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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LAW No. 57 of 13 July 1994 amending and supplementing law No. 1/1991 on social protection of the unemployed and their professional reintegration ISSUER PARLIAMENT Published in MONITORUL OFICIAL NR. 184 of 20 July 1994, the Romanian Parliament adopts this law.


Article 1, law No. 1/1991 on 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, changed and completed as follows: 1. Article 2 shall read as follows: ART. 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 aim the unit at which it 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 unemployment fund for a period of 12 months during the last two years preceding the application was filed, where they finished his giving up the authorization. "
  

2. After article 2 introduces a new article, 2 ^ 1 with the following content: "ART. 2 ^ 1. -(1) Are to be considered unemployed and in receipt of vocational integration: a) graduates from schools in 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. "
  

3. Article 3 shall read as follows: ART. 3. — (1) the unemployment Aid, where appropriate, vocational integration, consists in an amount calculated in differential mode, on the categories of persons and the work as follows: a) 60% of minimum gross basic salary per country, from which tax was deducted as provided for by law, in the case of recipients of vocational integration help coming from all pre-university alumni Professional, or disciples, at the age of 18 years or, as the case may be, 16 years;
  

b) 70% of the minimum gross salary per country, from which tax was deducted as provided for by law, in the case of recipients of vocational integration arising from the results of higher education graduates;
  

c) 50% of the average gross wage base, had in the last 3 months, from which tax was deducted as provided for by law, in the case of recipients of unemployment benefits that have a seniority of work of up to five years, but not less than 75% of the minimum gross salary per country, from which tax was deducted as provided for by law;
  

(d) 55% of the average) salary basis gross domestic product, had in the last 3 months, from which tax was deducted as provided for by law, in the case of recipients of unemployment benefits that have a seniority of work from 5 to 15 years, but not less than 80% of minimum gross basic salary per country, from which tax was deducted as provided for by law;
  

e) 60% of the average gross wage base, had in the last 3 months, from which tax was deducted as provided for by law, 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 minimum gross basic salary per country, from which tax was deducted as provided for by law;
  

f) 40% of the average monthly income remaining after income tax, established under the law on last 12 months for people from art. 2 (2). (4) that contributed to the unemployment fund for a period of up to five years, but not less than one year;
  

g) 50% of the average monthly income remaining after income tax, established under the law on last 12 months for people from art. 2 (2). (4) that have contributed to the unemployment fund for a period of over 5 years.
  

(2) unemployment Aid, calculated according to the provisions of the preceding paragraph, shall not exceed the amount representing the amount to no more than two minimum wages based on rough land, which resulted in decreased tax prescribed by law. "
  

4. b) of paragraph (1) of article 5 shall read as follows: "(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 that these horses get on an income of at least half of the minimum gross salary per country, from which tax was deducted as provided for by law;"
5. e) from paragraph (1) of article 5 shall read as follows: "(e) upper secondary education graduates) who follows higher vocational training forms, regardless of its shape and length."
6. Article 6 (3) shall read as follows: "(3) the 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, from the date on which addressed the labour offices or other competent organs according to law, requiring 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, requiring compliance with a proper preparation of their work. "
  

7. Article 9 shall read as follows: ART. 9.-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 social protection establishes qualification courses, retraining, professional development or, where appropriate, other forms of training, somerii and professional integration of disabled recipients of aid are obliged to follow them. "
8. In article 10 (2) shall read as follows: "(2) Graduates who refuse, without reasonable grounds, in work, in accordance with the provisions of art. 19 para. and (b). (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. "
9. Article 11 shall read as follows: ART. 11.-(1) persons who have received unemployment aid and the help 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 professional reintegration aid.

(2) are considered 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 per family member is at least 60% of minimum gross basic salary per country, which resulted in decreased income tax required by law.
  

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

10. Article 12 shall read as follows: ART. 12. — (1) the grant support is an amount equal to 60% of minimum gross basic salary per country, which resulted in decreased income tax required by law.

(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 may 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. "
  

11. Article 13 shall read as follows: ART. 13. — (1) the period during 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 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 help from professional integration constitutes the work and in the same unit. "
13. Article 16 shall read as follows: ART. 16. — (1) the unemployment benefit, vocational integration aid or support allowance is required as, on a monthly basis, based on the 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. 5 para. (1) (a). a) and subparagraph (c). b) meets conditions for entry to the hard work and pension for age limit has the obligation 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. 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. "
  

14. Article 19 (1) (d)) shall read as follows: "(d)) at the time of refusal unreasonably to follow a course or another form of training or professional development organized under art. 9 and art. 12(3). (2) and paragraphs 1 and 2. (3) or, where appropriate, at the date of interruption or neabsolvirii courses, for reasons attributable to the beneficiaries. "
15. In article 21, paragraph a) shall read as follows: ") of 5% share on the salary Fund conducted monthly in the amount brute, physical and juridical persons Romanian and foreign based in Romania employing personnel, 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. "
16. Article 22 shall read as follows: ART. 22. — (1) the Fund referred to in article 1. 21 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. 21 apply to 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, vocational integration and aid allocation of 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. "
  

