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Law No. 145 Of 9 July 1998 On The Establishment, Organization And Functioning Of The National Agency For Employment And Vocational Training

Original Language Title:  LEGE nr. 145 din 9 iulie 1998 privind înfiinţarea, organizarea şi funcţionarea Agenţiei Naţionale pentru Ocupare şi Formare Profesională

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LEGE no. 145 145 of 9 July 1998 on the establishment, organisation and functioning of the National Employment and Training Agency * *) ((updated to 2001 *)
ISSUER PARLIAMENT




------------- *) The initial text was published in the OFFICIAL GAZETTE no. 261 261 of 13 July 1998. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. until July 06, 2001, with the amendments and additions made by: EMERGENCY ORDINANCE no. 98 98 of 24 June 1999 ; EMERGENCY ORDINANCE no. 77 77 of 16 June 2000 REJECTED by LAW no. 310 310 of 18 June 2001 ; EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 ; LAW no. 312 312 of 18 June 2001 ; LAW no. 340 340 of 06 July 2001 . **) The title of the law changes art. 1 of EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 published in MONITORUL OFFICIAL no. 707 of December 30, 2000 and will have the following contents: Law on the establishment, organization and functioning of the National Employment Agency. The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 (1) The National Agency for Employment and Vocational Training, a public institution of national interest, with legal personality, is established. (2) The National Agency for Employment and Training organizes and coordinates, at national level, the employment and training activity of the workforce, as well as the protection of persons not employed. (3) The National Agency for Employment and Training is based in Bucharest. + Article 2 (1) For the organization and coordination of the employment and training activity of the labor force, at the county level and of the city of Bucharest, shall be established, subordinated to the National Agency for Employment and Vocational Training, agencies for employment and county professional training and Bucharest municipality, units with legal personality. (2) The agencies for county employment and training and the city of Bucharest may set up subunits for the provision of services for employment and vocational training. (3) The National Agency for Employment and Training may set up in its structure specialized compartments for the preparation of its personnel, the collection and processing of data on the labor market, as well as for the conduct of other specific activities necessary to achieve its objectives under the conditions laid down in the Statute. + Chapter 2 Tasks of the National Agency for Employment and Training + Article 3 The main objectives of the National Agency for Employment and Training are: a) institutionalization of social dialogue in the field of employment and training; b) implementation of strategies in the field of employment and training; c) the application of social protection measures of persons not employed. + Article 4 In order to achieve its objectives, the National Agency for Employment and Training has, mainly, the following tasks: a) organize employment services; b) organize, provide and finance, under the law, vocational training services for persons not employed; the same services can be organized, with payment, and for other interested individuals or legal entities; c) guide people in search of a job and mediate between them and employers in the country, in order to achieve the balance between supply and demand in the internal labour market; d) make proposals on drafting the draft budget of the Fund for the payment of unemployment benefits; e) administer the budget of the Fund for the payment of unemployment benefits and submit quarterly and annual reports on budget execution to the Ministry of Labour and Social Solidarity f) proposes to the Ministry of Labour and Social Protection draft normative acts in the field of employment and vocational training and social protection of persons not employed; g) develop studies and analyses in the field of employment and vocational training, which will be used by the Ministry of Labour and Social Protection to develop strategies in this field. h) approves the restructuring programs for the companies to which the shareholders are natural or legal persons other than the State, and who hold ownership of a stake representing more than two thirds of the total voting rights in the general assembly. i) organize the services of establishment, payment and record of the aid, allowances and allowances financed from the budget of the Fund for the payment of unemployment benefits; j) elaborates, on the basis of social performance indicators established by the Ministry of Labour and Social Solidarity, annual activity programmes which he submits for approval to the Minister of Labour and Social Solidarity; the provisions of these programs are made by the Ministry of Labour and Social Solidarity on the basis of quarterly and annual reports of the National Employment Agency. ----------------- Lit. h) a art. 4 was introduced by EMERGENCY ORDINANCE no. 98 98 of 1999 published in MONITORUL OFFICIAL no. 303 303 of 29 June 1999; amended by art. 2 of EMERGENCY ORDINANCE no. 77 77 of 16 June 2000 published in MONITORUL OFFICIAL no. 283 283 of 22 June 2000, REJECTED LAW no. 310 310 of 18 June 2001 ;; amended by Law no. 312 312 of 18 June 2001 published in the Official Gazette no. 365 365 of 6 July 2001; Letters b), c) and e) of art. 4 4 have been modified by art. 1 of EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000. Lit. b) and c) art. 4 were amended by LAW no. 340 340 