Law No. 216 Of 22 December 1997

Original Language Title:  LEGE nr. 216 din 22 decembrie 1997

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Law No. 216 of 22 December 1997 for approval of Government Ordinance No. 22/1997 concerning certain protective measures with regard to what is granted to professionals in the mining industry and of the activities of prospecting and geological explorations, published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 372 of 22 December 1997, the Parliament of Romania adopts this law.


The sole article approving Ordinance No. 22 of 19 august 1997 concerning certain protective measures with regard to what is granted to professionals in the mining industry and of the activities of prospecting and geological explorations, issued pursuant to art. and (b). j) of law No. 134/97 for empowering the Government to issue decrees and published in the Official Gazette of Romania, part I, no. 200 of 20 august 1997, with the following amendments and supplements: 1. Article 1 shall read as follows: Art. 1.-(1) Employees of the autonomous public corporations and companies in the industry and mining from the activities of prospecting and geological explorations, to which the State is a shareholder and holds control package, whose individual contracts of employment shall be disposed of as a result of layoff as defined under art. 2(a) the Emergency Ordinance) from the Government. 9/1997 concerning certain protective measures for people whose individual contracts of employment shall be disposed of as a result of layoff by applying programmes of privatisation, restructuring, liquidation, approved and amended by law No. 108/1997, enjoys the rights provided for by this Ordinance.

(2) the same rights benefit employees of companies detached from the autonomous administrations from mining since 1992, provided that the discharge is made after the entry into force of the Ordinance.
  

(3) these rights benefit the persons referred to in paragraph 1. (1) and (2) to whom loosen contract work at their request.
  

(4) those whose Stations cease individual labour contract, as stipulated in the preceding paragraph, it may not be dissolved and reinfiintate a year earlier. "
  

2. Article 4 shall read as follows: Art. 4.-(1) persons whose individual labour contracts were deployed as a result of the layoff, according to law, and the rights laid down by law No. 1/1991 on social protection of the unemployed and their professional reintegration, republished, with subsequent amendments and additions.

(2) the amounts of the compensatory payments do not constitute a source of income, within the meaning of art. 6 paragraph 1. (1) (a). b) of law No. 1/1991, republished, with subsequent amendments and additions. "
  

3. Article 6, paragraph 4 shall read as follows: "(4) the amounts of the compensatory payment shall be cash related support, in accordance with the provisions of art. 26 of the Emergency Ordinance of Government No. 9/1997, Fund for paying unemployment benefit established by law No. 1/1991, republished, with subsequent amendments and additions, the limit of the amounts provided for them the law the State social insurance budget with this destination. "
4. Article 7 (2) shall read as follows: "(2) the list of persons benefiting from compensatory payments, under this Ordinance, shall be drawn up in accordance with the annex. 2A) rules for the implementation of the provisions of the Emergency Ordinance of Government No. 9/97, approved by Government decision No. 203/1997. "
This law was adopted by the Chamber of deputies at its meeting of 20 November 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT ANDREW JOHN CHILIMAN this law was adopted by the Senate at its meeting of 10 December 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. SENATE CHAIRMAN MIRCEA IONESCU-QUINTUS--------------