasks assigned hierarchically with accountability competence efficiency fairness and conscientiousness b) to comply with the order and discipline at the workplace c) to comply with schedule and make effective use of working time d) be familiar with the tasks that have to be executed e) to acquire professional knowledge of duties attend training courses or courses organized for this purpose f) to comply with security measures and occupational health in school work safety regulations and fire prevention or any other situation that could endanger the life and physical integrity personal health or that of other persons buildings etc g) to comply with access rules in the institution to take steps to remove any person if their presence could cause a safety hazard or hinder the normal operation of the institution h) in cases of force majeure are obliged to know participate and ensure the civilian protection measures i) to be present for work in proper condition to fulfill their duties in good conditions j) notify the chief supervisor as soon as they became aware of irregularities misconduct hardship or deprivation k) to know and comply with the internal regulations in the applicable collective labor contract and the individual labor contract l) employees are required to effectively use working time and facilities to solve duties pertaining to their position m) to maintain cleanliness in the workplace and in all places of common use n) to secure official documents at the end of working hours After working hours it is forbidden to leave appliances plugged in except computer and tactical equipment (fax servers communications etc) and lighting installations a) not to leave unattended during working hours machinery and equipment in operation p) be faithful to the university of their duties q) to observe secrecy r) hold patrimonial liability under the rules and contractual liability for material damages bore to the University of their own guilt or as a consequence of their work s) comply with the principles of impartiality and non-discrimination

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 4: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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4

e) Research assistant for an indefinite period f) Senior Researcher III g) Senior Researcher II h) Senior Researcher I Art 14 Constanta Maritime University can organize a competition for a teaching position only if this is declared vacant Art 15 A position is considered vacant if so provided in the employment list of the department drawn annually or being declared vacant during the academic year Art 16 A position becomes vacant in one of the following ways a) termination of employment by retirement death resignation dismissal or otherwise termination of employment according to law b) transferring the person occupying another position within the same institution of higher education as a result of winning a contest (4) The teaching and research positions cannot be displayed for competition by transformation Art 17 The departments with a vacancy rate of over 70 can not set out teaching positions for contest Art 18 The proposal for setting out a teaching position is formulated by the management department in conjunction with the desiderate inscribed in the institution strategic plan and financial resources scheme Art 19 Upon approval of the Teaching staff Council The Dean addresses to the University Senate the contest application for the post or posts in question Art 20 The public announcement of the contest is to be made with at least 2 months before the deadline for registration of candidates Notices shall be published at least the following ways a) on the first page of the website of the higher education institution b) on a specialized website administered by the Ministry of Education Youth and Sports c) in the Official Gazette Art 21 Constanta Maritime University and the Ministry of Education Youth and Sports may make the competitions public by additional means including publication in the media national and international scientific publications on websites specializing in the publication of job offers and more of the sort Art 22 The website of the contest Constanta Maritime University shall publish the following information a) description of the vacant position b) tasks activities pertaining to the vacant position including teaching quota and types of activities included in the teaching research quota respectively c) a minimum wage job classification at the time of employment d) the competition calendar e) evidence of the contest theme including lectures courses or subjects or out of which the contest board can choose the actual subjects to be defended f) description of the competition procedure g) list of documents that applicants must include in their application files h) the address where the competition file is to be sent i) notices relating to positions of associate professor and professor will be published in English

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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5

Art 23 The websites of the competition managed by Constanta Maritime University or by the Ministry of Education Youth and Sports respectively shall publish at the latest within 5 working days from the deadline for entering the contest for each of the candidates and with the protection of personal data within the boundaries of the law as follows a) curriculum vitae b) statement verifying the fulfillment of minimum standards c) the nominal composition of the contest board Art 24 (1) Persons who are spouses in-laws and relatives in the third degree including one or more candidates may not directly or through intermediaries a) participate in the decision on the appointment of the competition board b) be members or alternate members of the competition c) be engaged in professional or administrative assessment decisions in the contest d) be involved in resolving complaints (2) The following persons cannot be involved in the process of competition a) employees of the same institution as a candidate who holds a management position and are hierarchically subordinate to this candidate b) persons who are in a direct contractual relationship with one or more candidates or by companies in which they hold shares c) persons who are or have been involved in joint research grants with one or more candidates Art 25 If case there be that after a candidate winning a contest one or more persons from the higher education institution are to be found in a situation of incompatibility under art Article 295 (4) of the Law of National Education no 12011 the appointment and granting of the university title by the higher education institution may take place only after solving the situation the incompatibilities The Ministry of Education Youth and Sports shall be notified on the manner to resolve the situation of incompatibility within 2 working days since filing the complaint Art 26 (1) Constanta Maritime University organizes competition for a teaching position only with the approval of the Ministry of Education Youth and Sports (2) Constanta Maritime University will submit to MECTS the demand for approval together with the following documents a) list of proposed positions and their structure signed and stamped by the rector of the higher education institution b) the extract from the employment list with the vacancies signed by the rector the dean and the head of department or the head of the doctoral school c) affidavit of the rector of the higher education institution stating that all vacancies proposed to be set out comply with the structure of specialized curricula study programs established for legal studies including the form of education and location d) the methodology of the competition (3) Request for approval from the Ministry of Education Youth and Sports is made compulsory within 30 calendar days from the beginning of each academic semester (4) the procedure for granting approval to set out for competition teaching positions the Ministry of Education Research Youth and Sports verifies the structure and teaching loads in relation to the legal provisions in force (5) Notices of Vacancies shall be made only for the positions that have received a favorable opinion from the Ministry of Education Youth and Sports

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

6

(6) Positions not approved by the Ministry of Education Youth and Sports shall not be set out for competition (7) The proposal for organizing the contest for a vacancy shall be made by the Head of the specific structure by report endorsed by the council of the department and the faculty council The list of suggested positions to be filled by competition is approved by the dean and forwarded to CMU board which forwards them to the Senate Based on this analysis the Senate prepares the draft resolution where the positions shall be individualized with a favorable set out mark for competition The draft decision will also mention the applications which have not received the favorable opinion of the Senate and the grounds for refusal Senators shall be distributed the draft resolution in print prior to the meeting Constanta Maritime University Senate shall decide upon the draft resolution by open ballot

SUBCHAPTER II3

CONDITIONS FOR SIGNING UP IN THE COMPETITION FOR FILLING A TEACHING POSITION

Art 27 (1) The conditions for entering the competition for teaching positions are (11) For the position of junior lecturer the following are required cumulatively a) holding the PhD Degree b) performance standards vacancy lecturer teaching indefinitely specific function provided by its own methodology (12) For the position of senior lecturer lecturer are required cumulatively a) holding the PhD degree b) compliance with national minimum standards for filling teaching positions specific to the teaching position of senior lecturer lecturer approved by the Minister of Education Youth and Sports under art 219 paragraph (1) of the Law of National Education Law 12011 c) compliance with the minimum standards for employment on teaching positions specific to the position of senior lecturer lecturer under their own methodology (13) For the position of associate professor the following are required cumulatively a) holding the PhD degree b) compliance with national minimum standards for filling teaching positions specific to the teaching of associate professor approved by the Minister of Education Youth and Sports under art 219 paragraph (1) National Education Law Law 12011 c) compliance with the minimum standards of teaching vacancy specific teaching position of associate professor under their own methodology (14) For the position of professor the following are required cumulatively a) holding the PhD degree b) holding the certificate of entitlement c) compliance with national minimum standards for filling teaching positions specific to the position of professor approved by the Minister of Education Youth and Sports under art 219 paragraph (1) of the Law of National Education Law 12011

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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7

d) completion of minimum employment standards of teaching positions specific to the position of professor under their own methodology Art 28 For the enrollment in the contest for a teaching position the candidate shall prepare a file containing the following documents a) the application for the contest signed by the candidate accompanied by a sworn statement about the veracity of the information presented in the file b) a proposal for the development of academic career both in terms of teaching as well as in terms of scientific research proposal written by the candidate should hold a maximum of 10 pages and is one of the main criteria for the candidates c) curriculum vitae of the candidate in writing form electronically d) list of candidate scientific papers written electronic e) statement verifying the fulfillment of standards in the contest and or post employment f) documents related to the PhDdegree a certified copy of the PhDdegree and if the original PhDdegree is not recognized in Romania a certificate of recognition or equivalence thereof g) summary in Romanian and English of the t PhD thesis or where appropriate habilitation thesis on one page maximum h) affidavit of the applicant that there is no incompatibility with the Law 12011 the Law of National Education and the government decision i) if the contest is for the post of professor a certified copy of certificate of entitlement is required j) copies of other certificates attesting to the applicants studies k) a copy of the identity card l) If the candidate has changed hisher name copies of documents evidencing the change of name - marriage certificate or proof of name change m) more than 10 publications patents or other scientific work of the candidate in electronic format selected and deemed to be most relevant to their professional achievements n) If one or more publications are available in electronic format the applicant shall submit the file a copy of the book monograph whose author heshe is the conference site where work was defended ISSN Proceeding etc Art 29 The Curriculum vitae of the candidate should include a) information about studies and diplomasdegrees obtained b) information about work experience and jobs c) information about research and development projects that heshe led as project manager and grants obtained if there are such projects or grants indicating for each source of funding amount of funding and main publications and patents resulted thereby d) information about the awards or other recognition of the scientific contributions of the candidate Art 30 The List of scientific papers of the applicant will be structured as follows a) the list of scientific papers out of which in excerpt the list of more than 10 works considered to be the most relevant candidate for professional achievements which are

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

8

included in the file electronically and can be found in other categories of works under this article For the post of professor there will be specified only the list of scientific papers carried out after obtaining the certificate of entitlement b) PhD thesis or theses c) Patents and other intellectual and industrial property titles d) books and chapters in books e) articles studies in full published in the main international scientific journals publications in full the principal scientific papers published in international scientific conferences f) other papers and scientific contributions or where appropriate of artistic creation Art 31 Candidates for the position of associate professor must include in the file at least 3 names and contact addresses of personalities in this field in the country or abroad outside the higher education institution whose post is put up which accepted to write letters of recommendation regarding the applicants professional qualities The candidates for the position of professor must include in the file at least 3 names and contact addresses of personalities in the respective field from foreign institutions of higher education and research in the list approved by the Ministry of Education Youth and Sports developed according to art 216 paragraph 2 item f of the Law of National Education 12011 The domains-specific credentials for candidates for the position of professor may come from some personalities in this field from Romania outside the higher education institution whose post is put up or competition Art 32 The application file is set up by the candidate and submitted to Constanta Maritime University 104 Mircea cel Batran Street specified on the Contest website or through postal or courier services for the confirmation of receipt The application file is sent to the members of the contest board starting from the closing date for application process of competition no later than 5 working days before the first part of the competition Art 33 The Legal Department of Constanta Maritime University will certify that the candidate fulfills the legal requirements by written approval The opinion will be communicated to the candidate within 48 hours of the issuance to but no less than 5 working days before the first part of the competition Art 34 If the number of candidates for a job that met the legal conditions for competition is less than or equal to 5 all candidates shall be invited by the institution of higher education to defend the assignments If the number of candidates for a job that met the legal conditions of competition is greater than 5 the contest board may preselect based on the application files and according to their methodology at least 5 candidates to sit for the contest Art 35 The contest board evaluates each candidate in terms of the following a) the relevance and impact of the scientific results of the candidate b) the candidates ability to guide students and young researchers

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

9

c) the candidates teaching skills d) the applicants ability to transfer knowledge and results to the economic or social or publicize their scientific results e) the candidates ability to work in teams and efficiency of its scientific collaborations f) the candidates ability to conduct research and development projects g) the applicants professional experience in other institutions than the institution which set out the post for competition especially the experience in higher education and research institutions from the list approved by the Ministry of Education Youth and Sports issued under Art 216 paragraph 2 item f of the Law of National Education 12011 Art 36 The contest board shall evaluate the candidates professional competence exclusively by one or more competition tests (specific to the teaching position) including lectures classes and the like For all posts at least one contest is represented by a public lecture of at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This sample contains necessarily a session of questions from the committee and the public The higher education institution shall announce on the website the contest date time and place of this trial Art 37 (1) Establishing the composition of the contest board is done after publication of the notice to put out for contest each open position and is made by the department whose teaching position belongs to (2) The composition of the contest board can include alternates (3) The Council department whose structure contains the specific position makes proposals for the composition of the contest board (4) The composition of the contest board is approved by the Dean of Faculty based on the proposals set out in para (3) and is approved by the faculty council (5) The nominal composition of the contest board along with the approval of the faculty is submitted for approval to the University Senate (6) Following the approval of the senate the contest board is appointed by decision of the Rector (7) Within 48 hours of the decision of the Rectors decision this is sent to the Ministry of Education Youth and Sports and published on the competition website For the positions of associate professor and professor the composition of the contest board is published in the Official Gazette Art 38 (1) The contest consists of 5 members including its president specialists in the specific position field or in related fields (2) In case of unavailability for participation of one member from the Committee that member shall be replaced by alternates appointed by the same procedure as the contest board members (3) The decisions of the contest board are taken by secret ballot of the members A decision of the Board shall be valid if it had the vote of at least three members of the board (4) The activity of the contest board is run by a president

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

10

(5) The members of the contest board are from Constanta Maritime University or an institution from the country or abroad (6) For the filling of the position of associate professor or professor at least three contest board members must be from outside the institution that organizes the contest from the country or abroad (7) For the filling of the position of professor except for positions with a Romanian specificity at least one member has an employment contract at the date of publication in the official gazette of setting out the specific position for contest with an educational institution foreign education and research which is included in the list approved by the Minister of Education Youth and Sports issued under Art 216 paragraph 2 item f of the Law of National Education 12011 upon proposal of CNATDCU and CNCS (8) Members of the competition must have a superior teaching degree or at least equal to that of the vacant position (9) For the exclusive purpose of participation in the contest board the equivalence of the teaching degrees for foreign members with teaching degrees in the country is done by the university senate upon approval of the composition of the contest board (10) The president of the contest is the Dean of Faculty according to its own methodology Art 39 (1) The contest takes place in no more than 45 days after the end of the registration period (2) The contest is to assess scientific work and teaching qualities of the candidates (3) For each position the contest board decides on the hierarchy of candidates and nominates the candidate who obtains the best results (4) The President of the contest board shall report on the contest based on the appraisal reports prepared by each member of the board respecting the hierarchy of candidates decided upon by the board (5) The contest report is approved by decision of the contest board members and signed by each member of the board and the chairman (6) the Faculty Council examines the procedures established by the methodology of the institutions of higher education and grant or deny approval on contest report The hierarchy determined for candidates by the contest board cannot be changed by the faculty council (7) The university senate examines the procedures established by the methodology of the institutions of higher education and approves or denies the contest report The hierarchy of candidates determined by the contest board cannot be changed by the university senate Art 40 (1) The University Senate approves the contest result and the appointment shall be granted by decision of the Rector starting the next semester (2) The decision to appoint and award the academic degree by Constanta Maritime University along with the contest report are to be sent to the Ministry of Education Youth and Sports and CNATDCU within 48 hours of the appointment decision Art 41 If the open position was not filled the contest can be resumed in the next semester with full retake of the competition procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

11

Art 42 The result of the contest will be published on the competition website within 2 working days of the completion of the contest Art 43 Each year no later than September 1 the University prepares an annual report on the organization conduct and completion of contests for teaching positions The report is sent to the Ministry of Education Youth and Sports and CNATDCU

SUBCHAPTER II4

THE CONTEST BOARDS AND CONTEST ORGANIZATION Art 44 The composition of contest boards is proposed by the department council endorsed by the Faculty Council and approved by CMU Senate Decisions to appoint contest boards are compiled by the Deanrsquos Office for the posts of junior lecturer Senior Lecturer Lecturer respectively and by the Rector for the post of associate professor and professor Art 45 (1) The competition takes place within 30 days of the conclusion of the registration period (2) Completion of contest at the level of CMU is mandatory within 45 days from the submission of the contest board report and is operational in assigning successful candidates the basic teaching quota in CMU Art 46 For the post of JUNIOR LECTURER the following requirements are to be met cumulatively a) holding a PhD degree b) at least 5 papers (articles studies) published (author co-author) in journals or in proceedings of conferences with ISBN c) performing a lab class seminar in the presence of contest board members at a scheduled group This part of the contest contains necessarily one session of questions from the committee and the public The university website shall announce the contest date time and place of that trial d) achievement of the minimum score in the Annex of professional assessment Art 47 For a position of SENIOR LECTURER LECTURER candidates must meet the following cumulative conditions a) holding a PhD degree b) certificate of competency (or equivalent) for specific professional disciplines c) more than 10 papers published (author or co-author) in journals or in volumes of scientific conferences wih ISBN d) teaching one course seminar as scheduled in the timetable e) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the board and the public The university shall announce on the website the contest date time and place of that trial f) achieve the minimum score in the Annex of professional assessment

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Art 48 For the position of ASSOCIATE PROFESSOR the following conditions are required cumulatively a) holding a PhD in the job profile b) at least 20 publications (10 as first author) of which at least 2 papers in specialized journals of international circulation (ISI standard) or indexed in an international database-specific to the field c) treaties monographs and books of expertise as sole author published at a CNCSIS publisher with ISBN d) 1 research contract awarded by competition as Project Manager e) the entire scientific activity should meet the specific criteria to the majors graduated set by the Council of National Titles Diplomas and Certificates (CNATDCU) f) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university shall announce on the website the contest date time and place of that trial g) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Senior Lecturer h) achievement of minimum performance indicators in the Annex of professional assessment Art 49 For the position of PROFESSOR the following conditions are required a) holding a PhD in the job profile b) holding a certificate of entitlement c) 2 grants research contracts obtained through competition one of which international and the candidate should have the quality of director in at least one d) have at least three books and three university courses as sole author or first author published in the domain of expertise for the candidate (the publishers recognized by CNCSIS) out of which at least one book and an academic course after the latest promotion e) at least 25 publications (15 as first author) f) all scientific activity to meet the criteria established by CNATDCU g) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university website shall announce the contest date time and place of that trial h) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Associate Professor i) achieve the minimum score in the Annex of professional assessment Art 50 The contest board for the position of associate professor or professor is composed of the Dean as president 4 members of CMU Senate The contest board is made up of lecturers and professors for the position of associate professor ie only of professors for the position of professor

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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SUBCHAPTER II5

COMPLETION OF CONTESTS FOR FILLING TEACHING POSITIONS Art 51 The application files including reports of the examination shall be submitted to the Dean of the faculty who is in charge of debating their result as well as presenting the file and the conclusions of the contest board to the Faculty Council CMU Senate UMC the Dean ensures necessary conditions for consultation of contest materials by members of the Faculty Council Art 52 In the Faculty Council meeting the Dean or the chairman of the contest board presents the summative report (briefing) of the contest board and nominate the candidate with the best performance The Faculty Council validates the competition results by open ballot The contest validation requires the presence of two thirds of the members of the Faculty Council Art 53 Based on the decision of the Faculty Council the Dean shall prepare a statement of the minutes of the meeting of the Faculty Council and attach a copy of the convening notice of the meeting (with the signatures of everybody present) These documents are added to the file of each candidate and submitted to CMU Administrative board within the time prescribed by the latter Art 54 (1) If the Teaching Council rejected the proposal of contest board to declare a candidate as successful the dean shall notify CMU Administrative Board within 24 hours forwarding the application files (2) After consultation with the Dean CMU Administrative Board may decide to use two acknowledged specialists by the university or beyond asking them to evaluate the file At the request of the persons concerned their identity can remain confidential in which case CMU Administrative Board assumes personal responsibility for the authenticity of their conclusions (3) CMU Administrative Board shall consider the legality of the procedure for both competition and candidate performance and presents further evaluation findings when applying this procedure (4) If following the review The Administrative Board considers that the decision of the Faculty Council is thorough and lawful it becomes final and no longer submit the file to CMU Senate If the Board has doubts as to the legality or validity of the Teaching Council decision it shall submit the file to CMU Senate with a reasoned proposal (5) In no case shall the Teaching Council or the Administrative Board declare successful a different candidate than the one proposed by the Contest Board Art 55 (1) The decision of the Faculty Council shall be presented by the Dean and forwarded for validation by the Rector to CMU Senate which verifies the compliance with the competition criteria and procedure and is declared as such by open ballot Decisions are taken by a majority of votes of present members if their number is at least 23 of the total membership

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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14

(2) The faculties are free to introduce their own regulations and other criteria for assessing the educational and scientific activities of the candidates including the opinions of students who have benefited from the teaching performance of a candidate Art 56 The appointment as Junior Lecturer Senior Lecturer Lecturer is made by Rectorrsquos decision from the first day of the semester following the confirmation of the contest by CMU Senate Art 57 Appointment to the position of associate professor professor respectively is made by Rectorrsquos decision based on the Order of the Ministry of Eduaction Research Youth and Sports from the first day of the month following the contest validation by the committee of the Ministry of Education Research Youth and Sports (CNATDCU)

SUBCHAPTER II6

FILLING VACANT POSITIONS BY ASSOCIATE TEACHING STAFF Art 58 (1) The teaching and research staff retire at the age of 65 (2) In higher education it is prohibited the employment of any management or administrative positions at all levels of the university after retirement Mandates of personnel holding management or administration positions at all levels of the university lawfully ceases for the persons who have reached retirement age Exceptions to these rules are members of the administrative board of private universities (3) The University Senate of the state private and denominational universities based on professional performance and the financial situation may decide to continue the activity of a teacher or research specialist after retirement based on a fixed term contract for one year with possibility of extension in compliance with the University Charter with no age limit The University Senate may decide to confer the honorary professor emeritus title for excellence in teaching and research to teachers who have reached the retirement age Retired teachers can be paid on an hourly system Art 59 (1) Teachers and research specialists supervising doctorates retire at the age of 65 and a) can lead PhDs in progress at the time of retirement until the age of 70 years b) after the age of 65 can supervise in PhD students only under the joint supervision with a teacher or a research specialist who reaches the age of retirement during the entire PhD program of studies respectively (2) retired teachers can carry out teaching paid by the hour after the standard retirement age (3) vacant teaching positions or temporary vacancies are covered with priority by permanent teachers of the institution or hourly-paid associate teaching staff according to the Law 1 of 5 January 2011 (4) Employment of scientific experts whose value has been recognized in the field by inventions innovations awards scientific publications in the country or abroad as

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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15

guest professors or associate professors is approved by the department council and approved by the faculty council Art 60 (1) Filling of vacant teaching positions by the associate teaching staff can be for a period of time determined in accordance with Law no 1 of 5 January 2011 from CMU Charter the selection of files organized in the department in compliance with legislation (2) The proposal of associated teaching staff is made by the head of department The Department decision is subject for approval to the Faculty Council Proposals of associated teachers can be made during the semester or the academic year (3) The file for the temporary filling of a vacant teaching position with associated teachers will include a) the applicants request b) Curriculum vitae and list of scientific papers c) List of teaching and scientific works d) Copy of BS MD PhD degree e) Affidavit stating that the respective person is teaching or doing research activities in other universities (4) The Dean of the Faculty shall forward to CMU Senate the file of the associate teacher accompanied by the approval of the Faculty Council Art 61 (1) Vacancies to be filled with associate teachers shall be disclosed at least 30 days before the beginning of the semester by display at the department and published on the university website (2) Temporary employment of associate teachers shall be made by decision of the Rector and the salaries are based on the position held The decision shall specify the period of employment Art 62 (1) Coverage of vacant teaching positions in an hourly system can be done with own teaching staff or associate teaching staff outside CMU Candidates nominated by departments with the approval of the Faculty Council shall meet the requirements of this Regulation on the position in question (2) Associate teaching staff must enroll their scientific results obtained during their activity at UMC in its record

Art 63 The models and pre-defined criteria that are prepared in connection with the filling of teaching positions are shown in the annexes of the Internal Regulation and constitute part of this Regulation

B FOR CONTRACT EMPLOYEES (Order of the Ministry of Education Research Youth and Sports MECTS nr 442215062011)

Art 64 (1) Promotion ensures career development of employed personnel by passing to a higher degree professional rank top level

(2) Promotion of employees with individual employment contract by professional degrees or stages is usually made on a vacant position

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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16

(3) Where there is no vacant position promotion by professional degrees or stages is achieved by transforming the position that a person is qualified for a level immediately above

(4) Promotion by professional degrees or stages of contractual staff in the public sector is made by examination ie competition for vacant positions Art 65 Transformation of occupied positions with a view to promotion for the positions higher education institutions shall be approved by the university senate

Art 66 - (1) The exam or contest to promote by professional degrees or stages for contractual staff consists of a written test and a practical test as appropriate and interview set by the examination board

(2) The practical exam replaces the written test for functions that you need to check practical skills for

(3) To participate in the examination or examination for promotion by professional degrees or stages the candidate must have obtained a very good individual performance appraisal at least twice in the last 3 years

(4) The position of junior employed staff the promotion examination is held usually within 5 days of the end of their debut under the law

Art 67 - (1) The examination board shall consist of three members two members of the institution or public authority and a member of the union or if appropriate a representative of employees with experience and knowledge in the position for which promotion is made

(2) The examination designated by administrative action by the authorizing officer will evaluate the candidate in the promotion examination according to the following criteria

a) theoretical knowledge required for the position assessed

b) behavior in crisis situations

c) communication skills

d) the ability of synthesis

(3) The criteria set out in para (2) a) shall be based on a written test of the the employees field of expertise and certifying the degree of accumulation of professional experience in the field The written test can be sat for as a multiple-choice test

(4) The criteria set out in para (2) b) - d) are evaluated in the interview

(5) The examination board may establish other specific evaluation criteria that will be assessed during the interview such as

a) complexity initiative creativity and diversity of activities

b) judgment and the impact of decisions

c) influence coordination and supervision Art 68 - (1) In the examination or promotion contest each of the two tests or the

written or practical test as appropriate including the interview shall be marked with a maximum score of 100 points

(2) The members of the examination award individual scores for each of the two tests referred to in para (1) recorded in the scoring sheet

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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17

(3) The final score of each of the two tests is calculated as the arithmetic average of the scores under par (2)

Art 69 - (1) contest or promotion exam score is calculated as the arithmetic average of the scores obtained in each of the final two tests written or practical as appropriate and interview

(2) The minimum passing score is 50 points Art 70 - (1) After the results obtained dissatisfied candidates may appeal within 48 hours of notification (2) Settlement of complaints and the results thereof shall be made within one working day after the deadline for submission of appeals

Art 71 - (1) For the settlement of appeals by an administrative officer

committee for solving complaints is made up consisting of 3 members (2) Membership in the examination is incompatible with membership of the

committee responsible for review (3) The members of the committee responsible for review must have experience

and knowledge in the position for which promotion is made Art 72 - (1) In the event that the person cannot obtain the minimum score

heshe can sit for a new promotion or competition exam in maximum 3 months (2) Until passing the exam or contest the person remains assigned to the

previously held professional degree stage

Art 73 Following the promotion the employee job description shall be completed with new responsibilties pertaining to the job

CHAPTER III

Rules regarding the respect of the principle of non-discrimination and dismissal of any form of dignity infringement

Art 74 Within the University in labor relations the working principle is that of equal treatment of all employees and the principle of non-discrimination and equal opportunities between women and men are respected Labor relations are based on the consensus principle and good faith Art 75 Any employee who performs work in the university benefits from respect of dignity and conscience without any discrimination Art 76 (1) Any direct or indirect discrimination of employees based on gender sexual orientation genetic features age nationality race color ethnicity religion political opinion social origin disability marital status or responsibility membership or activity in unions is forbidden

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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18

(2) The actions considered being direct discrimination acts and acts of exclusion distinction restriction or preference based on one or more of the criteria set out in para (1) which have the purpose or result in denial restriction or exclusion recognition enjoyment or exercise of employees rights The actions and deeds or acts apparently based on criteria other than the above but have any direct discriminatory consequences are considered to be direct discrimination

Art 77 Employees will be given the right to equal pay for equal work the right to individual and collective bargaining the right to protection from disclosure of personal information the right to protection against unlawful dismissal Art 78 (1) It is forbidden to ask a job candidate to perform present a pregnancy test or to sign a pledge that she will not get pregnant which would bear on the validity of the individual employment contract (2) The provisions of par (1) shall not apply in the case of prohibited jobs for pregnant and or breastfeeding women due to working conditions

Art 79 It is forbidden that decisions related to a person be affected by the acceptance or rejection of the conduct of a person related to harassment or sexual harassment thereof Art 80 It shall be considered as sex-based discrimination the conduct defined as harassment or sexual harassment aimed at a) creating an intimidating hostile workplace atmosphere or daunting for the person b) negative influence of the employee situation regarding promotion remuneration or income of any kind or access to training education and professional development if heshe refuses to accept unwanted behavior - verbal nonverbal or physical ndash related to sexual life Art 81 The refusal to employ a person who does not meet the job requirements and standards as long as it is not discriminatory act shall not constitute a breach of this Regulation Art 82 Any conduct nationalist character - jingoistic incitement to racial or national hatred or any behavior aimed at achieving dignity or creating an atmosphere hostile degrading humiliating or offensive directed against a person or group people shall be considered a violation of this regulation Art 83 Measures to promote equal opportunities between women and men and to eliminate direct and indirect discrimination on grounds of sex are in accordance with Law no 2022002 - reissued - on equality between women and men Art 84 The violation of the rules on non-discrimination and the removal of all forms of violation of dignity constitute misconduct

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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19

CHAPTER IV

Managing working and leave time Art 85 (1) The duration of working time of each full-time employee is 8 hours per day and 40 hours per week for auxiliary and contract staff and is performed 5 days working week (2) The work expanded to more than 48 hours week annual average will be subject only to the law and the applicable collective labor contract (3) The program is set for Monday through Friday between 730-1530 with a lunch break of 15 minutes which is included in the length of the working day (4) for the teaching staff the organization of working time complies with the provisions of Law no 12011 ndash the Law of Education ndash reissued and the provisions of the Collective Labor Agreement at the university level on the teaching quota and on the distribution of working hours in the week (5) The management of the university has the right within the limits imposed by legislation and procedures to alter schedule as required Art 86 Overtime work can be done in the cases and conditions provided by law the applicable collective labor contract and with prior approval of the CMU managing structures Art 87 (1) At the beginning and end of working hours each employee regardless of the position heshe holds except teaching staff shall sign the attendance register indicating time of arrival and departure time which will be checked regularly by the Human Resources Office (2) The attendance register will note delays and gaps in the program specifying whether or not they are justified (3) If the delay or absence was due to unforeseen circumstances or reasons beyond the control of the employee (illness accident etc) The employee is required to inform the following two days the head compartment he she is part of Art 88 The situation of this work attendance is prepared by the staff with responsibilities in this regard is supervised by the head of department or his deputy who has delegation of competence for this activity and transmitted to the Human Resources Office no later than the 3rd of the month following expiry month After submission to the Human Resources Office this situation can be changed only with the written and motivated approval of the chief who endorsed it Registrations of false information in the register is a serious offense and will be penalized according to the provisions of this Regulation Art 89 The university management may grant by law leave without pay at the motivated request of interested employees

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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20

Art 90 Programming the leaves is made at the end of each year for the next year Proposals of programming leaves are made by the management of each department and approved by the university management The order and physical performance of the leaves will be fixed by installments throughout the year taking into account the proper conduct of activity and the interests of employees Art 91 Employees are entitled to sick leave according to the law Sick leave shall be submitted to the Human Resources Office within 3 days of release the signed acknowledgment on white copy (back) of the chief Art 92 The Human Resources Office will keep track of delays consent sick leave study leave without pay and holidays Art 93 Entering the university premises for persons who are not employees of the institution shall be handled by each department involved in solving their problems Art 94 The management of each department will hold daily control at the end of the program the way in which employees meet their obligations in terms of closing windows locking offices cupboards and filing cabinets and turning off lights etc Art 95 The provisions of this Regulation on the organization of work and rest is filled according to the collective labor agreement applicable to CMU and according to the specific legislation

CHAPTER V

Rights and obligations of university and university employees

1 Rights and obligations of University Management

Art 96 The university management has a duty to take all measures to ensure appropriate work conditions for the institution Art 97 The university management shall ensure proper organization of the whole activity in order to provide efficient management of cash funds and materials to this effect it sets abiding by the law rules of labor discipline obligations of employees and their liability in case of breach of work duties Art 98 The institution management of the mainly have the following rights a) establishing the organization and functioning of the unit b) establish appropriate tasks for each employee and department according to the law c) give instructions binding the employee on their legality d) exercise control over the performance of duties e) to assess the disciplinary offenses and apply appropriate sanctions according to the law the collective labor agreement and the applicable rules of procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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21

f) establish the organizational structure of institutions and organizational structures fields Art 99 The Institution Management of the have the following obligations a) ensure rational use of labor force maintaining the number of employees to carry out their duties strictly required b) aims to raise the professional qualification of employees their promotion in relation to the preparation of the results obtained from annual evaluations and requirements and or needs for the proper functioning of the institution c) examines critical comments suggestions and proposals for action made by employees of the institution d) organizes working time in specific reports as required in order to ensure the functionality and compliance with legal duration of working time and rest e) ensures compliance with legal regulations on working time and rest as well as any other legal rights for employees f) pays all contributions and taxes in their jurisdiction and retains and pays contributions and taxes payable by employees according to the law g) informs employees of the work conditions and on issues related to employment relationships h) provides permanent technical and organizational conditions considered in developing appropriate labor standards and working conditions i) all rights granted to employees under the law the applicable collective agreement and individual employment contracts j) shall regularly convey to employees the economic and financial situation of the unit k) shall consult with the union or where appropriate with representatives of employees on decisions likely to substantially affect their rights and interests l) establishes the general register of employees as required by law and operates entries provided by law m) shall upon request issue all documents evidencing the status of employee for the applicant n) ensures confidentiality of personal data of employees a) prevents and sanctions by law any form of discrimination p) assesses the disciplinary offenses and imposes sanctions under the law in force the collective labor agreement and the internal regulation

2 Rights and obligations of employees

Art 100 University employees have under the Labour Code the following rights a) the right to remuneration for their work b) the right to meal breaks daily and weekly rest c) The right to public holidays and annual leave d) the right to dignity at work e) The right to equal opportunities and treatment f) the right to safety and health at work g) the right of access to training h) the right to information and consultation

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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22

i) the right to take part in the determination and improvement of working conditions and working environment j) the right to protection in cases of dismissal k) The right to bargain collectively and individually l) the right to participate in legal collective activities m) the right to form or join a union

Art 101 University employees must comply with all their obligations under the law the applicable collective labor agreement and the rules of conduct the individual labor contracts including the job description and internal rules Mainly University employees have the following obligations a) comply strictly with their functions in the job description and the tasks assigned hierarchically with accountability competence efficiency fairness and conscientiousness b) to comply with the order and discipline at the workplace c) to comply with schedule and make effective use of working time d) be familiar with the tasks that have to be executed e) to acquire professional knowledge of duties attend training courses or courses organized for this purpose f) to comply with security measures and occupational health in school work safety regulations and fire prevention or any other situation that could endanger the life and physical integrity personal health or that of other persons buildings etc g) to comply with access rules in the institution to take steps to remove any person if their presence could cause a safety hazard or hinder the normal operation of the institution h) in cases of force majeure are obliged to know participate and ensure the civilian protection measures i) to be present for work in proper condition to fulfill their duties in good conditions j) notify the chief supervisor as soon as they became aware of irregularities misconduct hardship or deprivation k) to know and comply with the internal regulations in the applicable collective labor contract and the individual labor contract l) employees are required to effectively use working time and facilities to solve duties pertaining to their position m) to maintain cleanliness in the workplace and in all places of common use n) to secure official documents at the end of working hours After working hours it is forbidden to leave appliances plugged in except computer and tactical equipment (fax servers communications etc) and lighting installations a) not to leave unattended during working hours machinery and equipment in operation p) be faithful to the university of their duties q) to observe secrecy r) hold patrimonial liability under the rules and contractual liability for material damages bore to the University of their own guilt or as a consequence of their work s) comply with the principles of impartiality and non-discrimination

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 5: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

5

Art 23 The websites of the competition managed by Constanta Maritime University or by the Ministry of Education Youth and Sports respectively shall publish at the latest within 5 working days from the deadline for entering the contest for each of the candidates and with the protection of personal data within the boundaries of the law as follows a) curriculum vitae b) statement verifying the fulfillment of minimum standards c) the nominal composition of the contest board Art 24 (1) Persons who are spouses in-laws and relatives in the third degree including one or more candidates may not directly or through intermediaries a) participate in the decision on the appointment of the competition board b) be members or alternate members of the competition c) be engaged in professional or administrative assessment decisions in the contest d) be involved in resolving complaints (2) The following persons cannot be involved in the process of competition a) employees of the same institution as a candidate who holds a management position and are hierarchically subordinate to this candidate b) persons who are in a direct contractual relationship with one or more candidates or by companies in which they hold shares c) persons who are or have been involved in joint research grants with one or more candidates Art 25 If case there be that after a candidate winning a contest one or more persons from the higher education institution are to be found in a situation of incompatibility under art Article 295 (4) of the Law of National Education no 12011 the appointment and granting of the university title by the higher education institution may take place only after solving the situation the incompatibilities The Ministry of Education Youth and Sports shall be notified on the manner to resolve the situation of incompatibility within 2 working days since filing the complaint Art 26 (1) Constanta Maritime University organizes competition for a teaching position only with the approval of the Ministry of Education Youth and Sports (2) Constanta Maritime University will submit to MECTS the demand for approval together with the following documents a) list of proposed positions and their structure signed and stamped by the rector of the higher education institution b) the extract from the employment list with the vacancies signed by the rector the dean and the head of department or the head of the doctoral school c) affidavit of the rector of the higher education institution stating that all vacancies proposed to be set out comply with the structure of specialized curricula study programs established for legal studies including the form of education and location d) the methodology of the competition (3) Request for approval from the Ministry of Education Youth and Sports is made compulsory within 30 calendar days from the beginning of each academic semester (4) the procedure for granting approval to set out for competition teaching positions the Ministry of Education Research Youth and Sports verifies the structure and teaching loads in relation to the legal provisions in force (5) Notices of Vacancies shall be made only for the positions that have received a favorable opinion from the Ministry of Education Youth and Sports

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

6

(6) Positions not approved by the Ministry of Education Youth and Sports shall not be set out for competition (7) The proposal for organizing the contest for a vacancy shall be made by the Head of the specific structure by report endorsed by the council of the department and the faculty council The list of suggested positions to be filled by competition is approved by the dean and forwarded to CMU board which forwards them to the Senate Based on this analysis the Senate prepares the draft resolution where the positions shall be individualized with a favorable set out mark for competition The draft decision will also mention the applications which have not received the favorable opinion of the Senate and the grounds for refusal Senators shall be distributed the draft resolution in print prior to the meeting Constanta Maritime University Senate shall decide upon the draft resolution by open ballot

SUBCHAPTER II3

CONDITIONS FOR SIGNING UP IN THE COMPETITION FOR FILLING A TEACHING POSITION

Art 27 (1) The conditions for entering the competition for teaching positions are (11) For the position of junior lecturer the following are required cumulatively a) holding the PhD Degree b) performance standards vacancy lecturer teaching indefinitely specific function provided by its own methodology (12) For the position of senior lecturer lecturer are required cumulatively a) holding the PhD degree b) compliance with national minimum standards for filling teaching positions specific to the teaching position of senior lecturer lecturer approved by the Minister of Education Youth and Sports under art 219 paragraph (1) of the Law of National Education Law 12011 c) compliance with the minimum standards for employment on teaching positions specific to the position of senior lecturer lecturer under their own methodology (13) For the position of associate professor the following are required cumulatively a) holding the PhD degree b) compliance with national minimum standards for filling teaching positions specific to the teaching of associate professor approved by the Minister of Education Youth and Sports under art 219 paragraph (1) National Education Law Law 12011 c) compliance with the minimum standards of teaching vacancy specific teaching position of associate professor under their own methodology (14) For the position of professor the following are required cumulatively a) holding the PhD degree b) holding the certificate of entitlement c) compliance with national minimum standards for filling teaching positions specific to the position of professor approved by the Minister of Education Youth and Sports under art 219 paragraph (1) of the Law of National Education Law 12011

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

7

d) completion of minimum employment standards of teaching positions specific to the position of professor under their own methodology Art 28 For the enrollment in the contest for a teaching position the candidate shall prepare a file containing the following documents a) the application for the contest signed by the candidate accompanied by a sworn statement about the veracity of the information presented in the file b) a proposal for the development of academic career both in terms of teaching as well as in terms of scientific research proposal written by the candidate should hold a maximum of 10 pages and is one of the main criteria for the candidates c) curriculum vitae of the candidate in writing form electronically d) list of candidate scientific papers written electronic e) statement verifying the fulfillment of standards in the contest and or post employment f) documents related to the PhDdegree a certified copy of the PhDdegree and if the original PhDdegree is not recognized in Romania a certificate of recognition or equivalence thereof g) summary in Romanian and English of the t PhD thesis or where appropriate habilitation thesis on one page maximum h) affidavit of the applicant that there is no incompatibility with the Law 12011 the Law of National Education and the government decision i) if the contest is for the post of professor a certified copy of certificate of entitlement is required j) copies of other certificates attesting to the applicants studies k) a copy of the identity card l) If the candidate has changed hisher name copies of documents evidencing the change of name - marriage certificate or proof of name change m) more than 10 publications patents or other scientific work of the candidate in electronic format selected and deemed to be most relevant to their professional achievements n) If one or more publications are available in electronic format the applicant shall submit the file a copy of the book monograph whose author heshe is the conference site where work was defended ISSN Proceeding etc Art 29 The Curriculum vitae of the candidate should include a) information about studies and diplomasdegrees obtained b) information about work experience and jobs c) information about research and development projects that heshe led as project manager and grants obtained if there are such projects or grants indicating for each source of funding amount of funding and main publications and patents resulted thereby d) information about the awards or other recognition of the scientific contributions of the candidate Art 30 The List of scientific papers of the applicant will be structured as follows a) the list of scientific papers out of which in excerpt the list of more than 10 works considered to be the most relevant candidate for professional achievements which are

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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included in the file electronically and can be found in other categories of works under this article For the post of professor there will be specified only the list of scientific papers carried out after obtaining the certificate of entitlement b) PhD thesis or theses c) Patents and other intellectual and industrial property titles d) books and chapters in books e) articles studies in full published in the main international scientific journals publications in full the principal scientific papers published in international scientific conferences f) other papers and scientific contributions or where appropriate of artistic creation Art 31 Candidates for the position of associate professor must include in the file at least 3 names and contact addresses of personalities in this field in the country or abroad outside the higher education institution whose post is put up which accepted to write letters of recommendation regarding the applicants professional qualities The candidates for the position of professor must include in the file at least 3 names and contact addresses of personalities in the respective field from foreign institutions of higher education and research in the list approved by the Ministry of Education Youth and Sports developed according to art 216 paragraph 2 item f of the Law of National Education 12011 The domains-specific credentials for candidates for the position of professor may come from some personalities in this field from Romania outside the higher education institution whose post is put up or competition Art 32 The application file is set up by the candidate and submitted to Constanta Maritime University 104 Mircea cel Batran Street specified on the Contest website or through postal or courier services for the confirmation of receipt The application file is sent to the members of the contest board starting from the closing date for application process of competition no later than 5 working days before the first part of the competition Art 33 The Legal Department of Constanta Maritime University will certify that the candidate fulfills the legal requirements by written approval The opinion will be communicated to the candidate within 48 hours of the issuance to but no less than 5 working days before the first part of the competition Art 34 If the number of candidates for a job that met the legal conditions for competition is less than or equal to 5 all candidates shall be invited by the institution of higher education to defend the assignments If the number of candidates for a job that met the legal conditions of competition is greater than 5 the contest board may preselect based on the application files and according to their methodology at least 5 candidates to sit for the contest Art 35 The contest board evaluates each candidate in terms of the following a) the relevance and impact of the scientific results of the candidate b) the candidates ability to guide students and young researchers

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c) the candidates teaching skills d) the applicants ability to transfer knowledge and results to the economic or social or publicize their scientific results e) the candidates ability to work in teams and efficiency of its scientific collaborations f) the candidates ability to conduct research and development projects g) the applicants professional experience in other institutions than the institution which set out the post for competition especially the experience in higher education and research institutions from the list approved by the Ministry of Education Youth and Sports issued under Art 216 paragraph 2 item f of the Law of National Education 12011 Art 36 The contest board shall evaluate the candidates professional competence exclusively by one or more competition tests (specific to the teaching position) including lectures classes and the like For all posts at least one contest is represented by a public lecture of at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This sample contains necessarily a session of questions from the committee and the public The higher education institution shall announce on the website the contest date time and place of this trial Art 37 (1) Establishing the composition of the contest board is done after publication of the notice to put out for contest each open position and is made by the department whose teaching position belongs to (2) The composition of the contest board can include alternates (3) The Council department whose structure contains the specific position makes proposals for the composition of the contest board (4) The composition of the contest board is approved by the Dean of Faculty based on the proposals set out in para (3) and is approved by the faculty council (5) The nominal composition of the contest board along with the approval of the faculty is submitted for approval to the University Senate (6) Following the approval of the senate the contest board is appointed by decision of the Rector (7) Within 48 hours of the decision of the Rectors decision this is sent to the Ministry of Education Youth and Sports and published on the competition website For the positions of associate professor and professor the composition of the contest board is published in the Official Gazette Art 38 (1) The contest consists of 5 members including its president specialists in the specific position field or in related fields (2) In case of unavailability for participation of one member from the Committee that member shall be replaced by alternates appointed by the same procedure as the contest board members (3) The decisions of the contest board are taken by secret ballot of the members A decision of the Board shall be valid if it had the vote of at least three members of the board (4) The activity of the contest board is run by a president

