Law No. 156 of 26 July 2000 (republished) on the protection of Romanian citizens working abroad) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 291 from May 5, 2009 — — — — — — — — — — — * Note) Republished pursuant to art. IV of the Government Ordinance. 43/2002 on the amendment of law No. 156/2000, on the protection of Romanian citizens working abroad, published in the Official Gazette of Romania, part I, no. 578 of 5 august 2002, approved with amendments and completions by law No. 592/2002, published in the Official Gazette of Romania, part I, no. 808 on 7 November 2002, giving it a new texts.
Law No. 156/2000 has been published in the Official Gazette of Romania, part I, no. 364 from august 4, 2000.
Chapter I General provisions Article 1 Romanian State ensures, in accordance with the provisions of this law, the protection of Romanian citizens domiciled in Romania who work abroad.
Article 2 Romanian citizens who work abroad and who do not apply to them the provisions of this law shall enjoy special protection, established by Romanian and foreign laws or through international treaties and conventions to which Romania is a party, if they are in the following situations: a) are public institutions foreign employees who are organised and work in the territory of another country than Romania;
b) are employees of diplomatic missions, consular posts and representations of the Romanian trade;
c) are employees of international organizations established in the territory of another country than Romania;
d) are employees of some companies, Romanian or foreign legal entities performing activities of international transport.
Article 3 (1) the Government of Romania, by the competent authorities, will make the necessary efforts for the conclusion of agreements, agreements, treaties or conventions with similar authorities in other countries, in order to establish the conditions for the protection of Romanian citizens domiciled in Romania working in those countries.
(2) agreements, agreements, treaties or conventions concluded pursuant to paragraph 1. (1) will be based on: (a) the principle of equality of treatment);
(b) the application of more favourable) clauses provided for in the Romanian legislation, foreign or international to which Romania is a party.
(3) agreements, agreements, treaties or conventions concluded on the basis of the principles listed in paragraphs 1 and 2. (2) it shall establish at least: (a) the level of the minimum wage);
(b) the duration of the working time) and the rest;
c General conditions of work), protection and safety;
d) insurance for accidents at work or occupational disease, and for those who are outside the labour process.
Article 4 Ministry of Foreign Affairs through the diplomatic missions and consular offices, will make the efforts necessary to ensure that, through the public authorities or foreign bodies, to ensure that Romanian citizens referred to in art. 1: a) observance during the employment of the rights referred to in art. (3);
b protective measures) of employees provided for by the legislation of that State;
c) settlement, according to the applicable legislation of that State, any litigation involving the granting of rights provided for in this law.
Chapter II employment Agents abroad Article 5 can be the Romanian territory, under the present law, the mediation activities of the employment of the Romanian citizens abroad companies formed in accordance with the law. 31/1990 on the companies, republished, with subsequent amendments and additions, including subsidiaries of foreign companies established in Romania according to art. 42 and 44 of the law nr. 31/1990, republished, with subsequent amendments and additions, which have as their principal activity "placement agencies activities of labor" CAEN code-7810, hereinafter referred to as employment agents.
Article 6 Employment Agencies job mediation activities of employment for Romanian citizens domiciled in Romania that requires you to work on the basis of tenders submitted by jobs abroad for legal entities, individuals and employers ' organisations, as appropriate.
Article 7 of the Employment Agencies have an obligation to process personal data of Romanian citizens domiciled in Romania which calls for jobs abroad, in compliance with the provisions of law No. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, with subsequent amendments and additions.
Article 8 Employment Agencies can carry out mediation of employment for Romanian citizens abroad if they meet the following conditions: (a)) have the space and facilities necessary for the proper conduct of the work, as they will be stated in the methodology for the application of this law;
b) have employed staff with experience in the field;
c) organized a database containing vacancies and applications for employment abroad, information on their employment conditions and the qualifications and skills of the applicants are in their records;
d) concluded with legal persons, individuals and employers ' organizations from abroad, where appropriate, the contracts which contain firm offers of employment.
e) are registered at the Labour Inspectorate in whose RADIUS are established.
Article 9 (1) the contracts referred to in article 1. 8 lit. d) shall contain at least the following elements: the duration of the contract);
b) number of jobs abroad for which the contract is concluded;
c) function, job or occupation;
d the nature and duration of the employment), the conditions of employment, the termination of his engagement or re-engagement;
(e) the duration of work) and the rest;
f) hourly rate, monthly salary and salary payment;
g) bonuses, overtime and other wage rights;
h) cases in which the pay can be tracked;
I) duration, and money leave rights related to rest;
j) working conditions, protective measures and safety;
k) transferring the salary in Romania;
l) of employee health insurance, similar to that of the citizens of the country inviting;
m) compensation of employees in the event of accidents of Romanians, occupational diseases or death;
n) conditions of accommodation, accommodation or, if necessary, a rental housing and food;
a) ensuring formalities, conditions of transport from Romania in the State in which there are job offers and back for Romanian citizens and family members accompanying or visiting them, and the costs related thereto;
p) taxes, taxes and contributions burdens income employees Romanian citizens, ensuring the avoidance of double taxation or double older form of social insurance contributions;
r) Romanian citizens obligations to employees abroad.
(2) Employment Agencies have an obligation to ensure the inclusion of the items listed in paragraph 1. (1) (a). c)-r) and the contract of employment concluded between an employer and an employee of the Romanian citizen.
Article 10 of the Employment Agencies have an obligation to ensure the termination of individual contracts of employment and in Romanian language.
Article 11 Romanian citizens working abroad on the basis of contracts provided for in art. 8 lit. d) benefit from the country benefits from the social security system for health, unemployment insurance system or the public pension system and other social insurance rights, if, pursuant to the insurance contract concluded, shall pay the competent authorities of Romania the corresponding contributions determined on the basis of monthly declarations of income made abroad.
Article 12 conditions for the performance of Control referred to in article 1. 8 and 9 and of the work carried out by the employment agencies, work is carried out by the staff of the labour inspection, empowered to do so.
Chapter III Offences in article 13 (1) the following acts shall constitute offences and shall be imposed as follows: a) the exercise by the employment agencies, job mediation activity the commitment of Romanian citizens abroad, in violation of the provisions of article 7. 8-10, with fine from 5,000 to 10,000 lei lei;
(b) the pursuit of the activity of mediation) has the commitment of Romanian citizens abroad by other legal persons, other than those referred to in article 1. 5, or by individuals with fine from 10,000 to 15,000 lei lei.
(2) the finding of violations and imposition of fines provided for in paragraph 1. (1) are carried out by the staff of the labour inspection, empowered to do so.
Chapter IV final provisions Article 14 pursuant to the provisions of the present law the Ministry of labour, family and social welfare and the Ministry of Foreign Affairs will develop guidelines, which will be subject to the approval of the Government, within 90 days from the date of entry into force).
*) Government decision No. 384/2001 for approving detailed procedures for the application of the provisions of law No. 156/2000, on the protection of Romanian citizens working abroad, published in the Official Gazette of Romania, part I, no. 208 of 24 April 2001, as amended and supplemented.
Article 15 the provisions of this law concerning liability, contravention shall be supplemented by the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented.
Article 16 the provisions of art. 11 shall also apply to Romanian citizens working abroad on the basis of an individual contract of employment with a foreign natural or legal person, which is enforced at the date of entry into force of this law.
Article 17 entry into force of this Act any provisions to the contrary are hereby repealed.