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Law No. 1 Of 7 January 1991 * Republished On Social Protection Of The Unemployed And Their Professional Reintegration

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

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LEGE no. 1 1 of 7 January 1991 (republished) on the social protection of the unemployed and their professional reintegration ((updated until 24 June 1999 *)
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------------- * *) Updated by June 24, 1999 by EMERGENCY ORDINANCE no. 9 9 of 14 April 1997 ; LAW no. 65 65 of 21 April 1997 ; EMERGENCY ORDINANCE no. 35 35 of 8 July 1997 ; EMERGENCY ORDINANCE no. 47 47 of 2 September 1997 ; LAW no. 126 126 of 22 June 1998 ; EMERGENCY ORDINANCE no. 98 98 of 24 June 1999 ; ** **) Republicated pursuant to art. III of Law no. 57/1994 , published in the Official Gazette of Romania, Part I, no. 184 of 20 July 1994, giving the texts a new numbering. Law no. 1/1991 was published in the Official Gazette of Romania, Part I, no. 1 of January 8, 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. 199 199 of 14 August 1992. + Chapter 1 General provisions + Article 1 Able-bodied persons, who cannot be classified for lack of available places corresponding to their training, are considered unemployed and benefit, under the conditions of this law, from unemployment benefits and other forms of social protection, as well as from support for their professional reintegration through qualification, retraining and improvement. + Article 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 objectively possible to the unit in which it was previously assigned or to the unit that took over its patrimony; 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 one year of graduation, have committed themselves 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 family associations operating under Decree-Law no. 54/1990 , if they have contributed to the establishment of the fund for the payment of unemployment benefits 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 + Article 3 (1) They are assimilated to the unemployed and benefit from professional integration aid: a) graduates of educational institutions aged at least 18 years, 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 employment 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. + Chapter 2 Unemployment benefits and other forms of social protection of the unemployed + Article 4 (1) Unemployment aid or, where applicable, professional integration aid shall consist of a calculated amount differentiated, depending on the length of service, by category of persons and of seniority, as follows: a) 50% of the average gross basic salary had in the last 3 months worked, from which the tax provided by law was deducted, in force at the date of establishment of rights, in the case of beneficiaries of unemployment benefits who have a working age of up to 5 years, but not less than 23% of the average net earnings on the economy at the date of establishment of rights; b) 55% of the average gross basic salary had in the last 3 months worked, from which the tax provided by law was deducted, in force at the date of establishment of rights, in the case of beneficiaries of unemployment benefits who have a working age between 5 and 15 15 years, but not less than 25% of the average net earnings on the economy at the date of establishment of rights; c) 60% of the average gross basic salary had in the last 3 months worked, from which the tax provided by law was deducted, in force at the date of establishment of rights, in the case of beneficiaries of unemployment benefits who have a working age of over 15 years, but no less than 26% of the average net earnings on the economy at the date of establishment of rights; d) 40% of the average net monthly income, left after the payment of the tax established according to the law, for the last 12 months, for the persons provided 2 2 para. ((4), which contributed to the establishment of the Fund for the payment of unemployment benefits for a period of 1-5 years; e) 50% of the average net monthly income, left after the payment of the tax established according to the law, for the last 12 months, for the persons provided 2 2 para. ((4), which contributed to the establishment of the Fund for the payment of unemployment benefits for more than 5 years; f) 18% of the average net earnings on the economy, in the case of beneficiaries of professional integration aid that come from the graduates of the institutions of pre-university education, aged at least 15 years; g) 20% of the average net earnings on the economy, in the case of beneficiaries of professional integration aid, which come from among graduates of higher education institutions. (1 ^ 1) Professional integration aid can benefit only once for each form of graduate education. (2) Unemployment aid calculated according to the provisions of para. ((1) may not exceed the amount representing 55% of the average net earnings on economy at the date of establishment of rights. --------------- Alin. ((1) of art. 4 4 has been amended by art. 9 of EMERGENCY ORDINANCE no. 47 47 of 2 September 1997 published in MONITORUL OFFICIAL no. 231 231 of 4 September 1997; amended by LAW no. 126 126 of 22 June 1998 published in MONITORUL OFFICIAL no. 229 229 of 24 June 1998. Alin (1 ^ 1) of art. 4 4 was introduced through the art. 9 of EMERGENCY ORDINANCE no. 47 47 of 2 September 1997 published in MONITORUL OFFICIAL no. 231 231 of 4 September 1997; amended by LAW