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Law No. 57 Of 13 July 1994 Amending And Supplementing Law No. 1/1991 On Social Protection Of The Unemployed And Their Professional Reintegration

Original Language Title:  LEGE nr. 57 din 13 iulie 1994 pentru modificarea şi completarea Legii nr. 1/1991 privind protecţia socială a şomerilor şi reintegrarea lor profesională

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LEGE No. 57 of 13 July 1994 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 184 of 20 July 1994



The Romanian Parliament adopts this law + Article 1 Law no. 1/1991 on the social protection of the unemployed and their professional reintegration,-modified-, republished in the Official Gazette of Romania, Part I, no. 199 of 14 August 1992, shall be amended and supplemented as follows: 1. Article 2 shall read as follows: "" ART. 2. -(1) They are entitled to receive unemployment benefits under the present law: a) persons whose employment contract has been opened on the initiative of the unit for the reasons provided for in art. 130 130 para. ((1) lit. a)-f) of the Labor Code or to whom, as the case may be, they have ceased their membership in the craft cooperation for reasons not attributable to them; b) persons whose employment contract has been opened on the initiative of the establishment, if the unlawfulness of the measure taken by the establishment or the lack of guilt of the person concerned has been established by the competent body, and the reintegration into work is no longer a possible objective at the establishment at which it was previously employed or at the establishment that took over its heritage; c) persons whose employment contract has been opened on their initiative, for reasons that, according to the law, to the reframing do not interrupt the seniority; d) persons who have been employed with a fixed-term employment contract. (2) The persons to whom the employment contract has ceased or the membership in the craft cooperation, in the cases provided for in the preceding paragraph, lit. a) and d), benefit from unemployment benefits if they have a working age of at least 6 months in the last 12 months prior to the date of registration of the application for the payment of unemployment benefits. (3) Graduates who, within 1 year of graduation, have committed and have not fully benefited from professional integration aid will receive unemployment benefits regardless of age in work. (4) They are assimilated to the unemployed and benefit from the payment of unemployment benefits individuals authorized to perform an individual activity and the members of the family associations operating under Decree-Law no. 54/1990, if they contributed to the establishment of the unemployment fund for a period of 12 months in the last 2 years prior to the registration of the application, if they have completed their activity by giving up the operating authorization. " 2. After Article 2, a new article is inserted, 2 ^ 1, with the following contents: "" ART. 2 2 ^ 1. -(1) They are assimilated to the unemployed and benefit from professional integration aid: a) graduates of 18-year-old educational institutions, who do not have their own income sources at the level of at least half of the minimum gross basic salary per country and who, in a period of 60 days after graduation, failed to fit in work according to professional training; b) graduates of educational institutions aged at least 16 years, in cases justified by the lack of legal supporters or their proven impossibility to provide the legal maintenance obligation due to minors; c) young people who before the military internship were not employed and who in a period of 30 days from the date of leaving them to the hearth could not engage. (2) Graduates of special handicapped schools, who do not have a job, will be taken into account immediately after graduation and will benefit from the payment of professional integration aid from the date of registration in these records. " 3. Article 3 shall read as follows: "" ART. 3. -(1) The unemployment benefit, as the case may be, the professional integration aid, consists of an amount calculated in a differentiated manner, by categories of persons and seniority, as follows: a) 60% of the minimum gross basic salary per country, from which the tax provided by law was deducted, in the case of beneficiaries of professional integration aid coming from the graduates of pre-university, vocational or apprentice education, in a minimum age of 18 years or, where applicable, 16 years; b) 70% of the minimum gross basic salary per country, from which the tax provided by law was deducted, in the case of beneficiaries of professional integration aid coming from the end of higher education graduates; c) 50% of the average gross basic salary, had in the last 3 months, from which the tax provided by law was deducted, in the case of beneficiaries of unemployment benefits who have a working age of up to 5 years, but not less than 75% of the minimum basic salary gross per country, from which the tax provided by law was deducted; d) 55% of the average gross basic salary, had in the last 3 months, from which the tax provided by law was deducted, in the case of beneficiaries of unemployment benefits who have a working age