Law No. 86 Of 22 July 1992 Concerning Modification And Completion Of The Law Nr. 1/1991 On Social Protection Of The Unemployed And Their Professional Reintegration

Original Language Title:  LEGE nr. 86 din 22 iulie 1992 pentru modificarea şi completarea Legii nr. 1/1991 privind protecţia socială a şomerilor şi reintegrarea lor profesională

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LAW No. 86 of 22 July 1992 concerning modification and completion of the law nr. 1/1991 on social protection of the unemployed and their professional reintegration ISSUER PARLIAMENT Published in MONITORUL OFICIAL NR. 181 of 30 July 1992, the Romanian Parliament adopts this law.


Article 1, law No. 1/1991 on social protection of the unemployed and their professional reintegration change and completed as follows: 1. Article 2 letter e) shall read as follows: "e) persons whose contract of employment has been loosened from their initiative for reasons which, according to the law, don't interrupt the reincadrare length work;"
2. Article 3 shall read as follows: ART. 3.-unemployment Aid consists of an amount calculated in differential mode, on the categories of persons and the work as follows: a) 60% of the national minimum salary in the country, gross domestic product, indexed, from which tax was deducted appropriately required by law the situation of each person, in the case of recipients of unemployment benefit coming from all pre-university schools Alumni Professional, or apprentices, in at least 16 years of age or, as applicable, the age of 18, as well as of those who have work experience less than 1 year;
  

b) 70% of the minimum salary in the country, gross domestic product, indexed, from which tax was deducted appropriately required by law the situation of each person, in the case of recipients of unemployment benefits which stem from the results of higher education graduates;
  

c) 50% of the average gross wage base, had in the last 3 months, indexed, from which tax was deducted appropriately required by law the situation of each person, in the case of recipients of unemployment benefits that have a seniority of work from 1 up to 5 years, but not less than 75% of the minimum salary in the country gross, indexed, which resulted in decreased income tax corresponding to the situation of each person;
  

(d) 55% of the average) salary basis gross domestic product, had in the last 3 months, indexed, from which tax was deducted appropriately required by law the situation of each person, in the case of recipients of unemployment benefits that have a seniority of work from 5 till 15 years but not less than 80% of the minimum salary in the country gross, indexed, which resulted in decreased income tax corresponding to the situation of each person;
  

e) 60% of the average gross wage base, had in the last 3 months, indexed, from which tax was deducted appropriately required by law the situation of each person, in the case of recipients of unemployment benefits that have a seniority of at least 15 years of work, but not less than 85% of the minimum salary in the country, gross domestic product , indexed, which resulted in decreased income tax corresponding to the situation of each person. "
  

3. Article 5 (1) (a)) shall read as follows: ' a) persons holding, together with family members, farm land in the area of at least 20,000 sqm in the foothills and lowlands areas and at least 40,000 sqm mountain; "
4. Article 6 shall read as follows: ART. 6.-(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) d) are entitled to receive unemployment benefits from the date of final judgement, reintegration of the Ordinance to remove under prosecution or enforcement of the judgement 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 placed in work are entitled to receive unemployment aid as follows: a) after a period of 30 days for graduates of pre-university education and higher education, from the date on which addressed the labour offices or other competent bodies according to the law, demanding compliance with a proper preparation 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, demanding compliance with a proper preparation work;
  

c) from the date of entry of the Labor Office, in the case of graduates of special schools for the handicapped.
  

(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). the a and b)) begin to run from the expiry of the 60-day deadline, 30 days respectively referred to in art. 2(a) the a and b)). "
  

5. Article 11 shall read as follows: ART. 11.-(1) persons who have received unemployment legal help, without being able to fit into the work, and are deprived of the means of subsistence receive a further grant support.

(2) Are deemed to be indigent persons maintenance fulfil the following conditions: (a) (b) cumulatively) does not hold together with family members, farm land with a minimal surface equivalent to that laid down in article 21. 5 para. (1) (a). a);
  

b) don't realize together with family members, the average monthly income of at least 40% on family member from the national minimum salary in the country, gross domestic product, indexed, which resulted in decreased income tax corresponding to the allowance holder support situation.
  

