Law No. 1 Of 7 January 1991 Relating To The Social Protection Of The Unemployed And Their Professional Reintegration

Original Language Title:  LEGE nr. 1 din 7 ianuarie 1991 privind protecţia socială a şomerilor şi reintegrarea lor profesională

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Law No. 1 of 7 January 1991 (republished *) on social protection of the unemployed and their professional reintegration (updated until June 24, 1999)-PARLIAMENT ISSUING — — — — — — — — — — *) Updated until 24 June 1999 EMERGENCY ORDINANCE nr. 9 of 14 April 1997; Law No. 65 of 21 April 1997; EMERGENCY ORDINANCE No. 35 of 8 July 1997; EMERGENCY ORDINANCE No. 47 of 2 September 1997; Law No. 126 of 22 June 1998; EMERGENCY ORDINANCE No. 98 of 24 June 1999;
*) Republished under art. III of law No. 57/1994, published in the Official Gazette of Romania, part I, no. 184 of 20 July 1994, Rosca texts a new numbering.
Law No. 1/1991 was published in the Official Gazette of Romania, part I, no. 1 of 8 January 1991 and has been republished in the Official Gazette of Romania, part I, no. 266 of 30 December 1991, and in the Official Gazette of Romania, part I, no. 199 of 14 august 1992.


Chapter 1 General provisions Article 1 Persons fit for work, which cannot be classified owing to the lack of available places corresponding to their preparation, are considered to be unemployed and, under the present law, unemployment aid and other forms of social protection, and in order to support their reintegration through vocational qualification, re-qualification and retraining.


Article 2 (1) Are entitled to receive unemployment aid under the present law: a) persons whose contract of employment has been loosened from the initiative of the unit for the reasons referred to in article 1. 130 paragraph 1. (1) (a). a)-f) of the labour code or, where appropriate, it has ceased membership in cooperatia handicraft for reasons not attributable to them;
  

b) persons whose contract of employment has been loosened from the unit, if it has been established by the competent organ or the judgment nelegalitatea the measure taken by the unit times the lack of guilt of the person, and the reintegration in the work is no longer possible to drive into goal which was framed or unit that took over the assets of the latter;
  

c) persons whose contract of employment has been loosened from their initiative, for reasons which, according to the law, don't interrupt the reincadrare length of service;
  

d) people who were placed with a contract of employment on fixed term.
  

(2) the persons to whom he has ceased employment or membership in the cooperatia handicraft, in the cases referred to in the preceding paragraph, subparagraph (c). ) and (d)), in receipt of unemployment benefits if they have a work experience in the work of at least 6 months during the 12 months preceding the date of registration of the application for payment of the unemployment benefit.
  

(3) education Graduates who, within one year after graduation were employed and have not fully benefited from the help of professional integration will receive unemployment benefits regardless of length of service.
  

(4) shall be treated as unemployed and unemployment aid payment to individuals authorized to perform an individual task and members of family associations that operate pursuant to Decree-Law No. 54/1990, if they have contributed to the Fund for the payment of unemployment benefit for a period of 12 months during the last two years preceding the application was filed, where they finished his giving up the authorization procedure.
  


Article 3 (1) Are to be considered unemployed and in receipt of vocational integration: a) graduates from educational institutions in at least 18 years of age, who do not have their own sources of income at the level of at least half of the minimum gross salary per country and that, within a period of 60 days from graduation, failed to fit into the work according to vocational training;
  

b) graduates of educational institutions in the age of at least 16 years old, where justified by the lack of legal or supporters demonstrated their inability to provide a legal obligation of maintenance due to minors;
  

c) keeping that before soldiering were not employed under a contract of employment, and that in a period of 30 days from the date of their lasarii the hearth there could employ.
  

(2) special schools for the handicapped Graduates that have not work, will be taking the obvious immediately after graduation and will benefit from professional integration aid payment from the date of entry in these obvious.
  


