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Law No. 108 Of 24 June 1997

Original Language Title:  LEGE nr. 108 din 24 iunie 1997

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LEGE no. 108 108 of 24 June 1997 for approval Government Emergency Ordinance no. 9/1997 on some protection measures for persons whose individual employment contracts will be opened as a result of collective redundancies through the application of restructuring, privatization, liquidation
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 132 132 of 26 June 1997



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 9 9 of 14 April 1997 on some protection measures for persons whose individual employment contracts will be opened as a result of collective redundancies through the application of restructuring, privatization, liquidation, published in the Official Gazette of the Romania, Part I, no. 64 of 15 April 1997, with the following amendments: 1. Article 1 shall read as follows: "" Art. 1. -Employees of companies in which the State holds at least one third of the total voting rights in the general assembly, as well as autonomous regions, which record losses, arrears or negative financial flows, the contracts of which individual work will be opened as a result of collective redundancies, carried out in the process of restructuring, privatization, liquidation, benefit from the protection measures provided for in this emergency ordinance. " 2. Article 4 (1) (a) shall read as follows: " a) the decision of the general meeting of the shareholders of the company in which the State holds at least one third of the total voting rights in the general assembly or, where applicable, the board of directors of the autonomous direction, showing that companies or autonomous regions shall record losses, arrears or negative financial flows; " 3. Article 5 (1) shall read as follows: "" Art. 5. -(1) Commercial companies or autonomous regions for which the restructuring, privatization, liquidation programs have been approved, according to art. 3 and 4, will communicate to trade union organizations, constituted at the level of companies or autonomous regions, or to employees ' representatives measures to lay off staff, as well as information on the number of employees who are to be made redundant, the reasons for these measures, as well as the period during which collective redundancies will be carried out. " 4. Article 7 (4) shall read as follows: " (4) The management of companies or autonomous regions, with the agreement of trade union organizations or employees ' representatives, may establish additional criteria outside those provided in par. ((1)-(3). ' 5. Article 9 shall read as follows: "" Art. 9. -The Ministry of Labour and Social Protection, through the general directions of work and county social protection, respectively of the city of Bucharest, has the obligation to grant collective predismissal services in assisting companies and autonomous regions in the development of retraining programmes, as well as in the preparation and individual orientation of employees. " 6. Article 11 shall read as follows: "" Art. 11. -For the coordination of the activities provided in 9 and 10, the National Committee for the Coordination of Active Unemployment Measures, a tripartite body, with an advisory role, whose composition will be approved by Government decision, at the proposal of the Ministry of Labour and Protection Social. " 7. Article 12 shall read as follows: "" Art. 12. -For the application, locally, of the active measures to combat unemployment, are constituted county coordination committees, respectively of the city of Bucharest, advisory bodies, coordinated by the prefect, which will include representatives of county or local councils, you have the decentralized services of the ministries, the State Property Fund, the trade union and employers ' organizations. " 8. Article 14 (b), c) and e) shall read as follows: " b) propose the priorities of the Rapid Intervention Group; c) proposes the priorities, at national level, the types of intervention and the programs of active measures submitted by the county coordination committees; " "e) coordinate and follow the activity of the county coordination committees, respectively of the city of Bucharest, intended to carry out active measures." 9. Article 15, the introductory part, shall read as follows: "" Art. 15. -The county coordination committees, respectively of the city of Bucharest, have the following main tasks: " 10. Article 18 (2) shall read as follows: " (2) The campaign for polling and information of public opinion, on the implementation of active measures to combat the unemployment provided for in this emergency ordinance, will be financed from the sources mentioned in par. ((1). ' 11. Article 20 (2) shall read as follows: " (2) Total amount of money, granted according to par. (1), shall be increased by no more than three average net salaries on the economy, in the following situations: a) the beneficiary is domiciled in a geographical area with an unemployment rate of at least 12%; b) the beneficiary resides in a geographical area where there is a limited number of professional activities; c) the beneficiary exercises a profession, a profession or an occupation of strict specialty. " 12. Article 23 shall read as follows: "" Art. 23. -(1) The amounts of money related to compensatory payments shall be transferred by the general directorates of labor and county social protection, respectively of the city of Bucharest, in personal accounts, interest-bearing, open on behalf of the beneficiaries House of Savings and Consemnations. (2) For the opening of personal current accounts and for the operations carried out in them no fee is charged to the beneficiary of compensation payments. (3) For the amounts of money related to compensatory payments, transferred to special personal accounts, and for subsequent regularizations, the Ministry of Labor and Social Protection will pay the House of Savings and Consemnations a commission of up to 2%, established by convention, similar to that provided for the collection of budget revenues. " 13. Article 27 shall become Article 28 and Article 28 shall become Article 27. This law was adopted by the Senate at the meeting of June 5, 1997, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT CRISTIAN DUMITRESCU This law was adopted by the Chamber of Deputies at the meeting of June 10, 1997, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN ------------------