Advanced Search

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE No 86 of 22 July 1992 to amend and supplement Law no. 1/1991 on the social protection of the unemployed and their professional reintegration
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 181 of 30 July 1992



The Romanian Parliament adopts this law + Article 1 Law no. 1/1991 on the social protection of the unemployed and their professional reintegration is amended and supplemented as follows: 1. Article 2 (e) shall read as follows: "e) persons whose employment contract has been opened on their initiative for reasons that, according to the law, to reemployment do not interrupt the seniority;" 2. Article 3 shall read as follows: "" ART. 3. -The unemployment benefit consists of an amount calculated in a differentiated way, by category of persons and seniority, as follows: a) 60% of the minimum basic salary per country, gross, indexed, from which the tax provided by law was deducted corresponding to the situation in which each person is located, in the case of beneficiaries of unemployment benefits who come from the ranks of the graduates of the schools in pre-university, vocational or apprentice education, at least 16 years of age or, where appropriate, 18 years, as well as those who are under 1 year of age; b) 70% of the minimum basic salary per country, gross, indexed, from which the tax provided by law was deducted corresponding to the situation in which each person is located, in the case of beneficiaries of unemployment benefits who come from the higher education; c) 50% of the average gross basic salary, had in the last 3 months, indexed, from which the tax provided by law was deducted corresponding to the situation in which each person is located, in the case of beneficiaries of unemployment benefits who have a seniority from 1 up to 5 years, but not less than 75% of the minimum basic salary per country, gross, indexed, from which the tax corresponding to the situation in which each person is located has decreased; d) 55% of the average gross basic salary, had in the last 3 months, indexed, from which the tax provided by law was deducted corresponding to the situation in which each person is located, in the case of beneficiaries of unemployment benefits who have a seniority from 5 up to 15 years, but not less than 80% of the minimum basic salary per country, gross, indexed, from which the tax corresponding to the situation in which each person is located has decreased; e) 60% of the average gross basic salary, had in the last 3 months, indexed, from which the tax provided by law was deducted corresponding to the situation in which each person is located, in the case of beneficiaries of unemployment benefits who have a seniority of a minimum of 15 years, but not less than 85% of the minimum basic salary per country, gross, indexed, from which the tax corresponding to the situation in which each person is located has decreased. " 3. Article 5 (1) (a) shall read as follows: "a) persons holding, together with family members, agricultural land in the area of at least 20,000 square meters in the areas of cholination and lowland and at least 40,000 sqm in mountain areas;" 4. Article 6 shall read as follows: "" ART. 6. -(1) Persons who have been employed have the right to receive unemployment benefits from the moment of termination of the employment contract or, as the case may be, of the membership in the craft cooperation, under the conditions provided in art. 2, if they have registered with the employment offices within 30 days of the termination of the activity or from the date of registration at the office of the labor force, if the request was made later this term. (2) Persons referred to in art. 2 lit. d) bring down the right to receive unemployment benefits from the date of final decision of reintegration, of the order of removal from prosecution or of release or of final decision of acquittal, if they have registered with the office of force of work within 30 days from that date or from the date of registration, when it took place after the expiry of the 30-day period. ((3) Persons who have not been assigned to work bring down the right to receive unemployment benefits as follows: a) after a period of 30 days for graduates of the pre-university education and higher education, from the date they addressed the labor offices or other competent bodies, according to the law, applying for employment the preparation; b) after a period of 30 days from the date on which the persons who completed the compulsory military service addressed the labor offices, requesting the assignment in a work corresponding to the preparation; c) from the date of enrolment to the office of labor, in the case of graduates of special schools for handicapped. (4) Women who have ceased their activity, according to the law, for the growth of children, as well as persons who have ceased their status as a pensioner have the right to receive unemployment benefits from the date of registration at the labor offices. (5) The 30-day terms provided in par. ((3) lit. a) and b) begin to run on the expiry of the 60-day and 30-day periods, respectively, provided in art. 2 lit. a) and b). " 5. Article 11 shall read as follows: "" ART. 11. -(1) Persons who have benefited from the aid of legal unemployment, without being able to fit into work, and are deprived of means of maintenance continue to receive a support allowance. (2) Persons who cumulatively meet the following conditions shall be considered to be deprived of means of maintenance: a) do not hold together with family members agricultural land with a minimum area equivalent to that provided in art. 5 5 para. ((1) lit. a); b) does not carry out together with the family members an average monthly income of at least 40% per family member of the minimum basic salary per country, gross, indexed, from which the tax corresponding to the situation of the holder of the support allowance has decreased. (3) The situations provided in par. (2) shall be proved by self-declarations of the holder. " 6. Article 11 (1) shall be inserted after Article 11, with the following contents: "" ART. 11 11 ^ 1. -(1) The support location is an amount equal to 40% of the minimum basic salary per country, gross, indexed, from which the tax corresponding to the situation of the holder of the support allowance is deducted. (. The support allowance shall be granted for a period of 18 months. ((. During this period, those persons may attend qualification or retraining courses which do not exceed the duration of receipt of the support allowance. " 7. Article 12 shall read as follows: "" ART. 12. -During the period when a person is paid unemployment benefits or the support allowance, it benefits from child benefit, as well as free health care. The housing right at the service home is kept for the entire period during which the tenant receives unemployment