Chapter 2 Using unemployment and other forms of social protection of unemployed persons in article 4 (1) the aid scheme or, where appropriate, the assistance of professional integration consists in an amount calculated by differentially, depending on length of employment categories and seniority as follows: a) 50% of the average gross wage base had worked over the last 3 months , from which tax was deducted as provided for by the law in force at the date on which the rights in the case of recipients of unemployment benefits that have a seniority of work of up to five years, but no less than 23% of the net average earnings in the economy at the time of establishing rights;
  

55% of b) average gross wage base had in the last 3 months, from which tax was deducted as provided for by the law in force at the date on which the rights in the case of recipients of unemployment benefits that have a seniority of work between 5 and 15 years old, but not less than 25% of the net average earnings in the economy at the time of establishing rights;
  

c) 60% of the average gross wage base had in the last 3 months, from which tax was deducted as provided for by the law in force at the date on which the rights in the case of recipients of unemployment benefits that have a seniority of work for over 15 years, but no less than 26% of net average earnings in the economy at the time of establishing rights;
  

d) 40% of the average monthly net income remaining after income tax, established under the law on the past 12 months, in respect of the persons referred to in art. 2 (2). (4) that have contributed to the Fund for the payment of unemployment benefit for a period of 1-5 years;
  

e) 50% of the average monthly net income remaining after income tax, established under the law on the past 12 months, in respect of the persons referred to in art. 2 (2). (4) that have contributed to the Fund for the payment of unemployment benefit for a period exceeding five years;
  

f) 18% of net average earnings, in the case of recipients of vocational integration aid coming from among graduates of pre-university education institutions in at least 15 years of age;
  

g) 20% of the net average earnings, in the case of recipients of vocational integration, which come from among graduates of institutions of higher education.
  

(1 ^ 1) Professional integration aid can qualify only once for each form of educational programme.

(2) unemployment Aid calculated according to paragraph 1. (1) may not exceed the sum of 55% of the net average earnings in the economy at the time of establishing rights.
  

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Alin. (1) of article 1. 4 amended by art. 9 of the EMERGENCY ORDINANCE nr. 47 of 2 September 1997, published in Official Gazette No. 231 of 4 September 1997; modified by law nr. 126 of 22 June 1998 published in MONITORUL OFICIAL nr. 229 of 24 June 1998.
(1 ^ 1), art. 4 was introduced through art. 9 of the EMERGENCY ORDINANCE nr. 47 of 2 September 1997, published in Official Gazette No. 231 of 4 September 1997; modified by law nr. 126 of 22 June 1998 published in MONITORUL OFICIAL nr. 229 of 24 June 1998.
Paragraphs 1 and 2. (2) of article 9. 4 amended by art. 9 of the EMERGENCY ORDINANCE nr. 47 of 2 September 1997, published in Official Gazette No. 231 of 4 September 1997; modified by law nr. 126 of 22 June 1998 published in MONITORUL OFICIAL nr. 229 of 24 June 1998.


Article 5 in order to qualify for unemployment or occupational integration assistance, persons referred to in art. 2 and 3 must satisfy the following conditions: a) is included in labour offices within the Department of labor and social protection within the county or the Directorate-General for employment and social protection Bucharest, where they have their residence or, as the case may be, where they reside, if they had last employed in that locality;
  

b) health, proven with medical certificate, allowing them to be placed in work.
  


Article 6 (1) do not benefit from unemployment benefits or help from professional integration: (a) persons holding,) together with family members, farm land in the area of at least 20,000 m ². in the foothills and lowlands areas and at least 40,000 m ². in mountain areas;
  

b) people who have their own sources of income or income from the provision of activities permitted in the conditions provided for by law and who obtain these horses an income of at least 20% of the net average earnings in effect on the date on which the rights;
  

c) persons to whom it was given appropriate job training and level of studies, personal situation and health status, situated at a distance of not more than 50 km from home, or who have been recommended by the labour offices, in writing, to follow courses of training, retraining, professional development or, where appropriate, other forms of training and wrongly refused the offer or recommendation;
  

(d) persons who fulfil the conditions) for entry to a pension; "
  

(2) the circumstances referred to in subparagraph (a). the) and b) of paragraph 1. (1) prove with documents issued by the local Council of home financial organs, respectively, and by the affidavit of the employee.
  

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Lit. b) of paragraph 2. (1) of article 1. 6th amended by art. 9 of the EMERGENCY ORDINANCE nr. 47 of 2 September 1997, published in Official Gazette No. 231 of 4 September 1997.
Lit. d) of paragraph 2. (1) of article 1. 6th amended by art. 9 of the EMERGENCY ORDINANCE nr. 47 of 2 September 1997, published in Official Gazette No. 231 of 4 September 1997.


