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Law No. 24 From 5 November 1976 Relating To The Recruitment And Allocation Of Labor Force

Original Language Title:  LEGE nr. 24 din 5 noiembrie 1976 privind recrutarea şi repartizarea forţei de muncă

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LEGE no. 24 24 of 5 November 1976 on the recruitment and distribution of the workforce
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 98 98 of 11 November 1976



In the Socialist Republic of Romania the right to work is guaranteed by the Constitution, without any discrimination. Every citizen has, according to the Labor Code, the right and duty to carry out a useful activity to society, which will provide him with the means of existence and spiritual development. The state creates for all citizens the opportunity to work in the field of material, technical-scientific, social-cultural production and supports their classification in production, according to their preferences, skills and training. Taking into account the rapid development of the production forces it is necessary to ensure in an organized manner the recruitment, qualification and distribution of the workforce for all sectors of activity, in relation to the needs of each county and the economy national as a whole. At the same time, it is necessary to create conditions to meet the citizens ' desire to receive the support of state bodies for their qualification and employment. In order to create the appropriate legal framework for the recruitment and distribution of labour, The Grand National Assembly of the Socialist Republic of Romania adopts this law + Chapter 1 General provisions + Article 1 In the Socialist Republic of Romania, the insurance of the labor force necessary for the socialist units is made in accordance with the provisions of the single national economic and social development + Article 2 In order to develop the draft annual plan of perspective on insurance, training and improvement of the workforce, the State Planning Committee, the Ministry of Labour and the Ministry of Education and Education, together with the ministries, the other central bodies and executive committees of the county folk councils and the city of Bucharest are obliged to establish: a) balance of labour on the whole of the national economy and by county; b) the labour resources, the structure and the degree of their employment; c) evolution in the perspective of the workforce in relation to the requirements of economic and social development; d) correlation between the requirements of economic development and the judicious occupation of labour resources by county and branches of the economy; e) the forms and conditions of organization of the training and improvement of the workforce. + Article 3 (1) The ministries, the other central bodies and the executive committees of the county and county councils are obliged to take measures to ensure that the socialist units are subordinated to the necessary labour force through schools. professional, apprenticeship at work, high schools and schools of post-secondary specialization, as well as by framing unoccupied labor. (2) If the necessary labor force does not ensure from the graduates the forms of education provided in par. (1), socialist units will be able to organize qualification courses at work. + Chapter 2 Recruitment and distribution of labour + Article 4 The labor force necessary for socialist units in order to qualify, retrain or execute unqualified works shall be ensured according to the recruitment plan, part of the plan of insurance, training and improvement of the workforce. + Article 5 (1) The recruitment of the labour force shall be carried out by the Socialist units on the basis of the authorizations issued by the Directorate for labour and social protection matters. (2) Recruitment is made from the locality or county where the socialist unit operates. In exceptional cases, when the workforce cannot be provided from that county, recruitment can be done from other counties. (3) The recruitment of persons who are members of agricultural production cooperatives is done only with the approval of the general assembly or the governing council, according to the law. (4) The Directorate for labour and social protection issues is obliged to establish the localities that have unoccupied labour resources and to support the socialist units in the recruitment activity of the workforce. + Article 6 (1) The employment is made, at the request of the interested persons, directly by the socialist units, under the terms of the Labor Code. (2) Persons who do not fall into work under the conditions of par. (1) will be supported by the directions for work and social protection issues or their offices, in order to allocate them to work, taking into account the requirements of labor, the training, skills and preferences of those concerned. (3) The distribution system issued by the department for labor and social protection issues and its offices is mandatory for the socialist unit that will ensure the employment of the person assigned, under the law. (4) The person assigned to work shall be required to present himself within 15 days at the time of the socialist establishment. + Article 7 (1) The Directorate for labour and social protection matters and its offices shall organize, according to the law, with the support of local state bodies, the record of unoccupied jobs and persons who are not employed and do not follow a form of education or professional qualification. (2) For this purpose, able-bodied persons who have reached the age of 16 and do not follow a form of education or professional qualification, or are not employed, are obliged to register to the directions for labor problems and social protection or their offices, in whose territorial area they have their domicile and to ask for their assignment to work. (3) For young people between 16-18 years, the obligation provided in par. (2) also returns to parents or legal representatives. (4) Do not have the obligation provided in par. (2) the peasants who work in the individual household, craftsmen with their own workshops and free professionals who carry out activities authorized by law. They also do not have this obligation women who care for their children or carry out a domestic