from 5 to 15 years, but not less than 80% of the basic salary minimum gross per country, from which the tax provided by law was deducted; e) 60% of the average gross basic salary, had in the last 3 months, from which the tax provided by law was deducted, in the case of beneficiaries of unemployment benefits who have a working age of at least 15 years, but not less than 85% of the minimum basic salary gross per country, from which the tax provided by law was deducted; f) 40% of the average monthly income, left after the payment of the tax established according to the law, for the last 12 months, for the persons of 2 2 para. ((4) which contributed to the establishment of the unemployment fund for up to 5 years, but not less than one year; g) 50% of the average monthly income, left after the payment of the tax established according to the law, for the last 12 months, for the persons of 2 2 para. ((4), which contributed to the establishment of the unemployment fund for a period of more than 5 years. (2) The unemployment benefit, calculated according to the provisions of the previous paragraph, cannot exceed the amount representing the amount of no more than two gross minimum basic salaries per country, from which the tax provided by the law has decreased. " 4 4. The letter b) of paragraph 1 of Article 5 shall read as follows: " b) persons who have sources of own income or who make income from the provision of authorized activities under the conditions provided by law and who obtain on these paths an income of at least half of the minimum gross basic salary per country, from which deducted the tax provided by the law; " 5 5. The letter e) of paragraph 1 of Article 5 shall read as follows: "e) graduates of high school education in higher forms of vocational training, regardless of its form and duration." 6. Article 6 (3) shall read as follows: " (3) Persons who have not been assigned to work acquire the right to professional integration aid as follows: a) after a period of 30 days, for graduates of pre-university education and higher education, from the date they addressed employment offices or other competent bodies, according to the law, requesting 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 their preparation. " 7. Article 9 shall read as follows: "" ART. 9. -unemployment benefits and professional integration aid shall be paid for a period of no more than 270 calendar days. If during this period the directions of work and social protection institute qualification, retraining, improvement or, as the case may be, other forms of professional training, the unemployed and the beneficiaries of the professional integration aid are obliged to follow them. " 8. Article 10 (2) shall read as follows: " (2) Graduates who refuse, without thorough reasons, the distribution of work, according to the provisions of art. 19 19 para. 1 lit. d) of this law, have the obligation to pay back the tuition expenses. At the time of enrolment, persons will conclude with the direction of work and social protection a commitment in this regard, which, in case of non-compliance by the holder with the obligations assumed, constitutes an enforceable title. " 9. Article 11 shall read as follows: "" ART. 11. -(1) Persons who have benefited from unemployment benefits and professional integration aid for the maximum period of 270 days and are deprived of means of maintenance may continue to benefit, until employment, from an allowance of support, but not more than 18 months after the expiry of the legal period for the granting of unemployment benefits, namely the aid of professional reintegration. (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, per family member, of at least 60% of the minimum gross basic salary per country, from which the tax provided by the law has decreased. (3) The situations provided in par. (2) shall be proved by self-declarations of the holder. " 10. Article 12 shall read as follows: "" ART. 12. -(1) The support allowance is an amount equal to 60% of the gross minimum basic salary per country, from which the tax provided by the law has decreased. (2) During the period as long as they receive support allowance, the unemployed may attend qualification, retraining, refresher courses or, as the case may be, other forms of professional training that do not exceed the duration of receipt of the support allowance. (3) The professional training of unemployed persons started during the period of unemployment benefit, respectively of professional integration aid, can be continued during the support allowance period, through the forms of education provided by law, in trades and specialties whose duration does not exceed the duration of the support allowance. " 11. Article 13 shall read as follows: "" ART. 13. -(1) During the period during which an individual is paid unemployment benefits, professional integration aid or 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. permanence or continuity in service, in which case only the evacuation conditional upon the attribution of another appropriate housing space may be ordered. (2) Free medical assistance also benefits family members in the maintenance of the person who is paid the aid provided in par. ((1). (3) Persons referred to in par. (1) benefits from the compensation of part of the price of medicines according to the legal regulations in force 12. Article 14 shall read as follows: "" ART. 14. -The period for which a person is entitled to receive unemployment benefits or professional integration aid shall be at work and in the same establishment. " 13. Article 16 shall read as follows: "" ART. 16. -(1) The beneficiary of unemployment benefits, professional integration aid 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 or professional integration aid and falls into work or begins to realize income from the sources shown in art. 5 5 para. ((1) lit. a) and lit. b) or meets the conditions of enrolment in retirement for the work done and the age limit has the obligation to notify, within 3 days, the office of the labor force. 