Article 7 (1) persons who have been placed in work are entitled to receive unemployment aid since the moment of termination of the employment contract or, if appropriate, membership in cooperatia handicraft, in the conditions laid down in article 21. 2, if you have opted-in to the labour offices within 30 days of termination or from the date of entry of the Labour Office where the application is made later this term.
  

(2) the persons referred to in art. 2(a) b) acquired the right to receive unemployment benefits from the date of final decision of reintegration, the removal of Ordinance under prosecution or enforcement of the judgment in freedom or final acquittal, if registered with the Office of labor within 30 days from the date of that or of the date of entry, when it occurred after the expiry of 30 days.
  

(3) persons who have not been assigned to work the right to acquire the help of vocational integration as follows: a) after a period of 30 days, for graduates of pre-university education and higher education, to date have addressed labor or other competent organs according to law, requiring compliance with a proper preparation of their work;
  

b) after a period of 30 days from the date on which the persons who have completed compulsory military service have addressed labour offices, requiring compliance with a proper preparation of their work.
  

(4) women who have ceased under the law to raise children as well as persons to whom he has ceased membership retired shall be entitled to receive unemployment benefits from the date of entry of the labour offices.
  

(5) the time limits of 30 days referred to in paragraph 1. (3) (a). ) and (b)) begin to run from the expiry of the deadline of 60 days, 30 days, respectively, provided for in article 10. 3 in article 8 (1) unemployment Aid or the aid of professional integration is charged at the request of the persons entitled by law.
  

(2) unemployment Aid or the aid of professional integration is payable from the date of acquisition of the right. It may not be paid retroactively for a period longer than 30 days from the date of registration of the request for payment.
  


Article 9 Claims for payment of the unemployment benefit or of the aid is targeted at professional integration of job and social protection and the Directorate General for employment and social protection Bucharest.


Article 10 the unemployment Aid and the help of professional integration is paid over a period of no more than 270 calendar days. If during this period the directions of work and welfare organizes courses of qualification, retraining, professional development or, where appropriate, other forms of training, somerii and professional integration of disabled recipients of aid are obliged to follow them.


Article 11 (1) persons who are qualifying courses, retraining, professional development or, where appropriate, other forms of training, organized according to the law, the obligation upon graduation is within the units to which they are assigned.
  

(2) Graduates who refuse, without reasonable grounds, in work, in accordance with the provisions of art. 20 paragraph 1. (1) (a). (d)) of this law, are obliged to repay tuition costs. At the time of registration to courses, people will conclude with the Directorate of labour and social security a commitment in this regard, that, in the event of the holder of obligations, shall be enforceable.
  


Article 12 (1) persons who have received unemployment aid or assistance of professional integration for maximum period of 270 days and are deprived of the means of subsistence may benefit from further up in the work, of a grant of support, but not more than 18 months after expiry of the period laid down by law for the award of unemployment benefit the aid of professional integration.
  

(2) not eligible for grant support persons who fulfil the conditions laid down in article 21. 6. (3) the circumstances referred to in paragraph 1. (2) prove through Declaration on honour of the holder.
  

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Alin. (2) of article 9. 12 was modified by art. 9 of the EMERGENCY ORDINANCE nr. 47 of 2 September 1997, published in Official Gazette No. 231 of 4 September 1997.


Article 13 (1) support Allowance is an amount equal to 60% of the unemployment aid, i.e. aid occupational integration.
  

(2) during the period as well as receiving support allowance, somerii can follow courses of training, retraining, professional development or, where appropriate, other forms of vocational training which do not exceed term of receiving support allowance.
  

(3) the vocational training of the unemployed in the period of unemployment benefit, vocational integration aid can be continued during the period of allowance support through education forms stipulated by law, the trades and specialties whose duration does not exceed the duration of the grant of the allowance.
  

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Alin. (1) of article 1. 13 was modified by art. 9 of the EMERGENCY ORDINANCE nr. 47 of 2 September 1997, published in Official Gazette No. 231 of 4 September 1997.


