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

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071308/-lege-nr.-145-din-9-iulie-1998-privind-nfiinarea%252c-organizarea-i-funcionarea-ageniei-naionale-pentru-ocupare-i-formare-profesional.html

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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 *) (updated to 2001 *)-PARLIAMENT ISSUING — — — — — — — — — — *) original text was published in MONITORUL OFICIAL nr. 261 of 13 July 1998. This is the updated form of S.C. "territorial Center of Electronic Computing" until 6 July 2001, with amendments and additions to: EMERGENCY ORDINANCE nr. 98 of 24 June 1999; EMERGENCY ORDINANCE No. 77 of 16 June 2000 rejected the law. 310 of 18 June 2001; EMERGENCY ORDINANCE No. 294 of 30 December 2000; Law No. 312 of 18 June 2001; Law No. 340 from 6 July 2001.
*) Title change of law art. 1 of the EMERGENCY ORDINANCE nr. 294 of 30 December 2000 published in MONITORUL OFICIAL nr. 707 of 30 December 2000 and shall read as follows: the law on the establishment, organization and functioning of the National Agency for employment.
Romanian Parliament adopts this law.


Chapter 1 General provisions Article 1 (1) shall establish the National Agency for employment and vocational training, public institution of national interest, with legal personality.
  

(2) the National Agency for employment and vocational training, organize and co-ordinate the work of the employment and training of the workforce, as well as the protection of persons in the work neincadrate.
  

(3) the National Agency for employment and vocational training shall have its seat in Bucharest.
  


Article 2 (1) for the Organization and coordination of the work of the employment and training of the workforce, at the County and the municipality of Bucharest, is set up under the National Agency for employment and vocational training, employment agencies and training County and Bucharest, units with legal personality.
  

(2) employment agencies and training County and Bucharest can establish control of service for employment and vocational training.
  

(3) the National Agency for employment and vocational training can set up in specialized compartments structure to prepare for its staff, collection and processing of data on the labour market, as well as to conduct other activities necessary to achieve its objectives, under the conditions laid down in the Statute.
  


Chapter 2 powers of the National Agency for employment and vocational training Article 3 main objectives of the National Agency for employment and vocational training are: a) institutionalization of social dialogue in the field of employment and vocational training;
  

(b) application of the strategies) employment and vocational training;
  

c) measures on social protection of persons in the work neincadrate.
  


Article 4 in order to achieve its objectives, the National Agency for employment and vocational training has mainly the following duties: a) organizes employment services;
  

b) organizes, provides and finances, according to the law, vocational training services for people in the work of neincadrate; the same service can be organized, pay, and other natural or legal persons concerned;
  

c) directs people looking for a job and mediate between them and the employers in the country, in order to achieve a balance between supply and demand on the internal market;
  

(d) make proposals regarding the elaboration of) draft budget of the Fund for the payment of unemployment benefit;
  

e) administers the budget Fund for payment of unemployment benefit and submit to the Ministry of labour and social solidarity of quarterly and annual reports concerning the implementation of the budget.
  

f) propose the Ministry of labour and social protection projects of normative acts in the field of employment and vocational training and the social protection of persons in the work of neincadrate;
  

g) develops studies and analyses in the field of employment and vocational training, which will be used by the Ministry of labour and social security to the elaboration of strategies in this field.
  

h) approve programs for restructuring companies at which shareholders are natural or legal persons other than the State, and holding ownership of a package of shares representing more than two-thirds of the total voting rights in the General Assembly.
  

I) organizes services establishment, payment and recording of aid, allocations and benefits financed from the budget of the Fund for the payment of unemployment benefit;
  

j) draw up, on the basis of the social indicators of performance established by the Ministry of labour and social solidarity, annual programmes of activity which it shall submit to the approval of the Minister of labour and social solidarity; monitoring the achievement of the provisions of these programs is done by the Ministry of labour and social solidarity on the basis of quarterly and annual reports of the National Agency for employment.
  

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Lit. h) of art. 4 was introduced by EMERGENCY ORDINANCE nr. 98 in 1999, published in Official Gazette No. 303 of 29 June 1999; as amended by art. 2 of EMERGENCY ORDINANCE No. 77 of 16 June 2000 and published in the Official Gazette No. 283 of 22 June 2000, rejected the law. 310 of 18 June 2001; as amended by law No. 312 of 18 June 2001 published in the Official Gazette No. 365 of 6 July 2001;
Letters b), c) and (e)) of art. 4 have been modified. 1 of the EMERGENCY ORDINANCE nr. 294 of 30 December 2000 published in MONITORUL OFICIAL nr. 707 of 30 December 2000.
Lit. b) and (c) of article 4.) 4 has been modified by law nr. 340 from 6 July 2001 published in the Official Gazette No. 378 of July 11, 2001.
The letters i and j)) of art. 4 have been introduced by art. 1 of the EMERGENCY ORDINANCE nr. 294 of 30 December 2000 published in MONITORUL OFICIAL nr. 707 of 30 December 2000.