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. " 14. Article 19 (1) (d) shall read as follows: "" d) on the date of unjustified refusal to follow a course or other form of training or professional improvement organized according to art. 9 9 and art. 12 12 para. ((2) and para. ((3) or, where applicable, on the date of interruption or non-completion of the courses, on grounds attributable to the beneficiaries. " 15. Article 21 (a) shall read as follows: " 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 income declared in the insurance contracts social by natural persons authorized to perform an individual activity and family associations operating under Decree-Law no. 54/1990 54/1990. " 16. Article 22 shall read as follows: "" ART. 22. -(1) The Fund provided for in art. 21 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. 21 an increase of 0,2% is applied for each day of delay, but not more than the total amounts due. The amounts representing late increases are the source of establishment of the fund for the payment of unemployment benefits, professional integration aid and support allowance. ((4) In case of non-payment of the contributions due for the establishment of the fund for the payment of unemployment benefits, the professional integration aid and the support allowance, as well as the late increases, according to the law, the directions territorial of the Ministry of Labour and Social Protection can order the respective amounts from the accounts of economic agents, through the introduction of collection provisions, which constitute enforceable securities, which the banking bodies are obliged to execute them without the acceptance of debtors. In case of lack of cash availability in bank accounts, the liquidation of claims is made by applying the enforcement procedure, under the law. " 17. Article 23 shall read as follows: "" ART. 23. -(1) Of the fund constituted according to art. 21 and 22 of this law will be made payments for: a) covering expenses related to the payment of unemployment benefits, support allowance and professional integration aid; b) covering some expenses for the qualification, requalification of the unemployed, those who benefit from the support allowance and the professional integration aid; c) the use of a part of up to 10% of the interest constituted at the unemployment fund, as well as from the income from the benefits made by the labor offices and the qualification and requalification centers of the unemployed, for the development of the material base of these offices and centres of qualification and requalification, for repairs to buildings and other fixed assets from their endowment, as well as for personnel expenses; d) granting loans on favorable terms, with a interest of 50% of the bank interest negotiated quarterly, for the establishment and development of small and medium-sized enterprises, in order to create new jobs, especially for the unemployed; in this purpose, the National Bank of Romania will transfer part of the fund for the payment of unemployment benefits as a deposit in the commercial banks indicated by the Ministry of Labour and Social Protection, in the account and at its disposal. (2) In order for an enterprise to be financed from the fund constituted according to art. 23 lit. d) must meet the following conditions a) to employ at least 50% of the staff in the staff of persons who benefit from unemployment benefits, professional integration aid or support allowance. If they lay off the staff of the mentioned categories, prior to the second year of employment, they will be obliged to hire, within the limit of the expected percentage, personally from the beneficiaries of these aid. In the event of non-compliance with the minimum percentage of employment, the economic agent shall lose the right to credit and pay as penalty an amount equal to the size of the credit granted b) to carry out the basic activity in production, services or tourism; no economic agents that have the object of activity exclusively trade can be financed; c) have drawn up the feasibility project endorsed by a commission made up of representatives of the financing banks and the representative of the Ministry of Labour and Social Protection. (3) The maximum credit time is one year, exclusively the grace period. Where the undertaking requires additional credit, it may be granted, subject to the payment of the previous credit in full, including interest. For the new credit granted the condition is that provided in