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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(5) The members of the contest board are from Constanta Maritime University or an institution from the country or abroad (6) For the filling of the position of associate professor or professor at least three contest board members must be from outside the institution that organizes the contest from the country or abroad (7) For the filling of the position of professor except for positions with a Romanian specificity at least one member has an employment contract at the date of publication in the official gazette of setting out the specific position for contest with an educational institution foreign education and research which is included in the list approved by the Minister of Education Youth and Sports issued under Art 216 paragraph 2 item f of the Law of National Education 12011 upon proposal of CNATDCU and CNCS (8) Members of the competition must have a superior teaching degree or at least equal to that of the vacant position (9) For the exclusive purpose of participation in the contest board the equivalence of the teaching degrees for foreign members with teaching degrees in the country is done by the university senate upon approval of the composition of the contest board (10) The president of the contest is the Dean of Faculty according to its own methodology Art 39 (1) The contest takes place in no more than 45 days after the end of the registration period (2) The contest is to assess scientific work and teaching qualities of the candidates (3) For each position the contest board decides on the hierarchy of candidates and nominates the candidate who obtains the best results (4) The President of the contest board shall report on the contest based on the appraisal reports prepared by each member of the board respecting the hierarchy of candidates decided upon by the board (5) The contest report is approved by decision of the contest board members and signed by each member of the board and the chairman (6) the Faculty Council examines the procedures established by the methodology of the institutions of higher education and grant or deny approval on contest report The hierarchy determined for candidates by the contest board cannot be changed by the faculty council (7) The university senate examines the procedures established by the methodology of the institutions of higher education and approves or denies the contest report The hierarchy of candidates determined by the contest board cannot be changed by the university senate Art 40 (1) The University Senate approves the contest result and the appointment shall be granted by decision of the Rector starting the next semester (2) The decision to appoint and award the academic degree by Constanta Maritime University along with the contest report are to be sent to the Ministry of Education Youth and Sports and CNATDCU within 48 hours of the appointment decision Art 41 If the open position was not filled the contest can be resumed in the next semester with full retake of the competition procedure

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Art 42 The result of the contest will be published on the competition website within 2 working days of the completion of the contest Art 43 Each year no later than September 1 the University prepares an annual report on the organization conduct and completion of contests for teaching positions The report is sent to the Ministry of Education Youth and Sports and CNATDCU

SUBCHAPTER II4

THE CONTEST BOARDS AND CONTEST ORGANIZATION Art 44 The composition of contest boards is proposed by the department council endorsed by the Faculty Council and approved by CMU Senate Decisions to appoint contest boards are compiled by the Deanrsquos Office for the posts of junior lecturer Senior Lecturer Lecturer respectively and by the Rector for the post of associate professor and professor Art 45 (1) The competition takes place within 30 days of the conclusion of the registration period (2) Completion of contest at the level of CMU is mandatory within 45 days from the submission of the contest board report and is operational in assigning successful candidates the basic teaching quota in CMU Art 46 For the post of JUNIOR LECTURER the following requirements are to be met cumulatively a) holding a PhD degree b) at least 5 papers (articles studies) published (author co-author) in journals or in proceedings of conferences with ISBN c) performing a lab class seminar in the presence of contest board members at a scheduled group This part of the contest contains necessarily one session of questions from the committee and the public The university website shall announce the contest date time and place of that trial d) achievement of the minimum score in the Annex of professional assessment Art 47 For a position of SENIOR LECTURER LECTURER candidates must meet the following cumulative conditions a) holding a PhD degree b) certificate of competency (or equivalent) for specific professional disciplines c) more than 10 papers published (author or co-author) in journals or in volumes of scientific conferences wih ISBN d) teaching one course seminar as scheduled in the timetable e) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the board and the public The university shall announce on the website the contest date time and place of that trial f) achieve the minimum score in the Annex of professional assessment

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Art 48 For the position of ASSOCIATE PROFESSOR the following conditions are required cumulatively a) holding a PhD in the job profile b) at least 20 publications (10 as first author) of which at least 2 papers in specialized journals of international circulation (ISI standard) or indexed in an international database-specific to the field c) treaties monographs and books of expertise as sole author published at a CNCSIS publisher with ISBN d) 1 research contract awarded by competition as Project Manager e) the entire scientific activity should meet the specific criteria to the majors graduated set by the Council of National Titles Diplomas and Certificates (CNATDCU) f) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university shall announce on the website the contest date time and place of that trial g) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Senior Lecturer h) achievement of minimum performance indicators in the Annex of professional assessment Art 49 For the position of PROFESSOR the following conditions are required a) holding a PhD in the job profile b) holding a certificate of entitlement c) 2 grants research contracts obtained through competition one of which international and the candidate should have the quality of director in at least one d) have at least three books and three university courses as sole author or first author published in the domain of expertise for the candidate (the publishers recognized by CNCSIS) out of which at least one book and an academic course after the latest promotion e) at least 25 publications (15 as first author) f) all scientific activity to meet the criteria established by CNATDCU g) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university website shall announce the contest date time and place of that trial h) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Associate Professor i) achieve the minimum score in the Annex of professional assessment Art 50 The contest board for the position of associate professor or professor is composed of the Dean as president 4 members of CMU Senate The contest board is made up of lecturers and professors for the position of associate professor ie only of professors for the position of professor

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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SUBCHAPTER II5

COMPLETION OF CONTESTS FOR FILLING TEACHING POSITIONS Art 51 The application files including reports of the examination shall be submitted to the Dean of the faculty who is in charge of debating their result as well as presenting the file and the conclusions of the contest board to the Faculty Council CMU Senate UMC the Dean ensures necessary conditions for consultation of contest materials by members of the Faculty Council Art 52 In the Faculty Council meeting the Dean or the chairman of the contest board presents the summative report (briefing) of the contest board and nominate the candidate with the best performance The Faculty Council validates the competition results by open ballot The contest validation requires the presence of two thirds of the members of the Faculty Council Art 53 Based on the decision of the Faculty Council the Dean shall prepare a statement of the minutes of the meeting of the Faculty Council and attach a copy of the convening notice of the meeting (with the signatures of everybody present) These documents are added to the file of each candidate and submitted to CMU Administrative board within the time prescribed by the latter Art 54 (1) If the Teaching Council rejected the proposal of contest board to declare a candidate as successful the dean shall notify CMU Administrative Board within 24 hours forwarding the application files (2) After consultation with the Dean CMU Administrative Board may decide to use two acknowledged specialists by the university or beyond asking them to evaluate the file At the request of the persons concerned their identity can remain confidential in which case CMU Administrative Board assumes personal responsibility for the authenticity of their conclusions (3) CMU Administrative Board shall consider the legality of the procedure for both competition and candidate performance and presents further evaluation findings when applying this procedure (4) If following the review The Administrative Board considers that the decision of the Faculty Council is thorough and lawful it becomes final and no longer submit the file to CMU Senate If the Board has doubts as to the legality or validity of the Teaching Council decision it shall submit the file to CMU Senate with a reasoned proposal (5) In no case shall the Teaching Council or the Administrative Board declare successful a different candidate than the one proposed by the Contest Board Art 55 (1) The decision of the Faculty Council shall be presented by the Dean and forwarded for validation by the Rector to CMU Senate which verifies the compliance with the competition criteria and procedure and is declared as such by open ballot Decisions are taken by a majority of votes of present members if their number is at least 23 of the total membership

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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(2) The faculties are free to introduce their own regulations and other criteria for assessing the educational and scientific activities of the candidates including the opinions of students who have benefited from the teaching performance of a candidate Art 56 The appointment as Junior Lecturer Senior Lecturer Lecturer is made by Rectorrsquos decision from the first day of the semester following the confirmation of the contest by CMU Senate Art 57 Appointment to the position of associate professor professor respectively is made by Rectorrsquos decision based on the Order of the Ministry of Eduaction Research Youth and Sports from the first day of the month following the contest validation by the committee of the Ministry of Education Research Youth and Sports (CNATDCU)

SUBCHAPTER II6

FILLING VACANT POSITIONS BY ASSOCIATE TEACHING STAFF Art 58 (1) The teaching and research staff retire at the age of 65 (2) In higher education it is prohibited the employment of any management or administrative positions at all levels of the university after retirement Mandates of personnel holding management or administration positions at all levels of the university lawfully ceases for the persons who have reached retirement age Exceptions to these rules are members of the administrative board of private universities (3) The University Senate of the state private and denominational universities based on professional performance and the financial situation may decide to continue the activity of a teacher or research specialist after retirement based on a fixed term contract for one year with possibility of extension in compliance with the University Charter with no age limit The University Senate may decide to confer the honorary professor emeritus title for excellence in teaching and research to teachers who have reached the retirement age Retired teachers can be paid on an hourly system Art 59 (1) Teachers and research specialists supervising doctorates retire at the age of 65 and a) can lead PhDs in progress at the time of retirement until the age of 70 years b) after the age of 65 can supervise in PhD students only under the joint supervision with a teacher or a research specialist who reaches the age of retirement during the entire PhD program of studies respectively (2) retired teachers can carry out teaching paid by the hour after the standard retirement age (3) vacant teaching positions or temporary vacancies are covered with priority by permanent teachers of the institution or hourly-paid associate teaching staff according to the Law 1 of 5 January 2011 (4) Employment of scientific experts whose value has been recognized in the field by inventions innovations awards scientific publications in the country or abroad as

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guest professors or associate professors is approved by the department council and approved by the faculty council Art 60 (1) Filling of vacant teaching positions by the associate teaching staff can be for a period of time determined in accordance with Law no 1 of 5 January 2011 from CMU Charter the selection of files organized in the department in compliance with legislation (2) The proposal of associated teaching staff is made by the head of department The Department decision is subject for approval to the Faculty Council Proposals of associated teachers can be made during the semester or the academic year (3) The file for the temporary filling of a vacant teaching position with associated teachers will include a) the applicants request b) Curriculum vitae and list of scientific papers c) List of teaching and scientific works d) Copy of BS MD PhD degree e) Affidavit stating that the respective person is teaching or doing research activities in other universities (4) The Dean of the Faculty shall forward to CMU Senate the file of the associate teacher accompanied by the approval of the Faculty Council Art 61 (1) Vacancies to be filled with associate teachers shall be disclosed at least 30 days before the beginning of the semester by display at the department and published on the university website (2) Temporary employment of associate teachers shall be made by decision of the Rector and the salaries are based on the position held The decision shall specify the period of employment Art 62 (1) Coverage of vacant teaching positions in an hourly system can be done with own teaching staff or associate teaching staff outside CMU Candidates nominated by departments with the approval of the Faculty Council shall meet the requirements of this Regulation on the position in question (2) Associate teaching staff must enroll their scientific results obtained during their activity at UMC in its record

Art 63 The models and pre-defined criteria that are prepared in connection with the filling of teaching positions are shown in the annexes of the Internal Regulation and constitute part of this Regulation

B FOR CONTRACT EMPLOYEES (Order of the Ministry of Education Research Youth and Sports MECTS nr 442215062011)

Art 64 (1) Promotion ensures career development of employed personnel by passing to a higher degree professional rank top level

(2) Promotion of employees with individual employment contract by professional degrees or stages is usually made on a vacant position

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(3) Where there is no vacant position promotion by professional degrees or stages is achieved by transforming the position that a person is qualified for a level immediately above

(4) Promotion by professional degrees or stages of contractual staff in the public sector is made by examination ie competition for vacant positions Art 65 Transformation of occupied positions with a view to promotion for the positions higher education institutions shall be approved by the university senate

Art 66 - (1) The exam or contest to promote by professional degrees or stages for contractual staff consists of a written test and a practical test as appropriate and interview set by the examination board

(2) The practical exam replaces the written test for functions that you need to check practical skills for

(3) To participate in the examination or examination for promotion by professional degrees or stages the candidate must have obtained a very good individual performance appraisal at least twice in the last 3 years

(4) The position of junior employed staff the promotion examination is held usually within 5 days of the end of their debut under the law

Art 67 - (1) The examination board shall consist of three members two members of the institution or public authority and a member of the union or if appropriate a representative of employees with experience and knowledge in the position for which promotion is made

(2) The examination designated by administrative action by the authorizing officer will evaluate the candidate in the promotion examination according to the following criteria

a) theoretical knowledge required for the position assessed

b) behavior in crisis situations

c) communication skills

d) the ability of synthesis

(3) The criteria set out in para (2) a) shall be based on a written test of the the employees field of expertise and certifying the degree of accumulation of professional experience in the field The written test can be sat for as a multiple-choice test

(4) The criteria set out in para (2) b) - d) are evaluated in the interview

(5) The examination board may establish other specific evaluation criteria that will be assessed during the interview such as

a) complexity initiative creativity and diversity of activities

b) judgment and the impact of decisions

c) influence coordination and supervision Art 68 - (1) In the examination or promotion contest each of the two tests or the

written or practical test as appropriate including the interview shall be marked with a maximum score of 100 points

(2) The members of the examination award individual scores for each of the two tests referred to in para (1) recorded in the scoring sheet

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(3) The final score of each of the two tests is calculated as the arithmetic average of the scores under par (2)

Art 69 - (1) contest or promotion exam score is calculated as the arithmetic average of the scores obtained in each of the final two tests written or practical as appropriate and interview

(2) The minimum passing score is 50 points Art 70 - (1) After the results obtained dissatisfied candidates may appeal within 48 hours of notification (2) Settlement of complaints and the results thereof shall be made within one working day after the deadline for submission of appeals

Art 71 - (1) For the settlement of appeals by an administrative officer

committee for solving complaints is made up consisting of 3 members (2) Membership in the examination is incompatible with membership of the

committee responsible for review (3) The members of the committee responsible for review must have experience

and knowledge in the position for which promotion is made Art 72 - (1) In the event that the person cannot obtain the minimum score

heshe can sit for a new promotion or competition exam in maximum 3 months (2) Until passing the exam or contest the person remains assigned to the

previously held professional degree stage

Art 73 Following the promotion the employee job description shall be completed with new responsibilties pertaining to the job

CHAPTER III

Rules regarding the respect of the principle of non-discrimination and dismissal of any form of dignity infringement

Art 74 Within the University in labor relations the working principle is that of equal treatment of all employees and the principle of non-discrimination and equal opportunities between women and men are respected Labor relations are based on the consensus principle and good faith Art 75 Any employee who performs work in the university benefits from respect of dignity and conscience without any discrimination Art 76 (1) Any direct or indirect discrimination of employees based on gender sexual orientation genetic features age nationality race color ethnicity religion political opinion social origin disability marital status or responsibility membership or activity in unions is forbidden

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(2) The actions considered being direct discrimination acts and acts of exclusion distinction restriction or preference based on one or more of the criteria set out in para (1) which have the purpose or result in denial restriction or exclusion recognition enjoyment or exercise of employees rights The actions and deeds or acts apparently based on criteria other than the above but have any direct discriminatory consequences are considered to be direct discrimination

Art 77 Employees will be given the right to equal pay for equal work the right to individual and collective bargaining the right to protection from disclosure of personal information the right to protection against unlawful dismissal Art 78 (1) It is forbidden to ask a job candidate to perform present a pregnancy test or to sign a pledge that she will not get pregnant which would bear on the validity of the individual employment contract (2) The provisions of par (1) shall not apply in the case of prohibited jobs for pregnant and or breastfeeding women due to working conditions

Art 79 It is forbidden that decisions related to a person be affected by the acceptance or rejection of the conduct of a person related to harassment or sexual harassment thereof Art 80 It shall be considered as sex-based discrimination the conduct defined as harassment or sexual harassment aimed at a) creating an intimidating hostile workplace atmosphere or daunting for the person b) negative influence of the employee situation regarding promotion remuneration or income of any kind or access to training education and professional development if heshe refuses to accept unwanted behavior - verbal nonverbal or physical ndash related to sexual life Art 81 The refusal to employ a person who does not meet the job requirements and standards as long as it is not discriminatory act shall not constitute a breach of this Regulation Art 82 Any conduct nationalist character - jingoistic incitement to racial or national hatred or any behavior aimed at achieving dignity or creating an atmosphere hostile degrading humiliating or offensive directed against a person or group people shall be considered a violation of this regulation Art 83 Measures to promote equal opportunities between women and men and to eliminate direct and indirect discrimination on grounds of sex are in accordance with Law no 2022002 - reissued - on equality between women and men Art 84 The violation of the rules on non-discrimination and the removal of all forms of violation of dignity constitute misconduct

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19

CHAPTER IV

Managing working and leave time Art 85 (1) The duration of working time of each full-time employee is 8 hours per day and 40 hours per week for auxiliary and contract staff and is performed 5 days working week (2) The work expanded to more than 48 hours week annual average will be subject only to the law and the applicable collective labor contract (3) The program is set for Monday through Friday between 730-1530 with a lunch break of 15 minutes which is included in the length of the working day (4) for the teaching staff the organization of working time complies with the provisions of Law no 12011 ndash the Law of Education ndash reissued and the provisions of the Collective Labor Agreement at the university level on the teaching quota and on the distribution of working hours in the week (5) The management of the university has the right within the limits imposed by legislation and procedures to alter schedule as required Art 86 Overtime work can be done in the cases and conditions provided by law the applicable collective labor contract and with prior approval of the CMU managing structures Art 87 (1) At the beginning and end of working hours each employee regardless of the position heshe holds except teaching staff shall sign the attendance register indicating time of arrival and departure time which will be checked regularly by the Human Resources Office (2) The attendance register will note delays and gaps in the program specifying whether or not they are justified (3) If the delay or absence was due to unforeseen circumstances or reasons beyond the control of the employee (illness accident etc) The employee is required to inform the following two days the head compartment he she is part of Art 88 The situation of this work attendance is prepared by the staff with responsibilities in this regard is supervised by the head of department or his deputy who has delegation of competence for this activity and transmitted to the Human Resources Office no later than the 3rd of the month following expiry month After submission to the Human Resources Office this situation can be changed only with the written and motivated approval of the chief who endorsed it Registrations of false information in the register is a serious offense and will be penalized according to the provisions of this Regulation Art 89 The university management may grant by law leave without pay at the motivated request of interested employees

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Art 90 Programming the leaves is made at the end of each year for the next year Proposals of programming leaves are made by the management of each department and approved by the university management The order and physical performance of the leaves will be fixed by installments throughout the year taking into account the proper conduct of activity and the interests of employees Art 91 Employees are entitled to sick leave according to the law Sick leave shall be submitted to the Human Resources Office within 3 days of release the signed acknowledgment on white copy (back) of the chief Art 92 The Human Resources Office will keep track of delays consent sick leave study leave without pay and holidays Art 93 Entering the university premises for persons who are not employees of the institution shall be handled by each department involved in solving their problems Art 94 The management of each department will hold daily control at the end of the program the way in which employees meet their obligations in terms of closing windows locking offices cupboards and filing cabinets and turning off lights etc Art 95 The provisions of this Regulation on the organization of work and rest is filled according to the collective labor agreement applicable to CMU and according to the specific legislation

CHAPTER V

Rights and obligations of university and university employees

1 Rights and obligations of University Management

Art 96 The university management has a duty to take all measures to ensure appropriate work conditions for the institution Art 97 The university management shall ensure proper organization of the whole activity in order to provide efficient management of cash funds and materials to this effect it sets abiding by the law rules of labor discipline obligations of employees and their liability in case of breach of work duties Art 98 The institution management of the mainly have the following rights a) establishing the organization and functioning of the unit b) establish appropriate tasks for each employee and department according to the law c) give instructions binding the employee on their legality d) exercise control over the performance of duties e) to assess the disciplinary offenses and apply appropriate sanctions according to the law the collective labor agreement and the applicable rules of procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

21

f) establish the organizational structure of institutions and organizational structures fields Art 99 The Institution Management of the have the following obligations a) ensure rational use of labor force maintaining the number of employees to carry out their duties strictly required b) aims to raise the professional qualification of employees their promotion in relation to the preparation of the results obtained from annual evaluations and requirements and or needs for the proper functioning of the institution c) examines critical comments suggestions and proposals for action made by employees of the institution d) organizes working time in specific reports as required in order to ensure the functionality and compliance with legal duration of working time and rest e) ensures compliance with legal regulations on working time and rest as well as any other legal rights for employees f) pays all contributions and taxes in their jurisdiction and retains and pays contributions and taxes payable by employees according to the law g) informs employees of the work conditions and on issues related to employment relationships h) provides permanent technical and organizational conditions considered in developing appropriate labor standards and working conditions i) all rights granted to employees under the law the applicable collective agreement and individual employment contracts j) shall regularly convey to employees the economic and financial situation of the unit k) shall consult with the union or where appropriate with representatives of employees on decisions likely to substantially affect their rights and interests l) establishes the general register of employees as required by law and operates entries provided by law m) shall upon request issue all documents evidencing the status of employee for the applicant n) ensures confidentiality of personal data of employees a) prevents and sanctions by law any form of discrimination p) assesses the disciplinary offenses and imposes sanctions under the law in force the collective labor agreement and the internal regulation

2 Rights and obligations of employees

Art 100 University employees have under the Labour Code the following rights a) the right to remuneration for their work b) the right to meal breaks daily and weekly rest c) The right to public holidays and annual leave d) the right to dignity at work e) The right to equal opportunities and treatment f) the right to safety and health at work g) the right of access to training h) the right to information and consultation

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

22

i) the right to take part in the determination and improvement of working conditions and working environment j) the right to protection in cases of dismissal k) The right to bargain collectively and individually l) the right to participate in legal collective activities m) the right to form or join a union

Art 101 University employees must comply with all their obligations under the law the applicable collective labor agreement and the rules of conduct the individual labor contracts including the job description and internal rules Mainly University employees have the following obligations a) comply strictly with their functions in the job description and the tasks assigned hierarchically with accountability competence efficiency fairness and conscientiousness b) to comply with the order and discipline at the workplace c) to comply with schedule and make effective use of working time d) be familiar with the tasks that have to be executed e) to acquire professional knowledge of duties attend training courses or courses organized for this purpose f) to comply with security measures and occupational health in school work safety regulations and fire prevention or any other situation that could endanger the life and physical integrity personal health or that of other persons buildings etc g) to comply with access rules in the institution to take steps to remove any person if their presence could cause a safety hazard or hinder the normal operation of the institution h) in cases of force majeure are obliged to know participate and ensure the civilian protection measures i) to be present for work in proper condition to fulfill their duties in good conditions j) notify the chief supervisor as soon as they became aware of irregularities misconduct hardship or deprivation k) to know and comply with the internal regulations in the applicable collective labor contract and the individual labor contract l) employees are required to effectively use working time and facilities to solve duties pertaining to their position m) to maintain cleanliness in the workplace and in all places of common use n) to secure official documents at the end of working hours After working hours it is forbidden to leave appliances plugged in except computer and tactical equipment (fax servers communications etc) and lighting installations a) not to leave unattended during working hours machinery and equipment in operation p) be faithful to the university of their duties q) to observe secrecy r) hold patrimonial liability under the rules and contractual liability for material damages bore to the University of their own guilt or as a consequence of their work s) comply with the principles of impartiality and non-discrimination

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 6: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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6

(6) Positions not approved by the Ministry of Education Youth and Sports shall not be set out for competition (7) The proposal for organizing the contest for a vacancy shall be made by the Head of the specific structure by report endorsed by the council of the department and the faculty council The list of suggested positions to be filled by competition is approved by the dean and forwarded to CMU board which forwards them to the Senate Based on this analysis the Senate prepares the draft resolution where the positions shall be individualized with a favorable set out mark for competition The draft decision will also mention the applications which have not received the favorable opinion of the Senate and the grounds for refusal Senators shall be distributed the draft resolution in print prior to the meeting Constanta Maritime University Senate shall decide upon the draft resolution by open ballot

SUBCHAPTER II3

CONDITIONS FOR SIGNING UP IN THE COMPETITION FOR FILLING A TEACHING POSITION

Art 27 (1) The conditions for entering the competition for teaching positions are (11) For the position of junior lecturer the following are required cumulatively a) holding the PhD Degree b) performance standards vacancy lecturer teaching indefinitely specific function provided by its own methodology (12) For the position of senior lecturer lecturer are required cumulatively a) holding the PhD degree b) compliance with national minimum standards for filling teaching positions specific to the teaching position of senior lecturer lecturer approved by the Minister of Education Youth and Sports under art 219 paragraph (1) of the Law of National Education Law 12011 c) compliance with the minimum standards for employment on teaching positions specific to the position of senior lecturer lecturer under their own methodology (13) For the position of associate professor the following are required cumulatively a) holding the PhD degree b) compliance with national minimum standards for filling teaching positions specific to the teaching of associate professor approved by the Minister of Education Youth and Sports under art 219 paragraph (1) National Education Law Law 12011 c) compliance with the minimum standards of teaching vacancy specific teaching position of associate professor under their own methodology (14) For the position of professor the following are required cumulatively a) holding the PhD degree b) holding the certificate of entitlement c) compliance with national minimum standards for filling teaching positions specific to the position of professor approved by the Minister of Education Youth and Sports under art 219 paragraph (1) of the Law of National Education Law 12011

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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7

d) completion of minimum employment standards of teaching positions specific to the position of professor under their own methodology Art 28 For the enrollment in the contest for a teaching position the candidate shall prepare a file containing the following documents a) the application for the contest signed by the candidate accompanied by a sworn statement about the veracity of the information presented in the file b) a proposal for the development of academic career both in terms of teaching as well as in terms of scientific research proposal written by the candidate should hold a maximum of 10 pages and is one of the main criteria for the candidates c) curriculum vitae of the candidate in writing form electronically d) list of candidate scientific papers written electronic e) statement verifying the fulfillment of standards in the contest and or post employment f) documents related to the PhDdegree a certified copy of the PhDdegree and if the original PhDdegree is not recognized in Romania a certificate of recognition or equivalence thereof g) summary in Romanian and English of the t PhD thesis or where appropriate habilitation thesis on one page maximum h) affidavit of the applicant that there is no incompatibility with the Law 12011 the Law of National Education and the government decision i) if the contest is for the post of professor a certified copy of certificate of entitlement is required j) copies of other certificates attesting to the applicants studies k) a copy of the identity card l) If the candidate has changed hisher name copies of documents evidencing the change of name - marriage certificate or proof of name change m) more than 10 publications patents or other scientific work of the candidate in electronic format selected and deemed to be most relevant to their professional achievements n) If one or more publications are available in electronic format the applicant shall submit the file a copy of the book monograph whose author heshe is the conference site where work was defended ISSN Proceeding etc Art 29 The Curriculum vitae of the candidate should include a) information about studies and diplomasdegrees obtained b) information about work experience and jobs c) information about research and development projects that heshe led as project manager and grants obtained if there are such projects or grants indicating for each source of funding amount of funding and main publications and patents resulted thereby d) information about the awards or other recognition of the scientific contributions of the candidate Art 30 The List of scientific papers of the applicant will be structured as follows a) the list of scientific papers out of which in excerpt the list of more than 10 works considered to be the most relevant candidate for professional achievements which are

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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8

included in the file electronically and can be found in other categories of works under this article For the post of professor there will be specified only the list of scientific papers carried out after obtaining the certificate of entitlement b) PhD thesis or theses c) Patents and other intellectual and industrial property titles d) books and chapters in books e) articles studies in full published in the main international scientific journals publications in full the principal scientific papers published in international scientific conferences f) other papers and scientific contributions or where appropriate of artistic creation Art 31 Candidates for the position of associate professor must include in the file at least 3 names and contact addresses of personalities in this field in the country or abroad outside the higher education institution whose post is put up which accepted to write letters of recommendation regarding the applicants professional qualities The candidates for the position of professor must include in the file at least 3 names and contact addresses of personalities in the respective field from foreign institutions of higher education and research in the list approved by the Ministry of Education Youth and Sports developed according to art 216 paragraph 2 item f of the Law of National Education 12011 The domains-specific credentials for candidates for the position of professor may come from some personalities in this field from Romania outside the higher education institution whose post is put up or competition Art 32 The application file is set up by the candidate and submitted to Constanta Maritime University 104 Mircea cel Batran Street specified on the Contest website or through postal or courier services for the confirmation of receipt The application file is sent to the members of the contest board starting from the closing date for application process of competition no later than 5 working days before the first part of the competition Art 33 The Legal Department of Constanta Maritime University will certify that the candidate fulfills the legal requirements by written approval The opinion will be communicated to the candidate within 48 hours of the issuance to but no less than 5 working days before the first part of the competition Art 34 If the number of candidates for a job that met the legal conditions for competition is less than or equal to 5 all candidates shall be invited by the institution of higher education to defend the assignments If the number of candidates for a job that met the legal conditions of competition is greater than 5 the contest board may preselect based on the application files and according to their methodology at least 5 candidates to sit for the contest Art 35 The contest board evaluates each candidate in terms of the following a) the relevance and impact of the scientific results of the candidate b) the candidates ability to guide students and young researchers

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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9

c) the candidates teaching skills d) the applicants ability to transfer knowledge and results to the economic or social or publicize their scientific results e) the candidates ability to work in teams and efficiency of its scientific collaborations f) the candidates ability to conduct research and development projects g) the applicants professional experience in other institutions than the institution which set out the post for competition especially the experience in higher education and research institutions from the list approved by the Ministry of Education Youth and Sports issued under Art 216 paragraph 2 item f of the Law of National Education 12011 Art 36 The contest board shall evaluate the candidates professional competence exclusively by one or more competition tests (specific to the teaching position) including lectures classes and the like For all posts at least one contest is represented by a public lecture of at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This sample contains necessarily a session of questions from the committee and the public The higher education institution shall announce on the website the contest date time and place of this trial Art 37 (1) Establishing the composition of the contest board is done after publication of the notice to put out for contest each open position and is made by the department whose teaching position belongs to (2) The composition of the contest board can include alternates (3) The Council department whose structure contains the specific position makes proposals for the composition of the contest board (4) The composition of the contest board is approved by the Dean of Faculty based on the proposals set out in para (3) and is approved by the faculty council (5) The nominal composition of the contest board along with the approval of the faculty is submitted for approval to the University Senate (6) Following the approval of the senate the contest board is appointed by decision of the Rector (7) Within 48 hours of the decision of the Rectors decision this is sent to the Ministry of Education Youth and Sports and published on the competition website For the positions of associate professor and professor the composition of the contest board is published in the Official Gazette Art 38 (1) The contest consists of 5 members including its president specialists in the specific position field or in related fields (2) In case of unavailability for participation of one member from the Committee that member shall be replaced by alternates appointed by the same procedure as the contest board members (3) The decisions of the contest board are taken by secret ballot of the members A decision of the Board shall be valid if it had the vote of at least three members of the board (4) The activity of the contest board is run by a president

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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10

(5) The members of the contest board are from Constanta Maritime University or an institution from the country or abroad (6) For the filling of the position of associate professor or professor at least three contest board members must be from outside the institution that organizes the contest from the country or abroad (7) For the filling of the position of professor except for positions with a Romanian specificity at least one member has an employment contract at the date of publication in the official gazette of setting out the specific position for contest with an educational institution foreign education and research which is included in the list approved by the Minister of Education Youth and Sports issued under Art 216 paragraph 2 item f of the Law of National Education 12011 upon proposal of CNATDCU and CNCS (8) Members of the competition must have a superior teaching degree or at least equal to that of the vacant position (9) For the exclusive purpose of participation in the contest board the equivalence of the teaching degrees for foreign members with teaching degrees in the country is done by the university senate upon approval of the composition of the contest board (10) The president of the contest is the Dean of Faculty according to its own methodology Art 39 (1) The contest takes place in no more than 45 days after the end of the registration period (2) The contest is to assess scientific work and teaching qualities of the candidates (3) For each position the contest board decides on the hierarchy of candidates and nominates the candidate who obtains the best results (4) The President of the contest board shall report on the contest based on the appraisal reports prepared by each member of the board respecting the hierarchy of candidates decided upon by the board (5) The contest report is approved by decision of the contest board members and signed by each member of the board and the chairman (6) the Faculty Council examines the procedures established by the methodology of the institutions of higher education and grant or deny approval on contest report The hierarchy determined for candidates by the contest board cannot be changed by the faculty council (7) The university senate examines the procedures established by the methodology of the institutions of higher education and approves or denies the contest report The hierarchy of candidates determined by the contest board cannot be changed by the university senate Art 40 (1) The University Senate approves the contest result and the appointment shall be granted by decision of the Rector starting the next semester (2) The decision to appoint and award the academic degree by Constanta Maritime University along with the contest report are to be sent to the Ministry of Education Youth and Sports and CNATDCU within 48 hours of the appointment decision Art 41 If the open position was not filled the contest can be resumed in the next semester with full retake of the competition procedure

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Art 42 The result of the contest will be published on the competition website within 2 working days of the completion of the contest Art 43 Each year no later than September 1 the University prepares an annual report on the organization conduct and completion of contests for teaching positions The report is sent to the Ministry of Education Youth and Sports and CNATDCU

SUBCHAPTER II4

THE CONTEST BOARDS AND CONTEST ORGANIZATION Art 44 The composition of contest boards is proposed by the department council endorsed by the Faculty Council and approved by CMU Senate Decisions to appoint contest boards are compiled by the Deanrsquos Office for the posts of junior lecturer Senior Lecturer Lecturer respectively and by the Rector for the post of associate professor and professor Art 45 (1) The competition takes place within 30 days of the conclusion of the registration period (2) Completion of contest at the level of CMU is mandatory within 45 days from the submission of the contest board report and is operational in assigning successful candidates the basic teaching quota in CMU Art 46 For the post of JUNIOR LECTURER the following requirements are to be met cumulatively a) holding a PhD degree b) at least 5 papers (articles studies) published (author co-author) in journals or in proceedings of conferences with ISBN c) performing a lab class seminar in the presence of contest board members at a scheduled group This part of the contest contains necessarily one session of questions from the committee and the public The university website shall announce the contest date time and place of that trial d) achievement of the minimum score in the Annex of professional assessment Art 47 For a position of SENIOR LECTURER LECTURER candidates must meet the following cumulative conditions a) holding a PhD degree b) certificate of competency (or equivalent) for specific professional disciplines c) more than 10 papers published (author or co-author) in journals or in volumes of scientific conferences wih ISBN d) teaching one course seminar as scheduled in the timetable e) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the board and the public The university shall announce on the website the contest date time and place of that trial f) achieve the minimum score in the Annex of professional assessment

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Art 48 For the position of ASSOCIATE PROFESSOR the following conditions are required cumulatively a) holding a PhD in the job profile b) at least 20 publications (10 as first author) of which at least 2 papers in specialized journals of international circulation (ISI standard) or indexed in an international database-specific to the field c) treaties monographs and books of expertise as sole author published at a CNCSIS publisher with ISBN d) 1 research contract awarded by competition as Project Manager e) the entire scientific activity should meet the specific criteria to the majors graduated set by the Council of National Titles Diplomas and Certificates (CNATDCU) f) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university shall announce on the website the contest date time and place of that trial g) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Senior Lecturer h) achievement of minimum performance indicators in the Annex of professional assessment Art 49 For the position of PROFESSOR the following conditions are required a) holding a PhD in the job profile b) holding a certificate of entitlement c) 2 grants research contracts obtained through competition one of which international and the candidate should have the quality of director in at least one d) have at least three books and three university courses as sole author or first author published in the domain of expertise for the candidate (the publishers recognized by CNCSIS) out of which at least one book and an academic course after the latest promotion e) at least 25 publications (15 as first author) f) all scientific activity to meet the criteria established by CNATDCU g) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university website shall announce the contest date time and place of that trial h) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Associate Professor i) achieve the minimum score in the Annex of professional assessment Art 50 The contest board for the position of associate professor or professor is composed of the Dean as president 4 members of CMU Senate The contest board is made up of lecturers and professors for the position of associate professor ie only of professors for the position of professor

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SUBCHAPTER II5

COMPLETION OF CONTESTS FOR FILLING TEACHING POSITIONS Art 51 The application files including reports of the examination shall be submitted to the Dean of the faculty who is in charge of debating their result as well as presenting the file and the conclusions of the contest board to the Faculty Council CMU Senate UMC the Dean ensures necessary conditions for consultation of contest materials by members of the Faculty Council Art 52 In the Faculty Council meeting the Dean or the chairman of the contest board presents the summative report (briefing) of the contest board and nominate the candidate with the best performance The Faculty Council validates the competition results by open ballot The contest validation requires the presence of two thirds of the members of the Faculty Council Art 53 Based on the decision of the Faculty Council the Dean shall prepare a statement of the minutes of the meeting of the Faculty Council and attach a copy of the convening notice of the meeting (with the signatures of everybody present) These documents are added to the file of each candidate and submitted to CMU Administrative board within the time prescribed by the latter Art 54 (1) If the Teaching Council rejected the proposal of contest board to declare a candidate as successful the dean shall notify CMU Administrative Board within 24 hours forwarding the application files (2) After consultation with the Dean CMU Administrative Board may decide to use two acknowledged specialists by the university or beyond asking them to evaluate the file At the request of the persons concerned their identity can remain confidential in which case CMU Administrative Board assumes personal responsibility for the authenticity of their conclusions (3) CMU Administrative Board shall consider the legality of the procedure for both competition and candidate performance and presents further evaluation findings when applying this procedure (4) If following the review The Administrative Board considers that the decision of the Faculty Council is thorough and lawful it becomes final and no longer submit the file to CMU Senate If the Board has doubts as to the legality or validity of the Teaching Council decision it shall submit the file to CMU Senate with a reasoned proposal (5) In no case shall the Teaching Council or the Administrative Board declare successful a different candidate than the one proposed by the Contest Board Art 55 (1) The decision of the Faculty Council shall be presented by the Dean and forwarded for validation by the Rector to CMU Senate which verifies the compliance with the competition criteria and procedure and is declared as such by open ballot Decisions are taken by a majority of votes of present members if their number is at least 23 of the total membership

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(2) The faculties are free to introduce their own regulations and other criteria for assessing the educational and scientific activities of the candidates including the opinions of students who have benefited from the teaching performance of a candidate Art 56 The appointment as Junior Lecturer Senior Lecturer Lecturer is made by Rectorrsquos decision from the first day of the semester following the confirmation of the contest by CMU Senate Art 57 Appointment to the position of associate professor professor respectively is made by Rectorrsquos decision based on the Order of the Ministry of Eduaction Research Youth and Sports from the first day of the month following the contest validation by the committee of the Ministry of Education Research Youth and Sports (CNATDCU)

SUBCHAPTER II6

FILLING VACANT POSITIONS BY ASSOCIATE TEACHING STAFF Art 58 (1) The teaching and research staff retire at the age of 65 (2) In higher education it is prohibited the employment of any management or administrative positions at all levels of the university after retirement Mandates of personnel holding management or administration positions at all levels of the university lawfully ceases for the persons who have reached retirement age Exceptions to these rules are members of the administrative board of private universities (3) The University Senate of the state private and denominational universities based on professional performance and the financial situation may decide to continue the activity of a teacher or research specialist after retirement based on a fixed term contract for one year with possibility of extension in compliance with the University Charter with no age limit The University Senate may decide to confer the honorary professor emeritus title for excellence in teaching and research to teachers who have reached the retirement age Retired teachers can be paid on an hourly system Art 59 (1) Teachers and research specialists supervising doctorates retire at the age of 65 and a) can lead PhDs in progress at the time of retirement until the age of 70 years b) after the age of 65 can supervise in PhD students only under the joint supervision with a teacher or a research specialist who reaches the age of retirement during the entire PhD program of studies respectively (2) retired teachers can carry out teaching paid by the hour after the standard retirement age (3) vacant teaching positions or temporary vacancies are covered with priority by permanent teachers of the institution or hourly-paid associate teaching staff according to the Law 1 of 5 January 2011 (4) Employment of scientific experts whose value has been recognized in the field by inventions innovations awards scientific publications in the country or abroad as

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guest professors or associate professors is approved by the department council and approved by the faculty council Art 60 (1) Filling of vacant teaching positions by the associate teaching staff can be for a period of time determined in accordance with Law no 1 of 5 January 2011 from CMU Charter the selection of files organized in the department in compliance with legislation (2) The proposal of associated teaching staff is made by the head of department The Department decision is subject for approval to the Faculty Council Proposals of associated teachers can be made during the semester or the academic year (3) The file for the temporary filling of a vacant teaching position with associated teachers will include a) the applicants request b) Curriculum vitae and list of scientific papers c) List of teaching and scientific works d) Copy of BS MD PhD degree e) Affidavit stating that the respective person is teaching or doing research activities in other universities (4) The Dean of the Faculty shall forward to CMU Senate the file of the associate teacher accompanied by the approval of the Faculty Council Art 61 (1) Vacancies to be filled with associate teachers shall be disclosed at least 30 days before the beginning of the semester by display at the department and published on the university website (2) Temporary employment of associate teachers shall be made by decision of the Rector and the salaries are based on the position held The decision shall specify the period of employment Art 62 (1) Coverage of vacant teaching positions in an hourly system can be done with own teaching staff or associate teaching staff outside CMU Candidates nominated by departments with the approval of the Faculty Council shall meet the requirements of this Regulation on the position in question (2) Associate teaching staff must enroll their scientific results obtained during their activity at UMC in its record

Art 63 The models and pre-defined criteria that are prepared in connection with the filling of teaching positions are shown in the annexes of the Internal Regulation and constitute part of this Regulation

B FOR CONTRACT EMPLOYEES (Order of the Ministry of Education Research Youth and Sports MECTS nr 442215062011)

Art 64 (1) Promotion ensures career development of employed personnel by passing to a higher degree professional rank top level

(2) Promotion of employees with individual employment contract by professional degrees or stages is usually made on a vacant position

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(3) Where there is no vacant position promotion by professional degrees or stages is achieved by transforming the position that a person is qualified for a level immediately above

(4) Promotion by professional degrees or stages of contractual staff in the public sector is made by examination ie competition for vacant positions Art 65 Transformation of occupied positions with a view to promotion for the positions higher education institutions shall be approved by the university senate

Art 66 - (1) The exam or contest to promote by professional degrees or stages for contractual staff consists of a written test and a practical test as appropriate and interview set by the examination board

(2) The practical exam replaces the written test for functions that you need to check practical skills for

(3) To participate in the examination or examination for promotion by professional degrees or stages the candidate must have obtained a very good individual performance appraisal at least twice in the last 3 years

(4) The position of junior employed staff the promotion examination is held usually within 5 days of the end of their debut under the law

Art 67 - (1) The examination board shall consist of three members two members of the institution or public authority and a member of the union or if appropriate a representative of employees with experience and knowledge in the position for which promotion is made

(2) The examination designated by administrative action by the authorizing officer will evaluate the candidate in the promotion examination according to the following criteria

a) theoretical knowledge required for the position assessed

b) behavior in crisis situations

c) communication skills

d) the ability of synthesis

(3) The criteria set out in para (2) a) shall be based on a written test of the the employees field of expertise and certifying the degree of accumulation of professional experience in the field The written test can be sat for as a multiple-choice test

(4) The criteria set out in para (2) b) - d) are evaluated in the interview

(5) The examination board may establish other specific evaluation criteria that will be assessed during the interview such as

a) complexity initiative creativity and diversity of activities

b) judgment and the impact of decisions

c) influence coordination and supervision Art 68 - (1) In the examination or promotion contest each of the two tests or the

written or practical test as appropriate including the interview shall be marked with a maximum score of 100 points

(2) The members of the examination award individual scores for each of the two tests referred to in para (1) recorded in the scoring sheet

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(3) The final score of each of the two tests is calculated as the arithmetic average of the scores under par (2)

Art 69 - (1) contest or promotion exam score is calculated as the arithmetic average of the scores obtained in each of the final two tests written or practical as appropriate and interview

(2) The minimum passing score is 50 points Art 70 - (1) After the results obtained dissatisfied candidates may appeal within 48 hours of notification (2) Settlement of complaints and the results thereof shall be made within one working day after the deadline for submission of appeals

Art 71 - (1) For the settlement of appeals by an administrative officer

committee for solving complaints is made up consisting of 3 members (2) Membership in the examination is incompatible with membership of the

committee responsible for review (3) The members of the committee responsible for review must have experience

and knowledge in the position for which promotion is made Art 72 - (1) In the event that the person cannot obtain the minimum score

heshe can sit for a new promotion or competition exam in maximum 3 months (2) Until passing the exam or contest the person remains assigned to the

previously held professional degree stage

Art 73 Following the promotion the employee job description shall be completed with new responsibilties pertaining to the job