activity, in their own household. (5) In carrying out their duties from this article, their directions will be supported by the militia bodies which, according to the law, keep records of the population. + Article 8 (1) The obligation provided for in art. 7 7 para. ((2) and (3) must be fulfilled within 30 days from the date of the iviation of the situation determining the need for employment. (2) For graduates of high schools who present themselves at the admission competition in higher education, the term provided in par. (1) flows from the date of conclusion of the last competition session, organized in the year in which they graduated high school. (3) For the graduates of the first stage of the high school education, the 30-day period shall run from the date of conclusion of the last session of the second stage admission contest of the high school education or in a vocational school, organized in the year in which graduated the first stage of high school. + Article 9 (1) The Directorate for labour and social protection matters and its offices have the obligation to follow the way in which the socialist units ensure the employment of persons assigned. (2) The socialist units are obliged to communicate to the directorates for labor problems and social protection and their offices, the changes in labor needs, in order to distribute the persons highlighted. (3) Also, the socialist units are obliged to immediately display the vacancies. + Article 10 In order to frame the persons to be released from the holding places or the re-education centers, the bodies of the Ministry of Interior are obliged to communicate, before their release, to the directions for labor problems and protection social within the radius of which the persons concerned reside, the data on their personal situation and their professional qualification. + Chapter 3 Assignment and employment of graduates of high school, vocational and technical education + Article 11 (1) The distribution and employment of graduates of day courses of high schools, vocational schools, apprenticeships at work and post-secondary specialization schools are made by the socialist units with which they have concluded contracts. Tuition. (2) The distribution and employment of graduates provided in par. (1), which have not concluded tuition contracts shall be made, according to the qualification obtained, by the central and local bodies under which the respective school units operate, within 30 days from the date of graduation. + Article 12 (1) The educational units are obliged to support the graduates of the first stage of high school education, who do not continue their studies in a higher form of education, in order to fit into work or to obtain a professional qualification. (2) For this purpose, the educational units will collaborate with the directions for labor problems and social protection and their offices, as well as with the heads of the socialist units in the respective localities. + Article 13 The distribution in production of graduates of higher education institutions, from the day education is done according to the law. + Chapter 4 Sanctions + Article 14 It constitutes contravention, if the facts are not enjoyed in such conditions that, according to the law, are considered crimes, and are sanctioned with a fine of 300 to 3,000 lei, violation of the provisions provided in art. 5 5 para. ((1) and art. 9 9 para. (2) and (3) by those who have such duties, within the socialist units. + Article 15 It constitutes a contravention and is sanctioned with a fine of 200 to 2,000 lei, the failure of individuals to fulfill their obligations according to the provisions provided in art. 7 7 para. ((2), (3) and art. 8 8 para. ((1). + Article 16 Finding the contraventions provided in art. 14 and 15, the application of sanctions, as well as the exercise of remedies are made under the conditions provided by the legal norms on the establishment and sanctioning of contraventions in the field of social work and protection. + Article 17 The contraventions provided in this law are also applicable to the provisions of Law no. 32/1968 on establishing and sanctioning contraventions. + Chapter 5 Final and transitional provisions + Article 18 Graduates of high schools who do not continue their studies in a higher form of education, or did not fall into work, according to art. 6 6 and art. 11, will be assigned by the directions for labor and social protection issues or their offices, in production, in order to obtain a professional qualification or administrative positions for the occupation of which the law provides for studies High school. + Article 19 The employment under the conditions of this law is made by the socialist units within the limit of the number and structure of approved personnel. + Article 20 The Ministry of Labor and the directions for labor and social protection issues ensure the guidance of socialist units and the control of the application of the provisions of this law, according to their duties + Article 21 On the date of entry into force of this Law, the Decision of the Council of Ministers no. 4457/1953 on the recruitment and organised distribution of skilled workers and technical-administrative staff; Decision of the Council of Ministers no. 371/1955 on the recruitment and organised distribution of unskilled labour; Decision of the Council of Ministers no. 728/1956 , on the employment of seasonal agricultural workers in state agricultural households; Decision of the Council of Ministers no. 1051/1962 on the distribution of persons released from holding places to work; art. 1 of the Decision of the Council of Ministers no. 1375/1967 on certain measures to ensure the labor force necessary for the execution of agricultural works in the vegetal production sector, in the state agricultural organizations subordinated to the Higher Council of Agriculture; art. 8 lit. a), b) and c) of the Decision of the Council of Ministers no. 2494/1969 for establishing and sanctioning contraventions in the field of social work and protection; Decision of the Council of Ministers no. 947/1970 on the distribution and employment of graduates of the day education of industrial, agricultural, forestry, economic and sanitary high schools, as well as any other provisions to the contrary. ----------------