Article 5 Other tasks of the National Agency for employment and vocational training, as well as the powers to agencies for employment and vocational training and the Bucharest may be laid down by the Statute of the National Agency for employment and vocational training, in compliance with the provisions of art. 3. Article 5 ^ 1 Realization of duties payable under the law of the National Agency for employment and the annual work programme referred to in article 1. 4A. j) is inspected by the Ministry of labour and social solidarity, through its specialized agencies.
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Art. 5 ^ 1 has been introduced by art. 1 of the EMERGENCY ORDINANCE nr. 294 of 30 December 2000 published in MONITORUL OFICIAL nr. 707 of 30 December 2000; modified by law nr. 340 of 6 July 2001 published in the Official Gazette No. 378 of July 11, 2001.


Article 6 (1) National Agency for employment and vocational training to ensure, without payment, in accordance with the law, employment services and vocational training of natural or legal persons concerned.
  

(2) the main employment services and training, provided by the National Agency for employment and vocational training, are: 1. Services for individuals: a) the orientation and advising persons neincadrate in the work and other persons, with a view to finding a job;
  

b) qualification and requalification of persons neincadrate in work;
  

c) re-training of personnel within the framework of the economic agents subject to restructuring, in order to prevent unemployment;
  

d) establishment and payment, according to the law, the rights of social protection of people neincadrate in the work of other socio-professional categories.
  

2. Services for legal entities: a) mediation between supply and demand on the labour market;
  

(b) the selection of candidates for) employment;
  

(c) incentive measures) for the creation of jobs;
  

d) advice for the creation of small and medium-sized enterprises.
  


Article 7 (1) National Agency for employment and vocational training may delegate, in accordance with the law, employment services and training and to providers of public or private sector.
  

(2) criteria for accreditation of providers of employment services shall be established by decision of the Government.
  

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Alin. (2) of article 9. 7 amended art. 1 of the EMERGENCY ORDINANCE nr. 294 of 30 December 2000 published in MONITORUL OFICIAL nr. 707 of 30 December 2000.


Chapter 3 Organisation, operation and management of the National Agency for employment and vocational training in article 8 (1) the National Agency for employment and vocational training is conducted by the Board of Directors.
  

(2) the Administrative Council shall be composed of representatives of central public administration bodies, as well as employers ' and trade union organisations, which are representative at national level.
  


Article 9 *) (1) the Board of Directors of the National Agency for employment is made up of 15 members, as follows:
  


5 members of) Government representatives, appointed by the Minister of labour and social solidarity, of which one Member is the Secretary of State in the Ministry of labour and social solidarity and the Act of the President of the National Agency for employment, appointed by the Prime Minister;
  

b) 5 members appointed by consensus of the employers ' associations which are representative at national level;
  

c) 5 members appointed by consensus of the representative trade union organizations at the national level.
  

(2) Are nationally representative employers ' associations and trade union organisations which fulfil the conditions provided for by law No. 130/1996 concerning collective labour contract, republished.
  

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Art. 9 was modified by art. 1 of the EMERGENCY ORDINANCE nr. 294 of 30 December 2000 published in MONITORUL OFICIAL nr. 707 of 30 December 2000.
*) See decision no 270 of 2 December 1998 on the appointment of government representatives on the Board of Directors of the National Agency for employment and vocational training published in Monitorul Oficial nr. 60 of 11 February 1999.


Article 10-powers of the Board of Directors shall be established by statute.


Article 11 the Board of Directors adopts decisions in the fields referred to in the Statute.


Article 12 (1) the term of Office of Board members is four years.
  

(2) the duration of their mandate, the members of the Board of Directors can be cancel those who called them.
  

(3) in the case of vacantarii Board of Directors seats due to resignation or death, revocation, will be appointed new members until the end of the initial term of Office.
  


Article 13 (1) the Board of Directors is constituted with effect from the date on which they are appointed at least 11 of its members, each part being represented in the Council.
  

(2) the Board of Directors meets monthly or whenever necessary at the request of the President or one third of its members.
  

(3) the Board of Directors operates legally in the presence of at least 11 of its members.
  

(4) decisions of the Board of Directors shall be adopted by a 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 President of the National Agency for employment and vocational training.
  

(2) the term of Office of the Chairperson shall cease on completion of tenure of Secretary of State.
  