CHAPTER III

Rules regarding the respect of the principle of non-discrimination and dismissal of any form of dignity infringement

Art 74 Within the University in labor relations the working principle is that of equal treatment of all employees and the principle of non-discrimination and equal opportunities between women and men are respected Labor relations are based on the consensus principle and good faith Art 75 Any employee who performs work in the university benefits from respect of dignity and conscience without any discrimination Art 76 (1) Any direct or indirect discrimination of employees based on gender sexual orientation genetic features age nationality race color ethnicity religion political opinion social origin disability marital status or responsibility membership or activity in unions is forbidden

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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18

(2) The actions considered being direct discrimination acts and acts of exclusion distinction restriction or preference based on one or more of the criteria set out in para (1) which have the purpose or result in denial restriction or exclusion recognition enjoyment or exercise of employees rights The actions and deeds or acts apparently based on criteria other than the above but have any direct discriminatory consequences are considered to be direct discrimination

Art 77 Employees will be given the right to equal pay for equal work the right to individual and collective bargaining the right to protection from disclosure of personal information the right to protection against unlawful dismissal Art 78 (1) It is forbidden to ask a job candidate to perform present a pregnancy test or to sign a pledge that she will not get pregnant which would bear on the validity of the individual employment contract (2) The provisions of par (1) shall not apply in the case of prohibited jobs for pregnant and or breastfeeding women due to working conditions

Art 79 It is forbidden that decisions related to a person be affected by the acceptance or rejection of the conduct of a person related to harassment or sexual harassment thereof Art 80 It shall be considered as sex-based discrimination the conduct defined as harassment or sexual harassment aimed at a) creating an intimidating hostile workplace atmosphere or daunting for the person b) negative influence of the employee situation regarding promotion remuneration or income of any kind or access to training education and professional development if heshe refuses to accept unwanted behavior - verbal nonverbal or physical ndash related to sexual life Art 81 The refusal to employ a person who does not meet the job requirements and standards as long as it is not discriminatory act shall not constitute a breach of this Regulation Art 82 Any conduct nationalist character - jingoistic incitement to racial or national hatred or any behavior aimed at achieving dignity or creating an atmosphere hostile degrading humiliating or offensive directed against a person or group people shall be considered a violation of this regulation Art 83 Measures to promote equal opportunities between women and men and to eliminate direct and indirect discrimination on grounds of sex are in accordance with Law no 2022002 - reissued - on equality between women and men Art 84 The violation of the rules on non-discrimination and the removal of all forms of violation of dignity constitute misconduct

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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19

CHAPTER IV

Managing working and leave time Art 85 (1) The duration of working time of each full-time employee is 8 hours per day and 40 hours per week for auxiliary and contract staff and is performed 5 days working week (2) The work expanded to more than 48 hours week annual average will be subject only to the law and the applicable collective labor contract (3) The program is set for Monday through Friday between 730-1530 with a lunch break of 15 minutes which is included in the length of the working day (4) for the teaching staff the organization of working time complies with the provisions of Law no 12011 ndash the Law of Education ndash reissued and the provisions of the Collective Labor Agreement at the university level on the teaching quota and on the distribution of working hours in the week (5) The management of the university has the right within the limits imposed by legislation and procedures to alter schedule as required Art 86 Overtime work can be done in the cases and conditions provided by law the applicable collective labor contract and with prior approval of the CMU managing structures Art 87 (1) At the beginning and end of working hours each employee regardless of the position heshe holds except teaching staff shall sign the attendance register indicating time of arrival and departure time which will be checked regularly by the Human Resources Office (2) The attendance register will note delays and gaps in the program specifying whether or not they are justified (3) If the delay or absence was due to unforeseen circumstances or reasons beyond the control of the employee (illness accident etc) The employee is required to inform the following two days the head compartment he she is part of Art 88 The situation of this work attendance is prepared by the staff with responsibilities in this regard is supervised by the head of department or his deputy who has delegation of competence for this activity and transmitted to the Human Resources Office no later than the 3rd of the month following expiry month After submission to the Human Resources Office this situation can be changed only with the written and motivated approval of the chief who endorsed it Registrations of false information in the register is a serious offense and will be penalized according to the provisions of this Regulation Art 89 The university management may grant by law leave without pay at the motivated request of interested employees

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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20

Art 90 Programming the leaves is made at the end of each year for the next year Proposals of programming leaves are made by the management of each department and approved by the university management The order and physical performance of the leaves will be fixed by installments throughout the year taking into account the proper conduct of activity and the interests of employees Art 91 Employees are entitled to sick leave according to the law Sick leave shall be submitted to the Human Resources Office within 3 days of release the signed acknowledgment on white copy (back) of the chief Art 92 The Human Resources Office will keep track of delays consent sick leave study leave without pay and holidays Art 93 Entering the university premises for persons who are not employees of the institution shall be handled by each department involved in solving their problems Art 94 The management of each department will hold daily control at the end of the program the way in which employees meet their obligations in terms of closing windows locking offices cupboards and filing cabinets and turning off lights etc Art 95 The provisions of this Regulation on the organization of work and rest is filled according to the collective labor agreement applicable to CMU and according to the specific legislation

CHAPTER V

Rights and obligations of university and university employees

1 Rights and obligations of University Management

Art 96 The university management has a duty to take all measures to ensure appropriate work conditions for the institution Art 97 The university management shall ensure proper organization of the whole activity in order to provide efficient management of cash funds and materials to this effect it sets abiding by the law rules of labor discipline obligations of employees and their liability in case of breach of work duties Art 98 The institution management of the mainly have the following rights a) establishing the organization and functioning of the unit b) establish appropriate tasks for each employee and department according to the law c) give instructions binding the employee on their legality d) exercise control over the performance of duties e) to assess the disciplinary offenses and apply appropriate sanctions according to the law the collective labor agreement and the applicable rules of procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

21

f) establish the organizational structure of institutions and organizational structures fields Art 99 The Institution Management of the have the following obligations a) ensure rational use of labor force maintaining the number of employees to carry out their duties strictly required b) aims to raise the professional qualification of employees their promotion in relation to the preparation of the results obtained from annual evaluations and requirements and or needs for the proper functioning of the institution c) examines critical comments suggestions and proposals for action made by employees of the institution d) organizes working time in specific reports as required in order to ensure the functionality and compliance with legal duration of working time and rest e) ensures compliance with legal regulations on working time and rest as well as any other legal rights for employees f) pays all contributions and taxes in their jurisdiction and retains and pays contributions and taxes payable by employees according to the law g) informs employees of the work conditions and on issues related to employment relationships h) provides permanent technical and organizational conditions considered in developing appropriate labor standards and working conditions i) all rights granted to employees under the law the applicable collective agreement and individual employment contracts j) shall regularly convey to employees the economic and financial situation of the unit k) shall consult with the union or where appropriate with representatives of employees on decisions likely to substantially affect their rights and interests l) establishes the general register of employees as required by law and operates entries provided by law m) shall upon request issue all documents evidencing the status of employee for the applicant n) ensures confidentiality of personal data of employees a) prevents and sanctions by law any form of discrimination p) assesses the disciplinary offenses and imposes sanctions under the law in force the collective labor agreement and the internal regulation

2 Rights and obligations of employees

Art 100 University employees have under the Labour Code the following rights a) the right to remuneration for their work b) the right to meal breaks daily and weekly rest c) The right to public holidays and annual leave d) the right to dignity at work e) The right to equal opportunities and treatment f) the right to safety and health at work g) the right of access to training h) the right to information and consultation

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

22

i) the right to take part in the determination and improvement of working conditions and working environment j) the right to protection in cases of dismissal k) The right to bargain collectively and individually l) the right to participate in legal collective activities m) the right to form or join a union

Art 101 University employees must comply with all their obligations under the law the applicable collective labor agreement and the rules of conduct the individual labor contracts including the job description and internal rules Mainly University employees have the following obligations a) comply strictly with their functions in the job description and the tasks assigned hierarchically with accountability competence efficiency fairness and conscientiousness b) to comply with the order and discipline at the workplace c) to comply with schedule and make effective use of working time d) be familiar with the tasks that have to be executed e) to acquire professional knowledge of duties attend training courses or courses organized for this purpose f) to comply with security measures and occupational health in school work safety regulations and fire prevention or any other situation that could endanger the life and physical integrity personal health or that of other persons buildings etc g) to comply with access rules in the institution to take steps to remove any person if their presence could cause a safety hazard or hinder the normal operation of the institution h) in cases of force majeure are obliged to know participate and ensure the civilian protection measures i) to be present for work in proper condition to fulfill their duties in good conditions j) notify the chief supervisor as soon as they became aware of irregularities misconduct hardship or deprivation k) to know and comply with the internal regulations in the applicable collective labor contract and the individual labor contract l) employees are required to effectively use working time and facilities to solve duties pertaining to their position m) to maintain cleanliness in the workplace and in all places of common use n) to secure official documents at the end of working hours After working hours it is forbidden to leave appliances plugged in except computer and tactical equipment (fax servers communications etc) and lighting installations a) not to leave unattended during working hours machinery and equipment in operation p) be faithful to the university of their duties q) to observe secrecy r) hold patrimonial liability under the rules and contractual liability for material damages bore to the University of their own guilt or as a consequence of their work s) comply with the principles of impartiality and non-discrimination

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 7: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

7

d) completion of minimum employment standards of teaching positions specific to the position of professor under their own methodology Art 28 For the enrollment in the contest for a teaching position the candidate shall prepare a file containing the following documents a) the application for the contest signed by the candidate accompanied by a sworn statement about the veracity of the information presented in the file b) a proposal for the development of academic career both in terms of teaching as well as in terms of scientific research proposal written by the candidate should hold a maximum of 10 pages and is one of the main criteria for the candidates c) curriculum vitae of the candidate in writing form electronically d) list of candidate scientific papers written electronic e) statement verifying the fulfillment of standards in the contest and or post employment f) documents related to the PhDdegree a certified copy of the PhDdegree and if the original PhDdegree is not recognized in Romania a certificate of recognition or equivalence thereof g) summary in Romanian and English of the t PhD thesis or where appropriate habilitation thesis on one page maximum h) affidavit of the applicant that there is no incompatibility with the Law 12011 the Law of National Education and the government decision i) if the contest is for the post of professor a certified copy of certificate of entitlement is required j) copies of other certificates attesting to the applicants studies k) a copy of the identity card l) If the candidate has changed hisher name copies of documents evidencing the change of name - marriage certificate or proof of name change m) more than 10 publications patents or other scientific work of the candidate in electronic format selected and deemed to be most relevant to their professional achievements n) If one or more publications are available in electronic format the applicant shall submit the file a copy of the book monograph whose author heshe is the conference site where work was defended ISSN Proceeding etc Art 29 The Curriculum vitae of the candidate should include a) information about studies and diplomasdegrees obtained b) information about work experience and jobs c) information about research and development projects that heshe led as project manager and grants obtained if there are such projects or grants indicating for each source of funding amount of funding and main publications and patents resulted thereby d) information about the awards or other recognition of the scientific contributions of the candidate Art 30 The List of scientific papers of the applicant will be structured as follows a) the list of scientific papers out of which in excerpt the list of more than 10 works considered to be the most relevant candidate for professional achievements which are

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

8

included in the file electronically and can be found in other categories of works under this article For the post of professor there will be specified only the list of scientific papers carried out after obtaining the certificate of entitlement b) PhD thesis or theses c) Patents and other intellectual and industrial property titles d) books and chapters in books e) articles studies in full published in the main international scientific journals publications in full the principal scientific papers published in international scientific conferences f) other papers and scientific contributions or where appropriate of artistic creation Art 31 Candidates for the position of associate professor must include in the file at least 3 names and contact addresses of personalities in this field in the country or abroad outside the higher education institution whose post is put up which accepted to write letters of recommendation regarding the applicants professional qualities The candidates for the position of professor must include in the file at least 3 names and contact addresses of personalities in the respective field from foreign institutions of higher education and research in the list approved by the Ministry of Education Youth and Sports developed according to art 216 paragraph 2 item f of the Law of National Education 12011 The domains-specific credentials for candidates for the position of professor may come from some personalities in this field from Romania outside the higher education institution whose post is put up or competition Art 32 The application file is set up by the candidate and submitted to Constanta Maritime University 104 Mircea cel Batran Street specified on the Contest website or through postal or courier services for the confirmation of receipt The application file is sent to the members of the contest board starting from the closing date for application process of competition no later than 5 working days before the first part of the competition Art 33 The Legal Department of Constanta Maritime University will certify that the candidate fulfills the legal requirements by written approval The opinion will be communicated to the candidate within 48 hours of the issuance to but no less than 5 working days before the first part of the competition Art 34 If the number of candidates for a job that met the legal conditions for competition is less than or equal to 5 all candidates shall be invited by the institution of higher education to defend the assignments If the number of candidates for a job that met the legal conditions of competition is greater than 5 the contest board may preselect based on the application files and according to their methodology at least 5 candidates to sit for the contest Art 35 The contest board evaluates each candidate in terms of the following a) the relevance and impact of the scientific results of the candidate b) the candidates ability to guide students and young researchers

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

9

c) the candidates teaching skills d) the applicants ability to transfer knowledge and results to the economic or social or publicize their scientific results e) the candidates ability to work in teams and efficiency of its scientific collaborations f) the candidates ability to conduct research and development projects g) the applicants professional experience in other institutions than the institution which set out the post for competition especially the experience in higher education and research institutions from the list approved by the Ministry of Education Youth and Sports issued under Art 216 paragraph 2 item f of the Law of National Education 12011 Art 36 The contest board shall evaluate the candidates professional competence exclusively by one or more competition tests (specific to the teaching position) including lectures classes and the like For all posts at least one contest is represented by a public lecture of at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This sample contains necessarily a session of questions from the committee and the public The higher education institution shall announce on the website the contest date time and place of this trial Art 37 (1) Establishing the composition of the contest board is done after publication of the notice to put out for contest each open position and is made by the department whose teaching position belongs to (2) The composition of the contest board can include alternates (3) The Council department whose structure contains the specific position makes proposals for the composition of the contest board (4) The composition of the contest board is approved by the Dean of Faculty based on the proposals set out in para (3) and is approved by the faculty council (5) The nominal composition of the contest board along with the approval of the faculty is submitted for approval to the University Senate (6) Following the approval of the senate the contest board is appointed by decision of the Rector (7) Within 48 hours of the decision of the Rectors decision this is sent to the Ministry of Education Youth and Sports and published on the competition website For the positions of associate professor and professor the composition of the contest board is published in the Official Gazette Art 38 (1) The contest consists of 5 members including its president specialists in the specific position field or in related fields (2) In case of unavailability for participation of one member from the Committee that member shall be replaced by alternates appointed by the same procedure as the contest board members (3) The decisions of the contest board are taken by secret ballot of the members A decision of the Board shall be valid if it had the vote of at least three members of the board (4) The activity of the contest board is run by a president

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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10

(5) The members of the contest board are from Constanta Maritime University or an institution from the country or abroad (6) For the filling of the position of associate professor or professor at least three contest board members must be from outside the institution that organizes the contest from the country or abroad (7) For the filling of the position of professor except for positions with a Romanian specificity at least one member has an employment contract at the date of publication in the official gazette of setting out the specific position for contest with an educational institution foreign education and research which is included in the list approved by the Minister of Education Youth and Sports issued under Art 216 paragraph 2 item f of the Law of National Education 12011 upon proposal of CNATDCU and CNCS (8) Members of the competition must have a superior teaching degree or at least equal to that of the vacant position (9) For the exclusive purpose of participation in the contest board the equivalence of the teaching degrees for foreign members with teaching degrees in the country is done by the university senate upon approval of the composition of the contest board (10) The president of the contest is the Dean of Faculty according to its own methodology Art 39 (1) The contest takes place in no more than 45 days after the end of the registration period (2) The contest is to assess scientific work and teaching qualities of the candidates (3) For each position the contest board decides on the hierarchy of candidates and nominates the candidate who obtains the best results (4) The President of the contest board shall report on the contest based on the appraisal reports prepared by each member of the board respecting the hierarchy of candidates decided upon by the board (5) The contest report is approved by decision of the contest board members and signed by each member of the board and the chairman (6) the Faculty Council examines the procedures established by the methodology of the institutions of higher education and grant or deny approval on contest report The hierarchy determined for candidates by the contest board cannot be changed by the faculty council (7) The university senate examines the procedures established by the methodology of the institutions of higher education and approves or denies the contest report The hierarchy of candidates determined by the contest board cannot be changed by the university senate Art 40 (1) The University Senate approves the contest result and the appointment shall be granted by decision of the Rector starting the next semester (2) The decision to appoint and award the academic degree by Constanta Maritime University along with the contest report are to be sent to the Ministry of Education Youth and Sports and CNATDCU within 48 hours of the appointment decision Art 41 If the open position was not filled the contest can be resumed in the next semester with full retake of the competition procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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11

Art 42 The result of the contest will be published on the competition website within 2 working days of the completion of the contest Art 43 Each year no later than September 1 the University prepares an annual report on the organization conduct and completion of contests for teaching positions The report is sent to the Ministry of Education Youth and Sports and CNATDCU

SUBCHAPTER II4

THE CONTEST BOARDS AND CONTEST ORGANIZATION Art 44 The composition of contest boards is proposed by the department council endorsed by the Faculty Council and approved by CMU Senate Decisions to appoint contest boards are compiled by the Deanrsquos Office for the posts of junior lecturer Senior Lecturer Lecturer respectively and by the Rector for the post of associate professor and professor Art 45 (1) The competition takes place within 30 days of the conclusion of the registration period (2) Completion of contest at the level of CMU is mandatory within 45 days from the submission of the contest board report and is operational in assigning successful candidates the basic teaching quota in CMU Art 46 For the post of JUNIOR LECTURER the following requirements are to be met cumulatively a) holding a PhD degree b) at least 5 papers (articles studies) published (author co-author) in journals or in proceedings of conferences with ISBN c) performing a lab class seminar in the presence of contest board members at a scheduled group This part of the contest contains necessarily one session of questions from the committee and the public The university website shall announce the contest date time and place of that trial d) achievement of the minimum score in the Annex of professional assessment Art 47 For a position of SENIOR LECTURER LECTURER candidates must meet the following cumulative conditions a) holding a PhD degree b) certificate of competency (or equivalent) for specific professional disciplines c) more than 10 papers published (author or co-author) in journals or in volumes of scientific conferences wih ISBN d) teaching one course seminar as scheduled in the timetable e) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the board and the public The university shall announce on the website the contest date time and place of that trial f) achieve the minimum score in the Annex of professional assessment

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

12

Art 48 For the position of ASSOCIATE PROFESSOR the following conditions are required cumulatively a) holding a PhD in the job profile b) at least 20 publications (10 as first author) of which at least 2 papers in specialized journals of international circulation (ISI standard) or indexed in an international database-specific to the field c) treaties monographs and books of expertise as sole author published at a CNCSIS publisher with ISBN d) 1 research contract awarded by competition as Project Manager e) the entire scientific activity should meet the specific criteria to the majors graduated set by the Council of National Titles Diplomas and Certificates (CNATDCU) f) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university shall announce on the website the contest date time and place of that trial g) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Senior Lecturer h) achievement of minimum performance indicators in the Annex of professional assessment Art 49 For the position of PROFESSOR the following conditions are required a) holding a PhD in the job profile b) holding a certificate of entitlement c) 2 grants research contracts obtained through competition one of which international and the candidate should have the quality of director in at least one d) have at least three books and three university courses as sole author or first author published in the domain of expertise for the candidate (the publishers recognized by CNCSIS) out of which at least one book and an academic course after the latest promotion e) at least 25 publications (15 as first author) f) all scientific activity to meet the criteria established by CNATDCU g) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university website shall announce the contest date time and place of that trial h) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Associate Professor i) achieve the minimum score in the Annex of professional assessment Art 50 The contest board for the position of associate professor or professor is composed of the Dean as president 4 members of CMU Senate The contest board is made up of lecturers and professors for the position of associate professor ie only of professors for the position of professor

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

13

SUBCHAPTER II5

COMPLETION OF CONTESTS FOR FILLING TEACHING POSITIONS Art 51 The application files including reports of the examination shall be submitted to the Dean of the faculty who is in charge of debating their result as well as presenting the file and the conclusions of the contest board to the Faculty Council CMU Senate UMC the Dean ensures necessary conditions for consultation of contest materials by members of the Faculty Council Art 52 In the Faculty Council meeting the Dean or the chairman of the contest board presents the summative report (briefing) of the contest board and nominate the candidate with the best performance The Faculty Council validates the competition results by open ballot The contest validation requires the presence of two thirds of the members of the Faculty Council Art 53 Based on the decision of the Faculty Council the Dean shall prepare a statement of the minutes of the meeting of the Faculty Council and attach a copy of the convening notice of the meeting (with the signatures of everybody present) These documents are added to the file of each candidate and submitted to CMU Administrative board within the time prescribed by the latter Art 54 (1) If the Teaching Council rejected the proposal of contest board to declare a candidate as successful the dean shall notify CMU Administrative Board within 24 hours forwarding the application files (2) After consultation with the Dean CMU Administrative Board may decide to use two acknowledged specialists by the university or beyond asking them to evaluate the file At the request of the persons concerned their identity can remain confidential in which case CMU Administrative Board assumes personal responsibility for the authenticity of their conclusions (3) CMU Administrative Board shall consider the legality of the procedure for both competition and candidate performance and presents further evaluation findings when applying this procedure (4) If following the review The Administrative Board considers that the decision of the Faculty Council is thorough and lawful it becomes final and no longer submit the file to CMU Senate If the Board has doubts as to the legality or validity of the Teaching Council decision it shall submit the file to CMU Senate with a reasoned proposal (5) In no case shall the Teaching Council or the Administrative Board declare successful a different candidate than the one proposed by the Contest Board Art 55 (1) The decision of the Faculty Council shall be presented by the Dean and forwarded for validation by the Rector to CMU Senate which verifies the compliance with the competition criteria and procedure and is declared as such by open ballot Decisions are taken by a majority of votes of present members if their number is at least 23 of the total membership

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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14

(2) The faculties are free to introduce their own regulations and other criteria for assessing the educational and scientific activities of the candidates including the opinions of students who have benefited from the teaching performance of a candidate Art 56 The appointment as Junior Lecturer Senior Lecturer Lecturer is made by Rectorrsquos decision from the first day of the semester following the confirmation of the contest by CMU Senate Art 57 Appointment to the position of associate professor professor respectively is made by Rectorrsquos decision based on the Order of the Ministry of Eduaction Research Youth and Sports from the first day of the month following the contest validation by the committee of the Ministry of Education Research Youth and Sports (CNATDCU)

SUBCHAPTER II6

FILLING VACANT POSITIONS BY ASSOCIATE TEACHING STAFF Art 58 (1) The teaching and research staff retire at the age of 65 (2) In higher education it is prohibited the employment of any management or administrative positions at all levels of the university after retirement Mandates of personnel holding management or administration positions at all levels of the university lawfully ceases for the persons who have reached retirement age Exceptions to these rules are members of the administrative board of private universities (3) The University Senate of the state private and denominational universities based on professional performance and the financial situation may decide to continue the activity of a teacher or research specialist after retirement based on a fixed term contract for one year with possibility of extension in compliance with the University Charter with no age limit The University Senate may decide to confer the honorary professor emeritus title for excellence in teaching and research to teachers who have reached the retirement age Retired teachers can be paid on an hourly system Art 59 (1) Teachers and research specialists supervising doctorates retire at the age of 65 and a) can lead PhDs in progress at the time of retirement until the age of 70 years b) after the age of 65 can supervise in PhD students only under the joint supervision with a teacher or a research specialist who reaches the age of retirement during the entire PhD program of studies respectively (2) retired teachers can carry out teaching paid by the hour after the standard retirement age (3) vacant teaching positions or temporary vacancies are covered with priority by permanent teachers of the institution or hourly-paid associate teaching staff according to the Law 1 of 5 January 2011 (4) Employment of scientific experts whose value has been recognized in the field by inventions innovations awards scientific publications in the country or abroad as

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

15

guest professors or associate professors is approved by the department council and approved by the faculty council Art 60 (1) Filling of vacant teaching positions by the associate teaching staff can be for a period of time determined in accordance with Law no 1 of 5 January 2011 from CMU Charter the selection of files organized in the department in compliance with legislation (2) The proposal of associated teaching staff is made by the head of department The Department decision is subject for approval to the Faculty Council Proposals of associated teachers can be made during the semester or the academic year (3) The file for the temporary filling of a vacant teaching position with associated teachers will include a) the applicants request b) Curriculum vitae and list of scientific papers c) List of teaching and scientific works d) Copy of BS MD PhD degree e) Affidavit stating that the respective person is teaching or doing research activities in other universities (4) The Dean of the Faculty shall forward to CMU Senate the file of the associate teacher accompanied by the approval of the Faculty Council Art 61 (1) Vacancies to be filled with associate teachers shall be disclosed at least 30 days before the beginning of the semester by display at the department and published on the university website (2) Temporary employment of associate teachers shall be made by decision of the Rector and the salaries are based on the position held The decision shall specify the period of employment Art 62 (1) Coverage of vacant teaching positions in an hourly system can be done with own teaching staff or associate teaching staff outside CMU Candidates nominated by departments with the approval of the Faculty Council shall meet the requirements of this Regulation on the position in question (2) Associate teaching staff must enroll their scientific results obtained during their activity at UMC in its record

Art 63 The models and pre-defined criteria that are prepared in connection with the filling of teaching positions are shown in the annexes of the Internal Regulation and constitute part of this Regulation

B FOR CONTRACT EMPLOYEES (Order of the Ministry of Education Research Youth and Sports MECTS nr 442215062011)

Art 64 (1) Promotion ensures career development of employed personnel by passing to a higher degree professional rank top level

(2) Promotion of employees with individual employment contract by professional degrees or stages is usually made on a vacant position

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

16

(3) Where there is no vacant position promotion by professional degrees or stages is achieved by transforming the position that a person is qualified for a level immediately above

(4) Promotion by professional degrees or stages of contractual staff in the public sector is made by examination ie competition for vacant positions Art 65 Transformation of occupied positions with a view to promotion for the positions higher education institutions shall be approved by the university senate

Art 66 - (1) The exam or contest to promote by professional degrees or stages for contractual staff consists of a written test and a practical test as appropriate and interview set by the examination board

(2) The practical exam replaces the written test for functions that you need to check practical skills for

(3) To participate in the examination or examination for promotion by professional degrees or stages the candidate must have obtained a very good individual performance appraisal at least twice in the last 3 years

(4) The position of junior employed staff the promotion examination is held usually within 5 days of the end of their debut under the law

Art 67 - (1) The examination board shall consist of three members two members of the institution or public authority and a member of the union or if appropriate a representative of employees with experience and knowledge in the position for which promotion is made

(2) The examination designated by administrative action by the authorizing officer will evaluate the candidate in the promotion examination according to the following criteria

a) theoretical knowledge required for the position assessed

b) behavior in crisis situations

c) communication skills

d) the ability of synthesis

(3) The criteria set out in para (2) a) shall be based on a written test of the the employees field of expertise and certifying the degree of accumulation of professional experience in the field The written test can be sat for as a multiple-choice test

(4) The criteria set out in para (2) b) - d) are evaluated in the interview

(5) The examination board may establish other specific evaluation criteria that will be assessed during the interview such as

a) complexity initiative creativity and diversity of activities

b) judgment and the impact of decisions

c) influence coordination and supervision Art 68 - (1) In the examination or promotion contest each of the two tests or the

written or practical test as appropriate including the interview shall be marked with a maximum score of 100 points

(2) The members of the examination award individual scores for each of the two tests referred to in para (1) recorded in the scoring sheet

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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17

(3) The final score of each of the two tests is calculated as the arithmetic average of the scores under par (2)

Art 69 - (1) contest or promotion exam score is calculated as the arithmetic average of the scores obtained in each of the final two tests written or practical as appropriate and interview

(2) The minimum passing score is 50 points Art 70 - (1) After the results obtained dissatisfied candidates may appeal within 48 hours of notification (2) Settlement of complaints and the results thereof shall be made within one working day after the deadline for submission of appeals

Art 71 - (1) For the settlement of appeals by an administrative officer

committee for solving complaints is made up consisting of 3 members (2) Membership in the examination is incompatible with membership of the

committee responsible for review (3) The members of the committee responsible for review must have experience

and knowledge in the position for which promotion is made Art 72 - (1) In the event that the person cannot obtain the minimum score

heshe can sit for a new promotion or competition exam in maximum 3 months (2) Until passing the exam or contest the person remains assigned to the

previously held professional degree stage

Art 73 Following the promotion the employee job description shall be completed with new responsibilties pertaining to the job

CHAPTER III

Rules regarding the respect of the principle of non-discrimination and dismissal of any form of dignity infringement

Art 74 Within the University in labor relations the working principle is that of equal treatment of all employees and the principle of non-discrimination and equal opportunities between women and men are respected Labor relations are based on the consensus principle and good faith Art 75 Any employee who performs work in the university benefits from respect of dignity and conscience without any discrimination Art 76 (1) Any direct or indirect discrimination of employees based on gender sexual orientation genetic features age nationality race color ethnicity religion political opinion social origin disability marital status or responsibility membership or activity in unions is forbidden

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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18

(2) The actions considered being direct discrimination acts and acts of exclusion distinction restriction or preference based on one or more of the criteria set out in para (1) which have the purpose or result in denial restriction or exclusion recognition enjoyment or exercise of employees rights The actions and deeds or acts apparently based on criteria other than the above but have any direct discriminatory consequences are considered to be direct discrimination

Art 77 Employees will be given the right to equal pay for equal work the right to individual and collective bargaining the right to protection from disclosure of personal information the right to protection against unlawful dismissal Art 78 (1) It is forbidden to ask a job candidate to perform present a pregnancy test or to sign a pledge that she will not get pregnant which would bear on the validity of the individual employment contract (2) The provisions of par (1) shall not apply in the case of prohibited jobs for pregnant and or breastfeeding women due to working conditions

Art 79 It is forbidden that decisions related to a person be affected by the acceptance or rejection of the conduct of a person related to harassment or sexual harassment thereof Art 80 It shall be considered as sex-based discrimination the conduct defined as harassment or sexual harassment aimed at a) creating an intimidating hostile workplace atmosphere or daunting for the person b) negative influence of the employee situation regarding promotion remuneration or income of any kind or access to training education and professional development if heshe refuses to accept unwanted behavior - verbal nonverbal or physical ndash related to sexual life Art 81 The refusal to employ a person who does not meet the job requirements and standards as long as it is not discriminatory act shall not constitute a breach of this Regulation Art 82 Any conduct nationalist character - jingoistic incitement to racial or national hatred or any behavior aimed at achieving dignity or creating an atmosphere hostile degrading humiliating or offensive directed against a person or group people shall be considered a violation of this regulation Art 83 Measures to promote equal opportunities between women and men and to eliminate direct and indirect discrimination on grounds of sex are in accordance with Law no 2022002 - reissued - on equality between women and men Art 84 The violation of the rules on non-discrimination and the removal of all forms of violation of dignity constitute misconduct

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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19

CHAPTER IV

Managing working and leave time Art 85 (1) The duration of working time of each full-time employee is 8 hours per day and 40 hours per week for auxiliary and contract staff and is performed 5 days working week (2) The work expanded to more than 48 hours week annual average will be subject only to the law and the applicable collective labor contract (3) The program is set for Monday through Friday between 730-1530 with a lunch break of 15 minutes which is included in the length of the working day (4) for the teaching staff the organization of working time complies with the provisions of Law no 12011 ndash the Law of Education ndash reissued and the provisions of the Collective Labor Agreement at the university level on the teaching quota and on the distribution of working hours in the week (5) The management of the university has the right within the limits imposed by legislation and procedures to alter schedule as required Art 86 Overtime work can be done in the cases and conditions provided by law the applicable collective labor contract and with prior approval of the CMU managing structures Art 87 (1) At the beginning and end of working hours each employee regardless of the position heshe holds except teaching staff shall sign the attendance register indicating time of arrival and departure time which will be checked regularly by the Human Resources Office (2) The attendance register will note delays and gaps in the program specifying whether or not they are justified (3) If the delay or absence was due to unforeseen circumstances or reasons beyond the control of the employee (illness accident etc) The employee is required to inform the following two days the head compartment he she is part of Art 88 The situation of this work attendance is prepared by the staff with responsibilities in this regard is supervised by the head of department or his deputy who has delegation of competence for this activity and transmitted to the Human Resources Office no later than the 3rd of the month following expiry month After submission to the Human Resources Office this situation can be changed only with the written and motivated approval of the chief who endorsed it Registrations of false information in the register is a serious offense and will be penalized according to the provisions of this Regulation Art 89 The university management may grant by law leave without pay at the motivated request of interested employees

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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20

Art 90 Programming the leaves is made at the end of each year for the next year Proposals of programming leaves are made by the management of each department and approved by the university management The order and physical performance of the leaves will be fixed by installments throughout the year taking into account the proper conduct of activity and the interests of employees Art 91 Employees are entitled to sick leave according to the law Sick leave shall be submitted to the Human Resources Office within 3 days of release the signed acknowledgment on white copy (back) of the chief Art 92 The Human Resources Office will keep track of delays consent sick leave study leave without pay and holidays Art 93 Entering the university premises for persons who are not employees of the institution shall be handled by each department involved in solving their problems Art 94 The management of each department will hold daily control at the end of the program the way in which employees meet their obligations in terms of closing windows locking offices cupboards and filing cabinets and turning off lights etc Art 95 The provisions of this Regulation on the organization of work and rest is filled according to the collective labor agreement applicable to CMU and according to the specific legislation

CHAPTER V

Rights and obligations of university and university employees

1 Rights and obligations of University Management

Art 96 The university management has a duty to take all measures to ensure appropriate work conditions for the institution Art 97 The university management shall ensure proper organization of the whole activity in order to provide efficient management of cash funds and materials to this effect it sets abiding by the law rules of labor discipline obligations of employees and their liability in case of breach of work duties Art 98 The institution management of the mainly have the following rights a) establishing the organization and functioning of the unit b) establish appropriate tasks for each employee and department according to the law c) give instructions binding the employee on their legality d) exercise control over the performance of duties e) to assess the disciplinary offenses and apply appropriate sanctions according to the law the collective labor agreement and the applicable rules of procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

21

f) establish the organizational structure of institutions and organizational structures fields Art 99 The Institution Management of the have the following obligations a) ensure rational use of labor force maintaining the number of employees to carry out their duties strictly required b) aims to raise the professional qualification of employees their promotion in relation to the preparation of the results obtained from annual evaluations and requirements and or needs for the proper functioning of the institution c) examines critical comments suggestions and proposals for action made by employees of the institution d) organizes working time in specific reports as required in order to ensure the functionality and compliance with legal duration of working time and rest e) ensures compliance with legal regulations on working time and rest as well as any other legal rights for employees f) pays all contributions and taxes in their jurisdiction and retains and pays contributions and taxes payable by employees according to the law g) informs employees of the work conditions and on issues related to employment relationships h) provides permanent technical and organizational conditions considered in developing appropriate labor standards and working conditions i) all rights granted to employees under the law the applicable collective agreement and individual employment contracts j) shall regularly convey to employees the economic and financial situation of the unit k) shall consult with the union or where appropriate with representatives of employees on decisions likely to substantially affect their rights and interests l) establishes the general register of employees as required by law and operates entries provided by law m) shall upon request issue all documents evidencing the status of employee for the applicant n) ensures confidentiality of personal data of employees a) prevents and sanctions by law any form of discrimination p) assesses the disciplinary offenses and imposes sanctions under the law in force the collective labor agreement and the internal regulation

2 Rights and obligations of employees

Art 100 University employees have under the Labour Code the following rights a) the right to remuneration for their work b) the right to meal breaks daily and weekly rest c) The right to public holidays and annual leave d) the right to dignity at work e) The right to equal opportunities and treatment f) the right to safety and health at work g) the right of access to training h) the right to information and consultation

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

22

i) the right to take part in the determination and improvement of working conditions and working environment j) the right to protection in cases of dismissal k) The right to bargain collectively and individually l) the right to participate in legal collective activities m) the right to form or join a union

Art 101 University employees must comply with all their obligations under the law the applicable collective labor agreement and the rules of conduct the individual labor contracts including the job description and internal rules Mainly University employees have the following obligations a) comply strictly with their functions in the job description and the tasks assigned hierarchically with accountability competence efficiency fairness and conscientiousness b) to comply with the order and discipline at the workplace c) to comply with schedule and make effective use of working time d) be familiar with the tasks that have to be executed e) to acquire professional knowledge of duties attend training courses or courses organized for this purpose f) to comply with security measures and occupational health in school work safety regulations and fire prevention or any other situation that could endanger the life and physical integrity personal health or that of other persons buildings etc g) to comply with access rules in the institution to take steps to remove any person if their presence could cause a safety hazard or hinder the normal operation of the institution h) in cases of force majeure are obliged to know participate and ensure the civilian protection measures i) to be present for work in proper condition to fulfill their duties in good conditions j) notify the chief supervisor as soon as they became aware of irregularities misconduct hardship or deprivation k) to know and comply with the internal regulations in the applicable collective labor contract and the individual labor contract l) employees are required to effectively use working time and facilities to solve duties pertaining to their position m) to maintain cleanliness in the workplace and in all places of common use n) to secure official documents at the end of working hours After working hours it is forbidden to leave appliances plugged in except computer and tactical equipment (fax servers communications etc) and lighting installations a) not to leave unattended during working hours machinery and equipment in operation p) be faithful to the university of their duties q) to observe secrecy r) hold patrimonial liability under the rules and contractual liability for material damages bore to the University of their own guilt or as a consequence of their work s) comply with the principles of impartiality and non-discrimination

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 8: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

8

included in the file electronically and can be found in other categories of works under this article For the post of professor there will be specified only the list of scientific papers carried out after obtaining the certificate of entitlement b) PhD thesis or theses c) Patents and other intellectual and industrial property titles d) books and chapters in books e) articles studies in full published in the main international scientific journals publications in full the principal scientific papers published in international scientific conferences f) other papers and scientific contributions or where appropriate of artistic creation Art 31 Candidates for the position of associate professor must include in the file at least 3 names and contact addresses of personalities in this field in the country or abroad outside the higher education institution whose post is put up which accepted to write letters of recommendation regarding the applicants professional qualities The candidates for the position of professor must include in the file at least 3 names and contact addresses of personalities in the respective field from foreign institutions of higher education and research in the list approved by the Ministry of Education Youth and Sports developed according to art 216 paragraph 2 item f of the Law of National Education 12011 The domains-specific credentials for candidates for the position of professor may come from some personalities in this field from Romania outside the higher education institution whose post is put up or competition Art 32 The application file is set up by the candidate and submitted to Constanta Maritime University 104 Mircea cel Batran Street specified on the Contest website or through postal or courier services for the confirmation of receipt The application file is sent to the members of the contest board starting from the closing date for application process of competition no later than 5 working days before the first part of the competition Art 33 The Legal Department of Constanta Maritime University will certify that the candidate fulfills the legal requirements by written approval The opinion will be communicated to the candidate within 48 hours of the issuance to but no less than 5 working days before the first part of the competition Art 34 If the number of candidates for a job that met the legal conditions for competition is less than or equal to 5 all candidates shall be invited by the institution of higher education to defend the assignments If the number of candidates for a job that met the legal conditions of competition is greater than 5 the contest board may preselect based on the application files and according to their methodology at least 5 candidates to sit for the contest Art 35 The contest board evaluates each candidate in terms of the following a) the relevance and impact of the scientific results of the candidate b) the candidates ability to guide students and young researchers

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

9

c) the candidates teaching skills d) the applicants ability to transfer knowledge and results to the economic or social or publicize their scientific results e) the candidates ability to work in teams and efficiency of its scientific collaborations f) the candidates ability to conduct research and development projects g) the applicants professional experience in other institutions than the institution which set out the post for competition especially the experience in higher education and research institutions from the list approved by the Ministry of Education Youth and Sports issued under Art 216 paragraph 2 item f of the Law of National Education 12011 Art 36 The contest board shall evaluate the candidates professional competence exclusively by one or more competition tests (specific to the teaching position) including lectures classes and the like For all posts at least one contest is represented by a public lecture of at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This sample contains necessarily a session of questions from the committee and the public The higher education institution shall announce on the website the contest date time and place of this trial Art 37 (1) Establishing the composition of the contest board is done after publication of the notice to put out for contest each open position and is made by the department whose teaching position belongs to (2) The composition of the contest board can include alternates (3) The Council department whose structure contains the specific position makes proposals for the composition of the contest board (4) The composition of the contest board is approved by the Dean of Faculty based on the proposals set out in para (3) and is approved by the faculty council (5) The nominal composition of the contest board along with the approval of the faculty is submitted for approval to the University Senate (6) Following the approval of the senate the contest board is appointed by decision of the Rector (7) Within 48 hours of the decision of the Rectors decision this is sent to the Ministry of Education Youth and Sports and published on the competition website For the positions of associate professor and professor the composition of the contest board is published in the Official Gazette Art 38 (1) The contest consists of 5 members including its president specialists in the specific position field or in related fields (2) In case of unavailability for participation of one member from the Committee that member shall be replaced by alternates appointed by the same procedure as the contest board members (3) The decisions of the contest board are taken by secret ballot of the members A decision of the Board shall be valid if it had the vote of at least three members of the board (4) The activity of the contest board is run by a president

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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10

(5) The members of the contest board are from Constanta Maritime University or an institution from the country or abroad (6) For the filling of the position of associate professor or professor at least three contest board members must be from outside the institution that organizes the contest from the country or abroad (7) For the filling of the position of professor except for positions with a Romanian specificity at least one member has an employment contract at the date of publication in the official gazette of setting out the specific position for contest with an educational institution foreign education and research which is included in the list approved by the Minister of Education Youth and Sports issued under Art 216 paragraph 2 item f of the Law of National Education 12011 upon proposal of CNATDCU and CNCS (8) Members of the competition must have a superior teaching degree or at least equal to that of the vacant position (9) For the exclusive purpose of participation in the contest board the equivalence of the teaching degrees for foreign members with teaching degrees in the country is done by the university senate upon approval of the composition of the contest board (10) The president of the contest is the Dean of Faculty according to its own methodology Art 39 (1) The contest takes place in no more than 45 days after the end of the registration period (2) The contest is to assess scientific work and teaching qualities of the candidates (3) For each position the contest board decides on the hierarchy of candidates and nominates the candidate who obtains the best results (4) The President of the contest board shall report on the contest based on the appraisal reports prepared by each member of the board respecting the hierarchy of candidates decided upon by the board (5) The contest report is approved by decision of the contest board members and signed by each member of the board and the chairman (6) the Faculty Council examines the procedures established by the methodology of the institutions of higher education and grant or deny approval on contest report The hierarchy determined for candidates by the contest board cannot be changed by the faculty council (7) The university senate examines the procedures established by the methodology of the institutions of higher education and approves or denies the contest report The hierarchy of candidates determined by the contest board cannot be changed by the university senate Art 40 (1) The University Senate approves the contest result and the appointment shall be granted by decision of the Rector starting the next semester (2) The decision to appoint and award the academic degree by Constanta Maritime University along with the contest report are to be sent to the Ministry of Education Youth and Sports and CNATDCU within 48 hours of the appointment decision Art 41 If the open position was not filled the contest can be resumed in the next semester with full retake of the competition procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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11

Art 42 The result of the contest will be published on the competition website within 2 working days of the completion of the contest Art 43 Each year no later than September 1 the University prepares an annual report on the organization conduct and completion of contests for teaching positions The report is sent to the Ministry of Education Youth and Sports and CNATDCU

SUBCHAPTER II4

THE CONTEST BOARDS AND CONTEST ORGANIZATION Art 44 The composition of contest boards is proposed by the department council endorsed by the Faculty Council and approved by CMU Senate Decisions to appoint contest boards are compiled by the Deanrsquos Office for the posts of junior lecturer Senior Lecturer Lecturer respectively and by the Rector for the post of associate professor and professor Art 45 (1) The competition takes place within 30 days of the conclusion of the registration period (2) Completion of contest at the level of CMU is mandatory within 45 days from the submission of the contest board report and is operational in assigning successful candidates the basic teaching quota in CMU Art 46 For the post of JUNIOR LECTURER the following requirements are to be met cumulatively a) holding a PhD degree b) at least 5 papers (articles studies) published (author co-author) in journals or in proceedings of conferences with ISBN c) performing a lab class seminar in the presence of contest board members at a scheduled group This part of the contest contains necessarily one session of questions from the committee and the public The university website shall announce the contest date time and place of that trial d) achievement of the minimum score in the Annex of professional assessment Art 47 For a position of SENIOR LECTURER LECTURER candidates must meet the following cumulative conditions a) holding a PhD degree b) certificate of competency (or equivalent) for specific professional disciplines c) more than 10 papers published (author or co-author) in journals or in volumes of scientific conferences wih ISBN d) teaching one course seminar as scheduled in the timetable e) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the board and the public The university shall announce on the website the contest date time and place of that trial f) achieve the minimum score in the Annex of professional assessment