benefit or support allowance, unless it is located within the premises of the unit or is directly related to the insurance. the permanence or continuity in service, in which case only the evacuation conditional upon the attribution of another appropriate housing space may be ordered. " 8. Article 14 shall read as follows: "" ART. 14. -People who have lost all or part of their ability to work in the period for which they are entitled to receive unemployment benefits or support allowance and as follows a qualification or retraining course benefit from the rights of social insurance provided by law for persons employed, including invalidity pension. " 9. Article 15 shall read as follows: "" ART. 15. -(1) The beneficiary of unemployment benefit or support allowance shall be obliged, on a monthly basis, on the basis of the appointment made or whenever requested, to appear at the office of the workforce. (2) The person who receives unemployment benefits and falls into work or begins to realize income from the sources provided in art. 5 5 para. ((1) lit. a) and b) or meets conditions of enrolment in retirement for the work done and the age limit has the obligation to notify the office of the labor office within 3 days. The same obligation shall have the person receiving the support allowance, in so far as the means of maintenance provided for in art. 11. (3) The obligation provided in par. ((2) also returns to the legal or natural person who has carried out the employment or, as the case may be, pension offices. " 10. Article 16 shall read as follows: "" ART. 16. -The quality of beneficiary of unemployment benefits or of the support allowance and the fulfilment of the obligation provided for in art. 15 shall be demonstrated with the record book, issued and targeted monthly by the office of the labour force. " 11. Article 17 shall read as follows: "" ART. 17. -(1) The unemployment benefit or the support allowance shall be paid monthly by the labour and social protection departments, in proportion to the number of calendar days as the holder is entitled to receive this right, based on the identity card and the the record book. (2) The unemployment benefit and the support allowance shall not be taxable and may not be the subject of forced execution for other debits than those which came from unemployment benefit or support allowance granted, for those representing obligations maintenance, as well as for damages caused by intentional crimes committed against life, health and bodily integrity. " 12. Article 18 shall read as follows: "" ART. 18. --(1) The payment of unemployment benefit or support allowance shall cease in the following situations: a) to meet the deadlines provided for in art. 9, respectively art. 11 ^ 1 para. ((2); b) to the employment of the holder or after 30 days after obtaining by him the authorization to exercise an activity on his own; c) in the case of unjustified refusal to fit into a unit, with employment contract for an indefinite or determined duration, in a place of work corresponding to the preparation and level of the studies of the unemployed, the personal situation and the state of health of d) on the date of unjustified refusal to follow a qualification course or, as the case may be, on the date of interruption or non-completion of the course organized according to art. 10 10 para. ((2) and art. 11 ^ 1 paragraph (3) of this law, for imputable reasons. ((. The payment of unemployment benefit or support allowance shall be suspended: a) in case of non-fulfilment of the obligation provided in 15 15; b) during the fulfillment of military obligations; c) during the period during which the holder establishes his domicile abroad; d) during the period during which the holder is remanded in custody or for the execution of a custodial sentence; e) during the period in which the holder is employed for a fixed term of less than 6 months. " 13. Article 19 shall read as follows: "" ART. 19. -Persons who have been reintegrated into work by competent jurisdiction bodies and have been awarded compensation for the non-working period will return unemployment benefits or, as the case may be, the support allowance received over the same period of time. " 14. Article 20 shall read as follows: "" ART. 20. -The Fund required for the payment of unemployment benefits and the support allowance shall be made up of the following sources: a) a 5% rate applied on the salary fund made monthly, in gross value, by Romanian and foreign natural and legal persons based in Romania who employ Romanian personnel, as well as from the incomes made by authorized individuals to perform an individual activity and the family associations operating under Decree-Law no. 54/1990 54/1990; b) a contribution of 1% of the monthly basic salary of gross employment, paid by the employees of the natural and legal persons provided in lett. a); c) a contribution of 1% of the monthly income in gross value, obtained from the work performed by the members of the cooperation; d) a subsidy from the state budget to complete the fund, in case the sources at lit. a), b) and c) shall not cover payments due. " 15. Article 21 shall read as follows: "" ART. 21. -(1) The Fund provided for in art. 20 is kept in an account of the Ministry of Labour and Social Protection opened at the National Bank of Romania, is managed by it and is a bearer of interest. ((2) Sums not summarized in a period shall be carried over in the periods immediately following, without the obligation to be paid to the state budget. (3) For the term non-burning of the amounts provided in art. 20 an increase of 0,05% is applied for each day of delay, but not more than the total amounts due. " 16. Article 22 shall read as follows: "" ART. 22. -From the fund constituted according to art 20 of this law will be made payments for: a) the coverage of expenses related to the payment of unemployment benefits and the support allowance; b) the coverage of expenses on the qualification and requalification of unemployed persons and those who benefit from the support allowance. " + Article 2. The provisions of this law also apply to persons to whom the period of payment of unemployment benefits has expired before its entry into force. + Article 3 Law no. 1/1991 *) on the social protection of the unemployed and their professional reintegration, with the amendments made by this law, shall be republished in the Official Gazette of Romania, giving the articles a new numbering. NOTE: Law no. 1/1991 was republished in the Official Gazette of Romania, Part I, no. 266 266 of 30 December 1991. This law was adopted by the Chamber of Deputies and the Senate in the joint sitting of July 9, 1992, in compliance with the provisions of 74 74 para. ((1) and art. 76 76 para. (2) of the Romanian Constitution. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU p. CHAMBER OF DEPUTIES PRESIDENT IONEL ROMAN ----------------