Article 14 (1) during the period in which a person shall be paid unemployment benefit, vocational integration help or support allowance, it enjoys children's allowance, and free medical care. Right of use of the principal residence are preserved during the whole service period in which the tenant receives unemployment benefit or allowance, except when it is located inside the unit or is directly connected with ensuring its continuity in service times, in which case it may provide only conditional discharge of assigning another dwelling.
  

(2) free medical care benefit family members are dependent on the person to whom it is paid to the aid provided for in paragraph 1. (1) and (3) the persons referred to in paragraph 1. (1) can compensate for a portion of the price of medicinal products in accordance with the regulations in force.
  


Article 15 the period for which a person is entitled to receive unemployment benefits or help from professional integration constitutes the terms and in the same work unit.


Article 16 people who have lost all or part of the capacity for work during the period for which they are entitled to receive unemployment benefits, aid for vocational integration or support allowance and follows a course of training, retraining, professional development or, where appropriate, other forms of training benefits from social security rights provided by law for persons in work including the invalidity pension.


Article 17 (1) the unemployment aid for vocational integration or support allowance is monthly, as required, on the basis of programming or whenever is required, to be present at the Labour Office.
  

(2) a person who receives unemployment benefits or help from professional integration and falls in work or start to realize income from the sources referred to in art. 6 paragraph 1. (1) (a). the times) and b) meets the conditions for entry to the hard work and pension for age limit or higher forms of training is required to notify, within 3 days, the Labour Office. The same obligation and the person who receives grant support insofar as i change the means of support. 12. (3) the obligation provided for in paragraph 1. (2) returns legal or natural person and who has conducted hiring or, where appropriate, the offices of pensions.
  


Article 18 eligibility to the unemployment benefit, vocational integration of aid or support allowance and fulfilment of the obligation laid down in article 21. 17 turn out with the book-keeping, issued and endorsed monthly Labour Office.


Article 19 (1) unemployment Aid, aid for vocational integration or support allowance shall be paid monthly by the directorates of labour and social protection, in proportion to the number of calendar days as long as the holder is entitled to receive this right on the basis of ID and license.
  

(2) unemployment Aid, aid for vocational integration and support allowance are not taxable and cannot be subject to execution for other flow rates than those that originated in unemployment aid, aid for vocational integration or support allowance granted to those who incorrectly represents obligations of maintenance, as well as for damages caused by intentional crimes committed against life bodily integrity and health.
  


Article 20 (1) payment of unemployment benefit, vocational integration aid or support allowance shall cease in the following situations: a) the completion dates laid down in article 21. 10, namely art. 12(3). (1);
  

b) the employment of the holder on or after 30 days of obtaining the authorization for the exercise of an activity on its own;
  


c) in the case of unjustified refusal to fit in an establishment with a contract of employment for an indefinite or definite duration, in an appropriate job training and level of studies somerului, personal situation and health status;
  

d) at the time of refusal unreasonably to follow a course or another form of formal training organized under art. 10 and art. 13(2). (2) and (3) or, where appropriate, at the date of interruption or neabsolvirii courses for reasons attributable to the beneficiaries.
  

(2) payment of unemployment benefit, vocational integration aid or support allowance shall be suspended: (a) in the case of non-compliance with the obligation). 17;
  

b) during completion of military obligations;
  

c) during its holder establishes his domicile abroad;
  

d) during which the holder is arrested for running a preventive or custodial sentences;
  

e) as long as the holder is employed under a contract of employment on fixed term of less than 6 months.
  

f) during the period for which the holder receives severance payments.
  

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Lit. f) of paragraph 2. 2 of art. 20 was introduced by art. 63 from EMERGENCY ORDINANCE nr. 98 of 24 June 1999, published in Official Gazette No. 303 of 26 June 1999.


Article 21 persons were reinstated in work by the competent courts and to whom they were awarded damages for the period nelucrata will receive a refund for the cost of unemployment benefits or, if appropriate, allocation of support received in the same period of time.


Chapter 3 the establishment and use of the Fund for the payment of unemployment benefit Article 22 is required for payment of the aid Fund unemployment aid, vocational integration and support allowance is constituted by the following sources: a) a share of 5% applied to fund salaries made monthly, worth, of physical and juridical persons Romanian and foreign based in Romania employing staff, as well as from income declared in insurance contracts by individuals authorized to perform an individual task and family associations that operate pursuant to Decree-Law No. 54/1990;
  

b) a contribution of 1% of the monthly salary of employment, paid employees of private persons and legal entities referred to in a);
  

c) a contribution of 1% of the gross monthly income, the value of work performed by the members of the cooperative;
  

d) a subsidy from the State budget for the completion of the Fund, in the case referred to in sources. a), b) and (c)) does not cover payments owed.
  