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

12

Art 48 For the position of ASSOCIATE PROFESSOR the following conditions are required cumulatively a) holding a PhD in the job profile b) at least 20 publications (10 as first author) of which at least 2 papers in specialized journals of international circulation (ISI standard) or indexed in an international database-specific to the field c) treaties monographs and books of expertise as sole author published at a CNCSIS publisher with ISBN d) 1 research contract awarded by competition as Project Manager e) the entire scientific activity should meet the specific criteria to the majors graduated set by the Council of National Titles Diplomas and Certificates (CNATDCU) f) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university shall announce on the website the contest date time and place of that trial g) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Senior Lecturer h) achievement of minimum performance indicators in the Annex of professional assessment Art 49 For the position of PROFESSOR the following conditions are required a) holding a PhD in the job profile b) holding a certificate of entitlement c) 2 grants research contracts obtained through competition one of which international and the candidate should have the quality of director in at least one d) have at least three books and three university courses as sole author or first author published in the domain of expertise for the candidate (the publishers recognized by CNCSIS) out of which at least one book and an academic course after the latest promotion e) at least 25 publications (15 as first author) f) all scientific activity to meet the criteria established by CNATDCU g) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university website shall announce the contest date time and place of that trial h) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Associate Professor i) achieve the minimum score in the Annex of professional assessment Art 50 The contest board for the position of associate professor or professor is composed of the Dean as president 4 members of CMU Senate The contest board is made up of lecturers and professors for the position of associate professor ie only of professors for the position of professor

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

13

SUBCHAPTER II5

COMPLETION OF CONTESTS FOR FILLING TEACHING POSITIONS Art 51 The application files including reports of the examination shall be submitted to the Dean of the faculty who is in charge of debating their result as well as presenting the file and the conclusions of the contest board to the Faculty Council CMU Senate UMC the Dean ensures necessary conditions for consultation of contest materials by members of the Faculty Council Art 52 In the Faculty Council meeting the Dean or the chairman of the contest board presents the summative report (briefing) of the contest board and nominate the candidate with the best performance The Faculty Council validates the competition results by open ballot The contest validation requires the presence of two thirds of the members of the Faculty Council Art 53 Based on the decision of the Faculty Council the Dean shall prepare a statement of the minutes of the meeting of the Faculty Council and attach a copy of the convening notice of the meeting (with the signatures of everybody present) These documents are added to the file of each candidate and submitted to CMU Administrative board within the time prescribed by the latter Art 54 (1) If the Teaching Council rejected the proposal of contest board to declare a candidate as successful the dean shall notify CMU Administrative Board within 24 hours forwarding the application files (2) After consultation with the Dean CMU Administrative Board may decide to use two acknowledged specialists by the university or beyond asking them to evaluate the file At the request of the persons concerned their identity can remain confidential in which case CMU Administrative Board assumes personal responsibility for the authenticity of their conclusions (3) CMU Administrative Board shall consider the legality of the procedure for both competition and candidate performance and presents further evaluation findings when applying this procedure (4) If following the review The Administrative Board considers that the decision of the Faculty Council is thorough and lawful it becomes final and no longer submit the file to CMU Senate If the Board has doubts as to the legality or validity of the Teaching Council decision it shall submit the file to CMU Senate with a reasoned proposal (5) In no case shall the Teaching Council or the Administrative Board declare successful a different candidate than the one proposed by the Contest Board Art 55 (1) The decision of the Faculty Council shall be presented by the Dean and forwarded for validation by the Rector to CMU Senate which verifies the compliance with the competition criteria and procedure and is declared as such by open ballot Decisions are taken by a majority of votes of present members if their number is at least 23 of the total membership

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

14

(2) The faculties are free to introduce their own regulations and other criteria for assessing the educational and scientific activities of the candidates including the opinions of students who have benefited from the teaching performance of a candidate Art 56 The appointment as Junior Lecturer Senior Lecturer Lecturer is made by Rectorrsquos decision from the first day of the semester following the confirmation of the contest by CMU Senate Art 57 Appointment to the position of associate professor professor respectively is made by Rectorrsquos decision based on the Order of the Ministry of Eduaction Research Youth and Sports from the first day of the month following the contest validation by the committee of the Ministry of Education Research Youth and Sports (CNATDCU)

SUBCHAPTER II6

FILLING VACANT POSITIONS BY ASSOCIATE TEACHING STAFF Art 58 (1) The teaching and research staff retire at the age of 65 (2) In higher education it is prohibited the employment of any management or administrative positions at all levels of the university after retirement Mandates of personnel holding management or administration positions at all levels of the university lawfully ceases for the persons who have reached retirement age Exceptions to these rules are members of the administrative board of private universities (3) The University Senate of the state private and denominational universities based on professional performance and the financial situation may decide to continue the activity of a teacher or research specialist after retirement based on a fixed term contract for one year with possibility of extension in compliance with the University Charter with no age limit The University Senate may decide to confer the honorary professor emeritus title for excellence in teaching and research to teachers who have reached the retirement age Retired teachers can be paid on an hourly system Art 59 (1) Teachers and research specialists supervising doctorates retire at the age of 65 and a) can lead PhDs in progress at the time of retirement until the age of 70 years b) after the age of 65 can supervise in PhD students only under the joint supervision with a teacher or a research specialist who reaches the age of retirement during the entire PhD program of studies respectively (2) retired teachers can carry out teaching paid by the hour after the standard retirement age (3) vacant teaching positions or temporary vacancies are covered with priority by permanent teachers of the institution or hourly-paid associate teaching staff according to the Law 1 of 5 January 2011 (4) Employment of scientific experts whose value has been recognized in the field by inventions innovations awards scientific publications in the country or abroad as

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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15

guest professors or associate professors is approved by the department council and approved by the faculty council Art 60 (1) Filling of vacant teaching positions by the associate teaching staff can be for a period of time determined in accordance with Law no 1 of 5 January 2011 from CMU Charter the selection of files organized in the department in compliance with legislation (2) The proposal of associated teaching staff is made by the head of department The Department decision is subject for approval to the Faculty Council Proposals of associated teachers can be made during the semester or the academic year (3) The file for the temporary filling of a vacant teaching position with associated teachers will include a) the applicants request b) Curriculum vitae and list of scientific papers c) List of teaching and scientific works d) Copy of BS MD PhD degree e) Affidavit stating that the respective person is teaching or doing research activities in other universities (4) The Dean of the Faculty shall forward to CMU Senate the file of the associate teacher accompanied by the approval of the Faculty Council Art 61 (1) Vacancies to be filled with associate teachers shall be disclosed at least 30 days before the beginning of the semester by display at the department and published on the university website (2) Temporary employment of associate teachers shall be made by decision of the Rector and the salaries are based on the position held The decision shall specify the period of employment Art 62 (1) Coverage of vacant teaching positions in an hourly system can be done with own teaching staff or associate teaching staff outside CMU Candidates nominated by departments with the approval of the Faculty Council shall meet the requirements of this Regulation on the position in question (2) Associate teaching staff must enroll their scientific results obtained during their activity at UMC in its record

Art 63 The models and pre-defined criteria that are prepared in connection with the filling of teaching positions are shown in the annexes of the Internal Regulation and constitute part of this Regulation

B FOR CONTRACT EMPLOYEES (Order of the Ministry of Education Research Youth and Sports MECTS nr 442215062011)

Art 64 (1) Promotion ensures career development of employed personnel by passing to a higher degree professional rank top level

(2) Promotion of employees with individual employment contract by professional degrees or stages is usually made on a vacant position

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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16

(3) Where there is no vacant position promotion by professional degrees or stages is achieved by transforming the position that a person is qualified for a level immediately above

(4) Promotion by professional degrees or stages of contractual staff in the public sector is made by examination ie competition for vacant positions Art 65 Transformation of occupied positions with a view to promotion for the positions higher education institutions shall be approved by the university senate

Art 66 - (1) The exam or contest to promote by professional degrees or stages for contractual staff consists of a written test and a practical test as appropriate and interview set by the examination board

(2) The practical exam replaces the written test for functions that you need to check practical skills for

(3) To participate in the examination or examination for promotion by professional degrees or stages the candidate must have obtained a very good individual performance appraisal at least twice in the last 3 years

(4) The position of junior employed staff the promotion examination is held usually within 5 days of the end of their debut under the law

Art 67 - (1) The examination board shall consist of three members two members of the institution or public authority and a member of the union or if appropriate a representative of employees with experience and knowledge in the position for which promotion is made

(2) The examination designated by administrative action by the authorizing officer will evaluate the candidate in the promotion examination according to the following criteria

a) theoretical knowledge required for the position assessed

b) behavior in crisis situations

c) communication skills

d) the ability of synthesis

(3) The criteria set out in para (2) a) shall be based on a written test of the the employees field of expertise and certifying the degree of accumulation of professional experience in the field The written test can be sat for as a multiple-choice test

(4) The criteria set out in para (2) b) - d) are evaluated in the interview

(5) The examination board may establish other specific evaluation criteria that will be assessed during the interview such as

a) complexity initiative creativity and diversity of activities

b) judgment and the impact of decisions

c) influence coordination and supervision Art 68 - (1) In the examination or promotion contest each of the two tests or the

written or practical test as appropriate including the interview shall be marked with a maximum score of 100 points

(2) The members of the examination award individual scores for each of the two tests referred to in para (1) recorded in the scoring sheet

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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17

(3) The final score of each of the two tests is calculated as the arithmetic average of the scores under par (2)

Art 69 - (1) contest or promotion exam score is calculated as the arithmetic average of the scores obtained in each of the final two tests written or practical as appropriate and interview

(2) The minimum passing score is 50 points Art 70 - (1) After the results obtained dissatisfied candidates may appeal within 48 hours of notification (2) Settlement of complaints and the results thereof shall be made within one working day after the deadline for submission of appeals

Art 71 - (1) For the settlement of appeals by an administrative officer

committee for solving complaints is made up consisting of 3 members (2) Membership in the examination is incompatible with membership of the

committee responsible for review (3) The members of the committee responsible for review must have experience

and knowledge in the position for which promotion is made Art 72 - (1) In the event that the person cannot obtain the minimum score

heshe can sit for a new promotion or competition exam in maximum 3 months (2) Until passing the exam or contest the person remains assigned to the

previously held professional degree stage

Art 73 Following the promotion the employee job description shall be completed with new responsibilties pertaining to the job

CHAPTER III

Rules regarding the respect of the principle of non-discrimination and dismissal of any form of dignity infringement

Art 74 Within the University in labor relations the working principle is that of equal treatment of all employees and the principle of non-discrimination and equal opportunities between women and men are respected Labor relations are based on the consensus principle and good faith Art 75 Any employee who performs work in the university benefits from respect of dignity and conscience without any discrimination Art 76 (1) Any direct or indirect discrimination of employees based on gender sexual orientation genetic features age nationality race color ethnicity religion political opinion social origin disability marital status or responsibility membership or activity in unions is forbidden

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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18

(2) The actions considered being direct discrimination acts and acts of exclusion distinction restriction or preference based on one or more of the criteria set out in para (1) which have the purpose or result in denial restriction or exclusion recognition enjoyment or exercise of employees rights The actions and deeds or acts apparently based on criteria other than the above but have any direct discriminatory consequences are considered to be direct discrimination

Art 77 Employees will be given the right to equal pay for equal work the right to individual and collective bargaining the right to protection from disclosure of personal information the right to protection against unlawful dismissal Art 78 (1) It is forbidden to ask a job candidate to perform present a pregnancy test or to sign a pledge that she will not get pregnant which would bear on the validity of the individual employment contract (2) The provisions of par (1) shall not apply in the case of prohibited jobs for pregnant and or breastfeeding women due to working conditions

Art 79 It is forbidden that decisions related to a person be affected by the acceptance or rejection of the conduct of a person related to harassment or sexual harassment thereof Art 80 It shall be considered as sex-based discrimination the conduct defined as harassment or sexual harassment aimed at a) creating an intimidating hostile workplace atmosphere or daunting for the person b) negative influence of the employee situation regarding promotion remuneration or income of any kind or access to training education and professional development if heshe refuses to accept unwanted behavior - verbal nonverbal or physical ndash related to sexual life Art 81 The refusal to employ a person who does not meet the job requirements and standards as long as it is not discriminatory act shall not constitute a breach of this Regulation Art 82 Any conduct nationalist character - jingoistic incitement to racial or national hatred or any behavior aimed at achieving dignity or creating an atmosphere hostile degrading humiliating or offensive directed against a person or group people shall be considered a violation of this regulation Art 83 Measures to promote equal opportunities between women and men and to eliminate direct and indirect discrimination on grounds of sex are in accordance with Law no 2022002 - reissued - on equality between women and men Art 84 The violation of the rules on non-discrimination and the removal of all forms of violation of dignity constitute misconduct

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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19

CHAPTER IV

Managing working and leave time Art 85 (1) The duration of working time of each full-time employee is 8 hours per day and 40 hours per week for auxiliary and contract staff and is performed 5 days working week (2) The work expanded to more than 48 hours week annual average will be subject only to the law and the applicable collective labor contract (3) The program is set for Monday through Friday between 730-1530 with a lunch break of 15 minutes which is included in the length of the working day (4) for the teaching staff the organization of working time complies with the provisions of Law no 12011 ndash the Law of Education ndash reissued and the provisions of the Collective Labor Agreement at the university level on the teaching quota and on the distribution of working hours in the week (5) The management of the university has the right within the limits imposed by legislation and procedures to alter schedule as required Art 86 Overtime work can be done in the cases and conditions provided by law the applicable collective labor contract and with prior approval of the CMU managing structures Art 87 (1) At the beginning and end of working hours each employee regardless of the position heshe holds except teaching staff shall sign the attendance register indicating time of arrival and departure time which will be checked regularly by the Human Resources Office (2) The attendance register will note delays and gaps in the program specifying whether or not they are justified (3) If the delay or absence was due to unforeseen circumstances or reasons beyond the control of the employee (illness accident etc) The employee is required to inform the following two days the head compartment he she is part of Art 88 The situation of this work attendance is prepared by the staff with responsibilities in this regard is supervised by the head of department or his deputy who has delegation of competence for this activity and transmitted to the Human Resources Office no later than the 3rd of the month following expiry month After submission to the Human Resources Office this situation can be changed only with the written and motivated approval of the chief who endorsed it Registrations of false information in the register is a serious offense and will be penalized according to the provisions of this Regulation Art 89 The university management may grant by law leave without pay at the motivated request of interested employees

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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20

Art 90 Programming the leaves is made at the end of each year for the next year Proposals of programming leaves are made by the management of each department and approved by the university management The order and physical performance of the leaves will be fixed by installments throughout the year taking into account the proper conduct of activity and the interests of employees Art 91 Employees are entitled to sick leave according to the law Sick leave shall be submitted to the Human Resources Office within 3 days of release the signed acknowledgment on white copy (back) of the chief Art 92 The Human Resources Office will keep track of delays consent sick leave study leave without pay and holidays Art 93 Entering the university premises for persons who are not employees of the institution shall be handled by each department involved in solving their problems Art 94 The management of each department will hold daily control at the end of the program the way in which employees meet their obligations in terms of closing windows locking offices cupboards and filing cabinets and turning off lights etc Art 95 The provisions of this Regulation on the organization of work and rest is filled according to the collective labor agreement applicable to CMU and according to the specific legislation

CHAPTER V

Rights and obligations of university and university employees

1 Rights and obligations of University Management

Art 96 The university management has a duty to take all measures to ensure appropriate work conditions for the institution Art 97 The university management shall ensure proper organization of the whole activity in order to provide efficient management of cash funds and materials to this effect it sets abiding by the law rules of labor discipline obligations of employees and their liability in case of breach of work duties Art 98 The institution management of the mainly have the following rights a) establishing the organization and functioning of the unit b) establish appropriate tasks for each employee and department according to the law c) give instructions binding the employee on their legality d) exercise control over the performance of duties e) to assess the disciplinary offenses and apply appropriate sanctions according to the law the collective labor agreement and the applicable rules of procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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21

f) establish the organizational structure of institutions and organizational structures fields Art 99 The Institution Management of the have the following obligations a) ensure rational use of labor force maintaining the number of employees to carry out their duties strictly required b) aims to raise the professional qualification of employees their promotion in relation to the preparation of the results obtained from annual evaluations and requirements and or needs for the proper functioning of the institution c) examines critical comments suggestions and proposals for action made by employees of the institution d) organizes working time in specific reports as required in order to ensure the functionality and compliance with legal duration of working time and rest e) ensures compliance with legal regulations on working time and rest as well as any other legal rights for employees f) pays all contributions and taxes in their jurisdiction and retains and pays contributions and taxes payable by employees according to the law g) informs employees of the work conditions and on issues related to employment relationships h) provides permanent technical and organizational conditions considered in developing appropriate labor standards and working conditions i) all rights granted to employees under the law the applicable collective agreement and individual employment contracts j) shall regularly convey to employees the economic and financial situation of the unit k) shall consult with the union or where appropriate with representatives of employees on decisions likely to substantially affect their rights and interests l) establishes the general register of employees as required by law and operates entries provided by law m) shall upon request issue all documents evidencing the status of employee for the applicant n) ensures confidentiality of personal data of employees a) prevents and sanctions by law any form of discrimination p) assesses the disciplinary offenses and imposes sanctions under the law in force the collective labor agreement and the internal regulation

2 Rights and obligations of employees

Art 100 University employees have under the Labour Code the following rights a) the right to remuneration for their work b) the right to meal breaks daily and weekly rest c) The right to public holidays and annual leave d) the right to dignity at work e) The right to equal opportunities and treatment f) the right to safety and health at work g) the right of access to training h) the right to information and consultation

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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22

i) the right to take part in the determination and improvement of working conditions and working environment j) the right to protection in cases of dismissal k) The right to bargain collectively and individually l) the right to participate in legal collective activities m) the right to form or join a union

Art 101 University employees must comply with all their obligations under the law the applicable collective labor agreement and the rules of conduct the individual labor contracts including the job description and internal rules Mainly University employees have the following obligations a) comply strictly with their functions in the job description and the tasks assigned hierarchically with accountability competence efficiency fairness and conscientiousness b) to comply with the order and discipline at the workplace c) to comply with schedule and make effective use of working time d) be familiar with the tasks that have to be executed e) to acquire professional knowledge of duties attend training courses or courses organized for this purpose f) to comply with security measures and occupational health in school work safety regulations and fire prevention or any other situation that could endanger the life and physical integrity personal health or that of other persons buildings etc g) to comply with access rules in the institution to take steps to remove any person if their presence could cause a safety hazard or hinder the normal operation of the institution h) in cases of force majeure are obliged to know participate and ensure the civilian protection measures i) to be present for work in proper condition to fulfill their duties in good conditions j) notify the chief supervisor as soon as they became aware of irregularities misconduct hardship or deprivation k) to know and comply with the internal regulations in the applicable collective labor contract and the individual labor contract l) employees are required to effectively use working time and facilities to solve duties pertaining to their position m) to maintain cleanliness in the workplace and in all places of common use n) to secure official documents at the end of working hours After working hours it is forbidden to leave appliances plugged in except computer and tactical equipment (fax servers communications etc) and lighting installations a) not to leave unattended during working hours machinery and equipment in operation p) be faithful to the university of their duties q) to observe secrecy r) hold patrimonial liability under the rules and contractual liability for material damages bore to the University of their own guilt or as a consequence of their work s) comply with the principles of impartiality and non-discrimination

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

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24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

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900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

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900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

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900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

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900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 9: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

9

c) the candidates teaching skills d) the applicants ability to transfer knowledge and results to the economic or social or publicize their scientific results e) the candidates ability to work in teams and efficiency of its scientific collaborations f) the candidates ability to conduct research and development projects g) the applicants professional experience in other institutions than the institution which set out the post for competition especially the experience in higher education and research institutions from the list approved by the Ministry of Education Youth and Sports issued under Art 216 paragraph 2 item f of the Law of National Education 12011 Art 36 The contest board shall evaluate the candidates professional competence exclusively by one or more competition tests (specific to the teaching position) including lectures classes and the like For all posts at least one contest is represented by a public lecture of at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This sample contains necessarily a session of questions from the committee and the public The higher education institution shall announce on the website the contest date time and place of this trial Art 37 (1) Establishing the composition of the contest board is done after publication of the notice to put out for contest each open position and is made by the department whose teaching position belongs to (2) The composition of the contest board can include alternates (3) The Council department whose structure contains the specific position makes proposals for the composition of the contest board (4) The composition of the contest board is approved by the Dean of Faculty based on the proposals set out in para (3) and is approved by the faculty council (5) The nominal composition of the contest board along with the approval of the faculty is submitted for approval to the University Senate (6) Following the approval of the senate the contest board is appointed by decision of the Rector (7) Within 48 hours of the decision of the Rectors decision this is sent to the Ministry of Education Youth and Sports and published on the competition website For the positions of associate professor and professor the composition of the contest board is published in the Official Gazette Art 38 (1) The contest consists of 5 members including its president specialists in the specific position field or in related fields (2) In case of unavailability for participation of one member from the Committee that member shall be replaced by alternates appointed by the same procedure as the contest board members (3) The decisions of the contest board are taken by secret ballot of the members A decision of the Board shall be valid if it had the vote of at least three members of the board (4) The activity of the contest board is run by a president

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

10

(5) The members of the contest board are from Constanta Maritime University or an institution from the country or abroad (6) For the filling of the position of associate professor or professor at least three contest board members must be from outside the institution that organizes the contest from the country or abroad (7) For the filling of the position of professor except for positions with a Romanian specificity at least one member has an employment contract at the date of publication in the official gazette of setting out the specific position for contest with an educational institution foreign education and research which is included in the list approved by the Minister of Education Youth and Sports issued under Art 216 paragraph 2 item f of the Law of National Education 12011 upon proposal of CNATDCU and CNCS (8) Members of the competition must have a superior teaching degree or at least equal to that of the vacant position (9) For the exclusive purpose of participation in the contest board the equivalence of the teaching degrees for foreign members with teaching degrees in the country is done by the university senate upon approval of the composition of the contest board (10) The president of the contest is the Dean of Faculty according to its own methodology Art 39 (1) The contest takes place in no more than 45 days after the end of the registration period (2) The contest is to assess scientific work and teaching qualities of the candidates (3) For each position the contest board decides on the hierarchy of candidates and nominates the candidate who obtains the best results (4) The President of the contest board shall report on the contest based on the appraisal reports prepared by each member of the board respecting the hierarchy of candidates decided upon by the board (5) The contest report is approved by decision of the contest board members and signed by each member of the board and the chairman (6) the Faculty Council examines the procedures established by the methodology of the institutions of higher education and grant or deny approval on contest report The hierarchy determined for candidates by the contest board cannot be changed by the faculty council (7) The university senate examines the procedures established by the methodology of the institutions of higher education and approves or denies the contest report The hierarchy of candidates determined by the contest board cannot be changed by the university senate Art 40 (1) The University Senate approves the contest result and the appointment shall be granted by decision of the Rector starting the next semester (2) The decision to appoint and award the academic degree by Constanta Maritime University along with the contest report are to be sent to the Ministry of Education Youth and Sports and CNATDCU within 48 hours of the appointment decision Art 41 If the open position was not filled the contest can be resumed in the next semester with full retake of the competition procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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11

Art 42 The result of the contest will be published on the competition website within 2 working days of the completion of the contest Art 43 Each year no later than September 1 the University prepares an annual report on the organization conduct and completion of contests for teaching positions The report is sent to the Ministry of Education Youth and Sports and CNATDCU

SUBCHAPTER II4

THE CONTEST BOARDS AND CONTEST ORGANIZATION Art 44 The composition of contest boards is proposed by the department council endorsed by the Faculty Council and approved by CMU Senate Decisions to appoint contest boards are compiled by the Deanrsquos Office for the posts of junior lecturer Senior Lecturer Lecturer respectively and by the Rector for the post of associate professor and professor Art 45 (1) The competition takes place within 30 days of the conclusion of the registration period (2) Completion of contest at the level of CMU is mandatory within 45 days from the submission of the contest board report and is operational in assigning successful candidates the basic teaching quota in CMU Art 46 For the post of JUNIOR LECTURER the following requirements are to be met cumulatively a) holding a PhD degree b) at least 5 papers (articles studies) published (author co-author) in journals or in proceedings of conferences with ISBN c) performing a lab class seminar in the presence of contest board members at a scheduled group This part of the contest contains necessarily one session of questions from the committee and the public The university website shall announce the contest date time and place of that trial d) achievement of the minimum score in the Annex of professional assessment Art 47 For a position of SENIOR LECTURER LECTURER candidates must meet the following cumulative conditions a) holding a PhD degree b) certificate of competency (or equivalent) for specific professional disciplines c) more than 10 papers published (author or co-author) in journals or in volumes of scientific conferences wih ISBN d) teaching one course seminar as scheduled in the timetable e) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the board and the public The university shall announce on the website the contest date time and place of that trial f) achieve the minimum score in the Annex of professional assessment

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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12

Art 48 For the position of ASSOCIATE PROFESSOR the following conditions are required cumulatively a) holding a PhD in the job profile b) at least 20 publications (10 as first author) of which at least 2 papers in specialized journals of international circulation (ISI standard) or indexed in an international database-specific to the field c) treaties monographs and books of expertise as sole author published at a CNCSIS publisher with ISBN d) 1 research contract awarded by competition as Project Manager e) the entire scientific activity should meet the specific criteria to the majors graduated set by the Council of National Titles Diplomas and Certificates (CNATDCU) f) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university shall announce on the website the contest date time and place of that trial g) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Senior Lecturer h) achievement of minimum performance indicators in the Annex of professional assessment Art 49 For the position of PROFESSOR the following conditions are required a) holding a PhD in the job profile b) holding a certificate of entitlement c) 2 grants research contracts obtained through competition one of which international and the candidate should have the quality of director in at least one d) have at least three books and three university courses as sole author or first author published in the domain of expertise for the candidate (the publishers recognized by CNCSIS) out of which at least one book and an academic course after the latest promotion e) at least 25 publications (15 as first author) f) all scientific activity to meet the criteria established by CNATDCU g) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university website shall announce the contest date time and place of that trial h) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Associate Professor i) achieve the minimum score in the Annex of professional assessment Art 50 The contest board for the position of associate professor or professor is composed of the Dean as president 4 members of CMU Senate The contest board is made up of lecturers and professors for the position of associate professor ie only of professors for the position of professor

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

13

SUBCHAPTER II5

COMPLETION OF CONTESTS FOR FILLING TEACHING POSITIONS Art 51 The application files including reports of the examination shall be submitted to the Dean of the faculty who is in charge of debating their result as well as presenting the file and the conclusions of the contest board to the Faculty Council CMU Senate UMC the Dean ensures necessary conditions for consultation of contest materials by members of the Faculty Council Art 52 In the Faculty Council meeting the Dean or the chairman of the contest board presents the summative report (briefing) of the contest board and nominate the candidate with the best performance The Faculty Council validates the competition results by open ballot The contest validation requires the presence of two thirds of the members of the Faculty Council Art 53 Based on the decision of the Faculty Council the Dean shall prepare a statement of the minutes of the meeting of the Faculty Council and attach a copy of the convening notice of the meeting (with the signatures of everybody present) These documents are added to the file of each candidate and submitted to CMU Administrative board within the time prescribed by the latter Art 54 (1) If the Teaching Council rejected the proposal of contest board to declare a candidate as successful the dean shall notify CMU Administrative Board within 24 hours forwarding the application files (2) After consultation with the Dean CMU Administrative Board may decide to use two acknowledged specialists by the university or beyond asking them to evaluate the file At the request of the persons concerned their identity can remain confidential in which case CMU Administrative Board assumes personal responsibility for the authenticity of their conclusions (3) CMU Administrative Board shall consider the legality of the procedure for both competition and candidate performance and presents further evaluation findings when applying this procedure (4) If following the review The Administrative Board considers that the decision of the Faculty Council is thorough and lawful it becomes final and no longer submit the file to CMU Senate If the Board has doubts as to the legality or validity of the Teaching Council decision it shall submit the file to CMU Senate with a reasoned proposal (5) In no case shall the Teaching Council or the Administrative Board declare successful a different candidate than the one proposed by the Contest Board Art 55 (1) The decision of the Faculty Council shall be presented by the Dean and forwarded for validation by the Rector to CMU Senate which verifies the compliance with the competition criteria and procedure and is declared as such by open ballot Decisions are taken by a majority of votes of present members if their number is at least 23 of the total membership

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

14

(2) The faculties are free to introduce their own regulations and other criteria for assessing the educational and scientific activities of the candidates including the opinions of students who have benefited from the teaching performance of a candidate Art 56 The appointment as Junior Lecturer Senior Lecturer Lecturer is made by Rectorrsquos decision from the first day of the semester following the confirmation of the contest by CMU Senate Art 57 Appointment to the position of associate professor professor respectively is made by Rectorrsquos decision based on the Order of the Ministry of Eduaction Research Youth and Sports from the first day of the month following the contest validation by the committee of the Ministry of Education Research Youth and Sports (CNATDCU)

SUBCHAPTER II6

FILLING VACANT POSITIONS BY ASSOCIATE TEACHING STAFF Art 58 (1) The teaching and research staff retire at the age of 65 (2) In higher education it is prohibited the employment of any management or administrative positions at all levels of the university after retirement Mandates of personnel holding management or administration positions at all levels of the university lawfully ceases for the persons who have reached retirement age Exceptions to these rules are members of the administrative board of private universities (3) The University Senate of the state private and denominational universities based on professional performance and the financial situation may decide to continue the activity of a teacher or research specialist after retirement based on a fixed term contract for one year with possibility of extension in compliance with the University Charter with no age limit The University Senate may decide to confer the honorary professor emeritus title for excellence in teaching and research to teachers who have reached the retirement age Retired teachers can be paid on an hourly system Art 59 (1) Teachers and research specialists supervising doctorates retire at the age of 65 and a) can lead PhDs in progress at the time of retirement until the age of 70 years b) after the age of 65 can supervise in PhD students only under the joint supervision with a teacher or a research specialist who reaches the age of retirement during the entire PhD program of studies respectively (2) retired teachers can carry out teaching paid by the hour after the standard retirement age (3) vacant teaching positions or temporary vacancies are covered with priority by permanent teachers of the institution or hourly-paid associate teaching staff according to the Law 1 of 5 January 2011 (4) Employment of scientific experts whose value has been recognized in the field by inventions innovations awards scientific publications in the country or abroad as

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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15

guest professors or associate professors is approved by the department council and approved by the faculty council Art 60 (1) Filling of vacant teaching positions by the associate teaching staff can be for a period of time determined in accordance with Law no 1 of 5 January 2011 from CMU Charter the selection of files organized in the department in compliance with legislation (2) The proposal of associated teaching staff is made by the head of department The Department decision is subject for approval to the Faculty Council Proposals of associated teachers can be made during the semester or the academic year (3) The file for the temporary filling of a vacant teaching position with associated teachers will include a) the applicants request b) Curriculum vitae and list of scientific papers c) List of teaching and scientific works d) Copy of BS MD PhD degree e) Affidavit stating that the respective person is teaching or doing research activities in other universities (4) The Dean of the Faculty shall forward to CMU Senate the file of the associate teacher accompanied by the approval of the Faculty Council Art 61 (1) Vacancies to be filled with associate teachers shall be disclosed at least 30 days before the beginning of the semester by display at the department and published on the university website (2) Temporary employment of associate teachers shall be made by decision of the Rector and the salaries are based on the position held The decision shall specify the period of employment Art 62 (1) Coverage of vacant teaching positions in an hourly system can be done with own teaching staff or associate teaching staff outside CMU Candidates nominated by departments with the approval of the Faculty Council shall meet the requirements of this Regulation on the position in question (2) Associate teaching staff must enroll their scientific results obtained during their activity at UMC in its record

Art 63 The models and pre-defined criteria that are prepared in connection with the filling of teaching positions are shown in the annexes of the Internal Regulation and constitute part of this Regulation

B FOR CONTRACT EMPLOYEES (Order of the Ministry of Education Research Youth and Sports MECTS nr 442215062011)

Art 64 (1) Promotion ensures career development of employed personnel by passing to a higher degree professional rank top level

(2) Promotion of employees with individual employment contract by professional degrees or stages is usually made on a vacant position

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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16

(3) Where there is no vacant position promotion by professional degrees or stages is achieved by transforming the position that a person is qualified for a level immediately above

(4) Promotion by professional degrees or stages of contractual staff in the public sector is made by examination ie competition for vacant positions Art 65 Transformation of occupied positions with a view to promotion for the positions higher education institutions shall be approved by the university senate

Art 66 - (1) The exam or contest to promote by professional degrees or stages for contractual staff consists of a written test and a practical test as appropriate and interview set by the examination board

(2) The practical exam replaces the written test for functions that you need to check practical skills for

(3) To participate in the examination or examination for promotion by professional degrees or stages the candidate must have obtained a very good individual performance appraisal at least twice in the last 3 years

(4) The position of junior employed staff the promotion examination is held usually within 5 days of the end of their debut under the law

Art 67 - (1) The examination board shall consist of three members two members of the institution or public authority and a member of the union or if appropriate a representative of employees with experience and knowledge in the position for which promotion is made

(2) The examination designated by administrative action by the authorizing officer will evaluate the candidate in the promotion examination according to the following criteria

a) theoretical knowledge required for the position assessed

b) behavior in crisis situations

c) communication skills

d) the ability of synthesis

(3) The criteria set out in para (2) a) shall be based on a written test of the the employees field of expertise and certifying the degree of accumulation of professional experience in the field The written test can be sat for as a multiple-choice test

(4) The criteria set out in para (2) b) - d) are evaluated in the interview

(5) The examination board may establish other specific evaluation criteria that will be assessed during the interview such as

a) complexity initiative creativity and diversity of activities

b) judgment and the impact of decisions

c) influence coordination and supervision Art 68 - (1) In the examination or promotion contest each of the two tests or the

written or practical test as appropriate including the interview shall be marked with a maximum score of 100 points

(2) The members of the examination award individual scores for each of the two tests referred to in para (1) recorded in the scoring sheet

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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17

(3) The final score of each of the two tests is calculated as the arithmetic average of the scores under par (2)

Art 69 - (1) contest or promotion exam score is calculated as the arithmetic average of the scores obtained in each of the final two tests written or practical as appropriate and interview

(2) The minimum passing score is 50 points Art 70 - (1) After the results obtained dissatisfied candidates may appeal within 48 hours of notification (2) Settlement of complaints and the results thereof shall be made within one working day after the deadline for submission of appeals

Art 71 - (1) For the settlement of appeals by an administrative officer

committee for solving complaints is made up consisting of 3 members (2) Membership in the examination is incompatible with membership of the

committee responsible for review (3) The members of the committee responsible for review must have experience

and knowledge in the position for which promotion is made Art 72 - (1) In the event that the person cannot obtain the minimum score

heshe can sit for a new promotion or competition exam in maximum 3 months (2) Until passing the exam or contest the person remains assigned to the

previously held professional degree stage

Art 73 Following the promotion the employee job description shall be completed with new responsibilties pertaining to the job

CHAPTER III

Rules regarding the respect of the principle of non-discrimination and dismissal of any form of dignity infringement

Art 74 Within the University in labor relations the working principle is that of equal treatment of all employees and the principle of non-discrimination and equal opportunities between women and men are respected Labor relations are based on the consensus principle and good faith Art 75 Any employee who performs work in the university benefits from respect of dignity and conscience without any discrimination Art 76 (1) Any direct or indirect discrimination of employees based on gender sexual orientation genetic features age nationality race color ethnicity religion political opinion social origin disability marital status or responsibility membership or activity in unions is forbidden

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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18

(2) The actions considered being direct discrimination acts and acts of exclusion distinction restriction or preference based on one or more of the criteria set out in para (1) which have the purpose or result in denial restriction or exclusion recognition enjoyment or exercise of employees rights The actions and deeds or acts apparently based on criteria other than the above but have any direct discriminatory consequences are considered to be direct discrimination

Art 77 Employees will be given the right to equal pay for equal work the right to individual and collective bargaining the right to protection from disclosure of personal information the right to protection against unlawful dismissal Art 78 (1) It is forbidden to ask a job candidate to perform present a pregnancy test or to sign a pledge that she will not get pregnant which would bear on the validity of the individual employment contract (2) The provisions of par (1) shall not apply in the case of prohibited jobs for pregnant and or breastfeeding women due to working conditions

Art 79 It is forbidden that decisions related to a person be affected by the acceptance or rejection of the conduct of a person related to harassment or sexual harassment thereof Art 80 It shall be considered as sex-based discrimination the conduct defined as harassment or sexual harassment aimed at a) creating an intimidating hostile workplace atmosphere or daunting for the person b) negative influence of the employee situation regarding promotion remuneration or income of any kind or access to training education and professional development if heshe refuses to accept unwanted behavior - verbal nonverbal or physical ndash related to sexual life Art 81 The refusal to employ a person who does not meet the job requirements and standards as long as it is not discriminatory act shall not constitute a breach of this Regulation Art 82 Any conduct nationalist character - jingoistic incitement to racial or national hatred or any behavior aimed at achieving dignity or creating an atmosphere hostile degrading humiliating or offensive directed against a person or group people shall be considered a violation of this regulation Art 83 Measures to promote equal opportunities between women and men and to eliminate direct and indirect discrimination on grounds of sex are in accordance with Law no 2022002 - reissued - on equality between women and men Art 84 The violation of the rules on non-discrimination and the removal of all forms of violation of dignity constitute misconduct

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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19

CHAPTER IV

Managing working and leave time Art 85 (1) The duration of working time of each full-time employee is 8 hours per day and 40 hours per week for auxiliary and contract staff and is performed 5 days working week (2) The work expanded to more than 48 hours week annual average will be subject only to the law and the applicable collective labor contract (3) The program is set for Monday through Friday between 730-1530 with a lunch break of 15 minutes which is included in the length of the working day (4) for the teaching staff the organization of working time complies with the provisions of Law no 12011 ndash the Law of Education ndash reissued and the provisions of the Collective Labor Agreement at the university level on the teaching quota and on the distribution of working hours in the week (5) The management of the university has the right within the limits imposed by legislation and procedures to alter schedule as required Art 86 Overtime work can be done in the cases and conditions provided by law the applicable collective labor contract and with prior approval of the CMU managing structures Art 87 (1) At the beginning and end of working hours each employee regardless of the position heshe holds except teaching staff shall sign the attendance register indicating time of arrival and departure time which will be checked regularly by the Human Resources Office (2) The attendance register will note delays and gaps in the program specifying whether or not they are justified (3) If the delay or absence was due to unforeseen circumstances or reasons beyond the control of the employee (illness accident etc) The employee is required to inform the following two days the head compartment he she is part of Art 88 The situation of this work attendance is prepared by the staff with responsibilities in this regard is supervised by the head of department or his deputy who has delegation of competence for this activity and transmitted to the Human Resources Office no later than the 3rd of the month following expiry month After submission to the Human Resources Office this situation can be changed only with the written and motivated approval of the chief who endorsed it Registrations of false information in the register is a serious offense and will be penalized according to the provisions of this Regulation Art 89 The university management may grant by law leave without pay at the motivated request of interested employees

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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20

Art 90 Programming the leaves is made at the end of each year for the next year Proposals of programming leaves are made by the management of each department and approved by the university management The order and physical performance of the leaves will be fixed by installments throughout the year taking into account the proper conduct of activity and the interests of employees Art 91 Employees are entitled to sick leave according to the law Sick leave shall be submitted to the Human Resources Office within 3 days of release the signed acknowledgment on white copy (back) of the chief Art 92 The Human Resources Office will keep track of delays consent sick leave study leave without pay and holidays Art 93 Entering the university premises for persons who are not employees of the institution shall be handled by each department involved in solving their problems Art 94 The management of each department will hold daily control at the end of the program the way in which employees meet their obligations in terms of closing windows locking offices cupboards and filing cabinets and turning off lights etc Art 95 The provisions of this Regulation on the organization of work and rest is filled according to the collective labor agreement applicable to CMU and according to the specific legislation

CHAPTER V

Rights and obligations of university and university employees

1 Rights and obligations of University Management

Art 96 The university management has a duty to take all measures to ensure appropriate work conditions for the institution Art 97 The university management shall ensure proper organization of the whole activity in order to provide efficient management of cash funds and materials to this effect it sets abiding by the law rules of labor discipline obligations of employees and their liability in case of breach of work duties Art 98 The institution management of the mainly have the following rights a) establishing the organization and functioning of the unit b) establish appropriate tasks for each employee and department according to the law c) give instructions binding the employee on their legality d) exercise control over the performance of duties e) to assess the disciplinary offenses and apply appropriate sanctions according to the law the collective labor agreement and the applicable rules of procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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21

f) establish the organizational structure of institutions and organizational structures fields Art 99 The Institution Management of the have the following obligations a) ensure rational use of labor force maintaining the number of employees to carry out their duties strictly required b) aims to raise the professional qualification of employees their promotion in relation to the preparation of the results obtained from annual evaluations and requirements and or needs for the proper functioning of the institution c) examines critical comments suggestions and proposals for action made by employees of the institution d) organizes working time in specific reports as required in order to ensure the functionality and compliance with legal duration of working time and rest e) ensures compliance with legal regulations on working time and rest as well as any other legal rights for employees f) pays all contributions and taxes in their jurisdiction and retains and pays contributions and taxes payable by employees according to the law g) informs employees of the work conditions and on issues related to employment relationships h) provides permanent technical and organizational conditions considered in developing appropriate labor standards and working conditions i) all rights granted to employees under the law the applicable collective agreement and individual employment contracts j) shall regularly convey to employees the economic and financial situation of the unit k) shall consult with the union or where appropriate with representatives of employees on decisions likely to substantially affect their rights and interests l) establishes the general register of employees as required by law and operates entries provided by law m) shall upon request issue all documents evidencing the status of employee for the applicant n) ensures confidentiality of personal data of employees a) prevents and sanctions by law any form of discrimination p) assesses the disciplinary offenses and imposes sanctions under the law in force the collective labor agreement and the internal regulation

2 Rights and obligations of employees

Art 100 University employees have under the Labour Code the following rights a) the right to remuneration for their work b) the right to meal breaks daily and weekly rest c) The right to public holidays and annual leave d) the right to dignity at work e) The right to equal opportunities and treatment f) the right to safety and health at work g) the right of access to training h) the right to information and consultation

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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22

i) the right to take part in the determination and improvement of working conditions and working environment j) the right to protection in cases of dismissal k) The right to bargain collectively and individually l) the right to participate in legal collective activities m) the right to form or join a union

Art 101 University employees must comply with all their obligations under the law the applicable collective labor agreement and the rules of conduct the individual labor contracts including the job description and internal rules Mainly University employees have the following obligations a) comply strictly with their functions in the job description and the tasks assigned hierarchically with accountability competence efficiency fairness and conscientiousness b) to comply with the order and discipline at the workplace c) to comply with schedule and make effective use of working time d) be familiar with the tasks that have to be executed e) to acquire professional knowledge of duties attend training courses or courses organized for this purpose f) to comply with security measures and occupational health in school work safety regulations and fire prevention or any other situation that could endanger the life and physical integrity personal health or that of other persons buildings etc g) to comply with access rules in the institution to take steps to remove any person if their presence could cause a safety hazard or hinder the normal operation of the institution h) in cases of force majeure are obliged to know participate and ensure the civilian protection measures i) to be present for work in proper condition to fulfill their duties in good conditions j) notify the chief supervisor as soon as they became aware of irregularities misconduct hardship or deprivation k) to know and comply with the internal regulations in the applicable collective labor contract and the individual labor contract l) employees are required to effectively use working time and facilities to solve duties pertaining to their position m) to maintain cleanliness in the workplace and in all places of common use n) to secure official documents at the end of working hours After working hours it is forbidden to leave appliances plugged in except computer and tactical equipment (fax servers communications etc) and lighting installations a) not to leave unattended during working hours machinery and equipment in operation p) be faithful to the university of their duties q) to observe secrecy r) hold patrimonial liability under the rules and contractual liability for material damages bore to the University of their own guilt or as a consequence of their work s) comply with the principles of impartiality and non-discrimination

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

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24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

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900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

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900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

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900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

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900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 10: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