no. 126 126 of 22 June 1998 published in MONITORUL OFFICIAL no. 229 229 of 24 June 1998. Alin. ((2) of art. 4 4 has been amended by art. 9 of EMERGENCY ORDINANCE no. 47 47 of 2 September 1997 published in MONITORUL OFFICIAL no. 231 231 of 4 September 1997; amended by LAW no. 126 126 of 22 June 1998 published in MONITORUL OFFICIAL no. 229 229 of 24 June 1998. + Article 5 In order to be able to benefit from unemployment benefits or professional integration aid, the persons referred to in art. 2 2 and 3 must meet the following conditions: a) to be registered at the labor offices of the county employment and social protection department or within the General Directorate of Labour and Social Protection of the Municipality of Bucharest, where they have their domicile or, as the case may be, where they have residence, if they had the last job in that locality; b) the state of health, proven with medical certificate, to allow them to be employed. + Article 6 (1) Do not benefit from unemployment or professional integration aid: a) persons holding, together with family members, agricultural land in the area of at least 20,000 m². in the areas of the hills and the lowlands and at least 40,000 m². in mountain areas; 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 20% of the average net earnings on economy in the date of establishment of rights; c) persons who have been offered work corresponding to the training and level of studies, personal situation and state of health, located at a distance of no more than 50 km from the locality of residence, or to whom they were recommended by the offices the workforce, in writing, to pursue qualification, retraining, refresher or, where appropriate, other forms of professional training and have unduly refused the offer or recommendation; d) persons who meet conditions of enrolment in retirement; " ((2) The situations referred to in lett. a) and b) from par. (1) shall be proved with acts issued by the local council of the locality of domicile, respectively by the territorial financial bodies, and by self-declaration of the employee. ----------------- Lit. b) a par. ((1) of art. 6 6 has been amended by art. 9 of EMERGENCY ORDINANCE no. 47 47 of 2 September 1997 published in MONITORUL OFFICIAL no. 231 231 of 4 September 1997. Lit. d) a par. ((1) of art. 6 6 has been amended by art. 9 of EMERGENCY ORDINANCE no. 47 47 of 2 September 1997 published in MONITORUL OFFICIAL no. 231 231 of 4 September 1997. + Article 7 (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. b) acquire the right to receive unemployment benefits from the date of the final decision of reintegration, of the order of removal from prosecution or of release or of the final decision of acquittal, if they have registered with the office of force of work within 30 days of 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 employed 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 the workforce or other competent bodies, according to the law, requesting employment their 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. (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 from the expiry of the 60-day and 30-day periods referred to in art. 3 + Article 8 (1) Unemployment aid or professional integration aid shall be paid at the request of persons entitled according to the law. (2) Unemployment aid or professional integration aid shall be paid from the date of acquisition of the right. Retroactively cannot be paid for a period of more than 30 days from the date of registration of the payment request. + Article 9 Applications for the payment of unemployment benefits or professional integration aid are addressed to the county employment and social protection departments and the General Directorate of Labour and Social Protection of Bucharest. + Article 10 Unemployment benefits and professional integration aid shall be paid for a period of not more than 270 calendar days. If during this period the directions of work and social protection organize 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 forced to follow them. + Article 11 (1) Persons who attend the qualification, retraining, improvement or, as the case may be, other forms of professional training, organized according to the law, have the obligation at graduation to fall within the units to which they are assigned. (2) Graduates who refuse, without thorough reasons, the distribution of work, according to the provisions of art. 20 20 para. ((1) lit. d) of this law, have the obligation to pay back the tuition expenses. At the time of registration for courses, 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. + Article 12 (1) Persons who have benefited from unemployment benefit or 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 integration. (2) Persons who meet the conditions laid down in art. 6. (3) The situations provided in par. (2) shall be proved by self-declarations of the holder. ----------------- Alin. ((2) of art. 12 12 has been amended by art. 9 of EMERGENCY ORDINANCE no. 47 47 of 2 September 1997 published in MONITORUL OFFICIAL no. 231 231 of 4 September 1997. + Article 13 (1) The support allowance is an amount equal to 60% of the unemployment benefit and the professional integration aid. (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 period of support, through the forms of education provided by law, in trades and specialties whose duration does not exceed the duration of the support allowance. ----------------- Alin. ((1) of art. 13 13 has been amended by art. 9 of EMERGENCY