Article 23 (1) the Fund referred to in article. 22 shall be kept in an account of the Ministry of labour and social protection held by the National Bank of Romania is managed by it and is interest-bearing.
  

(2) the amounts consumed in a period shall be carried over into the following periods without any obligation to be paid from the State budget.
  

(3) the term For nevărsarea the amounts referred to in article 1. 22 shall apply an increase of 0.2% per day of delay but not more than the total of the amounts due. Amounts which represent increases of late are the source for the creation of the Fund for the payment of unemployment benefit, the integration allowance and professional support. (4) in the case of contributions to arts.33 due to fund for paying unemployment benefit, vocational integration of aid and in the allocation of support, as well as the delay increases, according to the law, the territorial divisions of the Ministry of labour and social security may require attachment of the respective amounts from the accounts of economic operators, by introducing provisions on collection, which is enforceable banking organs, on are required to execute them without the consent of the borrowers. In case of lack of availability of money in bank accounts, the liquidation of claims is made by applying the procedure of execution, in accordance with the law.
  


Article 24 (1) of the Fund established under art. 22 and 23 of this law shall make payments and for: the coverage of costs relating to) the Administration and management of the Fund for the payment of unemployment benefit;
  

(b) costs for coverage) qualification, retraining and improvement of the unemployed, those who benefit from the help of professional integration and support allowance;
  

(c) use of a party) up to 10% of the interest payment Fund established at unemployment, and income from the benefits achieved by the labour offices and the centres of qualification and retraining of the unemployed, for the development of material base of these offices and centers for training and retraining, for repairs to buildings and other fixed assets in equipping them and for personal expenses;
  

d) granting loans in favorable terms, with an interest of 50% of the official fee of the discount set by the National Bank of Romania to the established banking company designated by auction, for the setting up or development of small and medium-sized enterprises or cooperative units, with a maximum of 200 employees or, where appropriate, cooperation, with the aim of creating new jobs in particular for the unemployed. The Ministry of labour and social security will transfer, on a semi-annual basis on behalf of banking society authorized to grant loans, part of the Fund for the payment of unemployment benefit for a maximum amount approved by the State social insurance budget;
  

e) expenses relating to compensatory payments shall be granted to employees whose individual contracts of employment shall be disposed of as a result of collective redundancies;
  

f) costs relating to active measures to combat unemployment.
  

g) costs relating to disbursements is granted to natural or legal persons employing graduates;
  

h) expenses relating to retraining graduates employed by legal persons under the law.
  

I) expenses for supply of credit companies that are in the process of restructuring, with a view to sustaining the recovery measures and the economic recovery;
  

j) expenses relating to payments for people falling on the jobs created by companies receiving loans in order to implement recovery measures and the economic recovery.
  

(2) for a small or medium-sized enterprise or co-operative unit eligible for credits under art. 24 para. (1) (a). (d)) must satisfy the following conditions: a) to hire the jobless, in a proportion of at least 50% of the new jobs created through the use of loans. If the beneficiary of the loans according to the persons employed in the above conditions before 3 years of employment, he shall be obliged, on the seats which have become vacant, for whatever reason, subject to staff of the same category, within a maximum period of 30 days from the date on which they became vacant. In the case of non-compliance with this condition, the trader will incur a penalty equal to the size of the credit granted for each job created and unoccupied. Pour the penalties for paying unemployment benefit.
  

b) to realize the basic activity in production, services or tourism; cannot fund operators who exclusively trade activity;
  

c) have drawn up draft circumspect feasibility by a Commission composed of representatives of funding banks and representative of the Ministry of labour and social protection.
  

d) new places, envisaged to grant credits under the conditions of paragraph 1. (1) (a). d), is not the result of mass discharges of personnel over the last 12 months prior to the conclusion of the credit contract.
  

(3) the maximum Duration of the loan can be for up to 3 years, including a grace period. Where the operator request a new loan, he may be granted in case of payment in full of the previous loan.
  

