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Law No. 156 Of 26 July 2000 On The Protection Of Romanian Citizens Working Abroad

Original Language Title: LEGE nr. 156 din 26 iulie 2000 privind protecţia cetăţenilor români care lucrează în străinătate

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LEGE no. 156 156 of 26 July 2000 (* republished *) on the protection of Romanian citizens working abroad *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 291 291 of 5 May 2009



----------- Note * *) Republicated pursuant to the provisions art. IV of Government Ordinance no. 43/2002 for amendment Law no. 156/2000 on the protection of Romanian citizens working abroad, published in the Official Gazette of Romania, Part I, no. 578 of August 5, 2002, approved with amendments and completions by Law no. 592/2002 , published in the Official Gazette of Romania, Part I, no. 808 of 7 November 2002, giving the texts a new numbering. Law no. 156/2000 was published in the Official Gazette of Romania, Part I, no. 364 364 of 4 August 2000. + Chapter I General provisions + Article 1 The Romanian state ensures, in accordance with the provisions of this law, the protection of Romanian citizens residing in Romania who work abroad. + Article 2 Romanian citizens working abroad and to whom the provisions of this law are not applicable benefit from special protection measures, established by the Romanian and foreign laws or by international treaties and conventions to which Romania is Part, if found in the following situations: a) are the employees of foreign public institutions that are organized and operate on the territory of another state than Romania; b) are the employees of diplomatic missions, consular offices and Romanian trade representations; c) are the employees of international organizations based on the territory of another state than Romania; d) are the employees of companies, Romanian or foreign legal entities, who carry out international transport activities. + Article 3 (1) The Romanian Government, through the competent authorities, shall submit due diligence for the conclusion of agreements, agreements, treaties or conventions with similar public authorities in other states, in order to establish the conditions of protection of Romanian citizens residing in Romania who work in the respective countries. (2) Agreements, agreements, treaties or conventions concluded according to par. ((1) will be based on: a) the principle of equal treatment; b) the application of the more favorable clauses provided for in Romanian, foreign or international law to which Romania is a party. (3) By agreements, agreements, treaties or conventions concluded on the basis of the principles listed in par. ((2) shall be established at least: a) minimum wage level; b) the duration of working and resting time; c) general conditions of work, protection and occupational safety; d) insurance for accidents at work or occupational diseases, as well as for those who intervene outside the labor process. + Article 4 The Ministry of Foreign Affairs, through diplomatic missions and consular offices, will submit the necessary due diligence so that, through the public authorities or competent foreign bodies, to ensure the Romanian citizens referred to in art. 1 1: a) compliance during the employment of the rights provided in art. 3 3; b) the application of employee protection measures, provided by the legislation of that state; c) the settlement, according to the legislation applicable to the respective state, of possible disputes regarding the granting of the rights provided by this law. + Chapter II Employment agents abroad in the field of employment + Article 5 On the territory of Romania may carry out, under the present law, activities to mediate the employment of Romanian citizens abroad Law no. 31/1990 on companies, republished, with subsequent amendments and completions, including subsidiaries of foreign companies, established in Romania art. 42 42 and 44 of Law no. 31/1990 , republished, with subsequent amendments and completions, which have as main activity "Activities of labor placement agencies" code CAEN-7810, hereinafter referred to as employment agents. + Article 6 Employment agencies carry out activities to mediate the employment of Romanian citizens residing in Romania who request to work on the basis of job offers transmitted from abroad by legal, physical and legal persons. foreign employers ' organisations, as appropriate. + Article 7 Employment agencies have the obligation to process the personal data of Romanian citizens residing in Romania who request 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 completions. + Article 8 Employment agencies can carry out the activity of mediation of the employment of Romanian citizens abroad if they meet the following conditions: a) have the space and facilities necessary for the proper performance of the activity, as they will be specified in the methodology for the application of this law; b) have engaged in personal work with experience in the field of labor; c) have organized a data bank that includes offers and requests for jobs abroad, information on their employment conditions and on the qualifications and skills of the applicants in their records; d) have concluded with legal entities, individuals and employers ' organizations abroad, as the case may be, contracts containing firm job offers; e) are registered with the territorial labour inspectorate in whose radius they are based. + Article 9 (1) Contracts provided for in art. 8 lit. d) shall include at least: a) contract duration; b) the number of jobs abroad for which the contract is concluded; c) function, profession or occupation; d) the nature and duration of employment, conditions of employment, termination of employment or re-employment; e) the length of time of work and rest; f) hourly rate, monthly salary and salary payment data; g) bonuses, overtime and other salary rights; h) the cases in which the salary rights can be pursued; i) the duration, the way of granting and the money rights related to the holiday; j) working conditions, protection and occupational safety measures; k) possibility of transferring salary to Romania; l) medical insurance of Romanian employees, similar to that of citizens of the welcoming country; m) the granting of compensation to Romanian employees in case of accidents at work, occupational diseases or death; n) the conditions of accommodation, living or, as the case may be, rental of a dwelling and food insurance; o) ensuring the formalities, establishing the transport conditions in Romania in the state where the offers of jobs and return for the employees of Romanian citizens and the family members who accompany or visit them, as well as the support related expenditure; p) taxes, taxes and contributions that encumbered on the incomes of Romanian citizens employees, ensuring the avoidance of double taxation or double taxation of social security contributions; r) obligations of Romanian citizens abroad. (2) Employment agencies have the obligation to ensure the inclusion of the elements provided in par. ((1) lit. c)-r) and in the individual employment contract concluded between the foreign employer and the Romanian citizen employee. + Article 10 Employment agencies have the obligation to ensure the conclusion of individual employment contracts and in Romanian. + Article 11 Romanian citizens working abroad on the basis of the contracts provided in art. 8 lit. d) benefit in the country from benefits granted by the health insurance system, unemployment insurance system or public pension system and other social security rights, if, under the insurance contracts concluded, pay the competent bodies in Romania the corresponding contributions established on the basis of the monthly income declarations made abroad. + Article 12 Control of the conditions provided in art. 8 and 9 and the work carried out by employment agencies is carried out by the staff of the Labour Inspection, empowered in this regard. + Chapter III Contraventions + Article 13 (1) It constitutes the following facts and is sanctioned as follows: a) the exercise by the employment agents of the activity of mediation of the employment of Romanian citizens abroad, in violation of the provisions of art. 8-10, with a fine of 5,000 lei to 10,000 lei; b) the exercise of the activity of mediation of the employment of Romanian citizens abroad by other legal entities, apart from those provided in art. 5, or by individuals, with a fine of 10,000 lei to 15,000 lei. (2) The finding of contraventions and the application of fines provided in par. (1) shall be made by the staff of the Labour Inspection, empowered to do so. + Chapter IV Final provisions + Article 14 In application of the provisions of this law the Ministry of Labour, Family and Social Protection and the Ministry of Foreign Affairs will develop methodological norms, which will be subject to approval by Government decision, within 90 days from the date its entry into force *). ---------- Note * *) Government Decision no. 384/2001 for the approval of the methodological norms for the application of Law no. 156/2000 on the protection of Romanian citizens working abroad, published in the Official Gazette of Romania, Part I, no. 208 208 of 24 April 2001, with subsequent amendments and completions. + Article 15 The provisions of this law, regarding the contravention liability, shall be supplemented by the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Article 16 Art. 11 shall also apply to Romanian citizens working abroad on the basis of an individual employment contract concluded with a foreign natural or legal person, in execution on the date of entry into force of this Law. + Article 17 On the date of entry into force of this Law any contrary provisions shall be repealed. -------