10

(5) The members of the contest board are from Constanta Maritime University or an institution from the country or abroad (6) For the filling of the position of associate professor or professor at least three contest board members must be from outside the institution that organizes the contest from the country or abroad (7) For the filling of the position of professor except for positions with a Romanian specificity at least one member has an employment contract at the date of publication in the official gazette of setting out the specific position for contest with an educational institution foreign education and research which is included in the list approved by the Minister of Education Youth and Sports issued under Art 216 paragraph 2 item f of the Law of National Education 12011 upon proposal of CNATDCU and CNCS (8) Members of the competition must have a superior teaching degree or at least equal to that of the vacant position (9) For the exclusive purpose of participation in the contest board the equivalence of the teaching degrees for foreign members with teaching degrees in the country is done by the university senate upon approval of the composition of the contest board (10) The president of the contest is the Dean of Faculty according to its own methodology Art 39 (1) The contest takes place in no more than 45 days after the end of the registration period (2) The contest is to assess scientific work and teaching qualities of the candidates (3) For each position the contest board decides on the hierarchy of candidates and nominates the candidate who obtains the best results (4) The President of the contest board shall report on the contest based on the appraisal reports prepared by each member of the board respecting the hierarchy of candidates decided upon by the board (5) The contest report is approved by decision of the contest board members and signed by each member of the board and the chairman (6) the Faculty Council examines the procedures established by the methodology of the institutions of higher education and grant or deny approval on contest report The hierarchy determined for candidates by the contest board cannot be changed by the faculty council (7) The university senate examines the procedures established by the methodology of the institutions of higher education and approves or denies the contest report The hierarchy of candidates determined by the contest board cannot be changed by the university senate Art 40 (1) The University Senate approves the contest result and the appointment shall be granted by decision of the Rector starting the next semester (2) The decision to appoint and award the academic degree by Constanta Maritime University along with the contest report are to be sent to the Ministry of Education Youth and Sports and CNATDCU within 48 hours of the appointment decision Art 41 If the open position was not filled the contest can be resumed in the next semester with full retake of the competition procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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11

Art 42 The result of the contest will be published on the competition website within 2 working days of the completion of the contest Art 43 Each year no later than September 1 the University prepares an annual report on the organization conduct and completion of contests for teaching positions The report is sent to the Ministry of Education Youth and Sports and CNATDCU

SUBCHAPTER II4

THE CONTEST BOARDS AND CONTEST ORGANIZATION Art 44 The composition of contest boards is proposed by the department council endorsed by the Faculty Council and approved by CMU Senate Decisions to appoint contest boards are compiled by the Deanrsquos Office for the posts of junior lecturer Senior Lecturer Lecturer respectively and by the Rector for the post of associate professor and professor Art 45 (1) The competition takes place within 30 days of the conclusion of the registration period (2) Completion of contest at the level of CMU is mandatory within 45 days from the submission of the contest board report and is operational in assigning successful candidates the basic teaching quota in CMU Art 46 For the post of JUNIOR LECTURER the following requirements are to be met cumulatively a) holding a PhD degree b) at least 5 papers (articles studies) published (author co-author) in journals or in proceedings of conferences with ISBN c) performing a lab class seminar in the presence of contest board members at a scheduled group This part of the contest contains necessarily one session of questions from the committee and the public The university website shall announce the contest date time and place of that trial d) achievement of the minimum score in the Annex of professional assessment Art 47 For a position of SENIOR LECTURER LECTURER candidates must meet the following cumulative conditions a) holding a PhD degree b) certificate of competency (or equivalent) for specific professional disciplines c) more than 10 papers published (author or co-author) in journals or in volumes of scientific conferences wih ISBN d) teaching one course seminar as scheduled in the timetable e) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the board and the public The university shall announce on the website the contest date time and place of that trial f) achieve the minimum score in the Annex of professional assessment

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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12

Art 48 For the position of ASSOCIATE PROFESSOR the following conditions are required cumulatively a) holding a PhD in the job profile b) at least 20 publications (10 as first author) of which at least 2 papers in specialized journals of international circulation (ISI standard) or indexed in an international database-specific to the field c) treaties monographs and books of expertise as sole author published at a CNCSIS publisher with ISBN d) 1 research contract awarded by competition as Project Manager e) the entire scientific activity should meet the specific criteria to the majors graduated set by the Council of National Titles Diplomas and Certificates (CNATDCU) f) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university shall announce on the website the contest date time and place of that trial g) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Senior Lecturer h) achievement of minimum performance indicators in the Annex of professional assessment Art 49 For the position of PROFESSOR the following conditions are required a) holding a PhD in the job profile b) holding a certificate of entitlement c) 2 grants research contracts obtained through competition one of which international and the candidate should have the quality of director in at least one d) have at least three books and three university courses as sole author or first author published in the domain of expertise for the candidate (the publishers recognized by CNCSIS) out of which at least one book and an academic course after the latest promotion e) at least 25 publications (15 as first author) f) all scientific activity to meet the criteria established by CNATDCU g) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university website shall announce the contest date time and place of that trial h) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Associate Professor i) achieve the minimum score in the Annex of professional assessment Art 50 The contest board for the position of associate professor or professor is composed of the Dean as president 4 members of CMU Senate The contest board is made up of lecturers and professors for the position of associate professor ie only of professors for the position of professor

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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13

SUBCHAPTER II5

COMPLETION OF CONTESTS FOR FILLING TEACHING POSITIONS Art 51 The application files including reports of the examination shall be submitted to the Dean of the faculty who is in charge of debating their result as well as presenting the file and the conclusions of the contest board to the Faculty Council CMU Senate UMC the Dean ensures necessary conditions for consultation of contest materials by members of the Faculty Council Art 52 In the Faculty Council meeting the Dean or the chairman of the contest board presents the summative report (briefing) of the contest board and nominate the candidate with the best performance The Faculty Council validates the competition results by open ballot The contest validation requires the presence of two thirds of the members of the Faculty Council Art 53 Based on the decision of the Faculty Council the Dean shall prepare a statement of the minutes of the meeting of the Faculty Council and attach a copy of the convening notice of the meeting (with the signatures of everybody present) These documents are added to the file of each candidate and submitted to CMU Administrative board within the time prescribed by the latter Art 54 (1) If the Teaching Council rejected the proposal of contest board to declare a candidate as successful the dean shall notify CMU Administrative Board within 24 hours forwarding the application files (2) After consultation with the Dean CMU Administrative Board may decide to use two acknowledged specialists by the university or beyond asking them to evaluate the file At the request of the persons concerned their identity can remain confidential in which case CMU Administrative Board assumes personal responsibility for the authenticity of their conclusions (3) CMU Administrative Board shall consider the legality of the procedure for both competition and candidate performance and presents further evaluation findings when applying this procedure (4) If following the review The Administrative Board considers that the decision of the Faculty Council is thorough and lawful it becomes final and no longer submit the file to CMU Senate If the Board has doubts as to the legality or validity of the Teaching Council decision it shall submit the file to CMU Senate with a reasoned proposal (5) In no case shall the Teaching Council or the Administrative Board declare successful a different candidate than the one proposed by the Contest Board Art 55 (1) The decision of the Faculty Council shall be presented by the Dean and forwarded for validation by the Rector to CMU Senate which verifies the compliance with the competition criteria and procedure and is declared as such by open ballot Decisions are taken by a majority of votes of present members if their number is at least 23 of the total membership

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

14

(2) The faculties are free to introduce their own regulations and other criteria for assessing the educational and scientific activities of the candidates including the opinions of students who have benefited from the teaching performance of a candidate Art 56 The appointment as Junior Lecturer Senior Lecturer Lecturer is made by Rectorrsquos decision from the first day of the semester following the confirmation of the contest by CMU Senate Art 57 Appointment to the position of associate professor professor respectively is made by Rectorrsquos decision based on the Order of the Ministry of Eduaction Research Youth and Sports from the first day of the month following the contest validation by the committee of the Ministry of Education Research Youth and Sports (CNATDCU)

SUBCHAPTER II6

FILLING VACANT POSITIONS BY ASSOCIATE TEACHING STAFF Art 58 (1) The teaching and research staff retire at the age of 65 (2) In higher education it is prohibited the employment of any management or administrative positions at all levels of the university after retirement Mandates of personnel holding management or administration positions at all levels of the university lawfully ceases for the persons who have reached retirement age Exceptions to these rules are members of the administrative board of private universities (3) The University Senate of the state private and denominational universities based on professional performance and the financial situation may decide to continue the activity of a teacher or research specialist after retirement based on a fixed term contract for one year with possibility of extension in compliance with the University Charter with no age limit The University Senate may decide to confer the honorary professor emeritus title for excellence in teaching and research to teachers who have reached the retirement age Retired teachers can be paid on an hourly system Art 59 (1) Teachers and research specialists supervising doctorates retire at the age of 65 and a) can lead PhDs in progress at the time of retirement until the age of 70 years b) after the age of 65 can supervise in PhD students only under the joint supervision with a teacher or a research specialist who reaches the age of retirement during the entire PhD program of studies respectively (2) retired teachers can carry out teaching paid by the hour after the standard retirement age (3) vacant teaching positions or temporary vacancies are covered with priority by permanent teachers of the institution or hourly-paid associate teaching staff according to the Law 1 of 5 January 2011 (4) Employment of scientific experts whose value has been recognized in the field by inventions innovations awards scientific publications in the country or abroad as

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

15

guest professors or associate professors is approved by the department council and approved by the faculty council Art 60 (1) Filling of vacant teaching positions by the associate teaching staff can be for a period of time determined in accordance with Law no 1 of 5 January 2011 from CMU Charter the selection of files organized in the department in compliance with legislation (2) The proposal of associated teaching staff is made by the head of department The Department decision is subject for approval to the Faculty Council Proposals of associated teachers can be made during the semester or the academic year (3) The file for the temporary filling of a vacant teaching position with associated teachers will include a) the applicants request b) Curriculum vitae and list of scientific papers c) List of teaching and scientific works d) Copy of BS MD PhD degree e) Affidavit stating that the respective person is teaching or doing research activities in other universities (4) The Dean of the Faculty shall forward to CMU Senate the file of the associate teacher accompanied by the approval of the Faculty Council Art 61 (1) Vacancies to be filled with associate teachers shall be disclosed at least 30 days before the beginning of the semester by display at the department and published on the university website (2) Temporary employment of associate teachers shall be made by decision of the Rector and the salaries are based on the position held The decision shall specify the period of employment Art 62 (1) Coverage of vacant teaching positions in an hourly system can be done with own teaching staff or associate teaching staff outside CMU Candidates nominated by departments with the approval of the Faculty Council shall meet the requirements of this Regulation on the position in question (2) Associate teaching staff must enroll their scientific results obtained during their activity at UMC in its record

Art 63 The models and pre-defined criteria that are prepared in connection with the filling of teaching positions are shown in the annexes of the Internal Regulation and constitute part of this Regulation

B FOR CONTRACT EMPLOYEES (Order of the Ministry of Education Research Youth and Sports MECTS nr 442215062011)

Art 64 (1) Promotion ensures career development of employed personnel by passing to a higher degree professional rank top level

(2) Promotion of employees with individual employment contract by professional degrees or stages is usually made on a vacant position

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

16

(3) Where there is no vacant position promotion by professional degrees or stages is achieved by transforming the position that a person is qualified for a level immediately above

(4) Promotion by professional degrees or stages of contractual staff in the public sector is made by examination ie competition for vacant positions Art 65 Transformation of occupied positions with a view to promotion for the positions higher education institutions shall be approved by the university senate

Art 66 - (1) The exam or contest to promote by professional degrees or stages for contractual staff consists of a written test and a practical test as appropriate and interview set by the examination board

(2) The practical exam replaces the written test for functions that you need to check practical skills for

(3) To participate in the examination or examination for promotion by professional degrees or stages the candidate must have obtained a very good individual performance appraisal at least twice in the last 3 years

(4) The position of junior employed staff the promotion examination is held usually within 5 days of the end of their debut under the law

Art 67 - (1) The examination board shall consist of three members two members of the institution or public authority and a member of the union or if appropriate a representative of employees with experience and knowledge in the position for which promotion is made

(2) The examination designated by administrative action by the authorizing officer will evaluate the candidate in the promotion examination according to the following criteria

a) theoretical knowledge required for the position assessed

b) behavior in crisis situations

c) communication skills

d) the ability of synthesis

(3) The criteria set out in para (2) a) shall be based on a written test of the the employees field of expertise and certifying the degree of accumulation of professional experience in the field The written test can be sat for as a multiple-choice test

(4) The criteria set out in para (2) b) - d) are evaluated in the interview

(5) The examination board may establish other specific evaluation criteria that will be assessed during the interview such as

a) complexity initiative creativity and diversity of activities

b) judgment and the impact of decisions

c) influence coordination and supervision Art 68 - (1) In the examination or promotion contest each of the two tests or the

written or practical test as appropriate including the interview shall be marked with a maximum score of 100 points

(2) The members of the examination award individual scores for each of the two tests referred to in para (1) recorded in the scoring sheet

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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17

(3) The final score of each of the two tests is calculated as the arithmetic average of the scores under par (2)

Art 69 - (1) contest or promotion exam score is calculated as the arithmetic average of the scores obtained in each of the final two tests written or practical as appropriate and interview

(2) The minimum passing score is 50 points Art 70 - (1) After the results obtained dissatisfied candidates may appeal within 48 hours of notification (2) Settlement of complaints and the results thereof shall be made within one working day after the deadline for submission of appeals

Art 71 - (1) For the settlement of appeals by an administrative officer

committee for solving complaints is made up consisting of 3 members (2) Membership in the examination is incompatible with membership of the

committee responsible for review (3) The members of the committee responsible for review must have experience

and knowledge in the position for which promotion is made Art 72 - (1) In the event that the person cannot obtain the minimum score

heshe can sit for a new promotion or competition exam in maximum 3 months (2) Until passing the exam or contest the person remains assigned to the

previously held professional degree stage

Art 73 Following the promotion the employee job description shall be completed with new responsibilties pertaining to the job

CHAPTER III

Rules regarding the respect of the principle of non-discrimination and dismissal of any form of dignity infringement

Art 74 Within the University in labor relations the working principle is that of equal treatment of all employees and the principle of non-discrimination and equal opportunities between women and men are respected Labor relations are based on the consensus principle and good faith Art 75 Any employee who performs work in the university benefits from respect of dignity and conscience without any discrimination Art 76 (1) Any direct or indirect discrimination of employees based on gender sexual orientation genetic features age nationality race color ethnicity religion political opinion social origin disability marital status or responsibility membership or activity in unions is forbidden

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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18

(2) The actions considered being direct discrimination acts and acts of exclusion distinction restriction or preference based on one or more of the criteria set out in para (1) which have the purpose or result in denial restriction or exclusion recognition enjoyment or exercise of employees rights The actions and deeds or acts apparently based on criteria other than the above but have any direct discriminatory consequences are considered to be direct discrimination

Art 77 Employees will be given the right to equal pay for equal work the right to individual and collective bargaining the right to protection from disclosure of personal information the right to protection against unlawful dismissal Art 78 (1) It is forbidden to ask a job candidate to perform present a pregnancy test or to sign a pledge that she will not get pregnant which would bear on the validity of the individual employment contract (2) The provisions of par (1) shall not apply in the case of prohibited jobs for pregnant and or breastfeeding women due to working conditions

Art 79 It is forbidden that decisions related to a person be affected by the acceptance or rejection of the conduct of a person related to harassment or sexual harassment thereof Art 80 It shall be considered as sex-based discrimination the conduct defined as harassment or sexual harassment aimed at a) creating an intimidating hostile workplace atmosphere or daunting for the person b) negative influence of the employee situation regarding promotion remuneration or income of any kind or access to training education and professional development if heshe refuses to accept unwanted behavior - verbal nonverbal or physical ndash related to sexual life Art 81 The refusal to employ a person who does not meet the job requirements and standards as long as it is not discriminatory act shall not constitute a breach of this Regulation Art 82 Any conduct nationalist character - jingoistic incitement to racial or national hatred or any behavior aimed at achieving dignity or creating an atmosphere hostile degrading humiliating or offensive directed against a person or group people shall be considered a violation of this regulation Art 83 Measures to promote equal opportunities between women and men and to eliminate direct and indirect discrimination on grounds of sex are in accordance with Law no 2022002 - reissued - on equality between women and men Art 84 The violation of the rules on non-discrimination and the removal of all forms of violation of dignity constitute misconduct

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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19

CHAPTER IV

Managing working and leave time Art 85 (1) The duration of working time of each full-time employee is 8 hours per day and 40 hours per week for auxiliary and contract staff and is performed 5 days working week (2) The work expanded to more than 48 hours week annual average will be subject only to the law and the applicable collective labor contract (3) The program is set for Monday through Friday between 730-1530 with a lunch break of 15 minutes which is included in the length of the working day (4) for the teaching staff the organization of working time complies with the provisions of Law no 12011 ndash the Law of Education ndash reissued and the provisions of the Collective Labor Agreement at the university level on the teaching quota and on the distribution of working hours in the week (5) The management of the university has the right within the limits imposed by legislation and procedures to alter schedule as required Art 86 Overtime work can be done in the cases and conditions provided by law the applicable collective labor contract and with prior approval of the CMU managing structures Art 87 (1) At the beginning and end of working hours each employee regardless of the position heshe holds except teaching staff shall sign the attendance register indicating time of arrival and departure time which will be checked regularly by the Human Resources Office (2) The attendance register will note delays and gaps in the program specifying whether or not they are justified (3) If the delay or absence was due to unforeseen circumstances or reasons beyond the control of the employee (illness accident etc) The employee is required to inform the following two days the head compartment he she is part of Art 88 The situation of this work attendance is prepared by the staff with responsibilities in this regard is supervised by the head of department or his deputy who has delegation of competence for this activity and transmitted to the Human Resources Office no later than the 3rd of the month following expiry month After submission to the Human Resources Office this situation can be changed only with the written and motivated approval of the chief who endorsed it Registrations of false information in the register is a serious offense and will be penalized according to the provisions of this Regulation Art 89 The university management may grant by law leave without pay at the motivated request of interested employees

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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20

Art 90 Programming the leaves is made at the end of each year for the next year Proposals of programming leaves are made by the management of each department and approved by the university management The order and physical performance of the leaves will be fixed by installments throughout the year taking into account the proper conduct of activity and the interests of employees Art 91 Employees are entitled to sick leave according to the law Sick leave shall be submitted to the Human Resources Office within 3 days of release the signed acknowledgment on white copy (back) of the chief Art 92 The Human Resources Office will keep track of delays consent sick leave study leave without pay and holidays Art 93 Entering the university premises for persons who are not employees of the institution shall be handled by each department involved in solving their problems Art 94 The management of each department will hold daily control at the end of the program the way in which employees meet their obligations in terms of closing windows locking offices cupboards and filing cabinets and turning off lights etc Art 95 The provisions of this Regulation on the organization of work and rest is filled according to the collective labor agreement applicable to CMU and according to the specific legislation

CHAPTER V

Rights and obligations of university and university employees

1 Rights and obligations of University Management

Art 96 The university management has a duty to take all measures to ensure appropriate work conditions for the institution Art 97 The university management shall ensure proper organization of the whole activity in order to provide efficient management of cash funds and materials to this effect it sets abiding by the law rules of labor discipline obligations of employees and their liability in case of breach of work duties Art 98 The institution management of the mainly have the following rights a) establishing the organization and functioning of the unit b) establish appropriate tasks for each employee and department according to the law c) give instructions binding the employee on their legality d) exercise control over the performance of duties e) to assess the disciplinary offenses and apply appropriate sanctions according to the law the collective labor agreement and the applicable rules of procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

21

f) establish the organizational structure of institutions and organizational structures fields Art 99 The Institution Management of the have the following obligations a) ensure rational use of labor force maintaining the number of employees to carry out their duties strictly required b) aims to raise the professional qualification of employees their promotion in relation to the preparation of the results obtained from annual evaluations and requirements and or needs for the proper functioning of the institution c) examines critical comments suggestions and proposals for action made by employees of the institution d) organizes working time in specific reports as required in order to ensure the functionality and compliance with legal duration of working time and rest e) ensures compliance with legal regulations on working time and rest as well as any other legal rights for employees f) pays all contributions and taxes in their jurisdiction and retains and pays contributions and taxes payable by employees according to the law g) informs employees of the work conditions and on issues related to employment relationships h) provides permanent technical and organizational conditions considered in developing appropriate labor standards and working conditions i) all rights granted to employees under the law the applicable collective agreement and individual employment contracts j) shall regularly convey to employees the economic and financial situation of the unit k) shall consult with the union or where appropriate with representatives of employees on decisions likely to substantially affect their rights and interests l) establishes the general register of employees as required by law and operates entries provided by law m) shall upon request issue all documents evidencing the status of employee for the applicant n) ensures confidentiality of personal data of employees a) prevents and sanctions by law any form of discrimination p) assesses the disciplinary offenses and imposes sanctions under the law in force the collective labor agreement and the internal regulation

2 Rights and obligations of employees

Art 100 University employees have under the Labour Code the following rights a) the right to remuneration for their work b) the right to meal breaks daily and weekly rest c) The right to public holidays and annual leave d) the right to dignity at work e) The right to equal opportunities and treatment f) the right to safety and health at work g) the right of access to training h) the right to information and consultation

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

22

i) the right to take part in the determination and improvement of working conditions and working environment j) the right to protection in cases of dismissal k) The right to bargain collectively and individually l) the right to participate in legal collective activities m) the right to form or join a union

Art 101 University employees must comply with all their obligations under the law the applicable collective labor agreement and the rules of conduct the individual labor contracts including the job description and internal rules Mainly University employees have the following obligations a) comply strictly with their functions in the job description and the tasks assigned hierarchically with accountability competence efficiency fairness and conscientiousness b) to comply with the order and discipline at the workplace c) to comply with schedule and make effective use of working time d) be familiar with the tasks that have to be executed e) to acquire professional knowledge of duties attend training courses or courses organized for this purpose f) to comply with security measures and occupational health in school work safety regulations and fire prevention or any other situation that could endanger the life and physical integrity personal health or that of other persons buildings etc g) to comply with access rules in the institution to take steps to remove any person if their presence could cause a safety hazard or hinder the normal operation of the institution h) in cases of force majeure are obliged to know participate and ensure the civilian protection measures i) to be present for work in proper condition to fulfill their duties in good conditions j) notify the chief supervisor as soon as they became aware of irregularities misconduct hardship or deprivation k) to know and comply with the internal regulations in the applicable collective labor contract and the individual labor contract l) employees are required to effectively use working time and facilities to solve duties pertaining to their position m) to maintain cleanliness in the workplace and in all places of common use n) to secure official documents at the end of working hours After working hours it is forbidden to leave appliances plugged in except computer and tactical equipment (fax servers communications etc) and lighting installations a) not to leave unattended during working hours machinery and equipment in operation p) be faithful to the university of their duties q) to observe secrecy r) hold patrimonial liability under the rules and contractual liability for material damages bore to the University of their own guilt or as a consequence of their work s) comply with the principles of impartiality and non-discrimination

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 11: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

11

Art 42 The result of the contest will be published on the competition website within 2 working days of the completion of the contest Art 43 Each year no later than September 1 the University prepares an annual report on the organization conduct and completion of contests for teaching positions The report is sent to the Ministry of Education Youth and Sports and CNATDCU

SUBCHAPTER II4

THE CONTEST BOARDS AND CONTEST ORGANIZATION Art 44 The composition of contest boards is proposed by the department council endorsed by the Faculty Council and approved by CMU Senate Decisions to appoint contest boards are compiled by the Deanrsquos Office for the posts of junior lecturer Senior Lecturer Lecturer respectively and by the Rector for the post of associate professor and professor Art 45 (1) The competition takes place within 30 days of the conclusion of the registration period (2) Completion of contest at the level of CMU is mandatory within 45 days from the submission of the contest board report and is operational in assigning successful candidates the basic teaching quota in CMU Art 46 For the post of JUNIOR LECTURER the following requirements are to be met cumulatively a) holding a PhD degree b) at least 5 papers (articles studies) published (author co-author) in journals or in proceedings of conferences with ISBN c) performing a lab class seminar in the presence of contest board members at a scheduled group This part of the contest contains necessarily one session of questions from the committee and the public The university website shall announce the contest date time and place of that trial d) achievement of the minimum score in the Annex of professional assessment Art 47 For a position of SENIOR LECTURER LECTURER candidates must meet the following cumulative conditions a) holding a PhD degree b) certificate of competency (or equivalent) for specific professional disciplines c) more than 10 papers published (author or co-author) in journals or in volumes of scientific conferences wih ISBN d) teaching one course seminar as scheduled in the timetable e) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the board and the public The university shall announce on the website the contest date time and place of that trial f) achieve the minimum score in the Annex of professional assessment

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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12

Art 48 For the position of ASSOCIATE PROFESSOR the following conditions are required cumulatively a) holding a PhD in the job profile b) at least 20 publications (10 as first author) of which at least 2 papers in specialized journals of international circulation (ISI standard) or indexed in an international database-specific to the field c) treaties monographs and books of expertise as sole author published at a CNCSIS publisher with ISBN d) 1 research contract awarded by competition as Project Manager e) the entire scientific activity should meet the specific criteria to the majors graduated set by the Council of National Titles Diplomas and Certificates (CNATDCU) f) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university shall announce on the website the contest date time and place of that trial g) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Senior Lecturer h) achievement of minimum performance indicators in the Annex of professional assessment Art 49 For the position of PROFESSOR the following conditions are required a) holding a PhD in the job profile b) holding a certificate of entitlement c) 2 grants research contracts obtained through competition one of which international and the candidate should have the quality of director in at least one d) have at least three books and three university courses as sole author or first author published in the domain of expertise for the candidate (the publishers recognized by CNCSIS) out of which at least one book and an academic course after the latest promotion e) at least 25 publications (15 as first author) f) all scientific activity to meet the criteria established by CNATDCU g) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university website shall announce the contest date time and place of that trial h) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Associate Professor i) achieve the minimum score in the Annex of professional assessment Art 50 The contest board for the position of associate professor or professor is composed of the Dean as president 4 members of CMU Senate The contest board is made up of lecturers and professors for the position of associate professor ie only of professors for the position of professor

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

13

SUBCHAPTER II5

COMPLETION OF CONTESTS FOR FILLING TEACHING POSITIONS Art 51 The application files including reports of the examination shall be submitted to the Dean of the faculty who is in charge of debating their result as well as presenting the file and the conclusions of the contest board to the Faculty Council CMU Senate UMC the Dean ensures necessary conditions for consultation of contest materials by members of the Faculty Council Art 52 In the Faculty Council meeting the Dean or the chairman of the contest board presents the summative report (briefing) of the contest board and nominate the candidate with the best performance The Faculty Council validates the competition results by open ballot The contest validation requires the presence of two thirds of the members of the Faculty Council Art 53 Based on the decision of the Faculty Council the Dean shall prepare a statement of the minutes of the meeting of the Faculty Council and attach a copy of the convening notice of the meeting (with the signatures of everybody present) These documents are added to the file of each candidate and submitted to CMU Administrative board within the time prescribed by the latter Art 54 (1) If the Teaching Council rejected the proposal of contest board to declare a candidate as successful the dean shall notify CMU Administrative Board within 24 hours forwarding the application files (2) After consultation with the Dean CMU Administrative Board may decide to use two acknowledged specialists by the university or beyond asking them to evaluate the file At the request of the persons concerned their identity can remain confidential in which case CMU Administrative Board assumes personal responsibility for the authenticity of their conclusions (3) CMU Administrative Board shall consider the legality of the procedure for both competition and candidate performance and presents further evaluation findings when applying this procedure (4) If following the review The Administrative Board considers that the decision of the Faculty Council is thorough and lawful it becomes final and no longer submit the file to CMU Senate If the Board has doubts as to the legality or validity of the Teaching Council decision it shall submit the file to CMU Senate with a reasoned proposal (5) In no case shall the Teaching Council or the Administrative Board declare successful a different candidate than the one proposed by the Contest Board Art 55 (1) The decision of the Faculty Council shall be presented by the Dean and forwarded for validation by the Rector to CMU Senate which verifies the compliance with the competition criteria and procedure and is declared as such by open ballot Decisions are taken by a majority of votes of present members if their number is at least 23 of the total membership

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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14

(2) The faculties are free to introduce their own regulations and other criteria for assessing the educational and scientific activities of the candidates including the opinions of students who have benefited from the teaching performance of a candidate Art 56 The appointment as Junior Lecturer Senior Lecturer Lecturer is made by Rectorrsquos decision from the first day of the semester following the confirmation of the contest by CMU Senate Art 57 Appointment to the position of associate professor professor respectively is made by Rectorrsquos decision based on the Order of the Ministry of Eduaction Research Youth and Sports from the first day of the month following the contest validation by the committee of the Ministry of Education Research Youth and Sports (CNATDCU)

SUBCHAPTER II6

FILLING VACANT POSITIONS BY ASSOCIATE TEACHING STAFF Art 58 (1) The teaching and research staff retire at the age of 65 (2) In higher education it is prohibited the employment of any management or administrative positions at all levels of the university after retirement Mandates of personnel holding management or administration positions at all levels of the university lawfully ceases for the persons who have reached retirement age Exceptions to these rules are members of the administrative board of private universities (3) The University Senate of the state private and denominational universities based on professional performance and the financial situation may decide to continue the activity of a teacher or research specialist after retirement based on a fixed term contract for one year with possibility of extension in compliance with the University Charter with no age limit The University Senate may decide to confer the honorary professor emeritus title for excellence in teaching and research to teachers who have reached the retirement age Retired teachers can be paid on an hourly system Art 59 (1) Teachers and research specialists supervising doctorates retire at the age of 65 and a) can lead PhDs in progress at the time of retirement until the age of 70 years b) after the age of 65 can supervise in PhD students only under the joint supervision with a teacher or a research specialist who reaches the age of retirement during the entire PhD program of studies respectively (2) retired teachers can carry out teaching paid by the hour after the standard retirement age (3) vacant teaching positions or temporary vacancies are covered with priority by permanent teachers of the institution or hourly-paid associate teaching staff according to the Law 1 of 5 January 2011 (4) Employment of scientific experts whose value has been recognized in the field by inventions innovations awards scientific publications in the country or abroad as

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

15

guest professors or associate professors is approved by the department council and approved by the faculty council Art 60 (1) Filling of vacant teaching positions by the associate teaching staff can be for a period of time determined in accordance with Law no 1 of 5 January 2011 from CMU Charter the selection of files organized in the department in compliance with legislation (2) The proposal of associated teaching staff is made by the head of department The Department decision is subject for approval to the Faculty Council Proposals of associated teachers can be made during the semester or the academic year (3) The file for the temporary filling of a vacant teaching position with associated teachers will include a) the applicants request b) Curriculum vitae and list of scientific papers c) List of teaching and scientific works d) Copy of BS MD PhD degree e) Affidavit stating that the respective person is teaching or doing research activities in other universities (4) The Dean of the Faculty shall forward to CMU Senate the file of the associate teacher accompanied by the approval of the Faculty Council Art 61 (1) Vacancies to be filled with associate teachers shall be disclosed at least 30 days before the beginning of the semester by display at the department and published on the university website (2) Temporary employment of associate teachers shall be made by decision of the Rector and the salaries are based on the position held The decision shall specify the period of employment Art 62 (1) Coverage of vacant teaching positions in an hourly system can be done with own teaching staff or associate teaching staff outside CMU Candidates nominated by departments with the approval of the Faculty Council shall meet the requirements of this Regulation on the position in question (2) Associate teaching staff must enroll their scientific results obtained during their activity at UMC in its record

Art 63 The models and pre-defined criteria that are prepared in connection with the filling of teaching positions are shown in the annexes of the Internal Regulation and constitute part of this Regulation

B FOR CONTRACT EMPLOYEES (Order of the Ministry of Education Research Youth and Sports MECTS nr 442215062011)

Art 64 (1) Promotion ensures career development of employed personnel by passing to a higher degree professional rank top level

(2) Promotion of employees with individual employment contract by professional degrees or stages is usually made on a vacant position

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

16

(3) Where there is no vacant position promotion by professional degrees or stages is achieved by transforming the position that a person is qualified for a level immediately above

(4) Promotion by professional degrees or stages of contractual staff in the public sector is made by examination ie competition for vacant positions Art 65 Transformation of occupied positions with a view to promotion for the positions higher education institutions shall be approved by the university senate

Art 66 - (1) The exam or contest to promote by professional degrees or stages for contractual staff consists of a written test and a practical test as appropriate and interview set by the examination board

(2) The practical exam replaces the written test for functions that you need to check practical skills for

(3) To participate in the examination or examination for promotion by professional degrees or stages the candidate must have obtained a very good individual performance appraisal at least twice in the last 3 years

(4) The position of junior employed staff the promotion examination is held usually within 5 days of the end of their debut under the law

Art 67 - (1) The examination board shall consist of three members two members of the institution or public authority and a member of the union or if appropriate a representative of employees with experience and knowledge in the position for which promotion is made

(2) The examination designated by administrative action by the authorizing officer will evaluate the candidate in the promotion examination according to the following criteria

a) theoretical knowledge required for the position assessed

b) behavior in crisis situations

c) communication skills

d) the ability of synthesis

(3) The criteria set out in para (2) a) shall be based on a written test of the the employees field of expertise and certifying the degree of accumulation of professional experience in the field The written test can be sat for as a multiple-choice test

(4) The criteria set out in para (2) b) - d) are evaluated in the interview

(5) The examination board may establish other specific evaluation criteria that will be assessed during the interview such as

a) complexity initiative creativity and diversity of activities

b) judgment and the impact of decisions

c) influence coordination and supervision Art 68 - (1) In the examination or promotion contest each of the two tests or the

written or practical test as appropriate including the interview shall be marked with a maximum score of 100 points

(2) The members of the examination award individual scores for each of the two tests referred to in para (1) recorded in the scoring sheet

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

17

(3) The final score of each of the two tests is calculated as the arithmetic average of the scores under par (2)

Art 69 - (1) contest or promotion exam score is calculated as the arithmetic average of the scores obtained in each of the final two tests written or practical as appropriate and interview

(2) The minimum passing score is 50 points Art 70 - (1) After the results obtained dissatisfied candidates may appeal within 48 hours of notification (2) Settlement of complaints and the results thereof shall be made within one working day after the deadline for submission of appeals

Art 71 - (1) For the settlement of appeals by an administrative officer

committee for solving complaints is made up consisting of 3 members (2) Membership in the examination is incompatible with membership of the

committee responsible for review (3) The members of the committee responsible for review must have experience

and knowledge in the position for which promotion is made Art 72 - (1) In the event that the person cannot obtain the minimum score

heshe can sit for a new promotion or competition exam in maximum 3 months (2) Until passing the exam or contest the person remains assigned to the

previously held professional degree stage

Art 73 Following the promotion the employee job description shall be completed with new responsibilties pertaining to the job

CHAPTER III

Rules regarding the respect of the principle of non-discrimination and dismissal of any form of dignity infringement

Art 74 Within the University in labor relations the working principle is that of equal treatment of all employees and the principle of non-discrimination and equal opportunities between women and men are respected Labor relations are based on the consensus principle and good faith Art 75 Any employee who performs work in the university benefits from respect of dignity and conscience without any discrimination Art 76 (1) Any direct or indirect discrimination of employees based on gender sexual orientation genetic features age nationality race color ethnicity religion political opinion social origin disability marital status or responsibility membership or activity in unions is forbidden

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

18

(2) The actions considered being direct discrimination acts and acts of exclusion distinction restriction or preference based on one or more of the criteria set out in para (1) which have the purpose or result in denial restriction or exclusion recognition enjoyment or exercise of employees rights The actions and deeds or acts apparently based on criteria other than the above but have any direct discriminatory consequences are considered to be direct discrimination

Art 77 Employees will be given the right to equal pay for equal work the right to individual and collective bargaining the right to protection from disclosure of personal information the right to protection against unlawful dismissal Art 78 (1) It is forbidden to ask a job candidate to perform present a pregnancy test or to sign a pledge that she will not get pregnant which would bear on the validity of the individual employment contract (2) The provisions of par (1) shall not apply in the case of prohibited jobs for pregnant and or breastfeeding women due to working conditions

Art 79 It is forbidden that decisions related to a person be affected by the acceptance or rejection of the conduct of a person related to harassment or sexual harassment thereof Art 80 It shall be considered as sex-based discrimination the conduct defined as harassment or sexual harassment aimed at a) creating an intimidating hostile workplace atmosphere or daunting for the person b) negative influence of the employee situation regarding promotion remuneration or income of any kind or access to training education and professional development if heshe refuses to accept unwanted behavior - verbal nonverbal or physical ndash related to sexual life Art 81 The refusal to employ a person who does not meet the job requirements and standards as long as it is not discriminatory act shall not constitute a breach of this Regulation Art 82 Any conduct nationalist character - jingoistic incitement to racial or national hatred or any behavior aimed at achieving dignity or creating an atmosphere hostile degrading humiliating or offensive directed against a person or group people shall be considered a violation of this regulation Art 83 Measures to promote equal opportunities between women and men and to eliminate direct and indirect discrimination on grounds of sex are in accordance with Law no 2022002 - reissued - on equality between women and men Art 84 The violation of the rules on non-discrimination and the removal of all forms of violation of dignity constitute misconduct

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

19

CHAPTER IV

Managing working and leave time Art 85 (1) The duration of working time of each full-time employee is 8 hours per day and 40 hours per week for auxiliary and contract staff and is performed 5 days working week (2) The work expanded to more than 48 hours week annual average will be subject only to the law and the applicable collective labor contract (3) The program is set for Monday through Friday between 730-1530 with a lunch break of 15 minutes which is included in the length of the working day (4) for the teaching staff the organization of working time complies with the provisions of Law no 12011 ndash the Law of Education ndash reissued and the provisions of the Collective Labor Agreement at the university level on the teaching quota and on the distribution of working hours in the week (5) The management of the university has the right within the limits imposed by legislation and procedures to alter schedule as required Art 86 Overtime work can be done in the cases and conditions provided by law the applicable collective labor contract and with prior approval of the CMU managing structures Art 87 (1) At the beginning and end of working hours each employee regardless of the position heshe holds except teaching staff shall sign the attendance register indicating time of arrival and departure time which will be checked regularly by the Human Resources Office (2) The attendance register will note delays and gaps in the program specifying whether or not they are justified (3) If the delay or absence was due to unforeseen circumstances or reasons beyond the control of the employee (illness accident etc) The employee is required to inform the following two days the head compartment he she is part of Art 88 The situation of this work attendance is prepared by the staff with responsibilities in this regard is supervised by the head of department or his deputy who has delegation of competence for this activity and transmitted to the Human Resources Office no later than the 3rd of the month following expiry month After submission to the Human Resources Office this situation can be changed only with the written and motivated approval of the chief who endorsed it Registrations of false information in the register is a serious offense and will be penalized according to the provisions of this Regulation Art 89 The university management may grant by law leave without pay at the motivated request of interested employees

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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20

Art 90 Programming the leaves is made at the end of each year for the next year Proposals of programming leaves are made by the management of each department and approved by the university management The order and physical performance of the leaves will be fixed by installments throughout the year taking into account the proper conduct of activity and the interests of employees Art 91 Employees are entitled to sick leave according to the law Sick leave shall be submitted to the Human Resources Office within 3 days of release the signed acknowledgment on white copy (back) of the chief Art 92 The Human Resources Office will keep track of delays consent sick leave study leave without pay and holidays Art 93 Entering the university premises for persons who are not employees of the institution shall be handled by each department involved in solving their problems Art 94 The management of each department will hold daily control at the end of the program the way in which employees meet their obligations in terms of closing windows locking offices cupboards and filing cabinets and turning off lights etc Art 95 The provisions of this Regulation on the organization of work and rest is filled according to the collective labor agreement applicable to CMU and according to the specific legislation

CHAPTER V

Rights and obligations of university and university employees

1 Rights and obligations of University Management

Art 96 The university management has a duty to take all measures to ensure appropriate work conditions for the institution Art 97 The university management shall ensure proper organization of the whole activity in order to provide efficient management of cash funds and materials to this effect it sets abiding by the law rules of labor discipline obligations of employees and their liability in case of breach of work duties Art 98 The institution management of the mainly have the following rights a) establishing the organization and functioning of the unit b) establish appropriate tasks for each employee and department according to the law c) give instructions binding the employee on their legality d) exercise control over the performance of duties e) to assess the disciplinary offenses and apply appropriate sanctions according to the law the collective labor agreement and the applicable rules of procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

21

f) establish the organizational structure of institutions and organizational structures fields Art 99 The Institution Management of the have the following obligations a) ensure rational use of labor force maintaining the number of employees to carry out their duties strictly required b) aims to raise the professional qualification of employees their promotion in relation to the preparation of the results obtained from annual evaluations and requirements and or needs for the proper functioning of the institution c) examines critical comments suggestions and proposals for action made by employees of the institution d) organizes working time in specific reports as required in order to ensure the functionality and compliance with legal duration of working time and rest e) ensures compliance with legal regulations on working time and rest as well as any other legal rights for employees f) pays all contributions and taxes in their jurisdiction and retains and pays contributions and taxes payable by employees according to the law g) informs employees of the work conditions and on issues related to employment relationships h) provides permanent technical and organizational conditions considered in developing appropriate labor standards and working conditions i) all rights granted to employees under the law the applicable collective agreement and individual employment contracts j) shall regularly convey to employees the economic and financial situation of the unit k) shall consult with the union or where appropriate with representatives of employees on decisions likely to substantially affect their rights and interests l) establishes the general register of employees as required by law and operates entries provided by law m) shall upon request issue all documents evidencing the status of employee for the applicant n) ensures confidentiality of personal data of employees a) prevents and sanctions by law any form of discrimination p) assesses the disciplinary offenses and imposes sanctions under the law in force the collective labor agreement and the internal regulation

2 Rights and obligations of employees

Art 100 University employees have under the Labour Code the following rights a) the right to remuneration for their work b) the right to meal breaks daily and weekly rest c) The right to public holidays and annual leave d) the right to dignity at work e) The right to equal opportunities and treatment f) the right to safety and health at work g) the right of access to training h) the right to information and consultation

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

22

i) the right to take part in the determination and improvement of working conditions and working environment j) the right to protection in cases of dismissal k) The right to bargain collectively and individually l) the right to participate in legal collective activities m) the right to form or join a union

Art 101 University employees must comply with all their obligations under the law the applicable collective labor agreement and the rules of conduct the individual labor contracts including the job description and internal rules Mainly University employees have the following obligations a) comply strictly with their functions in the job description and the tasks assigned hierarchically with accountability competence efficiency fairness and conscientiousness b) to comply with the order and discipline at the workplace c) to comply with schedule and make effective use of working time d) be familiar with the tasks that have to be executed e) to acquire professional knowledge of duties attend training courses or courses organized for this purpose f) to comply with security measures and occupational health in school work safety regulations and fire prevention or any other situation that could endanger the life and physical integrity personal health or that of other persons buildings etc g) to comply with access rules in the institution to take steps to remove any person if their presence could cause a safety hazard or hinder the normal operation of the institution h) in cases of force majeure are obliged to know participate and ensure the civilian protection measures i) to be present for work in proper condition to fulfill their duties in good conditions j) notify the chief supervisor as soon as they became aware of irregularities misconduct hardship or deprivation k) to know and comply with the internal regulations in the applicable collective labor contract and the individual labor contract l) employees are required to effectively use working time and facilities to solve duties pertaining to their position m) to maintain cleanliness in the workplace and in all places of common use n) to secure official documents at the end of working hours After working hours it is forbidden to leave appliances plugged in except computer and tactical equipment (fax servers communications etc) and lighting installations a) not to leave unattended during working hours machinery and equipment in operation p) be faithful to the university of their duties q) to observe secrecy r) hold patrimonial liability under the rules and contractual liability for material damages bore to the University of their own guilt or as a consequence of their work s) comply with the principles of impartiality and non-discrimination

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 12: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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12

Art 48 For the position of ASSOCIATE PROFESSOR the following conditions are required cumulatively a) holding a PhD in the job profile b) at least 20 publications (10 as first author) of which at least 2 papers in specialized journals of international circulation (ISI standard) or indexed in an international database-specific to the field c) treaties monographs and books of expertise as sole author published at a CNCSIS publisher with ISBN d) 1 research contract awarded by competition as Project Manager e) the entire scientific activity should meet the specific criteria to the majors graduated set by the Council of National Titles Diplomas and Certificates (CNATDCU) f) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university shall announce on the website the contest date time and place of that trial g) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Senior Lecturer h) achievement of minimum performance indicators in the Annex of professional assessment Art 49 For the position of PROFESSOR the following conditions are required a) holding a PhD in the job profile b) holding a certificate of entitlement c) 2 grants research contracts obtained through competition one of which international and the candidate should have the quality of director in at least one d) have at least three books and three university courses as sole author or first author published in the domain of expertise for the candidate (the publishers recognized by CNCSIS) out of which at least one book and an academic course after the latest promotion e) at least 25 publications (15 as first author) f) all scientific activity to meet the criteria established by CNATDCU g) public lecture for at least 45 minutes in which the candidate presents the most significant results of previous professional and academic career development plan This test contains necessarily a session of questions from the committee and the public The university website shall announce the contest date time and place of that trial h) calculating the score according to the scale of job evaluation for teaching positions should be based on the activity performed after promotion to the post of Associate Professor i) achieve the minimum score in the Annex of professional assessment Art 50 The contest board for the position of associate professor or professor is composed of the Dean as president 4 members of CMU Senate The contest board is made up of lecturers and professors for the position of associate professor ie only of professors for the position of professor