(4) the Bank shall be responsible for paying the gate loans remaining outstanding. (5) the size of the Fund will establish lending intended by the law on State social insurance budget. The drafting of the law on State social insurance budget, as for establishing the Fund intended for such activities. The Government will consult employers ' and trade union organisations confederatiile.
  

(6) the conditions for granting and repayment of loans, guarantees and determining the Organization and holding of tenders for the designation of authorized banks to grant loans from the Fund for paying unemployment benefit to be determined through guidelines of the Ministry of labour and social security and the National Bank of Romania.
  

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Lit. of paragraphs 1 to 5). (1) of article 1. 24 amended by art. 9 of the EMERGENCY ORDINANCE nr. 47 of 2 September 1997, published in Official Gazette No. 231 of 4 September 1997.
Lit. d) of paragraph 2. (1) of article 1. 24 amended by art. 1 of law No. 65 of 21 April 1997, published in Official Gazette No. 74 of 24 April 1997.
Lit. e) and (f)) of para. 1 of art. 24 were introduced by art. 26 of the EMERGENCY ORDINANCE nr. 9 of 14 April 1997, published in Official Gazette No. 64 of 15 April 1997 (repealed by EMERGENCY ORDINANCE No. 98 of 24 June 1999); were modified by art. 63 from EMERGENCY ORDINANCE nr. 98 of 24 June 1999, published in Official Gazette No. 303 of 29 June 1999.
Lit. g) and (h) of paragraph 1.) (1) of article 1. 24 were introduced by EMERGENCY ORDINANCE nr. 35 of 8 July 1997, published in Official Gazette No. 151 of 11 July 1997.

Lit. I) and (j)) of para. (1) of article 1. 24 was introduced by art. 63 from EMERGENCY ORDINANCE nr. 98 of 24 June 1999, published in Official Gazette No. 303 of 29 June 1999.
The introductory part of paragraph 1. (2) of article 9. 24 amended by art. 1 of law No. 65 of 21 April 1997, published in Official Gazette No. 74 of 24 April 1997.
Subparagraph (a) of paragraphs 1 to 5). (2) of article 9. 24 amended by art. 1 of law No. 65 of 21 April 1997, published in Official Gazette No. 74 of 24 April 1997.
Lit. d) of paragraph 2. (2) of article 9. 24 was introduced by article 1 of law No. 65 of 21 April 1997, published in Official Gazette No. 74 of 24 April 1997.
Paragraphs 1 and 2. (3) art. 24 was amended by article 1 of law No. 65 of 21 April 1997, published in Official Gazette No. 74 of 24 April 1997.


Article 25 (1) shall have priority in getting loans somerii that bind themselves to constitute undertakings under the conditions laid down in article 21. 24 para. (1) (a). (d)) and art. 24 para. (2) of this Act.
  

(2) The priority lending somerii in the counties which have a higher unemployment rate than the average for the country.
  


Chapter 4 final provisions article 26 For pursuing activities relating to the establishment and payment of unemployment benefit, vocational integration of aid and support allowance provided by law, the Ministry of labour and social protection, and to directions of work and social protection, it constitute a specialized control body. The number of personnel of control as well as its mode of remuneration shall be determined by decision of the Government.


Article 27 (1) shall constitute offences and shall be imposed as follows: (a)) fine from 10,000 to 20,000 lei, failure to comply with the provisions of article. 17 para. (2) and (3);
  

b) fine from 15,000 to 30,000 lei, failure to comply with the provisions of art. 33;
  

c) fine from 100,000 to 200,000 lei, the term nevărsarea of the amounts referred to in article 1. 22 lit. a, b) and (c)) of the Constitution of the Fund for the payment of unemployment benefit, vocational integration of aid and support allowance;
  

(2) the penalties provided for in paragraph 1. (1) apply to natural and legal persons.
  

(3) the finding of violations and sanctions are carried out by organs of control referred to in article 1. 26, as well as by other bodies which, by law, entitled to carry out checks.
  

(4) the control Body referred to in article 1. 26 shall be empowered to check irregularities and apply the penalties provided for in and for the accounting Law nr. 82/1991 and in Government decision No. 720/1991 approving the rules for the organisation and the exercise of financial control, committed in connection with the establishment and use of Fund for paying unemployment benefit.
  