(3) the circumstances referred to in paragraph 1. (2) prove through Declaration on honour of the holder. "
  

6. After article 11 article 11 introduces ^ 1 with the following content: "ART. 11 ^ 1. (1) support Allowance is an amount equal to 40% of the national minimum salary in the country, gross domestic product, indexed, minus the tax corresponding to the allowance holder support situation.

(2) allowance for support shall be granted for a period of 18 months.
  

(3) during this period, the persons concerned can follow the courses of education and training or retraining courses which do not exceed term of receipt of allowance support. "
  

7. Article 12 shall read as follows: ART. 12.-the period for which a person is charged for the cost of unemployment benefits 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 space appropriately. "
8. Article 14 shall read as follows: ART. 14.-persons who have lost all or part of the capacity for work during the period for which they are entitled to receive unemployment benefit or allowance and how support follows a course of education and training or retraining benefits from social security rights provided by law for persons placed in jobs, including invalidity pension. "
9. Article 15 shall read as follows: ART. 15. — (1) the unemployment benefit or allowance is required as support, monthly, on the basis of programming or whenever is required, to be present at the Labour Office.

(2) a person who receives unemployment benefits and fall in work or start to realize income from the sources referred to in art. 5 para. (1) (a). the times) and b) meets the conditions for entry to the hard work and pension for age limit required to notify within 3 days the Office workforce. The same obligation and the person who receives grant support insofar as i change the means of support. 11. (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. "
  

10. Article 16 shall read as follows: ART. 16.-quality of the unemployment benefit or allowance and support the fulfilment of the obligation laid down in article 21. 15 turn out with the book-keeping, issued and endorsed by the monthly labor force. "
11. Article 17 shall read as follows: ART. 17. — (1) the unemployment Aid or support allowance shall be paid monthly by the directions of work 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 and support allowance are not taxable and cannot be subject to execution for other flow rates than those that originated in the unemployment benefit or allowance accorded undue support for those representing maintenance obligation, as well as for damages caused by intentional offences committed against the life, health and bodily integrity. "
  

12. Article 18 shall read as follows: ART. 18. — (1) the payment of the unemployment benefit or support allowance shall cease in the following situations: a) the completion dates laid down in article 21. 9, i.e. art. ^ 11. (2);
  

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 term, or 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 of qualification or, where appropriate, at the date of interruption or neabsolvirii course organized according to art. 10 para. (2) art. 11 ^ 1 (3) of this law, for reasons attributable to.
  

(2) payment of the unemployment benefit or allowance suspended support: a) if non-compliance with the obligation laid down in article 21. 15;
  

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. "
  

13. Article 19 shall read as follows: ART. 19.-persons who were elected in the competent courts and have been 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. "
14. Article 20 shall read as follows: ART. 20. Fund necessary for payment of the unemployment allowance and support consists of 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 and revenue of 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 due. "
  

15. Article 21 shall read as follows: ART. 21. — (1) the Fund referred to in article. 20 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. 20 shall apply to a hike of 0.05% per day of delay but not more than the total of the amounts due. "
  

16. Article 22 shall read as follows: ART. 22.-Fund established under art. 20 of this law shall make payments and for some coverage: a) expenditure relating to the payment of the unemployment allowance and support;
  

b) cover expenses relating to the qualification and re-qualification of the unemployed and those in receipt of allowance support. "
  


In article 2.

The provisions of this law shall also apply to persons to whom a period of payment of unemployment benefit before its entry into force.


Article 3 Law No. 1/1991) on social protection of the unemployed and their professional reintegration, as amended by this law, shall be in the Official Gazette, Rosca articles a new numbering.
Note: the law. 1/1991 was republished in the Official Gazette of Romania, part I, no. 266 of 30 December 1991.
This law was adopted by the Chamber of Deputies and the Senate sitting in the commune of 9 July 1992, in compliance with the provisions of art. 74 para. (1) and art. 76 para. (2) of the Constitution of Romania.
Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU P. ROMAN CHAMBER Of DEPUTIES PRESIDENT IDRIS — — — — — — — — — — — — — — — —