of 06 July 2001 published in MONITORUL OFFICIAL no. 378 378 of 11 July 2001. Letters i) and j) of art. 4 4 were introduced by art. 1 of EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000. + Article 5 Other duties of the National Agency for Employment and Training, as well as the duties of the county employment and training agencies and the city of Bucharest can be established by the statute of the National Employment Agency and Professional Training, in compliance with the provisions of art. 3. + Article 5 ^ 1 Carrying out their duties, according to the law, to the National Employment Agency, as well as the annual activity program provided for in art. 4 lit. j) is subject to the control of the Ministry of Labour and Social Solidarity, through its specialized central bodies. ----------------- Article 5 ^ 1 was introduced by art. 1 of EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000; amended by LAW no. 340 340 of 6 July 2001 published in MONITORUL OFFICIAL no. 378 378 of 11 July 2001. + Article 6 (1) The National Agency for Employment and Training ensures, without payment, under the law, employment and training services of interested natural or legal persons. (2) The main employment and vocational training services, provided by the National Agency for Employment and Training, are: 1. Services for individuals: a) the orientation and counseling of persons not assigned to work and other persons, in order to find a job; b) qualification and retraining of persons not employed; c) professional retraining of staff from economic agents subject to restructuring, in order to prevent unemployment; d) establishment and payment, according to the law, of the social protection rights of persons not employed and other socio-professional categories. 2. Services for legal entities: a) mediation between supply and demand on the labour market; b) selection of candidates for employment; c) the application of incentives for job creation; d) advice for the creation of small and medium enterprises. + Article 7 (1) The National Agency for Employment and Vocational Training may entrust, under the law, employment and training services to public or private sector providers. (2) The accreditation criteria of the employment service providers shall be established by Government decision. ----------------- Alin. ((2) of art. 7 7 has been amended art. 1 of EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000. + Chapter 3 Organization, operation and management of the National Agency for Employment and Training + Article 8 (1) The National Employment and Training Agency shall be headed by the Management Board. (2) The Management Board shall consist of representatives of central public administration bodies, as well as of employers ' and trade union organizations, representative at national level. + Article 9 *) (1) The Board of Directors of the National Employment Agency shall be composed of 15 members, as follows: a) 5 members, representatives of the Government, appointed by the Minister of Labour and Social Solidarity, of which a member is State Secretary in the Ministry of Labour and Social Solidarity and has the status of President of the National Agency for Employment, appointed by the Prime Minister; b) 5 members appointed by consensus of representative employers ' associations at national level; c) 5 members appointed by consensus of representative trade union organisations at national level. (2) National employers ' associations and trade union organisations meeting the conditions laid down by the Law no. 130/1996 on the collective agreement, republished. ---------------- Article 9 has been amended by art. 1 of EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000. * *) See DECISION no. 270 of 2 December 1998 on the appointment of Government representatives to the Board of Directors of the National Agency for Employment and Vocational Training published in the Official Gazette no. 60 60 of 11 February 1999. + Article 10 The duties of the Board shall be determined by statute. + Article 11 The Management Board shall adopt decisions in the fields provided for in the + Article 12 (1) The term of office of the members of the board of directors shall be (. During the term of office, the members of the board of directors may be revoked by those who appointed them. (3) In case of vacancy of the seats on the board as a result of resignation, revocation or death, new members will be appointed until the end of the original mandate. + Article 13 (. The Management Board shall be legally constituted as of the date on which at least 11 of its members are appointed, each party being represented on the Board. (. The Board of Directors shall meet monthly or whenever necessary, at the request of the President or of one third of the number of its members. (3) The Board of Directors shall lawfully operate in the presence of at least 11 of its members. (. The decisions of the Management Board shall be adopted by the vote of at least two thirds of the members present, provided that each party is represented. + Article 14 *) (1) The chairman of the board of directors is also the chairman of the National Employment and Training Agency. (2) The term of office of the President shall be terminated by the President. (3) The appointment of the President shall be for a period of 4 years. (4) The mandate ceases by resignation, by revocation by the Prime Minister, on the reasoned proposal of the Minister of Labour and Social Protection, or by death. --------------- Article 14 has been amended by art. 1 of EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000. Alin. ((2) art. 14 14 was amended by LAW no. 340 340 of 6 July 2001 published in MONITORUL OFFICIAL no. 378 378 of 11 July 2001. * *) See