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

13

SUBCHAPTER II5

COMPLETION OF CONTESTS FOR FILLING TEACHING POSITIONS Art 51 The application files including reports of the examination shall be submitted to the Dean of the faculty who is in charge of debating their result as well as presenting the file and the conclusions of the contest board to the Faculty Council CMU Senate UMC the Dean ensures necessary conditions for consultation of contest materials by members of the Faculty Council Art 52 In the Faculty Council meeting the Dean or the chairman of the contest board presents the summative report (briefing) of the contest board and nominate the candidate with the best performance The Faculty Council validates the competition results by open ballot The contest validation requires the presence of two thirds of the members of the Faculty Council Art 53 Based on the decision of the Faculty Council the Dean shall prepare a statement of the minutes of the meeting of the Faculty Council and attach a copy of the convening notice of the meeting (with the signatures of everybody present) These documents are added to the file of each candidate and submitted to CMU Administrative board within the time prescribed by the latter Art 54 (1) If the Teaching Council rejected the proposal of contest board to declare a candidate as successful the dean shall notify CMU Administrative Board within 24 hours forwarding the application files (2) After consultation with the Dean CMU Administrative Board may decide to use two acknowledged specialists by the university or beyond asking them to evaluate the file At the request of the persons concerned their identity can remain confidential in which case CMU Administrative Board assumes personal responsibility for the authenticity of their conclusions (3) CMU Administrative Board shall consider the legality of the procedure for both competition and candidate performance and presents further evaluation findings when applying this procedure (4) If following the review The Administrative Board considers that the decision of the Faculty Council is thorough and lawful it becomes final and no longer submit the file to CMU Senate If the Board has doubts as to the legality or validity of the Teaching Council decision it shall submit the file to CMU Senate with a reasoned proposal (5) In no case shall the Teaching Council or the Administrative Board declare successful a different candidate than the one proposed by the Contest Board Art 55 (1) The decision of the Faculty Council shall be presented by the Dean and forwarded for validation by the Rector to CMU Senate which verifies the compliance with the competition criteria and procedure and is declared as such by open ballot Decisions are taken by a majority of votes of present members if their number is at least 23 of the total membership

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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14

(2) The faculties are free to introduce their own regulations and other criteria for assessing the educational and scientific activities of the candidates including the opinions of students who have benefited from the teaching performance of a candidate Art 56 The appointment as Junior Lecturer Senior Lecturer Lecturer is made by Rectorrsquos decision from the first day of the semester following the confirmation of the contest by CMU Senate Art 57 Appointment to the position of associate professor professor respectively is made by Rectorrsquos decision based on the Order of the Ministry of Eduaction Research Youth and Sports from the first day of the month following the contest validation by the committee of the Ministry of Education Research Youth and Sports (CNATDCU)

SUBCHAPTER II6

FILLING VACANT POSITIONS BY ASSOCIATE TEACHING STAFF Art 58 (1) The teaching and research staff retire at the age of 65 (2) In higher education it is prohibited the employment of any management or administrative positions at all levels of the university after retirement Mandates of personnel holding management or administration positions at all levels of the university lawfully ceases for the persons who have reached retirement age Exceptions to these rules are members of the administrative board of private universities (3) The University Senate of the state private and denominational universities based on professional performance and the financial situation may decide to continue the activity of a teacher or research specialist after retirement based on a fixed term contract for one year with possibility of extension in compliance with the University Charter with no age limit The University Senate may decide to confer the honorary professor emeritus title for excellence in teaching and research to teachers who have reached the retirement age Retired teachers can be paid on an hourly system Art 59 (1) Teachers and research specialists supervising doctorates retire at the age of 65 and a) can lead PhDs in progress at the time of retirement until the age of 70 years b) after the age of 65 can supervise in PhD students only under the joint supervision with a teacher or a research specialist who reaches the age of retirement during the entire PhD program of studies respectively (2) retired teachers can carry out teaching paid by the hour after the standard retirement age (3) vacant teaching positions or temporary vacancies are covered with priority by permanent teachers of the institution or hourly-paid associate teaching staff according to the Law 1 of 5 January 2011 (4) Employment of scientific experts whose value has been recognized in the field by inventions innovations awards scientific publications in the country or abroad as

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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15

guest professors or associate professors is approved by the department council and approved by the faculty council Art 60 (1) Filling of vacant teaching positions by the associate teaching staff can be for a period of time determined in accordance with Law no 1 of 5 January 2011 from CMU Charter the selection of files organized in the department in compliance with legislation (2) The proposal of associated teaching staff is made by the head of department The Department decision is subject for approval to the Faculty Council Proposals of associated teachers can be made during the semester or the academic year (3) The file for the temporary filling of a vacant teaching position with associated teachers will include a) the applicants request b) Curriculum vitae and list of scientific papers c) List of teaching and scientific works d) Copy of BS MD PhD degree e) Affidavit stating that the respective person is teaching or doing research activities in other universities (4) The Dean of the Faculty shall forward to CMU Senate the file of the associate teacher accompanied by the approval of the Faculty Council Art 61 (1) Vacancies to be filled with associate teachers shall be disclosed at least 30 days before the beginning of the semester by display at the department and published on the university website (2) Temporary employment of associate teachers shall be made by decision of the Rector and the salaries are based on the position held The decision shall specify the period of employment Art 62 (1) Coverage of vacant teaching positions in an hourly system can be done with own teaching staff or associate teaching staff outside CMU Candidates nominated by departments with the approval of the Faculty Council shall meet the requirements of this Regulation on the position in question (2) Associate teaching staff must enroll their scientific results obtained during their activity at UMC in its record

Art 63 The models and pre-defined criteria that are prepared in connection with the filling of teaching positions are shown in the annexes of the Internal Regulation and constitute part of this Regulation

B FOR CONTRACT EMPLOYEES (Order of the Ministry of Education Research Youth and Sports MECTS nr 442215062011)

Art 64 (1) Promotion ensures career development of employed personnel by passing to a higher degree professional rank top level

(2) Promotion of employees with individual employment contract by professional degrees or stages is usually made on a vacant position

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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16

(3) Where there is no vacant position promotion by professional degrees or stages is achieved by transforming the position that a person is qualified for a level immediately above

(4) Promotion by professional degrees or stages of contractual staff in the public sector is made by examination ie competition for vacant positions Art 65 Transformation of occupied positions with a view to promotion for the positions higher education institutions shall be approved by the university senate

Art 66 - (1) The exam or contest to promote by professional degrees or stages for contractual staff consists of a written test and a practical test as appropriate and interview set by the examination board

(2) The practical exam replaces the written test for functions that you need to check practical skills for

(3) To participate in the examination or examination for promotion by professional degrees or stages the candidate must have obtained a very good individual performance appraisal at least twice in the last 3 years

(4) The position of junior employed staff the promotion examination is held usually within 5 days of the end of their debut under the law

Art 67 - (1) The examination board shall consist of three members two members of the institution or public authority and a member of the union or if appropriate a representative of employees with experience and knowledge in the position for which promotion is made

(2) The examination designated by administrative action by the authorizing officer will evaluate the candidate in the promotion examination according to the following criteria

a) theoretical knowledge required for the position assessed

b) behavior in crisis situations

c) communication skills

d) the ability of synthesis

(3) The criteria set out in para (2) a) shall be based on a written test of the the employees field of expertise and certifying the degree of accumulation of professional experience in the field The written test can be sat for as a multiple-choice test

(4) The criteria set out in para (2) b) - d) are evaluated in the interview

(5) The examination board may establish other specific evaluation criteria that will be assessed during the interview such as

a) complexity initiative creativity and diversity of activities

b) judgment and the impact of decisions

c) influence coordination and supervision Art 68 - (1) In the examination or promotion contest each of the two tests or the

written or practical test as appropriate including the interview shall be marked with a maximum score of 100 points

(2) The members of the examination award individual scores for each of the two tests referred to in para (1) recorded in the scoring sheet

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

17

(3) The final score of each of the two tests is calculated as the arithmetic average of the scores under par (2)

Art 69 - (1) contest or promotion exam score is calculated as the arithmetic average of the scores obtained in each of the final two tests written or practical as appropriate and interview

(2) The minimum passing score is 50 points Art 70 - (1) After the results obtained dissatisfied candidates may appeal within 48 hours of notification (2) Settlement of complaints and the results thereof shall be made within one working day after the deadline for submission of appeals

Art 71 - (1) For the settlement of appeals by an administrative officer

committee for solving complaints is made up consisting of 3 members (2) Membership in the examination is incompatible with membership of the

committee responsible for review (3) The members of the committee responsible for review must have experience

and knowledge in the position for which promotion is made Art 72 - (1) In the event that the person cannot obtain the minimum score

heshe can sit for a new promotion or competition exam in maximum 3 months (2) Until passing the exam or contest the person remains assigned to the

previously held professional degree stage

Art 73 Following the promotion the employee job description shall be completed with new responsibilties pertaining to the job

CHAPTER III

Rules regarding the respect of the principle of non-discrimination and dismissal of any form of dignity infringement

Art 74 Within the University in labor relations the working principle is that of equal treatment of all employees and the principle of non-discrimination and equal opportunities between women and men are respected Labor relations are based on the consensus principle and good faith Art 75 Any employee who performs work in the university benefits from respect of dignity and conscience without any discrimination Art 76 (1) Any direct or indirect discrimination of employees based on gender sexual orientation genetic features age nationality race color ethnicity religion political opinion social origin disability marital status or responsibility membership or activity in unions is forbidden

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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18

(2) The actions considered being direct discrimination acts and acts of exclusion distinction restriction or preference based on one or more of the criteria set out in para (1) which have the purpose or result in denial restriction or exclusion recognition enjoyment or exercise of employees rights The actions and deeds or acts apparently based on criteria other than the above but have any direct discriminatory consequences are considered to be direct discrimination

Art 77 Employees will be given the right to equal pay for equal work the right to individual and collective bargaining the right to protection from disclosure of personal information the right to protection against unlawful dismissal Art 78 (1) It is forbidden to ask a job candidate to perform present a pregnancy test or to sign a pledge that she will not get pregnant which would bear on the validity of the individual employment contract (2) The provisions of par (1) shall not apply in the case of prohibited jobs for pregnant and or breastfeeding women due to working conditions

Art 79 It is forbidden that decisions related to a person be affected by the acceptance or rejection of the conduct of a person related to harassment or sexual harassment thereof Art 80 It shall be considered as sex-based discrimination the conduct defined as harassment or sexual harassment aimed at a) creating an intimidating hostile workplace atmosphere or daunting for the person b) negative influence of the employee situation regarding promotion remuneration or income of any kind or access to training education and professional development if heshe refuses to accept unwanted behavior - verbal nonverbal or physical ndash related to sexual life Art 81 The refusal to employ a person who does not meet the job requirements and standards as long as it is not discriminatory act shall not constitute a breach of this Regulation Art 82 Any conduct nationalist character - jingoistic incitement to racial or national hatred or any behavior aimed at achieving dignity or creating an atmosphere hostile degrading humiliating or offensive directed against a person or group people shall be considered a violation of this regulation Art 83 Measures to promote equal opportunities between women and men and to eliminate direct and indirect discrimination on grounds of sex are in accordance with Law no 2022002 - reissued - on equality between women and men Art 84 The violation of the rules on non-discrimination and the removal of all forms of violation of dignity constitute misconduct

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

19

CHAPTER IV

Managing working and leave time Art 85 (1) The duration of working time of each full-time employee is 8 hours per day and 40 hours per week for auxiliary and contract staff and is performed 5 days working week (2) The work expanded to more than 48 hours week annual average will be subject only to the law and the applicable collective labor contract (3) The program is set for Monday through Friday between 730-1530 with a lunch break of 15 minutes which is included in the length of the working day (4) for the teaching staff the organization of working time complies with the provisions of Law no 12011 ndash the Law of Education ndash reissued and the provisions of the Collective Labor Agreement at the university level on the teaching quota and on the distribution of working hours in the week (5) The management of the university has the right within the limits imposed by legislation and procedures to alter schedule as required Art 86 Overtime work can be done in the cases and conditions provided by law the applicable collective labor contract and with prior approval of the CMU managing structures Art 87 (1) At the beginning and end of working hours each employee regardless of the position heshe holds except teaching staff shall sign the attendance register indicating time of arrival and departure time which will be checked regularly by the Human Resources Office (2) The attendance register will note delays and gaps in the program specifying whether or not they are justified (3) If the delay or absence was due to unforeseen circumstances or reasons beyond the control of the employee (illness accident etc) The employee is required to inform the following two days the head compartment he she is part of Art 88 The situation of this work attendance is prepared by the staff with responsibilities in this regard is supervised by the head of department or his deputy who has delegation of competence for this activity and transmitted to the Human Resources Office no later than the 3rd of the month following expiry month After submission to the Human Resources Office this situation can be changed only with the written and motivated approval of the chief who endorsed it Registrations of false information in the register is a serious offense and will be penalized according to the provisions of this Regulation Art 89 The university management may grant by law leave without pay at the motivated request of interested employees

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

20

Art 90 Programming the leaves is made at the end of each year for the next year Proposals of programming leaves are made by the management of each department and approved by the university management The order and physical performance of the leaves will be fixed by installments throughout the year taking into account the proper conduct of activity and the interests of employees Art 91 Employees are entitled to sick leave according to the law Sick leave shall be submitted to the Human Resources Office within 3 days of release the signed acknowledgment on white copy (back) of the chief Art 92 The Human Resources Office will keep track of delays consent sick leave study leave without pay and holidays Art 93 Entering the university premises for persons who are not employees of the institution shall be handled by each department involved in solving their problems Art 94 The management of each department will hold daily control at the end of the program the way in which employees meet their obligations in terms of closing windows locking offices cupboards and filing cabinets and turning off lights etc Art 95 The provisions of this Regulation on the organization of work and rest is filled according to the collective labor agreement applicable to CMU and according to the specific legislation

CHAPTER V

Rights and obligations of university and university employees

1 Rights and obligations of University Management

Art 96 The university management has a duty to take all measures to ensure appropriate work conditions for the institution Art 97 The university management shall ensure proper organization of the whole activity in order to provide efficient management of cash funds and materials to this effect it sets abiding by the law rules of labor discipline obligations of employees and their liability in case of breach of work duties Art 98 The institution management of the mainly have the following rights a) establishing the organization and functioning of the unit b) establish appropriate tasks for each employee and department according to the law c) give instructions binding the employee on their legality d) exercise control over the performance of duties e) to assess the disciplinary offenses and apply appropriate sanctions according to the law the collective labor agreement and the applicable rules of procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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21

f) establish the organizational structure of institutions and organizational structures fields Art 99 The Institution Management of the have the following obligations a) ensure rational use of labor force maintaining the number of employees to carry out their duties strictly required b) aims to raise the professional qualification of employees their promotion in relation to the preparation of the results obtained from annual evaluations and requirements and or needs for the proper functioning of the institution c) examines critical comments suggestions and proposals for action made by employees of the institution d) organizes working time in specific reports as required in order to ensure the functionality and compliance with legal duration of working time and rest e) ensures compliance with legal regulations on working time and rest as well as any other legal rights for employees f) pays all contributions and taxes in their jurisdiction and retains and pays contributions and taxes payable by employees according to the law g) informs employees of the work conditions and on issues related to employment relationships h) provides permanent technical and organizational conditions considered in developing appropriate labor standards and working conditions i) all rights granted to employees under the law the applicable collective agreement and individual employment contracts j) shall regularly convey to employees the economic and financial situation of the unit k) shall consult with the union or where appropriate with representatives of employees on decisions likely to substantially affect their rights and interests l) establishes the general register of employees as required by law and operates entries provided by law m) shall upon request issue all documents evidencing the status of employee for the applicant n) ensures confidentiality of personal data of employees a) prevents and sanctions by law any form of discrimination p) assesses the disciplinary offenses and imposes sanctions under the law in force the collective labor agreement and the internal regulation

2 Rights and obligations of employees

Art 100 University employees have under the Labour Code the following rights a) the right to remuneration for their work b) the right to meal breaks daily and weekly rest c) The right to public holidays and annual leave d) the right to dignity at work e) The right to equal opportunities and treatment f) the right to safety and health at work g) the right of access to training h) the right to information and consultation

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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22

i) the right to take part in the determination and improvement of working conditions and working environment j) the right to protection in cases of dismissal k) The right to bargain collectively and individually l) the right to participate in legal collective activities m) the right to form or join a union

Art 101 University employees must comply with all their obligations under the law the applicable collective labor agreement and the rules of conduct the individual labor contracts including the job description and internal rules Mainly University employees have the following obligations a) comply strictly with their functions in the job description and the tasks assigned hierarchically with accountability competence efficiency fairness and conscientiousness b) to comply with the order and discipline at the workplace c) to comply with schedule and make effective use of working time d) be familiar with the tasks that have to be executed e) to acquire professional knowledge of duties attend training courses or courses organized for this purpose f) to comply with security measures and occupational health in school work safety regulations and fire prevention or any other situation that could endanger the life and physical integrity personal health or that of other persons buildings etc g) to comply with access rules in the institution to take steps to remove any person if their presence could cause a safety hazard or hinder the normal operation of the institution h) in cases of force majeure are obliged to know participate and ensure the civilian protection measures i) to be present for work in proper condition to fulfill their duties in good conditions j) notify the chief supervisor as soon as they became aware of irregularities misconduct hardship or deprivation k) to know and comply with the internal regulations in the applicable collective labor contract and the individual labor contract l) employees are required to effectively use working time and facilities to solve duties pertaining to their position m) to maintain cleanliness in the workplace and in all places of common use n) to secure official documents at the end of working hours After working hours it is forbidden to leave appliances plugged in except computer and tactical equipment (fax servers communications etc) and lighting installations a) not to leave unattended during working hours machinery and equipment in operation p) be faithful to the university of their duties q) to observe secrecy r) hold patrimonial liability under the rules and contractual liability for material damages bore to the University of their own guilt or as a consequence of their work s) comply with the principles of impartiality and non-discrimination

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 13: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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13

SUBCHAPTER II5

COMPLETION OF CONTESTS FOR FILLING TEACHING POSITIONS Art 51 The application files including reports of the examination shall be submitted to the Dean of the faculty who is in charge of debating their result as well as presenting the file and the conclusions of the contest board to the Faculty Council CMU Senate UMC the Dean ensures necessary conditions for consultation of contest materials by members of the Faculty Council Art 52 In the Faculty Council meeting the Dean or the chairman of the contest board presents the summative report (briefing) of the contest board and nominate the candidate with the best performance The Faculty Council validates the competition results by open ballot The contest validation requires the presence of two thirds of the members of the Faculty Council Art 53 Based on the decision of the Faculty Council the Dean shall prepare a statement of the minutes of the meeting of the Faculty Council and attach a copy of the convening notice of the meeting (with the signatures of everybody present) These documents are added to the file of each candidate and submitted to CMU Administrative board within the time prescribed by the latter Art 54 (1) If the Teaching Council rejected the proposal of contest board to declare a candidate as successful the dean shall notify CMU Administrative Board within 24 hours forwarding the application files (2) After consultation with the Dean CMU Administrative Board may decide to use two acknowledged specialists by the university or beyond asking them to evaluate the file At the request of the persons concerned their identity can remain confidential in which case CMU Administrative Board assumes personal responsibility for the authenticity of their conclusions (3) CMU Administrative Board shall consider the legality of the procedure for both competition and candidate performance and presents further evaluation findings when applying this procedure (4) If following the review The Administrative Board considers that the decision of the Faculty Council is thorough and lawful it becomes final and no longer submit the file to CMU Senate If the Board has doubts as to the legality or validity of the Teaching Council decision it shall submit the file to CMU Senate with a reasoned proposal (5) In no case shall the Teaching Council or the Administrative Board declare successful a different candidate than the one proposed by the Contest Board Art 55 (1) The decision of the Faculty Council shall be presented by the Dean and forwarded for validation by the Rector to CMU Senate which verifies the compliance with the competition criteria and procedure and is declared as such by open ballot Decisions are taken by a majority of votes of present members if their number is at least 23 of the total membership

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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14

(2) The faculties are free to introduce their own regulations and other criteria for assessing the educational and scientific activities of the candidates including the opinions of students who have benefited from the teaching performance of a candidate Art 56 The appointment as Junior Lecturer Senior Lecturer Lecturer is made by Rectorrsquos decision from the first day of the semester following the confirmation of the contest by CMU Senate Art 57 Appointment to the position of associate professor professor respectively is made by Rectorrsquos decision based on the Order of the Ministry of Eduaction Research Youth and Sports from the first day of the month following the contest validation by the committee of the Ministry of Education Research Youth and Sports (CNATDCU)

SUBCHAPTER II6

FILLING VACANT POSITIONS BY ASSOCIATE TEACHING STAFF Art 58 (1) The teaching and research staff retire at the age of 65 (2) In higher education it is prohibited the employment of any management or administrative positions at all levels of the university after retirement Mandates of personnel holding management or administration positions at all levels of the university lawfully ceases for the persons who have reached retirement age Exceptions to these rules are members of the administrative board of private universities (3) The University Senate of the state private and denominational universities based on professional performance and the financial situation may decide to continue the activity of a teacher or research specialist after retirement based on a fixed term contract for one year with possibility of extension in compliance with the University Charter with no age limit The University Senate may decide to confer the honorary professor emeritus title for excellence in teaching and research to teachers who have reached the retirement age Retired teachers can be paid on an hourly system Art 59 (1) Teachers and research specialists supervising doctorates retire at the age of 65 and a) can lead PhDs in progress at the time of retirement until the age of 70 years b) after the age of 65 can supervise in PhD students only under the joint supervision with a teacher or a research specialist who reaches the age of retirement during the entire PhD program of studies respectively (2) retired teachers can carry out teaching paid by the hour after the standard retirement age (3) vacant teaching positions or temporary vacancies are covered with priority by permanent teachers of the institution or hourly-paid associate teaching staff according to the Law 1 of 5 January 2011 (4) Employment of scientific experts whose value has been recognized in the field by inventions innovations awards scientific publications in the country or abroad as

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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15

guest professors or associate professors is approved by the department council and approved by the faculty council Art 60 (1) Filling of vacant teaching positions by the associate teaching staff can be for a period of time determined in accordance with Law no 1 of 5 January 2011 from CMU Charter the selection of files organized in the department in compliance with legislation (2) The proposal of associated teaching staff is made by the head of department The Department decision is subject for approval to the Faculty Council Proposals of associated teachers can be made during the semester or the academic year (3) The file for the temporary filling of a vacant teaching position with associated teachers will include a) the applicants request b) Curriculum vitae and list of scientific papers c) List of teaching and scientific works d) Copy of BS MD PhD degree e) Affidavit stating that the respective person is teaching or doing research activities in other universities (4) The Dean of the Faculty shall forward to CMU Senate the file of the associate teacher accompanied by the approval of the Faculty Council Art 61 (1) Vacancies to be filled with associate teachers shall be disclosed at least 30 days before the beginning of the semester by display at the department and published on the university website (2) Temporary employment of associate teachers shall be made by decision of the Rector and the salaries are based on the position held The decision shall specify the period of employment Art 62 (1) Coverage of vacant teaching positions in an hourly system can be done with own teaching staff or associate teaching staff outside CMU Candidates nominated by departments with the approval of the Faculty Council shall meet the requirements of this Regulation on the position in question (2) Associate teaching staff must enroll their scientific results obtained during their activity at UMC in its record

Art 63 The models and pre-defined criteria that are prepared in connection with the filling of teaching positions are shown in the annexes of the Internal Regulation and constitute part of this Regulation

B FOR CONTRACT EMPLOYEES (Order of the Ministry of Education Research Youth and Sports MECTS nr 442215062011)

Art 64 (1) Promotion ensures career development of employed personnel by passing to a higher degree professional rank top level

(2) Promotion of employees with individual employment contract by professional degrees or stages is usually made on a vacant position

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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16

(3) Where there is no vacant position promotion by professional degrees or stages is achieved by transforming the position that a person is qualified for a level immediately above

(4) Promotion by professional degrees or stages of contractual staff in the public sector is made by examination ie competition for vacant positions Art 65 Transformation of occupied positions with a view to promotion for the positions higher education institutions shall be approved by the university senate

Art 66 - (1) The exam or contest to promote by professional degrees or stages for contractual staff consists of a written test and a practical test as appropriate and interview set by the examination board

(2) The practical exam replaces the written test for functions that you need to check practical skills for

(3) To participate in the examination or examination for promotion by professional degrees or stages the candidate must have obtained a very good individual performance appraisal at least twice in the last 3 years

(4) The position of junior employed staff the promotion examination is held usually within 5 days of the end of their debut under the law

Art 67 - (1) The examination board shall consist of three members two members of the institution or public authority and a member of the union or if appropriate a representative of employees with experience and knowledge in the position for which promotion is made

(2) The examination designated by administrative action by the authorizing officer will evaluate the candidate in the promotion examination according to the following criteria

a) theoretical knowledge required for the position assessed

b) behavior in crisis situations

c) communication skills

d) the ability of synthesis

(3) The criteria set out in para (2) a) shall be based on a written test of the the employees field of expertise and certifying the degree of accumulation of professional experience in the field The written test can be sat for as a multiple-choice test

(4) The criteria set out in para (2) b) - d) are evaluated in the interview

(5) The examination board may establish other specific evaluation criteria that will be assessed during the interview such as

a) complexity initiative creativity and diversity of activities

b) judgment and the impact of decisions

c) influence coordination and supervision Art 68 - (1) In the examination or promotion contest each of the two tests or the

written or practical test as appropriate including the interview shall be marked with a maximum score of 100 points

(2) The members of the examination award individual scores for each of the two tests referred to in para (1) recorded in the scoring sheet

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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17

(3) The final score of each of the two tests is calculated as the arithmetic average of the scores under par (2)

Art 69 - (1) contest or promotion exam score is calculated as the arithmetic average of the scores obtained in each of the final two tests written or practical as appropriate and interview

(2) The minimum passing score is 50 points Art 70 - (1) After the results obtained dissatisfied candidates may appeal within 48 hours of notification (2) Settlement of complaints and the results thereof shall be made within one working day after the deadline for submission of appeals

Art 71 - (1) For the settlement of appeals by an administrative officer

committee for solving complaints is made up consisting of 3 members (2) Membership in the examination is incompatible with membership of the

committee responsible for review (3) The members of the committee responsible for review must have experience

and knowledge in the position for which promotion is made Art 72 - (1) In the event that the person cannot obtain the minimum score

heshe can sit for a new promotion or competition exam in maximum 3 months (2) Until passing the exam or contest the person remains assigned to the

previously held professional degree stage

Art 73 Following the promotion the employee job description shall be completed with new responsibilties pertaining to the job

CHAPTER III

Rules regarding the respect of the principle of non-discrimination and dismissal of any form of dignity infringement

Art 74 Within the University in labor relations the working principle is that of equal treatment of all employees and the principle of non-discrimination and equal opportunities between women and men are respected Labor relations are based on the consensus principle and good faith Art 75 Any employee who performs work in the university benefits from respect of dignity and conscience without any discrimination Art 76 (1) Any direct or indirect discrimination of employees based on gender sexual orientation genetic features age nationality race color ethnicity religion political opinion social origin disability marital status or responsibility membership or activity in unions is forbidden

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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18

(2) The actions considered being direct discrimination acts and acts of exclusion distinction restriction or preference based on one or more of the criteria set out in para (1) which have the purpose or result in denial restriction or exclusion recognition enjoyment or exercise of employees rights The actions and deeds or acts apparently based on criteria other than the above but have any direct discriminatory consequences are considered to be direct discrimination

Art 77 Employees will be given the right to equal pay for equal work the right to individual and collective bargaining the right to protection from disclosure of personal information the right to protection against unlawful dismissal Art 78 (1) It is forbidden to ask a job candidate to perform present a pregnancy test or to sign a pledge that she will not get pregnant which would bear on the validity of the individual employment contract (2) The provisions of par (1) shall not apply in the case of prohibited jobs for pregnant and or breastfeeding women due to working conditions

Art 79 It is forbidden that decisions related to a person be affected by the acceptance or rejection of the conduct of a person related to harassment or sexual harassment thereof Art 80 It shall be considered as sex-based discrimination the conduct defined as harassment or sexual harassment aimed at a) creating an intimidating hostile workplace atmosphere or daunting for the person b) negative influence of the employee situation regarding promotion remuneration or income of any kind or access to training education and professional development if heshe refuses to accept unwanted behavior - verbal nonverbal or physical ndash related to sexual life Art 81 The refusal to employ a person who does not meet the job requirements and standards as long as it is not discriminatory act shall not constitute a breach of this Regulation Art 82 Any conduct nationalist character - jingoistic incitement to racial or national hatred or any behavior aimed at achieving dignity or creating an atmosphere hostile degrading humiliating or offensive directed against a person or group people shall be considered a violation of this regulation Art 83 Measures to promote equal opportunities between women and men and to eliminate direct and indirect discrimination on grounds of sex are in accordance with Law no 2022002 - reissued - on equality between women and men Art 84 The violation of the rules on non-discrimination and the removal of all forms of violation of dignity constitute misconduct

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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19

CHAPTER IV

Managing working and leave time Art 85 (1) The duration of working time of each full-time employee is 8 hours per day and 40 hours per week for auxiliary and contract staff and is performed 5 days working week (2) The work expanded to more than 48 hours week annual average will be subject only to the law and the applicable collective labor contract (3) The program is set for Monday through Friday between 730-1530 with a lunch break of 15 minutes which is included in the length of the working day (4) for the teaching staff the organization of working time complies with the provisions of Law no 12011 ndash the Law of Education ndash reissued and the provisions of the Collective Labor Agreement at the university level on the teaching quota and on the distribution of working hours in the week (5) The management of the university has the right within the limits imposed by legislation and procedures to alter schedule as required Art 86 Overtime work can be done in the cases and conditions provided by law the applicable collective labor contract and with prior approval of the CMU managing structures Art 87 (1) At the beginning and end of working hours each employee regardless of the position heshe holds except teaching staff shall sign the attendance register indicating time of arrival and departure time which will be checked regularly by the Human Resources Office (2) The attendance register will note delays and gaps in the program specifying whether or not they are justified (3) If the delay or absence was due to unforeseen circumstances or reasons beyond the control of the employee (illness accident etc) The employee is required to inform the following two days the head compartment he she is part of Art 88 The situation of this work attendance is prepared by the staff with responsibilities in this regard is supervised by the head of department or his deputy who has delegation of competence for this activity and transmitted to the Human Resources Office no later than the 3rd of the month following expiry month After submission to the Human Resources Office this situation can be changed only with the written and motivated approval of the chief who endorsed it Registrations of false information in the register is a serious offense and will be penalized according to the provisions of this Regulation Art 89 The university management may grant by law leave without pay at the motivated request of interested employees

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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20

Art 90 Programming the leaves is made at the end of each year for the next year Proposals of programming leaves are made by the management of each department and approved by the university management The order and physical performance of the leaves will be fixed by installments throughout the year taking into account the proper conduct of activity and the interests of employees Art 91 Employees are entitled to sick leave according to the law Sick leave shall be submitted to the Human Resources Office within 3 days of release the signed acknowledgment on white copy (back) of the chief Art 92 The Human Resources Office will keep track of delays consent sick leave study leave without pay and holidays Art 93 Entering the university premises for persons who are not employees of the institution shall be handled by each department involved in solving their problems Art 94 The management of each department will hold daily control at the end of the program the way in which employees meet their obligations in terms of closing windows locking offices cupboards and filing cabinets and turning off lights etc Art 95 The provisions of this Regulation on the organization of work and rest is filled according to the collective labor agreement applicable to CMU and according to the specific legislation

CHAPTER V

Rights and obligations of university and university employees

1 Rights and obligations of University Management

Art 96 The university management has a duty to take all measures to ensure appropriate work conditions for the institution Art 97 The university management shall ensure proper organization of the whole activity in order to provide efficient management of cash funds and materials to this effect it sets abiding by the law rules of labor discipline obligations of employees and their liability in case of breach of work duties Art 98 The institution management of the mainly have the following rights a) establishing the organization and functioning of the unit b) establish appropriate tasks for each employee and department according to the law c) give instructions binding the employee on their legality d) exercise control over the performance of duties e) to assess the disciplinary offenses and apply appropriate sanctions according to the law the collective labor agreement and the applicable rules of procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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21

f) establish the organizational structure of institutions and organizational structures fields Art 99 The Institution Management of the have the following obligations a) ensure rational use of labor force maintaining the number of employees to carry out their duties strictly required b) aims to raise the professional qualification of employees their promotion in relation to the preparation of the results obtained from annual evaluations and requirements and or needs for the proper functioning of the institution c) examines critical comments suggestions and proposals for action made by employees of the institution d) organizes working time in specific reports as required in order to ensure the functionality and compliance with legal duration of working time and rest e) ensures compliance with legal regulations on working time and rest as well as any other legal rights for employees f) pays all contributions and taxes in their jurisdiction and retains and pays contributions and taxes payable by employees according to the law g) informs employees of the work conditions and on issues related to employment relationships h) provides permanent technical and organizational conditions considered in developing appropriate labor standards and working conditions i) all rights granted to employees under the law the applicable collective agreement and individual employment contracts j) shall regularly convey to employees the economic and financial situation of the unit k) shall consult with the union or where appropriate with representatives of employees on decisions likely to substantially affect their rights and interests l) establishes the general register of employees as required by law and operates entries provided by law m) shall upon request issue all documents evidencing the status of employee for the applicant n) ensures confidentiality of personal data of employees a) prevents and sanctions by law any form of discrimination p) assesses the disciplinary offenses and imposes sanctions under the law in force the collective labor agreement and the internal regulation

2 Rights and obligations of employees

Art 100 University employees have under the Labour Code the following rights a) the right to remuneration for their work b) the right to meal breaks daily and weekly rest c) The right to public holidays and annual leave d) the right to dignity at work e) The right to equal opportunities and treatment f) the right to safety and health at work g) the right of access to training h) the right to information and consultation

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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22

i) the right to take part in the determination and improvement of working conditions and working environment j) the right to protection in cases of dismissal k) The right to bargain collectively and individually l) the right to participate in legal collective activities m) the right to form or join a union

Art 101 University employees must comply with all their obligations under the law the applicable collective labor agreement and the rules of conduct the individual labor contracts including the job description and internal rules Mainly University employees have the following obligations a) comply strictly with their functions in the job description and the tasks assigned hierarchically with accountability competence efficiency fairness and conscientiousness b) to comply with the order and discipline at the workplace c) to comply with schedule and make effective use of working time d) be familiar with the tasks that have to be executed e) to acquire professional knowledge of duties attend training courses or courses organized for this purpose f) to comply with security measures and occupational health in school work safety regulations and fire prevention or any other situation that could endanger the life and physical integrity personal health or that of other persons buildings etc g) to comply with access rules in the institution to take steps to remove any person if their presence could cause a safety hazard or hinder the normal operation of the institution h) in cases of force majeure are obliged to know participate and ensure the civilian protection measures i) to be present for work in proper condition to fulfill their duties in good conditions j) notify the chief supervisor as soon as they became aware of irregularities misconduct hardship or deprivation k) to know and comply with the internal regulations in the applicable collective labor contract and the individual labor contract l) employees are required to effectively use working time and facilities to solve duties pertaining to their position m) to maintain cleanliness in the workplace and in all places of common use n) to secure official documents at the end of working hours After working hours it is forbidden to leave appliances plugged in except computer and tactical equipment (fax servers communications etc) and lighting installations a) not to leave unattended during working hours machinery and equipment in operation p) be faithful to the university of their duties q) to observe secrecy r) hold patrimonial liability under the rules and contractual liability for material damages bore to the University of their own guilt or as a consequence of their work s) comply with the principles of impartiality and non-discrimination

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 14: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

14

(2) The faculties are free to introduce their own regulations and other criteria for assessing the educational and scientific activities of the candidates including the opinions of students who have benefited from the teaching performance of a candidate Art 56 The appointment as Junior Lecturer Senior Lecturer Lecturer is made by Rectorrsquos decision from the first day of the semester following the confirmation of the contest by CMU Senate Art 57 Appointment to the position of associate professor professor respectively is made by Rectorrsquos decision based on the Order of the Ministry of Eduaction Research Youth and Sports from the first day of the month following the contest validation by the committee of the Ministry of Education Research Youth and Sports (CNATDCU)

SUBCHAPTER II6

FILLING VACANT POSITIONS BY ASSOCIATE TEACHING STAFF Art 58 (1) The teaching and research staff retire at the age of 65 (2) In higher education it is prohibited the employment of any management or administrative positions at all levels of the university after retirement Mandates of personnel holding management or administration positions at all levels of the university lawfully ceases for the persons who have reached retirement age Exceptions to these rules are members of the administrative board of private universities (3) The University Senate of the state private and denominational universities based on professional performance and the financial situation may decide to continue the activity of a teacher or research specialist after retirement based on a fixed term contract for one year with possibility of extension in compliance with the University Charter with no age limit The University Senate may decide to confer the honorary professor emeritus title for excellence in teaching and research to teachers who have reached the retirement age Retired teachers can be paid on an hourly system Art 59 (1) Teachers and research specialists supervising doctorates retire at the age of 65 and a) can lead PhDs in progress at the time of retirement until the age of 70 years b) after the age of 65 can supervise in PhD students only under the joint supervision with a teacher or a research specialist who reaches the age of retirement during the entire PhD program of studies respectively (2) retired teachers can carry out teaching paid by the hour after the standard retirement age (3) vacant teaching positions or temporary vacancies are covered with priority by permanent teachers of the institution or hourly-paid associate teaching staff according to the Law 1 of 5 January 2011 (4) Employment of scientific experts whose value has been recognized in the field by inventions innovations awards scientific publications in the country or abroad as

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

15

guest professors or associate professors is approved by the department council and approved by the faculty council Art 60 (1) Filling of vacant teaching positions by the associate teaching staff can be for a period of time determined in accordance with Law no 1 of 5 January 2011 from CMU Charter the selection of files organized in the department in compliance with legislation (2) The proposal of associated teaching staff is made by the head of department The Department decision is subject for approval to the Faculty Council Proposals of associated teachers can be made during the semester or the academic year (3) The file for the temporary filling of a vacant teaching position with associated teachers will include a) the applicants request b) Curriculum vitae and list of scientific papers c) List of teaching and scientific works d) Copy of BS MD PhD degree e) Affidavit stating that the respective person is teaching or doing research activities in other universities (4) The Dean of the Faculty shall forward to CMU Senate the file of the associate teacher accompanied by the approval of the Faculty Council Art 61 (1) Vacancies to be filled with associate teachers shall be disclosed at least 30 days before the beginning of the semester by display at the department and published on the university website (2) Temporary employment of associate teachers shall be made by decision of the Rector and the salaries are based on the position held The decision shall specify the period of employment Art 62 (1) Coverage of vacant teaching positions in an hourly system can be done with own teaching staff or associate teaching staff outside CMU Candidates nominated by departments with the approval of the Faculty Council shall meet the requirements of this Regulation on the position in question (2) Associate teaching staff must enroll their scientific results obtained during their activity at UMC in its record

Art 63 The models and pre-defined criteria that are prepared in connection with the filling of teaching positions are shown in the annexes of the Internal Regulation and constitute part of this Regulation

B FOR CONTRACT EMPLOYEES (Order of the Ministry of Education Research Youth and Sports MECTS nr 442215062011)

Art 64 (1) Promotion ensures career development of employed personnel by passing to a higher degree professional rank top level

(2) Promotion of employees with individual employment contract by professional degrees or stages is usually made on a vacant position

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

16

(3) Where there is no vacant position promotion by professional degrees or stages is achieved by transforming the position that a person is qualified for a level immediately above

(4) Promotion by professional degrees or stages of contractual staff in the public sector is made by examination ie competition for vacant positions Art 65 Transformation of occupied positions with a view to promotion for the positions higher education institutions shall be approved by the university senate

Art 66 - (1) The exam or contest to promote by professional degrees or stages for contractual staff consists of a written test and a practical test as appropriate and interview set by the examination board

(2) The practical exam replaces the written test for functions that you need to check practical skills for

(3) To participate in the examination or examination for promotion by professional degrees or stages the candidate must have obtained a very good individual performance appraisal at least twice in the last 3 years

(4) The position of junior employed staff the promotion examination is held usually within 5 days of the end of their debut under the law

Art 67 - (1) The examination board shall consist of three members two members of the institution or public authority and a member of the union or if appropriate a representative of employees with experience and knowledge in the position for which promotion is made

(2) The examination designated by administrative action by the authorizing officer will evaluate the candidate in the promotion examination according to the following criteria

a) theoretical knowledge required for the position assessed

b) behavior in crisis situations

c) communication skills

d) the ability of synthesis

(3) The criteria set out in para (2) a) shall be based on a written test of the the employees field of expertise and certifying the degree of accumulation of professional experience in the field The written test can be sat for as a multiple-choice test

(4) The criteria set out in para (2) b) - d) are evaluated in the interview

(5) The examination board may establish other specific evaluation criteria that will be assessed during the interview such as

a) complexity initiative creativity and diversity of activities

b) judgment and the impact of decisions

c) influence coordination and supervision Art 68 - (1) In the examination or promotion contest each of the two tests or the

written or practical test as appropriate including the interview shall be marked with a maximum score of 100 points

(2) The members of the examination award individual scores for each of the two tests referred to in para (1) recorded in the scoring sheet

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

17

(3) The final score of each of the two tests is calculated as the arithmetic average of the scores under par (2)

Art 69 - (1) contest or promotion exam score is calculated as the arithmetic average of the scores obtained in each of the final two tests written or practical as appropriate and interview

(2) The minimum passing score is 50 points Art 70 - (1) After the results obtained dissatisfied candidates may appeal within 48 hours of notification (2) Settlement of complaints and the results thereof shall be made within one working day after the deadline for submission of appeals

Art 71 - (1) For the settlement of appeals by an administrative officer

committee for solving complaints is made up consisting of 3 members (2) Membership in the examination is incompatible with membership of the

committee responsible for review (3) The members of the committee responsible for review must have experience

and knowledge in the position for which promotion is made Art 72 - (1) In the event that the person cannot obtain the minimum score

heshe can sit for a new promotion or competition exam in maximum 3 months (2) Until passing the exam or contest the person remains assigned to the

previously held professional degree stage

Art 73 Following the promotion the employee job description shall be completed with new responsibilties pertaining to the job

CHAPTER III

Rules regarding the respect of the principle of non-discrimination and dismissal of any form of dignity infringement

Art 74 Within the University in labor relations the working principle is that of equal treatment of all employees and the principle of non-discrimination and equal opportunities between women and men are respected Labor relations are based on the consensus principle and good faith Art 75 Any employee who performs work in the university benefits from respect of dignity and conscience without any discrimination Art 76 (1) Any direct or indirect discrimination of employees based on gender sexual orientation genetic features age nationality race color ethnicity religion political opinion social origin disability marital status or responsibility membership or activity in unions is forbidden

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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18

(2) The actions considered being direct discrimination acts and acts of exclusion distinction restriction or preference based on one or more of the criteria set out in para (1) which have the purpose or result in denial restriction or exclusion recognition enjoyment or exercise of employees rights The actions and deeds or acts apparently based on criteria other than the above but have any direct discriminatory consequences are considered to be direct discrimination

Art 77 Employees will be given the right to equal pay for equal work the right to individual and collective bargaining the right to protection from disclosure of personal information the right to protection against unlawful dismissal Art 78 (1) It is forbidden to ask a job candidate to perform present a pregnancy test or to sign a pledge that she will not get pregnant which would bear on the validity of the individual employment contract (2) The provisions of par (1) shall not apply in the case of prohibited jobs for pregnant and or breastfeeding women due to working conditions

Art 79 It is forbidden that decisions related to a person be affected by the acceptance or rejection of the conduct of a person related to harassment or sexual harassment thereof Art 80 It shall be considered as sex-based discrimination the conduct defined as harassment or sexual harassment aimed at a) creating an intimidating hostile workplace atmosphere or daunting for the person b) negative influence of the employee situation regarding promotion remuneration or income of any kind or access to training education and professional development if heshe refuses to accept unwanted behavior - verbal nonverbal or physical ndash related to sexual life Art 81 The refusal to employ a person who does not meet the job requirements and standards as long as it is not discriminatory act shall not constitute a breach of this Regulation Art 82 Any conduct nationalist character - jingoistic incitement to racial or national hatred or any behavior aimed at achieving dignity or creating an atmosphere hostile degrading humiliating or offensive directed against a person or group people shall be considered a violation of this regulation Art 83 Measures to promote equal opportunities between women and men and to eliminate direct and indirect discrimination on grounds of sex are in accordance with Law no 2022002 - reissued - on equality between women and men Art 84 The violation of the rules on non-discrimination and the removal of all forms of violation of dignity constitute misconduct

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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19