(3) the appointment of the President shall be for a period of 4 years.
  

(4) cease to hold office through resignation or revocation by the Prime Minister, upon proposal of the Minister of labour and social welfare, or his death.
  

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Art. 14 was modified by art. 1 of the EMERGENCY ORDINANCE nr. 294 of 30 December 2000 published in MONITORUL OFICIAL nr. 707 of 30 December 2000.
Paragraphs 1 and 2. (2) of article 9. 14 was amended by law No. 340 of 6 July 2001 published in the Official Gazette No. 378 of July 11, 2001.
*) See decision no 292 of 15 December 1998 on the appointment of the President of the Board of Directors of the National Agency for employment and vocational training published in Monitorul Oficial nr. 60 of 11 February 1999.


Article 15 (1) the President shall represent the National Agency for employment and vocational training in dealings with third parties.
  

(2) the Minister of labour and social welfare will delegate, each year, its main duties of authorising officer for appropriations for the budget of the Fund for paying unemployment benefit after it has been approved, the President of the National Agency for employment and vocational training.
  

(3) the President shall have such powers and other duties, which shall be established by statute.
  

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Alin. (2) of article 9. 15 was modified by art. 1 of the EMERGENCY ORDINANCE nr. 294 of 30 December 2000 published in MONITORUL OFICIAL nr. 707 of 30 December 2000.


Article 16 (1) stock Leadership activity of the National Agency for employment and vocational training shall be exercised by a Chief Executive Officer, appointed by the President.
  

(2) the Employment of the Chief Executive Officer shall be made by competition, in accordance with the law.
  


Article 17 (1) employment agencies and training County and Bucharest are headed by an executive director, appointed by the President of the National Agency for employment and vocational training.
  

(2) fill the post of Chief Executive is made by competition, in accordance with the law.
  


Article 18 (1) For solving problems related to employment agencies and training County and Bucharest, CEOs are supported by an Advisory Council, made up of 15 members representing local governments, trade unions and employers ' organisations, appointed as follows: a) 5 members, by the prefect, representing local public authorities;
  

b) 5 members appointed by consensus of the representative trade union organisations at national level;
  

c) 5 members appointed by consensus of the employers ' associations which are representative at national level.
  

(1 ^ 1) For the purpose of appointing members of the Advisory Councils of the County agencies for employment and of Bucharest, trade unions and employers ' associations which are representative at national level will determine, by consensus, the representativeness of the trade union organizations territorial level, employers ' associations, and the number of their seats in the Advisory Councils in each county and in Bucharest.

(2) the functions of the Advisory Council are laid down in the statutes.
  

(3) the provisions of article 4. 12 apply accordingly in the case of members of advisory councils.
  

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Lit. b) and (c) of paragraph 1.) (1) of article 1. 18 were modified by art. 1 of the EMERGENCY ORDINANCE nr. 294 of 30 December 2000 published in MONITORUL OFICIAL nr. 707 of 30 December 2000.
Paragraphs 1 and 2. (1 ^ 1), art. 18 was introduced by art. 1 of the EMERGENCY ORDINANCE nr. 294 of 30 December 2000 published in MONITORUL OFICIAL nr. 707 of 30 December 2000.


Chapter 4 transitional and final Provisions article 19 (1) Salaries and other rights of the President and the staff of the National Agency for employment and vocational training and the allowances of the members of its Board of Directors, as well as salaries and other entitlements of the staff employment agencies and training County and Bucharest and allowances of the members of consultative councils thereof shall be established by law.
  

(2) pending the entry into force of the law referred to in paragraph 1. (1) personnel of the National Agency for employment and vocational training shall be in accordance with the provisions of the annex. 8 and, respectively, of the annex. 9 Law nr. 40/1991 with respect to the remuneration of the President and the Government of Romania, as well as staff of the Presidency, the Government and other bodies of executive power, republished, with subsequent amendments and additions, the governmental decision nr. 281/1993 regarding remuneration of budgetary establishments, as amended, and of the Government Ordinance. 39/1994 laying down outline of wages coefficients of the basis for budget-sector staff, republished, with subsequent amendments.
  

(3) pending the entry into force of the law referred to in paragraph 1. (1) members of the Board of Directors of the National Agency for employment, who participate in the Board meetings, with the exception of the President, shall receive an allowance of 10% of meeting the monthly allowance of a Secretary of State. The total of due to a member of the Board of Directors as a result of participation in the meetings may not exceed one month in 20% of the monthly allowance of a Secretary of State.
  

(4) the provisions of the preceding paragraph shall apply correspondingly to the members belonging to the Advisory Councils, their rights is calculated in relation to the monthly salary of the Executive Director.
  