par. ((2) lit. a). (4) The financing bank shall bear the responsibility for the granted loans. (5) The size of the fund for lending will be established by the state social insurance budget law. When drafting the draft law on the state social insurance budget, as regards the establishment of the fund for lending, the Government will consult the employers ' organizations and trade union confederations. (6) The conditions for granting and reimbursement of loans, the way of establishing guarantees and the organization and conduct of tenders for the appointment of banks authorized to grant credits from the unemployment fund will be established by methodological norms of Ministry of Labour and Social Protection and of the National Bank of Romania. " 18. After Article 23, a new article is inserted, 23 ^ 1, which will read as follows: "" ART. 23 23 ^ 1. -(1) They have priority in obtaining the loans of the unemployed who undertake to constitute enterprises, under the conditions provided in art. 23 23 para. ((1) lit. d) and art. 23 23 para. ((2) of this Law. (2) In obtaining credits, the unemployed persons in the counties who have a higher unemployment rate than the country average have priority. " 19. Article 24 shall be repealed. 20. Article 26 shall read as follows: "" ART. 26. -(1) It constitutes a contravention and is sanctioned as follows: a) with a fine of 10,000 to 20,000 lei, non-compliance with art. 16 16 para. ((2) and (3); b) with a fine of 15,000 to 30,000 lei, non-compliance with art. 30 30; c) with a fine of 100,000 lei to 200,000 lei, for the term non-burning of the amounts provided in art. 21 lit. a), b), c) establishing the fund for the payment of unemployment benefits, support allowance and professional integration aid. (2) The sanctions provided in par. ((1) shall apply to natural and legal persons. (3) The finding of contraventions and the application of sanctions shall be made by the bodies of the control body referred to in 25, as well as by other organs that, according to the law, have the right to carry out control. (4) The control body provided for in art. 25 is empowered to find contraventions and to apply sanctions for the acts provided for in the Accounting Law no. 82/1991 and Government Decision no. 720/1991 on the approval of the Rules for the organization and exercise of financial control, committed in connection with the establishment and use of the unemployment fund. (5) The provisions of this Article shall be supplemented by the provisions of Law no 32/1968 on establishing and sanctioning contraventions. " 21. After Article 26, two new articles are introduced, 26 ^ 1 and 26 ^ 2, which will read as follows: "" ART. 26 26 ^ 1. -The refusal to make available or to release the control body the documents and data necessary to verify the establishment and use of the unemployment fund constitutes a crime and is punishable by imprisonment from 3 months to 1 year or with fine. Article 26 ^ 2. -(1) The amounts paid without legal basis, as unemployment benefits, professional integration aid or support allowance and the other related money rights, shall be recovered, according to the law, from those who received them. The amounts left unrecovered from beneficiaries of unemployment benefits, professional integration aid or deceased support allowance, shall no longer be pursued. (2) The recovery of the amounts paid without legal basis is based on the decision of the management of the county social work and protection departments and the city of Bucharest, which constitutes an enforceable title. (3) Persons who, by non-compliance with the provisions of the legal provisions, determine the payment of unearned amounts from the unemployment fund are obliged to return them, according to the law. " 22. After Article 31, a new article is inserted, 31 ^ 1, which will read as follows: "" ART. 31 31 ^ 1. -For the purposes of this law, family members are understood by their spouse, wife and other dependents, according to the law. " + Article 2 The provisions of this law shall apply after 30 days from the date of its publication in the Official Gazette of Romania and shall not affect the rights referring to unemployment benefits, professional integration aid and support allowance, established until on that date. + Article 3 Law no. 1/1991 on the social protection of the unemployed and their professional reintegration, republished in the Official Gazette, Part I, no. 199 of August 14, 1992, will be republished with the amendments and completions of this law, giving the texts a new numbering. The term of unemployment benefits granted to graduates of education is replaced, throughout the law, with the term of professional integration aid. + Article 4 For 1994 the size of the fund for lending and the use of a part of the interest constituted at the Fund for the payment of unemployment benefits, in accordance with the provisions of art. 23, are established by the law on rectification of the state social insurance budget for 1994. This law was adopted by the Senate at the meeting of June 29, 1994, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT VALER SUIAN This law was adopted by the Chamber of Deputies at the meeting of June 29, 1994, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE -------------------------