CHAPTER IV

Managing working and leave time Art 85 (1) The duration of working time of each full-time employee is 8 hours per day and 40 hours per week for auxiliary and contract staff and is performed 5 days working week (2) The work expanded to more than 48 hours week annual average will be subject only to the law and the applicable collective labor contract (3) The program is set for Monday through Friday between 730-1530 with a lunch break of 15 minutes which is included in the length of the working day (4) for the teaching staff the organization of working time complies with the provisions of Law no 12011 ndash the Law of Education ndash reissued and the provisions of the Collective Labor Agreement at the university level on the teaching quota and on the distribution of working hours in the week (5) The management of the university has the right within the limits imposed by legislation and procedures to alter schedule as required Art 86 Overtime work can be done in the cases and conditions provided by law the applicable collective labor contract and with prior approval of the CMU managing structures Art 87 (1) At the beginning and end of working hours each employee regardless of the position heshe holds except teaching staff shall sign the attendance register indicating time of arrival and departure time which will be checked regularly by the Human Resources Office (2) The attendance register will note delays and gaps in the program specifying whether or not they are justified (3) If the delay or absence was due to unforeseen circumstances or reasons beyond the control of the employee (illness accident etc) The employee is required to inform the following two days the head compartment he she is part of Art 88 The situation of this work attendance is prepared by the staff with responsibilities in this regard is supervised by the head of department or his deputy who has delegation of competence for this activity and transmitted to the Human Resources Office no later than the 3rd of the month following expiry month After submission to the Human Resources Office this situation can be changed only with the written and motivated approval of the chief who endorsed it Registrations of false information in the register is a serious offense and will be penalized according to the provisions of this Regulation Art 89 The university management may grant by law leave without pay at the motivated request of interested employees

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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20

Art 90 Programming the leaves is made at the end of each year for the next year Proposals of programming leaves are made by the management of each department and approved by the university management The order and physical performance of the leaves will be fixed by installments throughout the year taking into account the proper conduct of activity and the interests of employees Art 91 Employees are entitled to sick leave according to the law Sick leave shall be submitted to the Human Resources Office within 3 days of release the signed acknowledgment on white copy (back) of the chief Art 92 The Human Resources Office will keep track of delays consent sick leave study leave without pay and holidays Art 93 Entering the university premises for persons who are not employees of the institution shall be handled by each department involved in solving their problems Art 94 The management of each department will hold daily control at the end of the program the way in which employees meet their obligations in terms of closing windows locking offices cupboards and filing cabinets and turning off lights etc Art 95 The provisions of this Regulation on the organization of work and rest is filled according to the collective labor agreement applicable to CMU and according to the specific legislation

CHAPTER V

Rights and obligations of university and university employees

1 Rights and obligations of University Management

Art 96 The university management has a duty to take all measures to ensure appropriate work conditions for the institution Art 97 The university management shall ensure proper organization of the whole activity in order to provide efficient management of cash funds and materials to this effect it sets abiding by the law rules of labor discipline obligations of employees and their liability in case of breach of work duties Art 98 The institution management of the mainly have the following rights a) establishing the organization and functioning of the unit b) establish appropriate tasks for each employee and department according to the law c) give instructions binding the employee on their legality d) exercise control over the performance of duties e) to assess the disciplinary offenses and apply appropriate sanctions according to the law the collective labor agreement and the applicable rules of procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

21

f) establish the organizational structure of institutions and organizational structures fields Art 99 The Institution Management of the have the following obligations a) ensure rational use of labor force maintaining the number of employees to carry out their duties strictly required b) aims to raise the professional qualification of employees their promotion in relation to the preparation of the results obtained from annual evaluations and requirements and or needs for the proper functioning of the institution c) examines critical comments suggestions and proposals for action made by employees of the institution d) organizes working time in specific reports as required in order to ensure the functionality and compliance with legal duration of working time and rest e) ensures compliance with legal regulations on working time and rest as well as any other legal rights for employees f) pays all contributions and taxes in their jurisdiction and retains and pays contributions and taxes payable by employees according to the law g) informs employees of the work conditions and on issues related to employment relationships h) provides permanent technical and organizational conditions considered in developing appropriate labor standards and working conditions i) all rights granted to employees under the law the applicable collective agreement and individual employment contracts j) shall regularly convey to employees the economic and financial situation of the unit k) shall consult with the union or where appropriate with representatives of employees on decisions likely to substantially affect their rights and interests l) establishes the general register of employees as required by law and operates entries provided by law m) shall upon request issue all documents evidencing the status of employee for the applicant n) ensures confidentiality of personal data of employees a) prevents and sanctions by law any form of discrimination p) assesses the disciplinary offenses and imposes sanctions under the law in force the collective labor agreement and the internal regulation

2 Rights and obligations of employees

Art 100 University employees have under the Labour Code the following rights a) the right to remuneration for their work b) the right to meal breaks daily and weekly rest c) The right to public holidays and annual leave d) the right to dignity at work e) The right to equal opportunities and treatment f) the right to safety and health at work g) the right of access to training h) the right to information and consultation

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

22

i) the right to take part in the determination and improvement of working conditions and working environment j) the right to protection in cases of dismissal k) The right to bargain collectively and individually l) the right to participate in legal collective activities m) the right to form or join a union

Art 101 University employees must comply with all their obligations under the law the applicable collective labor agreement and the rules of conduct the individual labor contracts including the job description and internal rules Mainly University employees have the following obligations a) comply strictly with their functions in the job description and the tasks assigned hierarchically with accountability competence efficiency fairness and conscientiousness b) to comply with the order and discipline at the workplace c) to comply with schedule and make effective use of working time d) be familiar with the tasks that have to be executed e) to acquire professional knowledge of duties attend training courses or courses organized for this purpose f) to comply with security measures and occupational health in school work safety regulations and fire prevention or any other situation that could endanger the life and physical integrity personal health or that of other persons buildings etc g) to comply with access rules in the institution to take steps to remove any person if their presence could cause a safety hazard or hinder the normal operation of the institution h) in cases of force majeure are obliged to know participate and ensure the civilian protection measures i) to be present for work in proper condition to fulfill their duties in good conditions j) notify the chief supervisor as soon as they became aware of irregularities misconduct hardship or deprivation k) to know and comply with the internal regulations in the applicable collective labor contract and the individual labor contract l) employees are required to effectively use working time and facilities to solve duties pertaining to their position m) to maintain cleanliness in the workplace and in all places of common use n) to secure official documents at the end of working hours After working hours it is forbidden to leave appliances plugged in except computer and tactical equipment (fax servers communications etc) and lighting installations a) not to leave unattended during working hours machinery and equipment in operation p) be faithful to the university of their duties q) to observe secrecy r) hold patrimonial liability under the rules and contractual liability for material damages bore to the University of their own guilt or as a consequence of their work s) comply with the principles of impartiality and non-discrimination

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 15: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

15

guest professors or associate professors is approved by the department council and approved by the faculty council Art 60 (1) Filling of vacant teaching positions by the associate teaching staff can be for a period of time determined in accordance with Law no 1 of 5 January 2011 from CMU Charter the selection of files organized in the department in compliance with legislation (2) The proposal of associated teaching staff is made by the head of department The Department decision is subject for approval to the Faculty Council Proposals of associated teachers can be made during the semester or the academic year (3) The file for the temporary filling of a vacant teaching position with associated teachers will include a) the applicants request b) Curriculum vitae and list of scientific papers c) List of teaching and scientific works d) Copy of BS MD PhD degree e) Affidavit stating that the respective person is teaching or doing research activities in other universities (4) The Dean of the Faculty shall forward to CMU Senate the file of the associate teacher accompanied by the approval of the Faculty Council Art 61 (1) Vacancies to be filled with associate teachers shall be disclosed at least 30 days before the beginning of the semester by display at the department and published on the university website (2) Temporary employment of associate teachers shall be made by decision of the Rector and the salaries are based on the position held The decision shall specify the period of employment Art 62 (1) Coverage of vacant teaching positions in an hourly system can be done with own teaching staff or associate teaching staff outside CMU Candidates nominated by departments with the approval of the Faculty Council shall meet the requirements of this Regulation on the position in question (2) Associate teaching staff must enroll their scientific results obtained during their activity at UMC in its record

Art 63 The models and pre-defined criteria that are prepared in connection with the filling of teaching positions are shown in the annexes of the Internal Regulation and constitute part of this Regulation

B FOR CONTRACT EMPLOYEES (Order of the Ministry of Education Research Youth and Sports MECTS nr 442215062011)

Art 64 (1) Promotion ensures career development of employed personnel by passing to a higher degree professional rank top level

(2) Promotion of employees with individual employment contract by professional degrees or stages is usually made on a vacant position

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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16

(3) Where there is no vacant position promotion by professional degrees or stages is achieved by transforming the position that a person is qualified for a level immediately above

(4) Promotion by professional degrees or stages of contractual staff in the public sector is made by examination ie competition for vacant positions Art 65 Transformation of occupied positions with a view to promotion for the positions higher education institutions shall be approved by the university senate

Art 66 - (1) The exam or contest to promote by professional degrees or stages for contractual staff consists of a written test and a practical test as appropriate and interview set by the examination board

(2) The practical exam replaces the written test for functions that you need to check practical skills for

(3) To participate in the examination or examination for promotion by professional degrees or stages the candidate must have obtained a very good individual performance appraisal at least twice in the last 3 years

(4) The position of junior employed staff the promotion examination is held usually within 5 days of the end of their debut under the law

Art 67 - (1) The examination board shall consist of three members two members of the institution or public authority and a member of the union or if appropriate a representative of employees with experience and knowledge in the position for which promotion is made

(2) The examination designated by administrative action by the authorizing officer will evaluate the candidate in the promotion examination according to the following criteria

a) theoretical knowledge required for the position assessed

b) behavior in crisis situations

c) communication skills

d) the ability of synthesis

(3) The criteria set out in para (2) a) shall be based on a written test of the the employees field of expertise and certifying the degree of accumulation of professional experience in the field The written test can be sat for as a multiple-choice test

(4) The criteria set out in para (2) b) - d) are evaluated in the interview

(5) The examination board may establish other specific evaluation criteria that will be assessed during the interview such as

a) complexity initiative creativity and diversity of activities

b) judgment and the impact of decisions

c) influence coordination and supervision Art 68 - (1) In the examination or promotion contest each of the two tests or the

written or practical test as appropriate including the interview shall be marked with a maximum score of 100 points

(2) The members of the examination award individual scores for each of the two tests referred to in para (1) recorded in the scoring sheet

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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17

(3) The final score of each of the two tests is calculated as the arithmetic average of the scores under par (2)

Art 69 - (1) contest or promotion exam score is calculated as the arithmetic average of the scores obtained in each of the final two tests written or practical as appropriate and interview

(2) The minimum passing score is 50 points Art 70 - (1) After the results obtained dissatisfied candidates may appeal within 48 hours of notification (2) Settlement of complaints and the results thereof shall be made within one working day after the deadline for submission of appeals

Art 71 - (1) For the settlement of appeals by an administrative officer

committee for solving complaints is made up consisting of 3 members (2) Membership in the examination is incompatible with membership of the

committee responsible for review (3) The members of the committee responsible for review must have experience

and knowledge in the position for which promotion is made Art 72 - (1) In the event that the person cannot obtain the minimum score

heshe can sit for a new promotion or competition exam in maximum 3 months (2) Until passing the exam or contest the person remains assigned to the

previously held professional degree stage

Art 73 Following the promotion the employee job description shall be completed with new responsibilties pertaining to the job

CHAPTER III

Rules regarding the respect of the principle of non-discrimination and dismissal of any form of dignity infringement

Art 74 Within the University in labor relations the working principle is that of equal treatment of all employees and the principle of non-discrimination and equal opportunities between women and men are respected Labor relations are based on the consensus principle and good faith Art 75 Any employee who performs work in the university benefits from respect of dignity and conscience without any discrimination Art 76 (1) Any direct or indirect discrimination of employees based on gender sexual orientation genetic features age nationality race color ethnicity religion political opinion social origin disability marital status or responsibility membership or activity in unions is forbidden

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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18

(2) The actions considered being direct discrimination acts and acts of exclusion distinction restriction or preference based on one or more of the criteria set out in para (1) which have the purpose or result in denial restriction or exclusion recognition enjoyment or exercise of employees rights The actions and deeds or acts apparently based on criteria other than the above but have any direct discriminatory consequences are considered to be direct discrimination

Art 77 Employees will be given the right to equal pay for equal work the right to individual and collective bargaining the right to protection from disclosure of personal information the right to protection against unlawful dismissal Art 78 (1) It is forbidden to ask a job candidate to perform present a pregnancy test or to sign a pledge that she will not get pregnant which would bear on the validity of the individual employment contract (2) The provisions of par (1) shall not apply in the case of prohibited jobs for pregnant and or breastfeeding women due to working conditions

Art 79 It is forbidden that decisions related to a person be affected by the acceptance or rejection of the conduct of a person related to harassment or sexual harassment thereof Art 80 It shall be considered as sex-based discrimination the conduct defined as harassment or sexual harassment aimed at a) creating an intimidating hostile workplace atmosphere or daunting for the person b) negative influence of the employee situation regarding promotion remuneration or income of any kind or access to training education and professional development if heshe refuses to accept unwanted behavior - verbal nonverbal or physical ndash related to sexual life Art 81 The refusal to employ a person who does not meet the job requirements and standards as long as it is not discriminatory act shall not constitute a breach of this Regulation Art 82 Any conduct nationalist character - jingoistic incitement to racial or national hatred or any behavior aimed at achieving dignity or creating an atmosphere hostile degrading humiliating or offensive directed against a person or group people shall be considered a violation of this regulation Art 83 Measures to promote equal opportunities between women and men and to eliminate direct and indirect discrimination on grounds of sex are in accordance with Law no 2022002 - reissued - on equality between women and men Art 84 The violation of the rules on non-discrimination and the removal of all forms of violation of dignity constitute misconduct

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

19

CHAPTER IV

Managing working and leave time Art 85 (1) The duration of working time of each full-time employee is 8 hours per day and 40 hours per week for auxiliary and contract staff and is performed 5 days working week (2) The work expanded to more than 48 hours week annual average will be subject only to the law and the applicable collective labor contract (3) The program is set for Monday through Friday between 730-1530 with a lunch break of 15 minutes which is included in the length of the working day (4) for the teaching staff the organization of working time complies with the provisions of Law no 12011 ndash the Law of Education ndash reissued and the provisions of the Collective Labor Agreement at the university level on the teaching quota and on the distribution of working hours in the week (5) The management of the university has the right within the limits imposed by legislation and procedures to alter schedule as required Art 86 Overtime work can be done in the cases and conditions provided by law the applicable collective labor contract and with prior approval of the CMU managing structures Art 87 (1) At the beginning and end of working hours each employee regardless of the position heshe holds except teaching staff shall sign the attendance register indicating time of arrival and departure time which will be checked regularly by the Human Resources Office (2) The attendance register will note delays and gaps in the program specifying whether or not they are justified (3) If the delay or absence was due to unforeseen circumstances or reasons beyond the control of the employee (illness accident etc) The employee is required to inform the following two days the head compartment he she is part of Art 88 The situation of this work attendance is prepared by the staff with responsibilities in this regard is supervised by the head of department or his deputy who has delegation of competence for this activity and transmitted to the Human Resources Office no later than the 3rd of the month following expiry month After submission to the Human Resources Office this situation can be changed only with the written and motivated approval of the chief who endorsed it Registrations of false information in the register is a serious offense and will be penalized according to the provisions of this Regulation Art 89 The university management may grant by law leave without pay at the motivated request of interested employees

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

20

Art 90 Programming the leaves is made at the end of each year for the next year Proposals of programming leaves are made by the management of each department and approved by the university management The order and physical performance of the leaves will be fixed by installments throughout the year taking into account the proper conduct of activity and the interests of employees Art 91 Employees are entitled to sick leave according to the law Sick leave shall be submitted to the Human Resources Office within 3 days of release the signed acknowledgment on white copy (back) of the chief Art 92 The Human Resources Office will keep track of delays consent sick leave study leave without pay and holidays Art 93 Entering the university premises for persons who are not employees of the institution shall be handled by each department involved in solving their problems Art 94 The management of each department will hold daily control at the end of the program the way in which employees meet their obligations in terms of closing windows locking offices cupboards and filing cabinets and turning off lights etc Art 95 The provisions of this Regulation on the organization of work and rest is filled according to the collective labor agreement applicable to CMU and according to the specific legislation

CHAPTER V

Rights and obligations of university and university employees

1 Rights and obligations of University Management

Art 96 The university management has a duty to take all measures to ensure appropriate work conditions for the institution Art 97 The university management shall ensure proper organization of the whole activity in order to provide efficient management of cash funds and materials to this effect it sets abiding by the law rules of labor discipline obligations of employees and their liability in case of breach of work duties Art 98 The institution management of the mainly have the following rights a) establishing the organization and functioning of the unit b) establish appropriate tasks for each employee and department according to the law c) give instructions binding the employee on their legality d) exercise control over the performance of duties e) to assess the disciplinary offenses and apply appropriate sanctions according to the law the collective labor agreement and the applicable rules of procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

21

f) establish the organizational structure of institutions and organizational structures fields Art 99 The Institution Management of the have the following obligations a) ensure rational use of labor force maintaining the number of employees to carry out their duties strictly required b) aims to raise the professional qualification of employees their promotion in relation to the preparation of the results obtained from annual evaluations and requirements and or needs for the proper functioning of the institution c) examines critical comments suggestions and proposals for action made by employees of the institution d) organizes working time in specific reports as required in order to ensure the functionality and compliance with legal duration of working time and rest e) ensures compliance with legal regulations on working time and rest as well as any other legal rights for employees f) pays all contributions and taxes in their jurisdiction and retains and pays contributions and taxes payable by employees according to the law g) informs employees of the work conditions and on issues related to employment relationships h) provides permanent technical and organizational conditions considered in developing appropriate labor standards and working conditions i) all rights granted to employees under the law the applicable collective agreement and individual employment contracts j) shall regularly convey to employees the economic and financial situation of the unit k) shall consult with the union or where appropriate with representatives of employees on decisions likely to substantially affect their rights and interests l) establishes the general register of employees as required by law and operates entries provided by law m) shall upon request issue all documents evidencing the status of employee for the applicant n) ensures confidentiality of personal data of employees a) prevents and sanctions by law any form of discrimination p) assesses the disciplinary offenses and imposes sanctions under the law in force the collective labor agreement and the internal regulation

2 Rights and obligations of employees

Art 100 University employees have under the Labour Code the following rights a) the right to remuneration for their work b) the right to meal breaks daily and weekly rest c) The right to public holidays and annual leave d) the right to dignity at work e) The right to equal opportunities and treatment f) the right to safety and health at work g) the right of access to training h) the right to information and consultation

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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22

i) the right to take part in the determination and improvement of working conditions and working environment j) the right to protection in cases of dismissal k) The right to bargain collectively and individually l) the right to participate in legal collective activities m) the right to form or join a union

Art 101 University employees must comply with all their obligations under the law the applicable collective labor agreement and the rules of conduct the individual labor contracts including the job description and internal rules Mainly University employees have the following obligations a) comply strictly with their functions in the job description and the tasks assigned hierarchically with accountability competence efficiency fairness and conscientiousness b) to comply with the order and discipline at the workplace c) to comply with schedule and make effective use of working time d) be familiar with the tasks that have to be executed e) to acquire professional knowledge of duties attend training courses or courses organized for this purpose f) to comply with security measures and occupational health in school work safety regulations and fire prevention or any other situation that could endanger the life and physical integrity personal health or that of other persons buildings etc g) to comply with access rules in the institution to take steps to remove any person if their presence could cause a safety hazard or hinder the normal operation of the institution h) in cases of force majeure are obliged to know participate and ensure the civilian protection measures i) to be present for work in proper condition to fulfill their duties in good conditions j) notify the chief supervisor as soon as they became aware of irregularities misconduct hardship or deprivation k) to know and comply with the internal regulations in the applicable collective labor contract and the individual labor contract l) employees are required to effectively use working time and facilities to solve duties pertaining to their position m) to maintain cleanliness in the workplace and in all places of common use n) to secure official documents at the end of working hours After working hours it is forbidden to leave appliances plugged in except computer and tactical equipment (fax servers communications etc) and lighting installations a) not to leave unattended during working hours machinery and equipment in operation p) be faithful to the university of their duties q) to observe secrecy r) hold patrimonial liability under the rules and contractual liability for material damages bore to the University of their own guilt or as a consequence of their work s) comply with the principles of impartiality and non-discrimination

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 16: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

16

(3) Where there is no vacant position promotion by professional degrees or stages is achieved by transforming the position that a person is qualified for a level immediately above

(4) Promotion by professional degrees or stages of contractual staff in the public sector is made by examination ie competition for vacant positions Art 65 Transformation of occupied positions with a view to promotion for the positions higher education institutions shall be approved by the university senate

Art 66 - (1) The exam or contest to promote by professional degrees or stages for contractual staff consists of a written test and a practical test as appropriate and interview set by the examination board

(2) The practical exam replaces the written test for functions that you need to check practical skills for

(3) To participate in the examination or examination for promotion by professional degrees or stages the candidate must have obtained a very good individual performance appraisal at least twice in the last 3 years

(4) The position of junior employed staff the promotion examination is held usually within 5 days of the end of their debut under the law

Art 67 - (1) The examination board shall consist of three members two members of the institution or public authority and a member of the union or if appropriate a representative of employees with experience and knowledge in the position for which promotion is made

(2) The examination designated by administrative action by the authorizing officer will evaluate the candidate in the promotion examination according to the following criteria

a) theoretical knowledge required for the position assessed

b) behavior in crisis situations

c) communication skills

d) the ability of synthesis

(3) The criteria set out in para (2) a) shall be based on a written test of the the employees field of expertise and certifying the degree of accumulation of professional experience in the field The written test can be sat for as a multiple-choice test

(4) The criteria set out in para (2) b) - d) are evaluated in the interview

(5) The examination board may establish other specific evaluation criteria that will be assessed during the interview such as

a) complexity initiative creativity and diversity of activities

b) judgment and the impact of decisions

c) influence coordination and supervision Art 68 - (1) In the examination or promotion contest each of the two tests or the

written or practical test as appropriate including the interview shall be marked with a maximum score of 100 points

(2) The members of the examination award individual scores for each of the two tests referred to in para (1) recorded in the scoring sheet

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

17

(3) The final score of each of the two tests is calculated as the arithmetic average of the scores under par (2)

Art 69 - (1) contest or promotion exam score is calculated as the arithmetic average of the scores obtained in each of the final two tests written or practical as appropriate and interview

(2) The minimum passing score is 50 points Art 70 - (1) After the results obtained dissatisfied candidates may appeal within 48 hours of notification (2) Settlement of complaints and the results thereof shall be made within one working day after the deadline for submission of appeals

Art 71 - (1) For the settlement of appeals by an administrative officer

committee for solving complaints is made up consisting of 3 members (2) Membership in the examination is incompatible with membership of the

committee responsible for review (3) The members of the committee responsible for review must have experience

and knowledge in the position for which promotion is made Art 72 - (1) In the event that the person cannot obtain the minimum score

heshe can sit for a new promotion or competition exam in maximum 3 months (2) Until passing the exam or contest the person remains assigned to the

previously held professional degree stage

Art 73 Following the promotion the employee job description shall be completed with new responsibilties pertaining to the job

CHAPTER III

Rules regarding the respect of the principle of non-discrimination and dismissal of any form of dignity infringement

Art 74 Within the University in labor relations the working principle is that of equal treatment of all employees and the principle of non-discrimination and equal opportunities between women and men are respected Labor relations are based on the consensus principle and good faith Art 75 Any employee who performs work in the university benefits from respect of dignity and conscience without any discrimination Art 76 (1) Any direct or indirect discrimination of employees based on gender sexual orientation genetic features age nationality race color ethnicity religion political opinion social origin disability marital status or responsibility membership or activity in unions is forbidden

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

18

(2) The actions considered being direct discrimination acts and acts of exclusion distinction restriction or preference based on one or more of the criteria set out in para (1) which have the purpose or result in denial restriction or exclusion recognition enjoyment or exercise of employees rights The actions and deeds or acts apparently based on criteria other than the above but have any direct discriminatory consequences are considered to be direct discrimination

Art 77 Employees will be given the right to equal pay for equal work the right to individual and collective bargaining the right to protection from disclosure of personal information the right to protection against unlawful dismissal Art 78 (1) It is forbidden to ask a job candidate to perform present a pregnancy test or to sign a pledge that she will not get pregnant which would bear on the validity of the individual employment contract (2) The provisions of par (1) shall not apply in the case of prohibited jobs for pregnant and or breastfeeding women due to working conditions

Art 79 It is forbidden that decisions related to a person be affected by the acceptance or rejection of the conduct of a person related to harassment or sexual harassment thereof Art 80 It shall be considered as sex-based discrimination the conduct defined as harassment or sexual harassment aimed at a) creating an intimidating hostile workplace atmosphere or daunting for the person b) negative influence of the employee situation regarding promotion remuneration or income of any kind or access to training education and professional development if heshe refuses to accept unwanted behavior - verbal nonverbal or physical ndash related to sexual life Art 81 The refusal to employ a person who does not meet the job requirements and standards as long as it is not discriminatory act shall not constitute a breach of this Regulation Art 82 Any conduct nationalist character - jingoistic incitement to racial or national hatred or any behavior aimed at achieving dignity or creating an atmosphere hostile degrading humiliating or offensive directed against a person or group people shall be considered a violation of this regulation Art 83 Measures to promote equal opportunities between women and men and to eliminate direct and indirect discrimination on grounds of sex are in accordance with Law no 2022002 - reissued - on equality between women and men Art 84 The violation of the rules on non-discrimination and the removal of all forms of violation of dignity constitute misconduct

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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19

CHAPTER IV

Managing working and leave time Art 85 (1) The duration of working time of each full-time employee is 8 hours per day and 40 hours per week for auxiliary and contract staff and is performed 5 days working week (2) The work expanded to more than 48 hours week annual average will be subject only to the law and the applicable collective labor contract (3) The program is set for Monday through Friday between 730-1530 with a lunch break of 15 minutes which is included in the length of the working day (4) for the teaching staff the organization of working time complies with the provisions of Law no 12011 ndash the Law of Education ndash reissued and the provisions of the Collective Labor Agreement at the university level on the teaching quota and on the distribution of working hours in the week (5) The management of the university has the right within the limits imposed by legislation and procedures to alter schedule as required Art 86 Overtime work can be done in the cases and conditions provided by law the applicable collective labor contract and with prior approval of the CMU managing structures Art 87 (1) At the beginning and end of working hours each employee regardless of the position heshe holds except teaching staff shall sign the attendance register indicating time of arrival and departure time which will be checked regularly by the Human Resources Office (2) The attendance register will note delays and gaps in the program specifying whether or not they are justified (3) If the delay or absence was due to unforeseen circumstances or reasons beyond the control of the employee (illness accident etc) The employee is required to inform the following two days the head compartment he she is part of Art 88 The situation of this work attendance is prepared by the staff with responsibilities in this regard is supervised by the head of department or his deputy who has delegation of competence for this activity and transmitted to the Human Resources Office no later than the 3rd of the month following expiry month After submission to the Human Resources Office this situation can be changed only with the written and motivated approval of the chief who endorsed it Registrations of false information in the register is a serious offense and will be penalized according to the provisions of this Regulation Art 89 The university management may grant by law leave without pay at the motivated request of interested employees

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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20

Art 90 Programming the leaves is made at the end of each year for the next year Proposals of programming leaves are made by the management of each department and approved by the university management The order and physical performance of the leaves will be fixed by installments throughout the year taking into account the proper conduct of activity and the interests of employees Art 91 Employees are entitled to sick leave according to the law Sick leave shall be submitted to the Human Resources Office within 3 days of release the signed acknowledgment on white copy (back) of the chief Art 92 The Human Resources Office will keep track of delays consent sick leave study leave without pay and holidays Art 93 Entering the university premises for persons who are not employees of the institution shall be handled by each department involved in solving their problems Art 94 The management of each department will hold daily control at the end of the program the way in which employees meet their obligations in terms of closing windows locking offices cupboards and filing cabinets and turning off lights etc Art 95 The provisions of this Regulation on the organization of work and rest is filled according to the collective labor agreement applicable to CMU and according to the specific legislation

CHAPTER V

Rights and obligations of university and university employees

1 Rights and obligations of University Management

Art 96 The university management has a duty to take all measures to ensure appropriate work conditions for the institution Art 97 The university management shall ensure proper organization of the whole activity in order to provide efficient management of cash funds and materials to this effect it sets abiding by the law rules of labor discipline obligations of employees and their liability in case of breach of work duties Art 98 The institution management of the mainly have the following rights a) establishing the organization and functioning of the unit b) establish appropriate tasks for each employee and department according to the law c) give instructions binding the employee on their legality d) exercise control over the performance of duties e) to assess the disciplinary offenses and apply appropriate sanctions according to the law the collective labor agreement and the applicable rules of procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

21

f) establish the organizational structure of institutions and organizational structures fields Art 99 The Institution Management of the have the following obligations a) ensure rational use of labor force maintaining the number of employees to carry out their duties strictly required b) aims to raise the professional qualification of employees their promotion in relation to the preparation of the results obtained from annual evaluations and requirements and or needs for the proper functioning of the institution c) examines critical comments suggestions and proposals for action made by employees of the institution d) organizes working time in specific reports as required in order to ensure the functionality and compliance with legal duration of working time and rest e) ensures compliance with legal regulations on working time and rest as well as any other legal rights for employees f) pays all contributions and taxes in their jurisdiction and retains and pays contributions and taxes payable by employees according to the law g) informs employees of the work conditions and on issues related to employment relationships h) provides permanent technical and organizational conditions considered in developing appropriate labor standards and working conditions i) all rights granted to employees under the law the applicable collective agreement and individual employment contracts j) shall regularly convey to employees the economic and financial situation of the unit k) shall consult with the union or where appropriate with representatives of employees on decisions likely to substantially affect their rights and interests l) establishes the general register of employees as required by law and operates entries provided by law m) shall upon request issue all documents evidencing the status of employee for the applicant n) ensures confidentiality of personal data of employees a) prevents and sanctions by law any form of discrimination p) assesses the disciplinary offenses and imposes sanctions under the law in force the collective labor agreement and the internal regulation

2 Rights and obligations of employees

Art 100 University employees have under the Labour Code the following rights a) the right to remuneration for their work b) the right to meal breaks daily and weekly rest c) The right to public holidays and annual leave d) the right to dignity at work e) The right to equal opportunities and treatment f) the right to safety and health at work g) the right of access to training h) the right to information and consultation

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

22

i) the right to take part in the determination and improvement of working conditions and working environment j) the right to protection in cases of dismissal k) The right to bargain collectively and individually l) the right to participate in legal collective activities m) the right to form or join a union

Art 101 University employees must comply with all their obligations under the law the applicable collective labor agreement and the rules of conduct the individual labor contracts including the job description and internal rules Mainly University employees have the following obligations a) comply strictly with their functions in the job description and the tasks assigned hierarchically with accountability competence efficiency fairness and conscientiousness b) to comply with the order and discipline at the workplace c) to comply with schedule and make effective use of working time d) be familiar with the tasks that have to be executed e) to acquire professional knowledge of duties attend training courses or courses organized for this purpose f) to comply with security measures and occupational health in school work safety regulations and fire prevention or any other situation that could endanger the life and physical integrity personal health or that of other persons buildings etc g) to comply with access rules in the institution to take steps to remove any person if their presence could cause a safety hazard or hinder the normal operation of the institution h) in cases of force majeure are obliged to know participate and ensure the civilian protection measures i) to be present for work in proper condition to fulfill their duties in good conditions j) notify the chief supervisor as soon as they became aware of irregularities misconduct hardship or deprivation k) to know and comply with the internal regulations in the applicable collective labor contract and the individual labor contract l) employees are required to effectively use working time and facilities to solve duties pertaining to their position m) to maintain cleanliness in the workplace and in all places of common use n) to secure official documents at the end of working hours After working hours it is forbidden to leave appliances plugged in except computer and tactical equipment (fax servers communications etc) and lighting installations a) not to leave unattended during working hours machinery and equipment in operation p) be faithful to the university of their duties q) to observe secrecy r) hold patrimonial liability under the rules and contractual liability for material damages bore to the University of their own guilt or as a consequence of their work s) comply with the principles of impartiality and non-discrimination

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 17: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

17

(3) The final score of each of the two tests is calculated as the arithmetic average of the scores under par (2)

Art 69 - (1) contest or promotion exam score is calculated as the arithmetic average of the scores obtained in each of the final two tests written or practical as appropriate and interview

(2) The minimum passing score is 50 points Art 70 - (1) After the results obtained dissatisfied candidates may appeal within 48 hours of notification (2) Settlement of complaints and the results thereof shall be made within one working day after the deadline for submission of appeals

Art 71 - (1) For the settlement of appeals by an administrative officer

committee for solving complaints is made up consisting of 3 members (2) Membership in the examination is incompatible with membership of the

committee responsible for review (3) The members of the committee responsible for review must have experience

and knowledge in the position for which promotion is made Art 72 - (1) In the event that the person cannot obtain the minimum score

heshe can sit for a new promotion or competition exam in maximum 3 months (2) Until passing the exam or contest the person remains assigned to the

previously held professional degree stage

Art 73 Following the promotion the employee job description shall be completed with new responsibilties pertaining to the job

CHAPTER III

Rules regarding the respect of the principle of non-discrimination and dismissal of any form of dignity infringement

Art 74 Within the University in labor relations the working principle is that of equal treatment of all employees and the principle of non-discrimination and equal opportunities between women and men are respected Labor relations are based on the consensus principle and good faith Art 75 Any employee who performs work in the university benefits from respect of dignity and conscience without any discrimination Art 76 (1) Any direct or indirect discrimination of employees based on gender sexual orientation genetic features age nationality race color ethnicity religion political opinion social origin disability marital status or responsibility membership or activity in unions is forbidden

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

18

(2) The actions considered being direct discrimination acts and acts of exclusion distinction restriction or preference based on one or more of the criteria set out in para (1) which have the purpose or result in denial restriction or exclusion recognition enjoyment or exercise of employees rights The actions and deeds or acts apparently based on criteria other than the above but have any direct discriminatory consequences are considered to be direct discrimination

Art 77 Employees will be given the right to equal pay for equal work the right to individual and collective bargaining the right to protection from disclosure of personal information the right to protection against unlawful dismissal Art 78 (1) It is forbidden to ask a job candidate to perform present a pregnancy test or to sign a pledge that she will not get pregnant which would bear on the validity of the individual employment contract (2) The provisions of par (1) shall not apply in the case of prohibited jobs for pregnant and or breastfeeding women due to working conditions

Art 79 It is forbidden that decisions related to a person be affected by the acceptance or rejection of the conduct of a person related to harassment or sexual harassment thereof Art 80 It shall be considered as sex-based discrimination the conduct defined as harassment or sexual harassment aimed at a) creating an intimidating hostile workplace atmosphere or daunting for the person b) negative influence of the employee situation regarding promotion remuneration or income of any kind or access to training education and professional development if heshe refuses to accept unwanted behavior - verbal nonverbal or physical ndash related to sexual life Art 81 The refusal to employ a person who does not meet the job requirements and standards as long as it is not discriminatory act shall not constitute a breach of this Regulation Art 82 Any conduct nationalist character - jingoistic incitement to racial or national hatred or any behavior aimed at achieving dignity or creating an atmosphere hostile degrading humiliating or offensive directed against a person or group people shall be considered a violation of this regulation Art 83 Measures to promote equal opportunities between women and men and to eliminate direct and indirect discrimination on grounds of sex are in accordance with Law no 2022002 - reissued - on equality between women and men Art 84 The violation of the rules on non-discrimination and the removal of all forms of violation of dignity constitute misconduct

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

19

CHAPTER IV

Managing working and leave time Art 85 (1) The duration of working time of each full-time employee is 8 hours per day and 40 hours per week for auxiliary and contract staff and is performed 5 days working week (2) The work expanded to more than 48 hours week annual average will be subject only to the law and the applicable collective labor contract (3) The program is set for Monday through Friday between 730-1530 with a lunch break of 15 minutes which is included in the length of the working day (4) for the teaching staff the organization of working time complies with the provisions of Law no 12011 ndash the Law of Education ndash reissued and the provisions of the Collective Labor Agreement at the university level on the teaching quota and on the distribution of working hours in the week (5) The management of the university has the right within the limits imposed by legislation and procedures to alter schedule as required Art 86 Overtime work can be done in the cases and conditions provided by law the applicable collective labor contract and with prior approval of the CMU managing structures Art 87 (1) At the beginning and end of working hours each employee regardless of the position heshe holds except teaching staff shall sign the attendance register indicating time of arrival and departure time which will be checked regularly by the Human Resources Office (2) The attendance register will note delays and gaps in the program specifying whether or not they are justified (3) If the delay or absence was due to unforeseen circumstances or reasons beyond the control of the employee (illness accident etc) The employee is required to inform the following two days the head compartment he she is part of Art 88 The situation of this work attendance is prepared by the staff with responsibilities in this regard is supervised by the head of department or his deputy who has delegation of competence for this activity and transmitted to the Human Resources Office no later than the 3rd of the month following expiry month After submission to the Human Resources Office this situation can be changed only with the written and motivated approval of the chief who endorsed it Registrations of false information in the register is a serious offense and will be penalized according to the provisions of this Regulation Art 89 The university management may grant by law leave without pay at the motivated request of interested employees

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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20

Art 90 Programming the leaves is made at the end of each year for the next year Proposals of programming leaves are made by the management of each department and approved by the university management The order and physical performance of the leaves will be fixed by installments throughout the year taking into account the proper conduct of activity and the interests of employees Art 91 Employees are entitled to sick leave according to the law Sick leave shall be submitted to the Human Resources Office within 3 days of release the signed acknowledgment on white copy (back) of the chief Art 92 The Human Resources Office will keep track of delays consent sick leave study leave without pay and holidays Art 93 Entering the university premises for persons who are not employees of the institution shall be handled by each department involved in solving their problems Art 94 The management of each department will hold daily control at the end of the program the way in which employees meet their obligations in terms of closing windows locking offices cupboards and filing cabinets and turning off lights etc Art 95 The provisions of this Regulation on the organization of work and rest is filled according to the collective labor agreement applicable to CMU and according to the specific legislation

CHAPTER V

Rights and obligations of university and university employees

1 Rights and obligations of University Management

Art 96 The university management has a duty to take all measures to ensure appropriate work conditions for the institution Art 97 The university management shall ensure proper organization of the whole activity in order to provide efficient management of cash funds and materials to this effect it sets abiding by the law rules of labor discipline obligations of employees and their liability in case of breach of work duties Art 98 The institution management of the mainly have the following rights a) establishing the organization and functioning of the unit b) establish appropriate tasks for each employee and department according to the law c) give instructions binding the employee on their legality d) exercise control over the performance of duties e) to assess the disciplinary offenses and apply appropriate sanctions according to the law the collective labor agreement and the applicable rules of procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

21

f) establish the organizational structure of institutions and organizational structures fields Art 99 The Institution Management of the have the following obligations a) ensure rational use of labor force maintaining the number of employees to carry out their duties strictly required b) aims to raise the professional qualification of employees their promotion in relation to the preparation of the results obtained from annual evaluations and requirements and or needs for the proper functioning of the institution c) examines critical comments suggestions and proposals for action made by employees of the institution d) organizes working time in specific reports as required in order to ensure the functionality and compliance with legal duration of working time and rest e) ensures compliance with legal regulations on working time and rest as well as any other legal rights for employees f) pays all contributions and taxes in their jurisdiction and retains and pays contributions and taxes payable by employees according to the law g) informs employees of the work conditions and on issues related to employment relationships h) provides permanent technical and organizational conditions considered in developing appropriate labor standards and working conditions i) all rights granted to employees under the law the applicable collective agreement and individual employment contracts j) shall regularly convey to employees the economic and financial situation of the unit k) shall consult with the union or where appropriate with representatives of employees on decisions likely to substantially affect their rights and interests l) establishes the general register of employees as required by law and operates entries provided by law m) shall upon request issue all documents evidencing the status of employee for the applicant n) ensures confidentiality of personal data of employees a) prevents and sanctions by law any form of discrimination p) assesses the disciplinary offenses and imposes sanctions under the law in force the collective labor agreement and the internal regulation

2 Rights and obligations of employees

Art 100 University employees have under the Labour Code the following rights a) the right to remuneration for their work b) the right to meal breaks daily and weekly rest c) The right to public holidays and annual leave d) the right to dignity at work e) The right to equal opportunities and treatment f) the right to safety and health at work g) the right of access to training h) the right to information and consultation

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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22

i) the right to take part in the determination and improvement of working conditions and working environment j) the right to protection in cases of dismissal k) The right to bargain collectively and individually l) the right to participate in legal collective activities m) the right to form or join a union

Art 101 University employees must comply with all their obligations under the law the applicable collective labor agreement and the rules of conduct the individual labor contracts including the job description and internal rules Mainly University employees have the following obligations a) comply strictly with their functions in the job description and the tasks assigned hierarchically with accountability competence efficiency fairness and conscientiousness b) to comply with the order and discipline at the workplace c) to comply with schedule and make effective use of working time d) be familiar with the tasks that have to be executed e) to acquire professional knowledge of duties attend training courses or courses organized for this purpose f) to comply with security measures and occupational health in school work safety regulations and fire prevention or any other situation that could endanger the life and physical integrity personal health or that of other persons buildings etc g) to comply with access rules in the institution to take steps to remove any person if their presence could cause a safety hazard or hinder the normal operation of the institution h) in cases of force majeure are obliged to know participate and ensure the civilian protection measures i) to be present for work in proper condition to fulfill their duties in good conditions j) notify the chief supervisor as soon as they became aware of irregularities misconduct hardship or deprivation k) to know and comply with the internal regulations in the applicable collective labor contract and the individual labor contract l) employees are required to effectively use working time and facilities to solve duties pertaining to their position m) to maintain cleanliness in the workplace and in all places of common use n) to secure official documents at the end of working hours After working hours it is forbidden to leave appliances plugged in except computer and tactical equipment (fax servers communications etc) and lighting installations a) not to leave unattended during working hours machinery and equipment in operation p) be faithful to the university of their duties q) to observe secrecy r) hold patrimonial liability under the rules and contractual liability for material damages bore to the University of their own guilt or as a consequence of their work s) comply with the principles of impartiality and non-discrimination

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 18: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

18

(2) The actions considered being direct discrimination acts and acts of exclusion distinction restriction or preference based on one or more of the criteria set out in para (1) which have the purpose or result in denial restriction or exclusion recognition enjoyment or exercise of employees rights The actions and deeds or acts apparently based on criteria other than the above but have any direct discriminatory consequences are considered to be direct discrimination

Art 77 Employees will be given the right to equal pay for equal work the right to individual and collective bargaining the right to protection from disclosure of personal information the right to protection against unlawful dismissal Art 78 (1) It is forbidden to ask a job candidate to perform present a pregnancy test or to sign a pledge that she will not get pregnant which would bear on the validity of the individual employment contract (2) The provisions of par (1) shall not apply in the case of prohibited jobs for pregnant and or breastfeeding women due to working conditions

Art 79 It is forbidden that decisions related to a person be affected by the acceptance or rejection of the conduct of a person related to harassment or sexual harassment thereof Art 80 It shall be considered as sex-based discrimination the conduct defined as harassment or sexual harassment aimed at a) creating an intimidating hostile workplace atmosphere or daunting for the person b) negative influence of the employee situation regarding promotion remuneration or income of any kind or access to training education and professional development if heshe refuses to accept unwanted behavior - verbal nonverbal or physical ndash related to sexual life Art 81 The refusal to employ a person who does not meet the job requirements and standards as long as it is not discriminatory act shall not constitute a breach of this Regulation Art 82 Any conduct nationalist character - jingoistic incitement to racial or national hatred or any behavior aimed at achieving dignity or creating an atmosphere hostile degrading humiliating or offensive directed against a person or group people shall be considered a violation of this regulation Art 83 Measures to promote equal opportunities between women and men and to eliminate direct and indirect discrimination on grounds of sex are in accordance with Law no 2022002 - reissued - on equality between women and men Art 84 The violation of the rules on non-discrimination and the removal of all forms of violation of dignity constitute misconduct

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

19

CHAPTER IV

Managing working and leave time Art 85 (1) The duration of working time of each full-time employee is 8 hours per day and 40 hours per week for auxiliary and contract staff and is performed 5 days working week (2) The work expanded to more than 48 hours week annual average will be subject only to the law and the applicable collective labor contract (3) The program is set for Monday through Friday between 730-1530 with a lunch break of 15 minutes which is included in the length of the working day (4) for the teaching staff the organization of working time complies with the provisions of Law no 12011 ndash the Law of Education ndash reissued and the provisions of the Collective Labor Agreement at the university level on the teaching quota and on the distribution of working hours in the week (5) The management of the university has the right within the limits imposed by legislation and procedures to alter schedule as required Art 86 Overtime work can be done in the cases and conditions provided by law the applicable collective labor contract and with prior approval of the CMU managing structures Art 87 (1) At the beginning and end of working hours each employee regardless of the position heshe holds except teaching staff shall sign the attendance register indicating time of arrival and departure time which will be checked regularly by the Human Resources Office (2) The attendance register will note delays and gaps in the program specifying whether or not they are justified (3) If the delay or absence was due to unforeseen circumstances or reasons beyond the control of the employee (illness accident etc) The employee is required to inform the following two days the head compartment he she is part of Art 88 The situation of this work attendance is prepared by the staff with responsibilities in this regard is supervised by the head of department or his deputy who has delegation of competence for this activity and transmitted to the Human Resources Office no later than the 3rd of the month following expiry month After submission to the Human Resources Office this situation can be changed only with the written and motivated approval of the chief who endorsed it Registrations of false information in the register is a serious offense and will be penalized according to the provisions of this Regulation Art 89 The university management may grant by law leave without pay at the motivated request of interested employees