ORDINANCE no. 47 47 of 2 September 1997 published in MONITORUL OFFICIAL no. 231 231 of 4 September 1997. + Article 14 (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 a part of the price of medicines according to the regulations + Article 15 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. + Article 16 Persons who have lost all or part of their ability to work in the period for which they are entitled to receive unemployment benefits, professional integration aid or support allowance and as follows a qualification course, retraining, improvement or, where appropriate, other forms of professional training shall benefit from the social security rights provided for by the law for persons employed, including invalidity pension. + Article 17 (1) The beneficiary of the unemployment benefit of the professional integration aid or of the 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 provided in art. 6 6 para. ((1) lit. a) and b) or meets conditions of enrolment in retirement for the work done and the age limit or follows higher forms of professional training 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. 12. (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. + Article 18 The status of beneficiary of unemployment benefits, of professional integration aid or of the support allowance and the fulfilment of the obligation provided for in art. 17 prove with the record book, issued and targeted monthly by the office of the labor force. + Article 19 (1) The unemployment benefit, the professional integration aid 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, on the basis of the identity card and the record book. (2) The unemployment benefit, the professional integration aid 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, professional integration aid or unearned support allowance, for those that are maintenance obligations, as well as for damages caused by intentional crimes committed against life, health and bodily integrity. + Article 20 ((. The payment of unemployment benefits, professional integration aid or support allowance shall cease in the following situations: a) to meet the deadlines provided for in art. 10, respectively art. 12 12 para. ((1); 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 an indefinite or determined employment contract, 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 course or other form of professional training organized according to art. 10 10 and art. 13 13 para. ((2) and (3) or, as the case may be, on the date of interruption or non-graduation of courses on grounds attributable to beneficiaries. ((. The payment of unemployment benefits, professional integration aid or support allowance shall be suspended: a) in case of non-fulfilment of the obligation provided in 17 17; 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. f) for the period for which the holder receives compensation payments. ----------------- Lit. f) a par. 2 2 of art. 20 20 was introduced by art. 63 of EMERGENCY ORDINANCE no. 98 98 of 24 June 1999 published in MONITORUL OFFICIAL no. 303 303 of 26 June 1999. + Article 21 Persons who have been reintegrated into work by the competent jurisdiction bodies and who have been awarded compensation for the non-working period will return the unemployment benefit or, as the case may be, the support allowance received over the same period of time. + Chapter 3 Establishment and use of the fund to pay unemployment benefits + Article 22 The fund required for the payment of unemployment benefits, professional integration aid 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 income declared in the insurance contracts social by natural persons authorised to perform an individual activity and family associations operating under Decree-Law no. 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) do not cover payments due. + Article 23 (1) The Fund provided for in Article 22 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 to the following periods without the obligation to be paid to the state budget. (3) For the term non-burning of the amounts provided in art. 22 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 territorial directorates of the Ministry of Labour and Social Protection can order the respective amounts from the accounts of economic agents, by introducing collection provisions, which constitute enforceable securities, which the banking bodies are obliged to execute them without the consent of the 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. + Article 24 (1) Of the fund constituted according to art. 22 and 23 of this law will be made payments for: a) covering the expenses related to the administration and management of the Fund for the payment of unemployment b) the coverage of expenses for the qualification, requalification and improvement of the unemployed, those who benefit from the aid of professional integration and the support allowance; c) the use of a part of up to 10% of the interest constituted to the fund for the payment of unemployment benefits, 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 retraining, for repairs to buildings and other fixed assets from their endowment, as well as for personnel expenses; d) the granting of loans on favorable terms, with a interest of 50% of the official account fee established by the National Bank of Romania at the deposit constituted with the banking company designated by auction, for the establishment or development of small and medium-sized enterprises or cooperative units, with no more than 200 employees or, as