Law No. 83 Of 21 July 1995 Concerning Certain Protection Measures With Regard To Persons Placed In Work

Original Language Title:  LEGE nr. 83 din 21 iulie 1995 privind unele măsuri de protecţie a persoanelor încadrate în munca

Read the untranslated law here: https://www.global-regulation.com/law/romania/3070673/-lege-nr.-83-din-21-iulie-1995-privind-unele-msuri-de-protecie-a-persoanelor-ncadrate-n-munca.html

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LAW No. 83 of 21 July 1995 concerning certain protection measures with regard to persons placed in work published in PARLIAMENT ISSUING the OFFICIAL GAZETTE NR. 166 of 31 July 1995, the Romanian Parliament adopts this law.


Chapter 1 protective measures for persons placed in work in article 1 (1) employment of a person's work is accomplished through the conclusion of an individual contract of employment between the person who performs the work of the individual or the legal person who commits.
  

(2) a person in the employee acquires the quality of work and has the rights and obligations provided for in labour legislation, collective bargaining agreements and individual employment contract.
  


Article 2 the employment of a person can be achieved by the conclusion of a Convention and the civil service, in the following situations: (a)) for the provision of labour tenants associations;
  

b) for the fulfilment of tasks with a duration of not more than 60 days;
  

c) for activities on a permanent basis not exceeding, on average 3 hours per day, in comparison with the monthly working 170 hours.
  


Article 3 (1) natural person and legal entity, employing staff under the conditions of art. 2, have the obligation to file the civil Convention in copy, within 5 days from the date of its conclusion, the directions of work and social protection and the Directorate General for employment and social protection Bucharest in whose territorial RADIUS stood their domicile or registered office.
  

(2) after the expiration of 5 days it is prohibited to individuals and legal entities, who have employed people with non-compliance with the conditions laid down in paragraph 1. (1) notification to work.
  


Article 4 (1) persons who provide services under civil agreements did not acquire the status of an employee shall not receive social insurance rights and those provided for in the legislation on the protection of the unemployed.
  

(2) a natural person and legal entity, employing staff under the civil agreements, not due to the contribution of the Fund for paying unemployment benefit.
  


Article 5 obligation to register the individual employment contracts divisions of labour and social protection and the Directorate General for employment and social protection Bucharest, within 5 days after their conclusion, returns the following categories of employers: a) individuals;
  

b) companies and other businesses with private equity or joint;
  

c) associations set up by law No. 21, 1924, as well as other associations with public character, which are constituted and operate according to the Romanian legislation.
  


Article 6 (1) of the Notebooks of employees employed at those natural persons and legal persons as referred to in art. 5, and shall be supplemented by the directorates of labour and social protection and by the Directorate-General for employment and social protection of Bucharest.
  

(2) employers shall be obliged to submit to directions of work and social protection and the Directorate General for employment and social protection Bucharest: a) on the conclusion of acts, execution, modification and termination of individual contracts of employment within 5 days from their issue;
  

b) acts which shows the monthly payment of the contribution to the State social insurance contribution to the supplementary pension fund, as well as the contribution to the Fund for the payment of unemployment benefit, up to the 15th day of the following month for which such payments were made.
  


Article 7 (1) at the request of some employers, who can preserve and complement the work of the Carnets employees, Labor departments and social protection and the Directorate General for employment and social protection Bucharest can endorse as such operations are carried out by them.
  

(2) employers, referred to in paragraph 1. (1) have the following obligations: a to submit monthly) directions of work and social protection and the Directorate General for employment and social protection Bucharest acts resulting from the payment of the contribution to the State social insurance, contribution to the supplementary pension fund, as well as the contribution to the Fund for the payment of unemployment benefit;
  

b) submit employees ' work licenses from the directions of work and social protection and to the Directorate-General for employment and social protection Bucharest, upon the termination of individual contracts of employment, the legality and registrations to be countersigned.
  


Article 8 (1) individual employment contracts, concluded by Romanian citizens with diplomatic missions or consular offices with headquarters in Romania, as well as the subsidiaries in Romania of some foreign firms, are assigned to the Labor Office, which operates under the Ministry of labour and social protection.
  

(2) Employees of legal persons referred to in paragraph 1. (1) will benefit from social insurance rights under condition of payment of social security contributions as provided by law.
  

(3) licenses work shall be kept and shall be completed by the Office in the Ministry of labour and social security.
  


Article 9 (1), the territorial divisions of labour and social protection a fee charged to a maximum of 1% of the payroll employers whom retain complete books.
  

(2) the conditions for determining the amount of the fee referred to in paragraph 1. (1) shall be determined by decision of the Government.
  


Chapter 2 article 10 legal liability (1) the failure by a natural person or legal entity who heads committed to. 2, art. 3 and art. 5 of this law constitutes contravention and shall be sanctioned with a fine of 500,000 to 2,000,000 lei lei.
  

(2) the limits of the fine shall be doubled in the case of again, within one year from the date of application of the penalty, the offences referred to in the preceding paragraph.
  


Article 11 (1) fulfilment by the individual and by the management of the legal person to obligations laid down in article 21. 6 paragraph 1. (2) (a). the art of) and. 7 para. (2) (a). b) constitutes contravention and shall be sanctioned with a fine of 500,000 to 1,000,000 lei lei.
  

(2) failure to comply with the obligations laid down in article 21. 6 paragraph 1. (2) (a). b) and in article 8. 7 para. (2) (a). the payment of penalties) calls as provided by law.
  


Article 12 the finding and sanctioning of offences referred to in articles. 13 and 14 shall be made, in accordance with the procedure laid down by law No. 32/68 on the establishment and sanctioning of offences, the Ministry of labour and social protection, work and directions of social protection and of the Directorate General for employment and social protection Bucharest, empowered by order of the Minister of labour and social protection.


Article 13 within 30 days from the date of entry into force of this law, the Ministry of labour and social security shall determine the procedure for registration of individual contracts of employment, as well as keeping record of the work done by the employees of employers referred to in art. 5. In article 14, the present law shall enter into force within 60 days after its publication in the Official Gazette of Romania.


Article 15 entry into force of the present law shall repeal art. 4 4.8 para. 1, 2 and 3 of the annex to the judgment of the Government. 107 of 2 March 1992 on the establishment of an autonomous public corporation "Locato", as well as any other provisions to the contrary.
This law was adopted by the Senate at its meeting on 26 June 1995, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
SENATE PRESIDENT Prof. Dr. O'LEARY GAITAN this law was adopted by the Chamber of deputies at its meeting on 26 June 1995, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
PRESIDENT Of The CHAMBER Of DEPUTIES ADRIAN NASTASE — — — — — — — — — — — — — — — — — — — —