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

20

Art 90 Programming the leaves is made at the end of each year for the next year Proposals of programming leaves are made by the management of each department and approved by the university management The order and physical performance of the leaves will be fixed by installments throughout the year taking into account the proper conduct of activity and the interests of employees Art 91 Employees are entitled to sick leave according to the law Sick leave shall be submitted to the Human Resources Office within 3 days of release the signed acknowledgment on white copy (back) of the chief Art 92 The Human Resources Office will keep track of delays consent sick leave study leave without pay and holidays Art 93 Entering the university premises for persons who are not employees of the institution shall be handled by each department involved in solving their problems Art 94 The management of each department will hold daily control at the end of the program the way in which employees meet their obligations in terms of closing windows locking offices cupboards and filing cabinets and turning off lights etc Art 95 The provisions of this Regulation on the organization of work and rest is filled according to the collective labor agreement applicable to CMU and according to the specific legislation

CHAPTER V

Rights and obligations of university and university employees

1 Rights and obligations of University Management

Art 96 The university management has a duty to take all measures to ensure appropriate work conditions for the institution Art 97 The university management shall ensure proper organization of the whole activity in order to provide efficient management of cash funds and materials to this effect it sets abiding by the law rules of labor discipline obligations of employees and their liability in case of breach of work duties Art 98 The institution management of the mainly have the following rights a) establishing the organization and functioning of the unit b) establish appropriate tasks for each employee and department according to the law c) give instructions binding the employee on their legality d) exercise control over the performance of duties e) to assess the disciplinary offenses and apply appropriate sanctions according to the law the collective labor agreement and the applicable rules of procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

21

f) establish the organizational structure of institutions and organizational structures fields Art 99 The Institution Management of the have the following obligations a) ensure rational use of labor force maintaining the number of employees to carry out their duties strictly required b) aims to raise the professional qualification of employees their promotion in relation to the preparation of the results obtained from annual evaluations and requirements and or needs for the proper functioning of the institution c) examines critical comments suggestions and proposals for action made by employees of the institution d) organizes working time in specific reports as required in order to ensure the functionality and compliance with legal duration of working time and rest e) ensures compliance with legal regulations on working time and rest as well as any other legal rights for employees f) pays all contributions and taxes in their jurisdiction and retains and pays contributions and taxes payable by employees according to the law g) informs employees of the work conditions and on issues related to employment relationships h) provides permanent technical and organizational conditions considered in developing appropriate labor standards and working conditions i) all rights granted to employees under the law the applicable collective agreement and individual employment contracts j) shall regularly convey to employees the economic and financial situation of the unit k) shall consult with the union or where appropriate with representatives of employees on decisions likely to substantially affect their rights and interests l) establishes the general register of employees as required by law and operates entries provided by law m) shall upon request issue all documents evidencing the status of employee for the applicant n) ensures confidentiality of personal data of employees a) prevents and sanctions by law any form of discrimination p) assesses the disciplinary offenses and imposes sanctions under the law in force the collective labor agreement and the internal regulation

2 Rights and obligations of employees

Art 100 University employees have under the Labour Code the following rights a) the right to remuneration for their work b) the right to meal breaks daily and weekly rest c) The right to public holidays and annual leave d) the right to dignity at work e) The right to equal opportunities and treatment f) the right to safety and health at work g) the right of access to training h) the right to information and consultation

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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22

i) the right to take part in the determination and improvement of working conditions and working environment j) the right to protection in cases of dismissal k) The right to bargain collectively and individually l) the right to participate in legal collective activities m) the right to form or join a union

Art 101 University employees must comply with all their obligations under the law the applicable collective labor agreement and the rules of conduct the individual labor contracts including the job description and internal rules Mainly University employees have the following obligations a) comply strictly with their functions in the job description and the tasks assigned hierarchically with accountability competence efficiency fairness and conscientiousness b) to comply with the order and discipline at the workplace c) to comply with schedule and make effective use of working time d) be familiar with the tasks that have to be executed e) to acquire professional knowledge of duties attend training courses or courses organized for this purpose f) to comply with security measures and occupational health in school work safety regulations and fire prevention or any other situation that could endanger the life and physical integrity personal health or that of other persons buildings etc g) to comply with access rules in the institution to take steps to remove any person if their presence could cause a safety hazard or hinder the normal operation of the institution h) in cases of force majeure are obliged to know participate and ensure the civilian protection measures i) to be present for work in proper condition to fulfill their duties in good conditions j) notify the chief supervisor as soon as they became aware of irregularities misconduct hardship or deprivation k) to know and comply with the internal regulations in the applicable collective labor contract and the individual labor contract l) employees are required to effectively use working time and facilities to solve duties pertaining to their position m) to maintain cleanliness in the workplace and in all places of common use n) to secure official documents at the end of working hours After working hours it is forbidden to leave appliances plugged in except computer and tactical equipment (fax servers communications etc) and lighting installations a) not to leave unattended during working hours machinery and equipment in operation p) be faithful to the university of their duties q) to observe secrecy r) hold patrimonial liability under the rules and contractual liability for material damages bore to the University of their own guilt or as a consequence of their work s) comply with the principles of impartiality and non-discrimination

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 19: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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19

CHAPTER IV

Managing working and leave time Art 85 (1) The duration of working time of each full-time employee is 8 hours per day and 40 hours per week for auxiliary and contract staff and is performed 5 days working week (2) The work expanded to more than 48 hours week annual average will be subject only to the law and the applicable collective labor contract (3) The program is set for Monday through Friday between 730-1530 with a lunch break of 15 minutes which is included in the length of the working day (4) for the teaching staff the organization of working time complies with the provisions of Law no 12011 ndash the Law of Education ndash reissued and the provisions of the Collective Labor Agreement at the university level on the teaching quota and on the distribution of working hours in the week (5) The management of the university has the right within the limits imposed by legislation and procedures to alter schedule as required Art 86 Overtime work can be done in the cases and conditions provided by law the applicable collective labor contract and with prior approval of the CMU managing structures Art 87 (1) At the beginning and end of working hours each employee regardless of the position heshe holds except teaching staff shall sign the attendance register indicating time of arrival and departure time which will be checked regularly by the Human Resources Office (2) The attendance register will note delays and gaps in the program specifying whether or not they are justified (3) If the delay or absence was due to unforeseen circumstances or reasons beyond the control of the employee (illness accident etc) The employee is required to inform the following two days the head compartment he she is part of Art 88 The situation of this work attendance is prepared by the staff with responsibilities in this regard is supervised by the head of department or his deputy who has delegation of competence for this activity and transmitted to the Human Resources Office no later than the 3rd of the month following expiry month After submission to the Human Resources Office this situation can be changed only with the written and motivated approval of the chief who endorsed it Registrations of false information in the register is a serious offense and will be penalized according to the provisions of this Regulation Art 89 The university management may grant by law leave without pay at the motivated request of interested employees

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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20

Art 90 Programming the leaves is made at the end of each year for the next year Proposals of programming leaves are made by the management of each department and approved by the university management The order and physical performance of the leaves will be fixed by installments throughout the year taking into account the proper conduct of activity and the interests of employees Art 91 Employees are entitled to sick leave according to the law Sick leave shall be submitted to the Human Resources Office within 3 days of release the signed acknowledgment on white copy (back) of the chief Art 92 The Human Resources Office will keep track of delays consent sick leave study leave without pay and holidays Art 93 Entering the university premises for persons who are not employees of the institution shall be handled by each department involved in solving their problems Art 94 The management of each department will hold daily control at the end of the program the way in which employees meet their obligations in terms of closing windows locking offices cupboards and filing cabinets and turning off lights etc Art 95 The provisions of this Regulation on the organization of work and rest is filled according to the collective labor agreement applicable to CMU and according to the specific legislation

CHAPTER V

Rights and obligations of university and university employees

1 Rights and obligations of University Management

Art 96 The university management has a duty to take all measures to ensure appropriate work conditions for the institution Art 97 The university management shall ensure proper organization of the whole activity in order to provide efficient management of cash funds and materials to this effect it sets abiding by the law rules of labor discipline obligations of employees and their liability in case of breach of work duties Art 98 The institution management of the mainly have the following rights a) establishing the organization and functioning of the unit b) establish appropriate tasks for each employee and department according to the law c) give instructions binding the employee on their legality d) exercise control over the performance of duties e) to assess the disciplinary offenses and apply appropriate sanctions according to the law the collective labor agreement and the applicable rules of procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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21

f) establish the organizational structure of institutions and organizational structures fields Art 99 The Institution Management of the have the following obligations a) ensure rational use of labor force maintaining the number of employees to carry out their duties strictly required b) aims to raise the professional qualification of employees their promotion in relation to the preparation of the results obtained from annual evaluations and requirements and or needs for the proper functioning of the institution c) examines critical comments suggestions and proposals for action made by employees of the institution d) organizes working time in specific reports as required in order to ensure the functionality and compliance with legal duration of working time and rest e) ensures compliance with legal regulations on working time and rest as well as any other legal rights for employees f) pays all contributions and taxes in their jurisdiction and retains and pays contributions and taxes payable by employees according to the law g) informs employees of the work conditions and on issues related to employment relationships h) provides permanent technical and organizational conditions considered in developing appropriate labor standards and working conditions i) all rights granted to employees under the law the applicable collective agreement and individual employment contracts j) shall regularly convey to employees the economic and financial situation of the unit k) shall consult with the union or where appropriate with representatives of employees on decisions likely to substantially affect their rights and interests l) establishes the general register of employees as required by law and operates entries provided by law m) shall upon request issue all documents evidencing the status of employee for the applicant n) ensures confidentiality of personal data of employees a) prevents and sanctions by law any form of discrimination p) assesses the disciplinary offenses and imposes sanctions under the law in force the collective labor agreement and the internal regulation

2 Rights and obligations of employees

Art 100 University employees have under the Labour Code the following rights a) the right to remuneration for their work b) the right to meal breaks daily and weekly rest c) The right to public holidays and annual leave d) the right to dignity at work e) The right to equal opportunities and treatment f) the right to safety and health at work g) the right of access to training h) the right to information and consultation

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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22

i) the right to take part in the determination and improvement of working conditions and working environment j) the right to protection in cases of dismissal k) The right to bargain collectively and individually l) the right to participate in legal collective activities m) the right to form or join a union

Art 101 University employees must comply with all their obligations under the law the applicable collective labor agreement and the rules of conduct the individual labor contracts including the job description and internal rules Mainly University employees have the following obligations a) comply strictly with their functions in the job description and the tasks assigned hierarchically with accountability competence efficiency fairness and conscientiousness b) to comply with the order and discipline at the workplace c) to comply with schedule and make effective use of working time d) be familiar with the tasks that have to be executed e) to acquire professional knowledge of duties attend training courses or courses organized for this purpose f) to comply with security measures and occupational health in school work safety regulations and fire prevention or any other situation that could endanger the life and physical integrity personal health or that of other persons buildings etc g) to comply with access rules in the institution to take steps to remove any person if their presence could cause a safety hazard or hinder the normal operation of the institution h) in cases of force majeure are obliged to know participate and ensure the civilian protection measures i) to be present for work in proper condition to fulfill their duties in good conditions j) notify the chief supervisor as soon as they became aware of irregularities misconduct hardship or deprivation k) to know and comply with the internal regulations in the applicable collective labor contract and the individual labor contract l) employees are required to effectively use working time and facilities to solve duties pertaining to their position m) to maintain cleanliness in the workplace and in all places of common use n) to secure official documents at the end of working hours After working hours it is forbidden to leave appliances plugged in except computer and tactical equipment (fax servers communications etc) and lighting installations a) not to leave unattended during working hours machinery and equipment in operation p) be faithful to the university of their duties q) to observe secrecy r) hold patrimonial liability under the rules and contractual liability for material damages bore to the University of their own guilt or as a consequence of their work s) comply with the principles of impartiality and non-discrimination

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

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24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

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30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

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33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 20: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

20

Art 90 Programming the leaves is made at the end of each year for the next year Proposals of programming leaves are made by the management of each department and approved by the university management The order and physical performance of the leaves will be fixed by installments throughout the year taking into account the proper conduct of activity and the interests of employees Art 91 Employees are entitled to sick leave according to the law Sick leave shall be submitted to the Human Resources Office within 3 days of release the signed acknowledgment on white copy (back) of the chief Art 92 The Human Resources Office will keep track of delays consent sick leave study leave without pay and holidays Art 93 Entering the university premises for persons who are not employees of the institution shall be handled by each department involved in solving their problems Art 94 The management of each department will hold daily control at the end of the program the way in which employees meet their obligations in terms of closing windows locking offices cupboards and filing cabinets and turning off lights etc Art 95 The provisions of this Regulation on the organization of work and rest is filled according to the collective labor agreement applicable to CMU and according to the specific legislation

CHAPTER V

Rights and obligations of university and university employees

1 Rights and obligations of University Management

Art 96 The university management has a duty to take all measures to ensure appropriate work conditions for the institution Art 97 The university management shall ensure proper organization of the whole activity in order to provide efficient management of cash funds and materials to this effect it sets abiding by the law rules of labor discipline obligations of employees and their liability in case of breach of work duties Art 98 The institution management of the mainly have the following rights a) establishing the organization and functioning of the unit b) establish appropriate tasks for each employee and department according to the law c) give instructions binding the employee on their legality d) exercise control over the performance of duties e) to assess the disciplinary offenses and apply appropriate sanctions according to the law the collective labor agreement and the applicable rules of procedure

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

21

f) establish the organizational structure of institutions and organizational structures fields Art 99 The Institution Management of the have the following obligations a) ensure rational use of labor force maintaining the number of employees to carry out their duties strictly required b) aims to raise the professional qualification of employees their promotion in relation to the preparation of the results obtained from annual evaluations and requirements and or needs for the proper functioning of the institution c) examines critical comments suggestions and proposals for action made by employees of the institution d) organizes working time in specific reports as required in order to ensure the functionality and compliance with legal duration of working time and rest e) ensures compliance with legal regulations on working time and rest as well as any other legal rights for employees f) pays all contributions and taxes in their jurisdiction and retains and pays contributions and taxes payable by employees according to the law g) informs employees of the work conditions and on issues related to employment relationships h) provides permanent technical and organizational conditions considered in developing appropriate labor standards and working conditions i) all rights granted to employees under the law the applicable collective agreement and individual employment contracts j) shall regularly convey to employees the economic and financial situation of the unit k) shall consult with the union or where appropriate with representatives of employees on decisions likely to substantially affect their rights and interests l) establishes the general register of employees as required by law and operates entries provided by law m) shall upon request issue all documents evidencing the status of employee for the applicant n) ensures confidentiality of personal data of employees a) prevents and sanctions by law any form of discrimination p) assesses the disciplinary offenses and imposes sanctions under the law in force the collective labor agreement and the internal regulation

2 Rights and obligations of employees

Art 100 University employees have under the Labour Code the following rights a) the right to remuneration for their work b) the right to meal breaks daily and weekly rest c) The right to public holidays and annual leave d) the right to dignity at work e) The right to equal opportunities and treatment f) the right to safety and health at work g) the right of access to training h) the right to information and consultation

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

22

i) the right to take part in the determination and improvement of working conditions and working environment j) the right to protection in cases of dismissal k) The right to bargain collectively and individually l) the right to participate in legal collective activities m) the right to form or join a union

Art 101 University employees must comply with all their obligations under the law the applicable collective labor agreement and the rules of conduct the individual labor contracts including the job description and internal rules Mainly University employees have the following obligations a) comply strictly with their functions in the job description and the tasks assigned hierarchically with accountability competence efficiency fairness and conscientiousness b) to comply with the order and discipline at the workplace c) to comply with schedule and make effective use of working time d) be familiar with the tasks that have to be executed e) to acquire professional knowledge of duties attend training courses or courses organized for this purpose f) to comply with security measures and occupational health in school work safety regulations and fire prevention or any other situation that could endanger the life and physical integrity personal health or that of other persons buildings etc g) to comply with access rules in the institution to take steps to remove any person if their presence could cause a safety hazard or hinder the normal operation of the institution h) in cases of force majeure are obliged to know participate and ensure the civilian protection measures i) to be present for work in proper condition to fulfill their duties in good conditions j) notify the chief supervisor as soon as they became aware of irregularities misconduct hardship or deprivation k) to know and comply with the internal regulations in the applicable collective labor contract and the individual labor contract l) employees are required to effectively use working time and facilities to solve duties pertaining to their position m) to maintain cleanliness in the workplace and in all places of common use n) to secure official documents at the end of working hours After working hours it is forbidden to leave appliances plugged in except computer and tactical equipment (fax servers communications etc) and lighting installations a) not to leave unattended during working hours machinery and equipment in operation p) be faithful to the university of their duties q) to observe secrecy r) hold patrimonial liability under the rules and contractual liability for material damages bore to the University of their own guilt or as a consequence of their work s) comply with the principles of impartiality and non-discrimination

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 21: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

21

f) establish the organizational structure of institutions and organizational structures fields Art 99 The Institution Management of the have the following obligations a) ensure rational use of labor force maintaining the number of employees to carry out their duties strictly required b) aims to raise the professional qualification of employees their promotion in relation to the preparation of the results obtained from annual evaluations and requirements and or needs for the proper functioning of the institution c) examines critical comments suggestions and proposals for action made by employees of the institution d) organizes working time in specific reports as required in order to ensure the functionality and compliance with legal duration of working time and rest e) ensures compliance with legal regulations on working time and rest as well as any other legal rights for employees f) pays all contributions and taxes in their jurisdiction and retains and pays contributions and taxes payable by employees according to the law g) informs employees of the work conditions and on issues related to employment relationships h) provides permanent technical and organizational conditions considered in developing appropriate labor standards and working conditions i) all rights granted to employees under the law the applicable collective agreement and individual employment contracts j) shall regularly convey to employees the economic and financial situation of the unit k) shall consult with the union or where appropriate with representatives of employees on decisions likely to substantially affect their rights and interests l) establishes the general register of employees as required by law and operates entries provided by law m) shall upon request issue all documents evidencing the status of employee for the applicant n) ensures confidentiality of personal data of employees a) prevents and sanctions by law any form of discrimination p) assesses the disciplinary offenses and imposes sanctions under the law in force the collective labor agreement and the internal regulation

2 Rights and obligations of employees

Art 100 University employees have under the Labour Code the following rights a) the right to remuneration for their work b) the right to meal breaks daily and weekly rest c) The right to public holidays and annual leave d) the right to dignity at work e) The right to equal opportunities and treatment f) the right to safety and health at work g) the right of access to training h) the right to information and consultation

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

22

i) the right to take part in the determination and improvement of working conditions and working environment j) the right to protection in cases of dismissal k) The right to bargain collectively and individually l) the right to participate in legal collective activities m) the right to form or join a union

Art 101 University employees must comply with all their obligations under the law the applicable collective labor agreement and the rules of conduct the individual labor contracts including the job description and internal rules Mainly University employees have the following obligations a) comply strictly with their functions in the job description and the tasks assigned hierarchically with accountability competence efficiency fairness and conscientiousness b) to comply with the order and discipline at the workplace c) to comply with schedule and make effective use of working time d) be familiar with the tasks that have to be executed e) to acquire professional knowledge of duties attend training courses or courses organized for this purpose f) to comply with security measures and occupational health in school work safety regulations and fire prevention or any other situation that could endanger the life and physical integrity personal health or that of other persons buildings etc g) to comply with access rules in the institution to take steps to remove any person if their presence could cause a safety hazard or hinder the normal operation of the institution h) in cases of force majeure are obliged to know participate and ensure the civilian protection measures i) to be present for work in proper condition to fulfill their duties in good conditions j) notify the chief supervisor as soon as they became aware of irregularities misconduct hardship or deprivation k) to know and comply with the internal regulations in the applicable collective labor contract and the individual labor contract l) employees are required to effectively use working time and facilities to solve duties pertaining to their position m) to maintain cleanliness in the workplace and in all places of common use n) to secure official documents at the end of working hours After working hours it is forbidden to leave appliances plugged in except computer and tactical equipment (fax servers communications etc) and lighting installations a) not to leave unattended during working hours machinery and equipment in operation p) be faithful to the university of their duties q) to observe secrecy r) hold patrimonial liability under the rules and contractual liability for material damages bore to the University of their own guilt or as a consequence of their work s) comply with the principles of impartiality and non-discrimination

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

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30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 22: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

22

i) the right to take part in the determination and improvement of working conditions and working environment j) the right to protection in cases of dismissal k) The right to bargain collectively and individually l) the right to participate in legal collective activities m) the right to form or join a union

Art 101 University employees must comply with all their obligations under the law the applicable collective labor agreement and the rules of conduct the individual labor contracts including the job description and internal rules Mainly University employees have the following obligations a) comply strictly with their functions in the job description and the tasks assigned hierarchically with accountability competence efficiency fairness and conscientiousness b) to comply with the order and discipline at the workplace c) to comply with schedule and make effective use of working time d) be familiar with the tasks that have to be executed e) to acquire professional knowledge of duties attend training courses or courses organized for this purpose f) to comply with security measures and occupational health in school work safety regulations and fire prevention or any other situation that could endanger the life and physical integrity personal health or that of other persons buildings etc g) to comply with access rules in the institution to take steps to remove any person if their presence could cause a safety hazard or hinder the normal operation of the institution h) in cases of force majeure are obliged to know participate and ensure the civilian protection measures i) to be present for work in proper condition to fulfill their duties in good conditions j) notify the chief supervisor as soon as they became aware of irregularities misconduct hardship or deprivation k) to know and comply with the internal regulations in the applicable collective labor contract and the individual labor contract l) employees are required to effectively use working time and facilities to solve duties pertaining to their position m) to maintain cleanliness in the workplace and in all places of common use n) to secure official documents at the end of working hours After working hours it is forbidden to leave appliances plugged in except computer and tactical equipment (fax servers communications etc) and lighting installations a) not to leave unattended during working hours machinery and equipment in operation p) be faithful to the university of their duties q) to observe secrecy r) hold patrimonial liability under the rules and contractual liability for material damages bore to the University of their own guilt or as a consequence of their work s) comply with the principles of impartiality and non-discrimination

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 23: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

23

t) employees are required as part of employment relationships not to bear prejudice to the honor reputation and dignity of persons with whom they come into contact the nature of employment relationships employees or outside the university Art 102 Similarly the employees have the following prohibitions 1 Not to perform during working hours activities not related to their specific work tasks 2 To leave the workplace without the approval of their hierarchical superior 3 unjustifiably stop working 4 to falsify documents on various records 5 to remove or store inside the university illegal material goods 6 claim receive from other employees students or strangers advantages for exercising duties 7 make foul use of the name of the university faculty department service for purposes which can lead to damage to the institution 8 to commit actions that may jeopardize the university buildings employees or other persons equipment etc 9 incite to commit any act that disturbs the smooth conduct of university activity 10 make personal use of the goods or university capabilities 11 to simulate disease and or disregard medical treatment during incapacity 12 to dispose of any goods which are the property of the institution and which have

been given for use or storage

13 to take out of the university goods which are the property of the institution except for

those approved by the university management

14 to leave the workplace or to fail to attend equipment systems with high operational

risk

15 to enter or exit the premises through places other than those established by the

university

16 to bring into the university materials or products that may cause fires or explosions

except for those used in the current work

17 to destruct and or damage to materials or devices to achieve job specific duties

18 to make use of their capacity as employee to obtain personal benefits

19 to introduce in the university goods in order to market them

20 to exit the university premises during working hours on grounds unaccounted for

21 consumption of and bringing in the University alcohol drugs illegal substances and

drugs or other prohibited substances or products during working hours

22 to participate in or to cause acts of violence

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

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38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 24: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

24

23 to be late for the work schedule

24 to be absent without leave

25 to use physical violence or language

Art 103 Failure to fulfill the obligations and prohibitions referred to in Articles 101

and 102 constitute misconduct and shall be subject to disciplinary material civil or

criminal sanctions as appropriate

Article 104 (1) The rights and obligations of staff and auxiliary staff are

completed with no 12011 Law - the Education Law with subsequent amendments and

completions

(2) The CMU staff benefit from public holidays (days off) as follows

a January 1st and 2nd

b The first and second day of Easter

c May 1st

d the first and second day of Pentecost

e Assumption

f October 5th - International Day of Education

g December 1st

h the first and second day of Christmas

i 2 days for each of the three annual feasts declared as such by the religious cults

other than Christian for persons belonging to them

(3) The provisions of previous paragraph do not apply to positions in which work cannot

be interrupted because of its specificity

(4) Employees who work in work places provided by par (2) shall be provided

compensation in terms of days off in the next 60 days

(5) In case that no days off are granted for reasonable grounds employees benefit for

work during public holidays from an increase of 100 of basic salary for the work

performed during normal working

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 25: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

25

(6) In addition to the annual leave CMU employees are entitled to paid vacation days

for the following family events

a) marriage of the employee ndash 5 days

b) birth of a childndash 5 days+10 days if the employee has attended a child care course

c) marriage of a child - 3 days

d) death of an employeersquos spouse child parent parent-in-law ndash 3 days

e) change of the work place along with changing the place of residencendash 5 days

f) death of an employeersquos grandparent or sibling - 1 day

Art 105 Meal vouchers are granted to all categories of personnel of the institution

employed on the grounds of a personal open-ended employment contract subject to

minimum criteria that entitle them to the award namely

1) - Calculation of vouchers distributed to each employee is based on days actually

worked calculated based on the monthly time sheets

2) - meal vouchers are granted only to employees employed under an open-ended

employment contract starting the following month of employment

3) - If the employment commenced on the 1st of the current month meal vouchers are

given for that month also

4) - For employees absent without leave no meal vouchers are granted in the

respective month

5) - Employees sanctioned or penalized for cases of indiscipline or other reasons

cannot receive meal vouchers during the respective month or period

Depending on the criteria listed above taken in their totality and on the

concrete financial and economic conditions in which the institution is at a particular time

the CMU Senate along with trade union organization shall determine the percentage of

granting vouchers or if applicable shall discontinue the process

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 26: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

26

CHAPTER VI

The procedure for processing personal requests or complaints of

employees

Art 106 Employees may subject the university on their own behalf personal

requests or complaints regarding violations of their rights provided for in the

employment contract or collective agreement

Art 107 In order to solve personal requests or complaints of employees

thoroughly and lawfully the university shall appoint of a committee by a resolution of the

CMU Rector to investigate and analyze in detail all the aspects mentioned

Art 108 (1) Within 30 days of filing and recording the petition or complaint the

university shall respond in writing to the petitioner on the basis of the committee report

(2) The legal basis of the solution adopted shall be mandatorily indicated in the

response

(3) Anonymous complaints or those which fail to provide the employeersquos identification

data shall be disregarded

CHAPTER VII

Work discipline disciplinary procedure and liability

Art 109 Committing the following acts represents misconduct

a) absence without leave

b) being late for work

c) failure to fulfill andor inappropriate fulfillment of duties

d) personal activities carried out during working hours other than those provided by the

job description

e) soliciting or receiving gifts in order to fulfill or fail to fulfill certain duties to facilitate the

provision of information or services that may harm the institutionrsquos activity

f) correspondence with other institutions on their own behalf

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 27: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

27

g) making personal calls except for emergencies

h) the dissemination of confidential information

i) breach of the rules of hygiene and safety at work

j) the introduction distribution facilitating the introduction or distribution of alcoholic

drinks in the institution for the purpose of being consumed at the work place

k) entering or where applicable remaining in the institution under the influence of

alcohol

l) performing activities other than those that are job-related

m) hindering in any way other employees in performing their normal duties during

working hours

n) provisions of Art 102

Art 110 Theft beatings refusal to be subject to the control on consumption of

alcohol or drugs that can cause behavioral disorders are particularly serious

misconduct

Art 111 (1) Any manifestation of sexual harassment is prohibited Any gestures

events insinuating comments or proposals with sexual innuendo are considered sexual

harassment They can create a state of stress in the departments and may lead to

degradation of the working atmosphere decreased productivity and employee morale

(2) For purposes of the foregoing no employee is permitted to impose constraints or

pressure of any kind in order to obtain sexual favors

Art 112 (1) The employer has the disciplinary prerogative with the right to apply the

law disciplinary sanctions whenever the employees have committed a disciplinary

offense

(2) misconduct is a work-related offense guiltily committed by the employee by acting or

failing to act and in this way violating the law the institutional regulation the personal

employment contract or applicable collective agreement or legal orders from the

superiors

(1) according to the seriousness of the breach committed disciplinary sanctions that

apply are

a) a written warning

b) demotion with the wage corresponding to the position in which demotion for a period

not exceeding 60 days

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 28: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

28

c) reducing the basic salary for a period of 1-3 months by 5-10

d) reduction in the basic salary and or where appropriate and management allowance

for a period of 1-3 months by 5-10

e) disciplinary termination of the personal employment contract

(2) If by special law approved by professional status a new sanction regime is set this

will be applied

(3) Disciplinary law is lawfully excluded within 12 months of the application if the

employee is not bound for another disciplinary action within that period Cancellation of

disciplinary sanctions shall be determined by decision of the employer issued in writing

Art 113 (1) The teaching staff contract staff and the management the guidance

and control staff are liable to disciplinary action for infringement of their duties according

to the individual employment contract and for breach of conduct detrimental to the

interest of education and prestige of the institution under the law

Art 114 (1) Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - Penalties related to violations of

academic ethics and good conduct that may apply to teachers and support staff by the

university ethics committee are

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - a) written warning

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - b) Basic salary reduction along

with the compensation for management guidance and control when appropriate

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - c) suspension for a period of time

of the right to enter any competition for higher teaching position or a managerial

guidance and control position as a member of committees of doctoral or masters

degree Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - d) dismissal from the

management position in education

Documents and SettingsAdminsintact

30cacheLegislatietemp33040600137318HTML - e) disciplinary termination of

employment contracts

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 29: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

29

The conditions for applying sanctions the competence in determining the penalty

imposed and the consequences of their application are provided by Law no 12011 -

National Education Law art 318-323

(2) The CMU management may order a dismissal for reasons related to the

employee directly without any warnings under the following circumstances which are

considered particularly serious

- a total of three consecutive unexcused absences

- Presence at work under the influence of alcohol consumption of alcoholic

drinks inside the university of drugs substances and illegal drugs or other

substances or prohibited products during working hours

- Acts of serious indiscipline related to unjustified failure to fulfill the duties

assigned by the direct superior

- Theft of material from within the institution or subunits

- Poor performance of the service endangered by serious damage theft of

fixed and or inventory items of the University

(3) only one sanction may apply to the same disciplinary

Art 115 - Notification of committing the offense may be made by

a) the head of the work of the person who committed the offense

b) an inspection body or outside the unit

c) their own initiative even when the person entitled to impose the penalty (usually the

institution management) finds out directly that a disciplinary offense has been

committed

d) any other person with knowledge about an irregularity who notifies the management

Art116 The heads of the university administration will notify the management of

the institution ndash the Senate Board - about any misconduct of their subordinates in

writing whereas the report shall be recorded at the Registry of the university

Art 117 The management of the university thus notified shall order a

disciplinary inquiry

Art 118 The employer shall establish the disciplinary penalties imposed in

relation to the seriousness of the breach committed by the employee taking into

account

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 30: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

30

a) the circumstances under which the offense was committed

b) the degree of fault of the employee

c) the consequences of misbehavior

d) the general conduct of the employee

e) any disciplinary action previously incurred by the employee

Art 119 Under penalty of absolute nullity no action except written warning may

be imposed before performing a prior disciplinary investigation by the disciplinary

committee appointed by the CMU Rectorrsquos decision or by the person authorized to

carry out the inquiry

Art 120 During preliminary disciplinary investigation the employee is entitled to

formulate and support all the defense in his favor and give the person authorized to

conduct the investigation all the evidence and reasons they deem necessary and the

right to be assisted at their request by a representative of the union whose member the

employee is

Art 121 In the absence of preliminary investigation and verification of the

employee defense the disciplinary sanction of termination of employment contract is

subject to nullity

Art 122 For the purpose of the preliminary disciplinary investigation the

employee shall be summoned in writing by the person authorized by the employer to

carry out the investigation indicating the subject date time and place of meeting

Art 123 Failure of the employee to come to the meeting notified as previously

stated without an objective reason gives the employer the right to impose a sanction

without the preliminary disciplinary investigation

Art 124 The conduct of disciplinary research and its results shall be recorded in

the relative minutes

Art 125 Thus the institution can prove they have fulfilled their obligation to listen

to the employeersquos point of view to their defense and may continue and finalize the

disciplinary investigation

Art 126 (1) The University shall have the sanction issued on grounds of a

decision in writing within 30 calendar days from the date of notifying the commission of

the breach but not later than six months from the date of the offense

(2) Under penalty of nullity the decision shall mandatorily include

a) description of the act that constitutes a disciplinary offense

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 31: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

31

b) the provisions of the Labour Code the memorandum of association of the personnel

the internal regulation or applicable collective agreement that were violated by the

employee

c) the reasons why defense have been withdrawn by the employee during the prior

disciplinary investigation or why the investigation was not carried out

d) legal grounds under which disciplinary sanctions are applied

e) when the penalty can be appealed

f) competent authority where the sanction can be appealed

(3) The decision shall be communicated to the employee within 5 calendar days

from the date of issue and shall take effect from the date of communication

(4) The notification shall be handed to the employee personally against

signature of receipt or in case of refusal of receipt by registered mail at their

residence

(5) The decision may be appealed by the employee before competent courts

within 30 calendar days of notification

CHAPTER VIII

Patrimonial liability

ART 127 (1) The employees bear patrimonial liability under the rules and

principles of contractual liability for material damages to the employer caused by their

fault in connection with their work

(2) Employees are not responsible for damage caused by force majeure or other

unforeseen causes which could not be removed and damage falling within the normal

risk of service

(3) If the employer finds that the employees caused damage in connection with their

work the employer may request by a note and damage assessment recovery thereof

by mutual agreement within a period which shall not be less than 30 days from the date

of communication

(4) The cost of damage recovered by the parties in accordance with par (3) cannot be

greater than the equivalent of five minimum salaries in the economy

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 32: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

32

ART 128 When the damage was caused by several employees the amount of

liability is determined in relation to each extent If the personal extent to the damage

cannot be determined the liability of each shall be determined in proportion to the net

salary on the date of discovery of damage and when appropriate and depending on

the actual time worked

ART 129 An employee who has received from a company an undue amount of

money is bound to refund it

If the employee has received goods or benefits which he was not entitled to and

which cannot be returned in kind or if he has been provided services to which he was

not entitled to he is liable to pay their value The value of the goods or services shall be

determined according to their value on the payment date

ART 130 The amount to cover the damage shall be retained in monthly

installments from the salaries of the respective person

Installments cannot be greater than one-third of net monthly salary without exceeding

along with other possible deductions half of that salary unless the law otherwise

provides

ART 131 If the personal employment contract is terminated before the employee

has compensated the institution and heshe is employed at a different institution

deductions from salary shall be made by the new employer on the basis of enforcement

sent for this purpose by CMU

If the person was not employed by another employer under a labor contract

covering damage will be done by tracking his property under the Code of Civil

Procedure

ART 132 If the damage cannot be covered by holding monthly salary within a

maximum of 3 years from the date of first rate deductions the institution may contact a

bailiff under the Code of Civil Procedure

CHAPTER IX

Rules regarding occupational safety and health protection

Art 133 The employer shall take the necessary measures for occupational

safety and health protection of employees including occupational risk prevention

activities information and training as well as implementation of labor protection and

means of organizing it

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 33: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

33

Art 134 The employer through the person designated to carry out activities and

safety protection ensures that each employee shall receive sufficient and appropriate

training in safety and health particularly in the form of information and work instructions

site-specific work and his job in the following situations

1 on employment

2 upon changing the work place or upon a transfer

3 upon the introduction of new work equipment or of changes in the existing equipment

4 upon the introduction of any new technology or work procedures

5 upon the execution of special works

Art 135 The employer is obliged to implement measures for the protection and

safety based on the following general principles of prevention

a) avoiding risks

b) assessing the risks which cannot be avoided

c) preventing the risks at source

d) adapting the work to the individual especially as regards the design of work stations

choosing work equipment work methods and production to reduce the monotony of

work work with predetermined rate and to reduce their effect on health

e) adapting to technical progress

f) replacing the dangerous by the non-dangerous or less dangerous activities

g) developing a coherent overall prevention policy that includes technology

organization of work working conditions social relationships and the influence of

factors in the work environment

h) adopt as a priority to collective protective measures over individual protection

measures

i) giving appropriate instructions to workers

Art 136 (1) The university shall be notified immediately about all accidents occurring on

the job especially those with serious consequences The same goes for accidents on the route

between home and work and vice versa as well as during journeys in the interest of the

institution

(2) The accident that caused disability a fatal accident or a collective accident will be

communicated immediately to the university management labor inspection or if applicable the

territorial labor inspectorate and prosecution bodies competent under the law

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 34: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

34

Art 137 The instructions provided in this Regulation require each employee to perform

the work so as not to expose to danger of injury or occupational disease both themselves and

other persons participating in the work

Art 138 Conditions on the use of technical equipment personal protective equipment

and work and sanitary materials

a) Every employee is required to use the correct technical equipment supplied it is prohibited to

use it for personal use

b) computing machinery office equipment vehicles machines in general all materials assigned

employees to fulfill their duties are considered technical equipment

c) the technical equipment must comply with the rules standards and other regulations on labor

protection and not endanger the health or life of employees of people in the university for

business and other people who provide labor protection

d) it is prohibited to intervene on personal initiative on the technical equipment defect if

the maintenance is entrusted to a specialist the employee is obliged to seek his

services

e) all employees are obliged to immediately inform the employer and or workers

assigned about any work situation they have reasonable grounds for considering a

health and safety hazard and any deficiency protection systems

f) all employees are required to cooperate with the employer and or designated

workers as long as is necessary to enable any action or requirement imposed by labor

inspectors and health inspectors health and safety protection of workers

g) all employees are required to acquire and comply with legislation and health and

safety measures for their implementation

h) all employees are required to provide all the information required by labor

inspectors and sanitary inspectors

Art 139 No smoking in enclosed public places ie in all the spaces in CMU

education healthcare cultural and sports spaces all their transportation means

storage laboratories lecture and seminar rooms meeting rooms hallways corridors

toilets offices

Art 140 Smoking is allowed only in specially designated smoking areas under

the following conditions

a) to be constructed to serve only for smoking and to prevent polluted air from entering

the enclosed public places

b) to be ventilated equipped with ashtrays and fire extinguishers and to be equipped in

accordance with the legal provisions on the prevention and firefighting

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 35: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

35

c) to be marked in a visible place with one of the following signs that would indicate

Smoking Area Smoking smoking room room where smoking is permitted so

that any person may be advised that smoking is permitted only in that space

Art 141 Special places for smoking organized outside the university are

a ndash at the secondary way of access to CMU in Hostel A2 from Smacircrdan street

b - at the secondary way of access to CMU from the County Library ldquoIN Romanrdquo

Art 142 The legal provisions regulating or prohibiting smoking in the CMU its

binding both for its employees and for persons occasionally on its territory

Art 143 Failure to comply with the smoking and non-smoking rooms and special

places is regarded as misconduct and is fined according to the law

Art 144 (1) cigarettes matches or lighters and smoking are prohibited in places

with a danger of fire

(2) Violation of this provision constitutes misconduct

Art 145 Randomly throwing scrap or lit cigarettes is prohibited Violation of this

provision constitutes misconduct

Art 146 (1) In case of fire the evacuation of the personnel will follow the plan

established for this purpose by the administrative department along with representatives

of institutions

(2) In case of emergency or necessity especially if there are cabinets holding

flammable or dangerous products and in case of force majeure the management

department after informing the employees concerned may order the opening of the

cabinets in the presence of those interested In case of the employeersquos absence or

refusal to participate in the action this will be done in the presence of a third employee

Art 147 According to Governmentrsquos Emergency Resolution No 962003 on

maternity protection at work CMU shall assume the following obligations

a) To prevent exposure of pregnant female employees and or mothers who have

recently given birth or are breastfeeding to risks that can affect their health and safety

and not compel them to carry out work of their state of health or pregnancy or newborn

child as appropriate

b) If a pregnant employment and or mother a breastfeeding mother works in a job

that presents risk to pregnancy or breastfeeding the employer is obliged to change

working conditions or working hours or to provide another job without risk at the written

request of the employee

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 36: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

36

c) to notify female employees in writing on the assessment of the risks to which they

may be subject in their jobs

d) To grant other rights due to pregnant female employees and or mothers or

breastfeeding mothers according to the legislation in voice

Art 148 Provisions relating to rules of safety and health at work in Constanta

Maritime University are completed with the Collective employment agreement at the

university level as well as legislation in the field

CHAPTER X

Methods of application of specific contractual and other legal provisions

Art 149 For ensuring all the legal provisions on labor relations in the institution

the following principles apply

a) Permanent information of the management about occurrences or changes in the

legal framework of labor relations

b) Immediate information of the employees along with endorsement of the notification

related to new regulations on labor relations and especially targeted sanctions

c) Immediate law enforcement involving changes in the system of labor relations at the

university

d) acquisition and application of all legal norms related to the specific activity of the

university

CHAPTER XI

The circuit of documents and acts in the institution

Art 150 Papers documents and works of the institution may be called resolutions

regulations decisions internal memos service notes addresses notifications etc

Art 151 The resolutions (decisions) are developed by the CMU management personnel

or other persons designated by it with attributes specific to the field of activity and will bear the

approval of the legal advisor after which they will be submitted for approval and signature of the

president through the Secretariat of the institution

The Department of Human Resources will record the resolutions in the Special Register and will

file one copy of each

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 37: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

37

Art 152 (1) Service notes and memos from the president general manager or other

administrative superiors and those issued between the services of the institution shall be

communicated to the interested parties through the Secretariat

(2) The transmission of any document addressed to other institutions (County Statistics NAFA

the County Health Insurance CEA ITM outlets ESPP etc) Or higher authorities will be

performed through the Secretariat of the institution or the manager of compartments on paper or

by electronic signature and or email by people who have permission to do so

Art 153 (1) Documents and works - other than resolutions pertaining to claims - sent

from the institution shall be submitted for approval and signature by the rector the service

chiefs respectively of the department heads and or deans

(2) The documents that produce legal effects will be approved by the legal advisor of the

institution

(3) The document or letter shall be drawn up in as many original copies as there are recipients

plus a copy which will be kept at the issuing officedepartment bearing the date and initials of

the person who drafted it

Art 154 (1) All documents of external origin received by the Secretariat are submitted to

the president of the university for resolution and delegated to other departments for solution

The rule applies regardless of the recipient of the act

(2) The documents are distributed by the Secretariat

Art 155 After processing the application or the document by the office department

delegated for this purpose it shall be submitted by the Secretariat for approval and signature

Art 156 The circuit of documents and accounting documents in the institution shall be in

accordance with the Order of the Ministry of Finance no 35122008

CHAPTER XII

Final Provisions

Art 157 The faculty management heads of departments heads of offices

departments divisions and teams are required to notify all subordinate employees of

the provisions hereof within 60 calendar days of the date of registration with the Labour

Territorial Inspectorate -Constanta

Art 158 (1) The employees must prove knowledge of the provisions herein by

signing the reports drawn up during training

(2) The report shall be submitted to the Human Resources Office of CMU

Art 159 Employees who are absent on the day of notification of the internal

regulation shall be advised of it on the first day of the resumption of work by their

supervisor and the report will follow the same procedures outlined above

Art 160 For new employees processing internal regulations will be performed

on the first day of work at the university by the head of the work place following the

procedure above

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate

Page 38: INTERNAL REGULATION · 2015-05-22 · E-mail: info@imc.ro Web: 2 CHAPTER I General Provisions Art.1. This internal regulation lays down provisions relating to labor discipline and

MINISTRY OF EDUCATION RESEARCH YOUTH AND SPORTS CONSTANŢA MARITIME UNIVERSITY

900663 CONSTANŢA 104 Mircea cel Bătracircn Street ROMANIA Fax +40-241-617260 Tel +40-241-664740

E-mail infoimcro Web wwwcmu-edueu

38

Art 161 The regulation can be modified according to the procedure whenever

the needs of the organization and work discipline of UMC require

Art 162 Any new regulation amendment and or change occurred beside the

existing legislation occurred upon the approval of the collective employment agreement

and of the internal regulation will automatically apply on the date specified therein

whereas the collective employment agreement and the internal regulation shall be

updated at the next meeting of the Joint Committee

Art 163 The internal regulation is posted at the location of the institution and on

the official web page of CMU wwwcmu-edueu

Art 164 Upon entry into force of this internal regulation the old regulation of

CMU shall cease to apply

Rector

Confunivdring Ciucur Violeta Vali

Approved by CMU Senate