(5) the provisions of this article shall be supplemented by the provisions of law No. 32/68 *) relating to the establishment and sanctioning violations.
  

— — — — — — — — — — — — — — — — — *) see ORDINANCE No. 2 of 12 July 2001, concerning the legal regime of irregularities, published in MONITORUL OFICIAL nr. 410 of 25 July 2001, which repealed Act No.. 32/1968.


Article 28 refusal to make available or to release the body of necessary documents and data control verification mode of formation and use of the Fund for paying unemployment benefit constitutes infringement and is punishable with imprisonment from 3 months to one year or by a fine.


Article 29 (1) sums paid without legal basis, by way of unemployment benefits, aid for vocational integration or support allowance, and other pecuniary rights relating thereto shall be recovered under the law from those who received them. The remaining unrecovered amounts from recipients of unemployment benefits, aid for vocational integration or support allowance is no longer pursuing private affairs.
  

(2) the recovery of the sums paid without a legal basis is based on the decision of the leadership of labour and social protection and the Directorate General for employment and social protection Bucharest, which shall be enforceable.
  

(3) persons who, through non-observance of laws, cause undue payment of amounts from the Fund for payment of unemployment benefit are bound to their return, according to the law.
  


Article 30 (1) within 90 days after the entry into force of this law, the Government will establish by decision *) the setting up, organisation and functioning of centres for training and retraining of persons receiving unemployment benefit, and the rights and obligations of the persons concerned.
  

(2) the Government has an obligation to ensure, not later than 3 years after the entry into force of this law, a material corresponding to smooth the process of qualification, re-qualification and retraining of the unemployed.
  

(3) qualification and retraining centres will be organized by taking over some of the educational spaces that no longer warrant the operation, other existing spaces, as well as by taking on staff from these units.
  

(4) the qualification and retraining centers will operate under the guidelines for employment and social protection.
  

(5) in order to ensure the use of all existing possibilities, directions of work and social protection will be able to organize courses of training, retraining, professional development or, where appropriate, other forms of vocational training to persons receiving unemployment benefits, aid for vocational integration or support allowance and in vocational schools or other similar units.
  


Article 31 the procedure of delivery and settlement of claims for payment of unemployment benefit, vocational integration of aid and support allowance will be established within 15 days *) since the publication of the law, by order of the Minister of labour and social protection, which will be published in the Official Gazette of Romania.


Article 32 any disputes relating to the establishment and payment of unemployment benefit, vocational integration of aid and support to resolve the allocation by the courts according to the procedure applicable to disputes.


Article 33 Establishments are required to notify the labour offices all open positions within 3 days from the date when they become vacant, and the directions of work and social protection are required to keep track of and display job vacancies.


Article 34 (1) the persons referred to in art. 2, which are neincadrate in the job at the time of entry into force of this law and shall be entered in the labour offices, receive unemployment benefits from the date of application.
  

(2) if the persons referred to in paragraph 1. (1) are not included in the labour offices, they acquire the right to unemployment benefit after 30 days from the date of registration.
  


For the purposes of article 35 of this law, by members of the family means husband, wife and other dependants of their people, according to the law.


Article 36 (1) on the date of entry into force of the present law shall repeal the provisions of governmental decision nr. 758/90 concerning personnel temporarily become available.
  

(2) the funds set up under Decree-Law No. 144/90 for the extension of the application of Decree-Law No. 25/1990 concerning use and personnel during periods of interruption of the work shall be transferred to the account of the Fund for paying unemployment benefit.
  

(3) the provisions of article 4. 20 of law No. 3/1977 on the pensions of State social insurance and social assistance and of art. 51 of law No. 5/1973 change corresponding to provisions of this law.
  

(4) this Act shall come into force within 30 days from its publication in the Official Gazette of Romania.
  

— — — — — — — — — — — — — — — — — — — — *) see Judgment No. 288/1991, published in the Official Gazette of Romania, part I, no. 104 of 15 May 1991, as amended by Government decision No. 171/1994, published in the Official Gazette of Romania, part I, no. 110 of 29 April 1994.
* 15 days) the period shall run from the date of the present law in re-publish it official Gazette of Romania.
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