(5) the functions of management and their degrees of implementation of the National Agency for employment and vocational training and employment agency and training County and the municipality of Bucharest is made according to the table shown in the annex which forms an integral part of this law.
  

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Alin. (3) art. 19 was modified by art. 1 of the EMERGENCY ORDINANCE nr. 294 of 30 December 2000 published in MONITORUL OFICIAL nr. 707 of 30 December 2000.


Article 20 (1) staff picked up by National Agency for employment and vocational training and the employment agencies and training County and Bucharest from the Ministry of labour and social security, the Directorates General for employment and social protection and to Bucharest and from the qualification, re-qualification and retraining of the unemployed are considered transferred to the interests of the service.
  

(2) paragraph Staff. (1) it will keep the base salary and other rights previously proposed salary, if you handle the same functions, and professional degrees.
  


(3) the number of posts in 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 the protocol concluded between the two institutions, in relation to the provisions of art. 3, art. 4 and art. 21. (1) of this Act.
  

(4) within 30 days from the date of taking over the national team staff for Employment and training, the Government will change accordingly, functions and organizational structure of the Ministry of labour and social protection.
  


Article 21 (1) National Agency for employment and vocational training, and employment agencies and training County and Bucharest city administration, ECHO-based protocol, from the Ministry of labor and social protection Fund for the payment of unemployment benefit, the land and property used for force employment and unemployment of the Ministry, i.e. those used by offices of labour force and unemployment from Directorates General for employment and social protection and Bucureşti, skill centres, retraining and improvement of unemployed and other movable and immovable property.
  

(2) the National Agency for employment and vocational training administration right over movable and immovable property acquired from own activities, grants, donations or other sources.
  

(3) in order to develop their own activities, Central or local public authorities may award, under the terms stipulated by law, land, buildings, and the National Agency for employment and vocational training, employment agencies and the respective training County and Bucharest.
  

(4) the National Agency for employment and vocational training can be done according to the law, the investment fund for paying unemployment benefit or other sources were established by statute.
  


Article 22 Expenses relating to the organisation and functioning of the National Agency for employment and vocational training and employment agencies and training County and Bucharest shall bear in the budget of the Fund for the payment of unemployment benefit, within the limits of the sums approved by it, but not more than 5% of total annual expenditure.


Article 23 the National Agency for employment and vocational training, as well as employment agencies and training County and Bucharest will operate as from 1 January 1999.


Article 24 (1) within 30 days after the date of entry into force of this law, the social partners, as referred to in art. 9 para. (1) a Commission shall be called by the preparation for the implementation of this law, consisting of 15 members, the component referred to in that article.
  

(2) the members of the Preparatory Commission shall be established under the conditions laid down in article 21. 9 para. 1. (3) the Commission will draw up preparedness, within 30 days of its formation, the draft statute of the National Agency for employment and vocational training. Draft articles of Association shall be approved by decision of the Government, at the initiative of the Ministry of labour and social protection.
  

(4) the Commission of preparing outgoing after implementation of the project status.
  

— — — — — — — — — — —-see JUDGMENT No. 4 of 14 January 1999 on approval of the Statute of the National Agency for employment and vocational training published in Monitorul Oficial nr. 14 of 20 January 1999.


Article 25 the Chairman of the National Agency for employment and vocational training will convene the Board of Directors in its first plenary sitting, within 15 days after the approval of the Statute of the National Agency for employment and vocational training.
This law was adopted by the Senate at its meeting on 2 June 1998, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
SENATE PRESIDENT PETRE ROMAN this law was adopted by the Chamber of deputies at its meeting on 23 June 1998, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. M. CHAMBER of DEPUTIES PRESIDENT PAULA IVANESCU Annex TABLE on the comparability of the functions of management and execution of the National Agency for employment and vocational training — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —-driving Functions of the annex to law No. 40/1991, National Agency with which the Function republished, with amendments to employment and Training make comparability and supplemented, whereby Professional it makes equivalence function — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — i. National Agency for employment and vocational training: 1. President and Secretary of State annex. 2, 4 2 position. Chief Executive Officer, Secretary of State annex. 2, item 5. Employment agencies and training County and Bucharest: Executive Director Director-general annex. 9, cap. I lit. B-18-position — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Note: 1. The functions of management and execution within the National Agency for employment and vocational training shall apply the provisions of art. 33 para. (2) of law No. 40/1991, republished, with subsequent amendments and additions.
2. The functions of management and execution within the agencies for employment and vocational training and of Bucharest shall apply the provisions of point 1 of the annex. 9 Law nr. 40/1991, republished, with subsequent amendments and additions.
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