the case may be, cooperators, in order to create new jobs, especially for the unemployed. The Ministry of Labour and Social Protection will transfer, semi-annually, to the account of the banking company authorized to grant loans, part of the Fund for the payment of unemployment benefits, within the limits of the amount approved by the state social insurance e) the coverage of expenses related to compensatory payments granted to employees whose individual employment contracts will be opened as a result of collective redundancies; f) covering expenditure on carrying out active measures to combat unemployment. g) coverage of expenditure on payments to be granted to natural or legal persons who are graduates h) coverage of expenses on the retraining of graduates classified by legal entities under the law. i) covering the expenses for granting loans to companies in the restructuring process, in order to support recovery and economic recovery measures; j) coverage of expenditure on payments for persons employed by commercial companies benefiting from loans, with a view to the application of recovery and economic recovery measures. (2) In order for a small or medium-sized enterprise or a cooperative unit to be able to benefit from loans according to art. 24 24 para. ((1) lit. d) must meet the following conditions: a) to hire unemployed, at least 50% of the number of new jobs-created by using the loans granted. If the beneficiary of the loans lay off persons employed under the above conditions, before 3 years of employment, he or she is obliged, on the places that have become vacant, for whatever reasons, to fall personally from the same category, in a the period not exceeding 30 days from the date on which they became vacant. In case of non-compliance with this condition, the economic agent will bear a penalty equal to the size of the credit granted for each job created and unoccupied. Penalties are poured into the Fund for the payment of unemployment benefits. 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. d) new jobs, considered when granting credits under the conditions of par. ((1) lit. d), not to be the result of staff redundancies in the last 12 months prior to the conclusion of the credit agreement (3) The maximum duration of credit may be up to 3 years, including grace period. If the economic operator requests a new credit, it may be granted subject to the full payment of the previous credit. (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, the establishment of the fund for lending. The government will consult 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 loans from the fund for the payment of unemployment benefits will be determined by methodological norms of the Ministry of Labour and Social Protection and of the National Bank of Romania. ----------------- Lit. a) a par. ((1) of art. 24 24 has been amended by art. 9 of EMERGENCY ORDINANCE no. 47 47 of 2 September 1997 published in MONITORUL OFFICIAL no. 231 231 of 4 September 1997. Lit. d) a par. ((1) of art. 24 24 has been amended by art. 1 of LAW no. 65 65 of 21 April 1997 published in MONITORUL OFFICIAL no. 74 74 of 24 April 1997. Lit. e) and f) of par. 1 1 of art. 24 24 were introduced by art. 26 of EMERGENCY ORDINANCE no. 9 9 of 14 April 1997 published in MONITORUL OFFICIAL no. 64 64 of 15 April 1997 (repealed by EMERGENCY ORDINANCE no. 98 98 of 24 June 1999 )); have been modified by art. 63 of EMERGENCY ORDINANCE no. 98 98 of 24 June 1999 published in MONITORUL OFFICIAL no. 303 303 of 29 June 1999. Lit. g) and h) of par. ((1) art. 24 were introduced by EMERGENCY ORDINANCE no. 35 35 of 8 July 1997 published in MONITORUL OFFICIAL no. 151 151 of 11 July 1997. Lit. i) and j) of par. ((1) of art. 24 24 was introduced by art. 63 of EMERGENCY ORDINANCE no. 98 98 of 24 June 1999 published in MONITORUL OFFICIAL no. 303 303 of 29 June 1999. The introductory part of para. ((2) of art. 24 24 has been amended by art. 1 of LAW no. 65 65 of 21 April 1997 published in MONITORUL OFFICIAL no. 74 74 of 24 April 1997. Letter a) a par. ((2) of art. 24 24 has been amended by art. 1 of LAW no. 65 65 of 21 April 1997 published in MONITORUL OFFICIAL no. 74 74 of 24 April 1997. Lit. d) a par. ((2) art. 24 was introduced by Article 1 of LAW no. 65 65 of 21 April 1997 published in MONITORUL OFFICIAL no. 74 74 of 24 April 1997. Alin. ((3) art. 24 24 was amended by Article 1 of LAW no. 65 65 of 21 April 1997 published in MONITORUL OFFICIAL no. 74 74 of 24 April 1997. + Article 25 (1) They have priority in obtaining the credits of the unemployed who undertake to constitute enterprises, under the conditions provided in art. 24 24 para. ((1) lit. d) and art. 24 24 para. ((2) of this Law. (2) In obtaining credits, the unemployed in the counties that have an unemployment rate higher than the average per country. + Chapter 4 Final provisions + Article 26 For the pursuit of the activity on the establishment and payment of unemployment benefits, the professional integration aid and the support allowance provided by law, the Ministry of Labour and Social Protection, as well as the work directions and Social protection is a specialized body of control. The number of staff of the control body, as well as the way of its payroll are established by Government decision. + Article 27 (1) It constitutes contraventions and is sanctioned as follows: a) fine from 10,000 to 20,000 lei, non-compliance with art. 17 17 para. ((2) and (3); b) with a fine of 15,000 to 30,000 lei, non-compliance with art. 33 33; c) with a fine of 100,000 to 200,000 lei, the term non-burning of the amounts provided in art. 22 22 a, b) and c) establishing the fund for the payment of unemployment benefits, professional integration aid and support allowance; (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 provided for in 26, 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. 