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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

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LEGE No. 83 of 21 July 1995 on certain measures for the protection of persons employed
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 166 of 31 July 1995



The Romanian Parliament adopts this law + Chapter 1 Measures for the protection of persons employed + Article 1 (1) The employment of a person shall be carried out by the conclusion of an individual employment contract between the person providing the work and the natural person or the legal person who employs. (2) The person employed shall bring down the quality of the employee and shall have the rights and obligations laid down by the labor law, the collective agreements and the individual employment contract. + Article 2 The employment of a person may also be achieved by the conclusion of a civil service agreement, in the following situations: a) for the provision of work to housing associations; b) for the performance of activities with a duration of no more than 60 days; c) for carrying out activities of a permanent nature that do not exceed, on average, 3 hours per day, in relation to the monthly working hours of 170 hours. + Article 3 (1) The natural person and the legal person, who personally meet the conditions of art. 2, have the obligation to submit the civil convention, in copy, within 5 days from the date of its conclusion, to the county labor and social protection departments and to the General Directorate of Labor and Social Protection of the Municipality of Bucharest in whose the territorial area is their domicile or headquarters. (2) After the expiry of the 5-day period, it is prohibited to natural and legal persons, who have framed persons with non-compliance with the conditions ((1), receiving them at work. + Article 4 (1) Persons who provide services on the basis of civil conventions do not acquire the status of an employee, do not benefit from social security rights nor those provided for in the legislation on the protection of unemployed persons. (2) The natural person and the legal person, who personally fall under civil conventions, do not owe the contribution for the establishment of the Fund for the payment of unemployment benefits. + Article 5 The obligation to register individual employment contracts at the county employment and social protection departments and at the General Directorate of Labour and Social Protection of the Municipality of Bucharest, within 5 days from their conclusion, returns the following categories of employers: a) individuals; b) companies and other categories of economic agents with private or mixed capital; c) associations established according to Law no. 21/1924, as well as the other public associations that are constituted and operate according to the Romanian legislation. + Article 6 (1) Carnets of employment of employees assigned to individuals and legal entities, provided in art. 5, shall be preserved and completed by the county labor and social protection departments and by the General Directorate of Labor and Social Protection of the Municipality of Bucharest. (2) Employers are obliged to submit to the departments of work and county social protection and to the General Directorate of Labour and Social Protection of the Municipality of Bucharest: a) the documents regarding the conclusion, execution, modification and termination of individual employment contracts, within 5 days from their issuance; b) the documents from which the monthly payment of the contribution for state social insurance results, the contribution to the establishment of the Fund for the supplementary pension, as well as the contribution to the establishment of the Fund for the payment of unemployment benefits, of the next month for which these payments were made. + Article 7 (1) At the request of employers, who have the possibility to keep and complete the work books of the employees, the departments of work and county social protection and the General Directorate of Labour and Social Protection of the Municipality of Bucharest may approve these operations to be carried out by them. (2) Employers, provided in par. (1), have the following obligations: a) to present monthly at the directions of work and county social protection and at the General Department of Labor and Social Protection of the Municipality of Bucharest the documents from which the payment of the contribution for state social insurance results, of the contribution to the establishment of the Fund for supplementary pension and the contribution to the establishment of the Fund for the payment of unemployment b) to present the work books of the employees to the departments of work and county social protection and to the General Directorate of Labour and Social Protection of the Municipality of Bucharest, upon the termination of their individual employment contracts, in to certify the legality of the entries made and to be countersigned. + Article 8 (1) The individual labor contracts, concluded by Romanian citizens with diplomatic missions or with foreign consular offices based in Romania, as well as with the Romanian representations of foreign companies, shall be registered with the Labour Office, which operates under the Ministry of Labour and Social Protection. (2) Salariations of legal persons referred to in par. (1) will benefit from social security rights, subject to the payment of social security contributions provided by law. (3) The work card shall be kept and completed by the Labour Office under the Ministry of Labour and Social Protection. + Article 9 (1) Territorial work and social protection departments shall charge a fee of not more than 1% of the salary fund to employers to whom they retain and complete their work books. (2) The conditions for determining the amount of the commission provided in par. (1) shall be established by Government decision. + Chapter 2 Legal liability + Article 10 (1) Failure by the natural person or by the leaders of the legal person who commits the provisions of art. 2 2, art. 3 3 and art. 5 of this law constitutes contravention and is sanctioned with a fine of 500,000 lei to 2,000,000 lei. (2) The limits of the fine shall be doubled in the case of the commission again, within one year from the date of application of the sanction, of the contraventions provided for in the previous paragraph. + Article 11 (1) Failure by the natural person and by the management of the legal person of the obligations provided in art. 6 6 para. ((2) lit. a) and art. 7 7 para. ((2) lit. b) constitutes contravention and is sanctioned with a fine of 500,000 lei to 1,000,000 lei. (2) Failure to fulfill the obligations provided in art. 6 6 para. ((2) lit. b) and art. 7 7 para. ((2) lit. a) attract the payment of penalties provided by law. + Article 12 Finding and sanctioning the contraventions provided in art. 13 and 14 are made, according to the procedure provided by Law no. 32/1968 on the establishment and sanctioning of contraventions, by the staff of the Ministry of Labour and Social Protection, of the county employment and social protection departments and of the General Directorate of Labour and Social Protection of the municipality 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 Protection will establish the procedure for the registration of individual employment contracts, as well as the manner of young record of work performed by employees employers referred to in art. 5. + Article 14 This law shall enter into force within 60 days from the date of its publication in the Official Gazette of Romania. + Article 15 The date of entry into force of this Law shall be repealed art. 4 4 section 4.8 4.8 para. 1, 2 and 3 of the Annex to Government Decision no. 107 107 of 2 March 1992 on the establishment of the Autonomous Regia "Locato" and any other provisions to the contrary. This law was adopted by the Senate at the meeting of June 26, 1995, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN This law was adopted by the Chamber of Deputies at the meeting of June 26, 1995, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE --------------------