DECISION no. 292 292 of 15 December 1998 on the appointment of the President of the Council of Administration of the National Agency for Employment and Training published in the Official Gazette no. 60 60 of 11 February 1999. + Article 15 (1) The President represents the National Agency for Employment and Vocational Training in relations with third parties. (2) The Minister of Labour and Social Protection will delegate, every year, his duties as principal authorising officer for the budget of the Fund for the payment of unemployment benefits, after his approval, to the President of the National Employment Agency and Vocational Training. (. The President shall exercise other duties, which shall be established by statute. ----------------- Alin. ((2) of art. 15 15 has been amended by art. 1 of EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000. + Article 16 (1) The operative management of the activity of the National Agency for Employment and Vocational Training shall be exercised by an executive general manager appointed by the President. (2) The occupation of the post of executive general manager is done by competition, under the law. + Article 17 ((1) The agencies for county employment and training and the city of Bucharest are headed by an executive director, appointed by the president of the National Agency for Employment and Vocational Training. (2) The occupation of the post of executive director is done by competition, under the law. + Article 18 (1) In order to solve the problems related to the activity of the county employment and training agencies and the city of Bucharest, the executive directors are supported by an advisory council, consisting of 15 members, representing local public authorities, trade union and employers ' organisations, as follows: a) 5 members, by the prefect, representing the local public authorities; b) 5 members appointed by consensus of representative trade union organisations at national level; c) 5 members appointed by consensus of representative employers ' associations at national level. ((1 ^ 1) In order to appoint members to the advisory councils of the county employment agencies and the city of Bucharest, the trade union organizations and the representative employers ' associations at national level will establish, by consensus, the representativeness at the territorial level of the trade union organizations, respectively of the employers ' associations, as well as the number of places they return to the advisory councils in each county and in Bucharest. (2) The duties of the advisory council are established by statute. (3) Provisions art. 12 12 shall also apply in the case of members of the Advisory Councils. ----------------- Lit. b) and c) of par. ((1) of art. 18 18 have been modified by art. 1 of EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000. Alin. ((1 ^ 1) of art. 18 18 was introduced by art. 1 of EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000. + Chapter 4 Transitional and final provisions + Article 19 (1) Salarisation and other rights of the President and staff of the National Employment and Training Agency's own apparatus and the allowances of the members of its board of directors, as well as payroll and other rights of the staff of the county employment and training agencies and the city of Bucharest and the allowances of the members of their advisory councils shall be established by law. (2) Until the entry into force of the law provided in par. (1), the salary of the staff of the National Agency for Employment and Vocational Training shall be made in accordance with the provisions of Annex no. 8 8 and Annex no. 9 9 to Law no. 40/1991 on the remuneration of the President and the Government of Romania, as well as of the staff of the Presidency, Government and other bodies of executive power, republished, with subsequent amendments and completions, of Government Decision no. 281/1993 on the payroll of the staff in the budget units, as amended, and the Government Ordinance no. 39/1994 on the establishment of basic salary ranking coefficients for staff in the budget sector, republished, as amended. (3) Until the entry into force of the law provided in par. (1) The members of the Board of Directors of the National Employment Agency, who attend meetings, with the exception of the President, shall receive a meeting allowance of 10% of the monthly allowance of a Secretary of State. The total amounts due to a member of the board as a result of participation in meetings may not exceed in a month 20% of the monthly allowance of a Secretary of State. (4) The provisions of the preceding paragraph shall also apply accordingly to members of the Advisory Councils, their rights being calculated in relation to the monthly salary of the Executive Director. ((5) Equivalence of the management and execution functions of the personnel of the National Agency for Employment and Vocational Training and of the county employment and training agencies and of the city of Bucharest shall be made in accordance with the table set out in the Annex forming an integral part of this Act ----------------- Alin. ((3) of art. 19 19 has been amended by art. 1 of EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000. + Article 20 (1) The personnel taken over by the National Agency for Employment and Vocational Training and by the county employment and training agencies and the city of Bucharest from the Ministry of Labour and Social Protection, from the directions general labor and social protection of the county and of the city of Bucharest and, respectively, from the centers of qualification, requalification and improvement of the unemployed is considered transferred in the interest of the service. (2) The