26 is empowered to find contraventions and to apply sanctions and for the acts provided for in Accounting Law no. 82/1991 and in Government Decision no. 720/1991 approving the rules for the organization and exercise of financial control, committed in connection with the establishment and use of the fund for the payment of unemployment benefits. (5) The provisions of this Article shall be supplemented by provisions Law no. 32/1968 * *) on the establishment and sanctioning of contraventions. ----------------- * *) See ORDINANCE no. 2 2 of 12 July 2001 , on the legal regime of contraventions, published in the OFFICIAL GAZETTE no. 410 410 of 25 July 2001, which repeals Law no. 32/1968 . + Article 28 Refusal to make available or to release the control body the documents and data necessary to verify the establishment and use of the fund for the payment of unemployment benefits constitutes a crime and is punishable by imprisonment from 3 months to a year or a fine. + Article 29 (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 General Directorate of Labour and Social Protection of the Municipality of Bucharest, which constitutes enforceable title. (3) Persons who, by non-compliance with the legal provisions, determine the payment of undue amounts from the fund for the payment of unemployment benefits are obliged to their restitution, according to the law. + Article 30 (1) Within 90 days of the entry into force of this law, the Government shall establish by decision *) the establishment, organization and functioning of the centers for the qualification and retraining of persons receiving unemployment benefits, as well as the rights and obligations of those persons. (2) The Government has the obligation to ensure, no later than 3 years after the entry into force of this Law, a material basis corresponding to the proper conduct of the process of qualification, retraining and improvement of the unemployed. (3) The qualification and requalification centers will be organized by taking over spaces from the educational network that no longer justify their operation, other existing spaces, as well as by taking over the necessary personnel from these units. (4) The qualification and retraining centres will operate under the labour and social protection departments. (5) In order to ensure the use of all existing possibilities, the directions of work and social protection will be able to organize qualification, retraining, refresher courses or, as the case may be, other forms of professional training of persons who receive unemployment benefits, professional integration aid or support allowance and in vocational schools or other similar establishments. + Article 31 The procedure for receiving and settling applications for payment of unemployment benefits, professional integration aid and support allowance will be established within 15 days **) from the publication of the law, by order of the Minister of Labour and Protection social, which will be published in the Official Gazette of Romania. + Article 32 Disputes concerning the establishment and payment of unemployment benefits, professional integration aid and the support allowance shall be settled by the courts, according to the procedure applicable to labour disputes. + Article 33 The units have the obligation to communicate to the labor offices all vacancies within 3 days from the date when they became vacant, and the directions of work and social protection have the obligation to keep records and display jobs. vacations. + Article 34 (1) Persons referred to in art. 2, which are unframed at work on the date of entry into force of this law and are registered with the labor offices, benefit from unemployment benefits from the date of application. (2) If the persons referred to in par. ((1) are not registered with the labor offices, they acquire the right of unemployment benefits after 30 days from the date of registration. + Article 35 For the purposes of this law, family members are understood by their spouse, wife and other dependents, according to the law. + Article 36 (1) On the date of entry into force of this Law, the provisions Government Decision no. 758/1990 on the salarization of personnel, temporarily, become available. (2) Funds established on the basis of Decree-Law no. 144/1990 for the extension of the application period Decree-Law no. 25/1990 on the use and salary of staff during periods of interruption of activity shall be transferred to the account of the fund for the payment of unemployment benefits. ((3) Provisions art. 20 20 of Law no. 3/1977 on state social insurance and social assistance pensions and of art. 51 51 of Law no. 5/1973 amend the provisions of this law accordingly. (4) This law shall enter into force within 30 days of its publication in the Official Gazette of Romania. -------------------- * *) See Government Decision no. 288/1991 , published in the Official Gazette of Romania, Part I, no. 104 104 of 15 May 1991, as amended by Government Decision no. 171/1994 , published in the Official Gazette of Romania, Part I, no. 110 110 of 29 April 1994. **) The term of 15 days flows from the date of publication of the present law in the Official Gazette of Romania. --------------------