17. Article 23 shall read as follows: ART. 23. — (1) in the Fund established under art. 21 and 22 of this Act shall make payments and for some coverage: a) expenses related to the payment of unemployment benefit, domiciliary support and aid integration;
  

(b) costs for coverage) qualification, re-qualification of the unemployed, those in receipt of grant support and the help of professional integration;
  

(c) use of a party) up to 10% of interest founded on the unemployment fund and the 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 belonging to them, and for personal expenses;
  

d) granting loans in favorable terms, with an interest of 50% of the bank interest for the establishment of negotiated quarterly, and the development of small and medium-sized enterprises, with the aim of creating new jobs, especially for the unemployed; to this end, the National Bank of Romania will transfer a portion of the Fund for the payment of unemployment benefit as deposit in commercial banks designated by the Ministry of labour and social welfare, on behalf and at its disposal.
  

(2) an undertaking because it can be financed from the Trust Fund established pursuant to article 5. 23 lit. (d)) must satisfy the following conditions: (a) to hire 50)% of staff time for persons receiving unemployment benefits, aid for vocational integration or support allowance. Where fire personnel from the categories mentioned previously fulfillment of 2 years of employment, he shall be obliged to employ, within the limits of the percentage provided for staff from reaching the beneficiaries of such aid. In the event the minimum percentage of employment, the trader loses the right to credit and pay by way of penalty, an amount equal to the size of the credit granted;
  

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.
  

(3) the maximum loan is one year, excluding any grace period. Where the organisation claim a credit, may not, in case of payment in full of the loan including interest previously. For new credit granted is the condition referred to in paragraph 1. (2) (a). a). (4) the Bank shall be responsible for paying the gate remaining outstanding loans.
  

(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 the establishment of the Trust Fund intended for the Government financing 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 credits of unemployment fund will be established through detailed rules of the Ministry of labour and social security and the National Bank of Romania. "
  

18. After article 23 introduces a new article be, 23 ^ 1, which shall read as follows: ART. 23 ^ 1. -(1) priority shall be given to getting credit somerii that bind themselves to constitute undertakings under the conditions laid down in article 21. 23 para. (1) (a). (d)) and art. 23 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. "
  

19. Article 24 shall be repealed.
20. Article 26(2) shall read as follows: ART. 26. — (1) constitutes contravention and shall be imposed as follows: (a)) with fine from 10,000 to 20,000 lei, failure to comply with the provisions of article. 391. (2) and (3);
  

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

c) fine from 100,000 to 200,000 lei lei to nevărsarea within the amounts referred to in article 1. 21 lit. a), b), c) for establishing the Fund for the payment of unemployment benefit, domiciliary support and aid for vocational integration.
  

(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. 25, as well as by other bodies which, by law, entitled to carry out checks.
  


(4) the control Body referred to in article 1. 25 shall be empowered to check irregularities and apply the penalties provided for in and for the accounting Law nr. 82/1991 and 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 the unemployment fund.
  

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

21. According to article 26(3) shall be introduced two new articles, 26 ^ 1 and ^ 2/26, which will read as follows: ART. 26 ^ 1. -Refusal to make available or to release the body of necessary documents and data control verification mode of formation and use of the unemployment fund shall constitute infringement and is punishable with imprisonment from 3 months to 1 year or a fine.
Article 26 ^ 2. -(1) the 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 by the law from those who received them. The remaining unrecovered amounts from recipients of unemployment benefits, aid for vocational integration or support allowance deceased, no longer watching.

(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 municipality of Bucharest, which shall be enforceable.
  

(3) persons who, through non-compliance with the provisions of laws, cause undue amounts payment of unemployment are bound to their return, according to the law. "
  

22. After article 31 introduces a new article 31 ^ 1, which shall read as follows: ART. 31 ^ 1. -For the purposes of this law, by members of the family means husband, wife and other dependants of their people, according to the law. "


Article 2 the provisions of this law apply after 30 days from the date of its publication in the Official Gazette and shall not affect the rights refer to aid-related unemployment, vocational integration allowance, set up to date.


Article 3 Law No. 1/1991 on social protection of the unemployed and their professional reintegration, republished in the Official Gazette, part I, no. 199 of 14 august 1992, will the Republic with the amendments and additions of this law, realizing a new numbering is the texts. Term unemployment aid granted to graduates of education replaced throughout the law, with the help of professional integration.


Article 4 of the Fund size in 1994 and intended to use a crediting part of interest founded on the Fund for payment of unemployment benefit, in accordance with the provisions of art. 23, shall be established by law for the correction of the State social insurance budget for the year 1994.
This law was adopted by the Senate at its meeting on June 29, 1994, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. MORRIS PRESIDENT of SENATE Bill VALER was adopted by the Chamber of deputies at its meeting on June 29, 1994, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
PRESIDENT Of The CHAMBER Of DEPUTIES ADRIAN NASTASE — — — — — — — — — — — — — — — — — — — — — — — — —