staff provided in par. (1) will retain the basic salary and the other salary rights previously had, if it occupies the same functions, degrees and professional steps. (3) The number of posts in the structure of the Ministry of Labour and Social Protection, which will be taken over by the National Agency for Employment and Vocational Training, shall be determined by protocol concluded between the two institutions, in relation to the provisions of art. 3 3, art. 4 4 and art. 21 21 para. ((1) of this Law. (4) Within 30 days from the date of taking over the staff by the National Agency for Employment and Training, the Government will modify, accordingly, the attributions and organizational structure of the Ministry of Labour and Protection Social. + Article 21 (1) The National Agency for Employment and Vocational Training and, respectively, the county employment and training agencies and the city of Bucharest take over into administration, on the basis of protocol, from the Ministry of Labour and Social Protection The fund for the payment of unemployment benefits, land, premises and goods used by the General Directorate for labour and unemployment within the ministry, namely those used by labour and unemployment offices in the general directions of work and county social protection and the city of Bucharest, by the qualification centers, requalification and improvement of the unemployed, as well as other movable and immovable property. (2) The National Agency for Employment and Training has the right of administration on movable and immovable property acquired from its own activities, subsidies, donations or other sources. (3) For the development of own activities, central or local public authorities may assign, under the conditions provided by law, land, buildings and spaces to the National Agency for Employment and Training, respectively to the agencies for employment and county professional training and the city of Bucharest. (4) The National Agency for Employment and Training may make investments, according to the law, from the Fund for the payment of unemployment benefits or from other sources established by statute. + Article 22 The expenses related to the organization and functioning of the National Agency for Employment and Training and to the county and county employment and training agencies shall be borne by the budget of the Fund for the payment of the aid of unemployment, within the limits of the amounts approved by it, but not more than 5% of the total annual expenditure. + Article 23 The National Agency for Employment and Vocational Training, as well as the county employment and training agencies and the city of Bucharest will operate as of January 1, 1999. + Article 24 (1) Within 30 days from the date of entry into force of this Law, the social partners, provided in art. 9 9 para. (1), shall appoint a commission to prepare for the application of this law, consisting of 15 members, in the composition provided for in that article. (2) The members of the training committee shall be established under the conditions laid down in 9 9 para. ((1). (3) The training committee shall draw up, within 30 days from the establishment, the draft statute of the National Agency for Employment and Training. The draft statute is approved by Government decision, at the initiative of the Ministry of Labour and Social Protection. (4) The training committee shall cease its activity after the implementation of the draft statute. ------------ See the JUDGMENT no. 4 4 of 14 January 1999 on the approval of the Statute of the National Agency for Employment and Vocational Training published in the Official Gazette no. 14 14 of 20 January 1999. + Article 25 The president of the National Employment and Training Agency will convene the board of directors in its first plenary session, within 15 days of the Government's approval of the status of the National Employment and Training Agency Professional. This law was adopted by the Senate at the meeting of June 2, 1998, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT PETRE ROMAN This law was adopted by the Chamber of Deputies at the meeting of June 23, 1998, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT PAULA MARIA IVANESCU + Annex TABLE on the equivalence of the management and execution functions of the staff of National Agency for Employment and Training ------------------------------------------------------------------------------- Driving functions in the Annex to Law no. 40/1991 , the framework of the National Agency, with which it is republished, for Employment and Training makes subsequent equivalence and completions, Professional according to which is done Function equivalent ------------------------------------------------------------------------------- I. National Agency for Employment and Training Professional: 1. President Secretary of State Annex no. 2 2, position 4 2. Managing Director Executive Undersecretary of State Annex no. 2 2, position 5 II. Agencies for employment and training county professional and the municipality Bucharest: Executive Director General Manager Annex no. 9 9, head. I lit. B, Position 18 ------------------------------------------------------------------------------- NOTE: 1. The management and execution functions of the National Agency for Employment and Training will be subject to the provisions of the art. 33 33 para. ((2) of Law no. 40/1991 , republished, with subsequent amendments and completions. 2. The management and execution functions of the county employment and training agencies and the city of Bucharest will be applied the provisions of section 1 1 of note to Annex no. 9 9 to Law no. 40/1991 , republished, with subsequent amendments and completions. ----------------