LEGE no. 76 76 of 16 January 2002 (* updated *) on unemployment insurance and employment stimulation ((updated until 11 July 2015 *)
ISSUER
PARLIAMENT
---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 In Romania every person is guaranteed the right to freely choose their profession and work, as well as the right to unemployment insurance. + Article 2 The provisions of this law regulate measures for the realization of strategies and policies developed in order to protect people for unemployment risk, to ensure a high level of employment and to adapt the workforce to market requirements labor. + Article 3 The measures provided for by this Law aim to achieve the following objectives in the labour market: a) preventing unemployment and combating its social effects; ... b) the employment or reemployment of persons in search of a job; ... c) supporting the employment of persons belonging to disadvantaged categories of the population ... d) ensuring equal opportunities in the labour market; ... e) stimulation of the unemployed in order to fill a job; ... f) stimulating employers to fit people in search of a job; ... g) improving the structure of employment by economic branches and geographical areas; ... h) increasing labour mobility in the conditions of structural changes occurring in the national economy; ... i) protection of persons under the unemployment insurance scheme. ... + Article 4 (1) In application of the provisions of the present law, any discrimination on political grounds, race, nationality, ethnic origin, language, religion, social category, beliefs, sex and age are excluded. ... (2) The measures and special rights granted by this law to categories of disadvantaged persons do not constitute discrimination within the meaning of the provisions of para. ((1). ... + Chapter II Labour market concepts + Section 1 Terms and expressions used + Article 5 Within the meaning of the provisions of this law, the following terms and expressions have the following meanings: I. employer-legal person or natural person with headquarters, respectively domicile, in Romania or branch, branch, agency, representative in Romania of a foreign legal person based abroad, authorized according to the law, which fit the labor force under the law; II. place of work-the framework in which an activity is carried out from which an income is obtained and in which the legal employment relationships or service legal relations are materialized; III. person in search of a job-person who takes steps to find a job, by his own means or by registration with the employment agency in whose territorial area he has his domicile or, after case, residence or other provider of employment services, accredited under the law; ---------- Pct. III of art. 5 5 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 144 144 of 18 October 2005 , published in MONITORUL OFFICIAL no. 969 969 of 1 November 2005. IV. unemployed person who cumulatively meets the following conditions: a) is in search of a job from the age of 16 years and up to the fulfilment of the retirement conditions; ... b) the state of health and physical and mental capacities make it fit for the provision of work; ... c) has no place of work, does not realize income or performs, from activities authorized according to the law, incomes lower than the value of the social reference indicator of unemployment insurance and employment stimulation, in force; ... ---------- Lit. c) IV of art. 5 5 has been amended by section 4.2 1 1 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. d) is available to start work in the next period, if a job were found. ... ---------- Pct. IV of art. 5 5 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 144 144 of 18 October 2005 , published in MONITORUL OFFICIAL no. 969 969 of 1 November 2005. IV ^ 1. registered unemployed person who cumulatively fulfils the conditions laid down in point IV and register with the employment agency in whose territorial area is domiciled or, as the case may be, residence or other provider of employment services, operating under the conditions provided by law, in order to obtain a job. ---------- Pct. IV ^ 1 of art. 5 5 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 144 144 of 18 October 2005 , published in MONITORUL OFFICIAL no. 969 969 of 1 November 2005. IV ^ 2. long-term unemployed person who is unemployed for a period of more than 12 months, in the case of persons aged 25 or over and over a period of 6 months, in the case of persons aged 16 years and up to the age of 25 years; ---------- Pct. IV ^ 2 of art. 5 5 has been introduced by section 1 1 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. IV ^ 3. young person at risk of social marginalisation-the person aged 16-26 years, who fulfils the conditions laid down in point IV, shall be registered with the employment agency in whose territorial area he is domiciled or, where applicable, residence and fall into one of the following categories: a) is in the child protection system or comes from this system; ... b) has disabilities; ... c) has no family or whose family cannot provide maintenance; ... d) has dependent children; ... e) executed one or more custodial sentences; ... f) is the victim of human trafficking. ... ---------- Pct. IV ^ 3 of art. 5 5 has been introduced by section 1 1 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. V. contribution period-the period of time for which the insurance contribution for unemployment was due both by the insured and the employer or, as the case may be, only by the insured, as well as the period for which the insured persons in the system unemployment insurance by the conclusion of an unemployment insurance contract were due and paid the unemployment insurance contribution; ---------- Pct. V al art. 5 5 has been amended by section 1 1 of art. VI of EMERGENCY ORDINANCE no. 17 17 of 23 February 2011 , published in MONITORUL OFFICIAL no. 145 145 of 28 February 2011. VI. insured-natural person who realizes income, according to the law, and for which the employer is obliged to withhold and pay the individual insurance contribution for unemployment, as well as the person who ensures by the conclusion of a contract of unemployment insurance; ---------- Pct. VI of art. 5 5 has been amended by section 1 1 of art. VI of EMERGENCY ORDINANCE no. 17 17 of 23 February 2011 , published in MONITORUL OFFICIAL no. 145 145 of 28 February 2011. VII. unemployment benefit-a partial compensation of the insured's income as a result of loss of employment or income of graduates of educational institutions who could not fit into work; ---------- Pct. VII of art. 5 5 has been amended by section 1 1 of art. VI of EMERGENCY ORDINANCE no. 17 17 of 23 February 2011 , published in MONITORUL OFFICIAL no. 145 145 of 28 February 2011. VIII. measures to stimulate employment-those measures aimed at supporting people in search of a job and, in particular, the unemployed to acquire the status of a busy person. IX. The social benchmark of unemployment insurance and employment stimulation, hereinafter referred to as the social reference indicator, shall be the unit expressed in lei at the level of which the cash benefits are reported. from the unemployment insurance budget, granted both in order to ensure the protection of persons under the unemployment insurance system and to stimulate certain categories of persons to fit into work, as well as to employers to fit into work people looking for a job. ---------- Pct. IX of art. 5 5 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 108 108 of 6 December 2010 published in MONITORUL OFFICIAL no. 830 830 of 10 December 2010. + Section 2 Labour market statistics indicators + Article 6 (1) At national and territorial level, the situations and developments in the labour market are mainly monitored by a system of statistical indicators on: ... a) labour resources; ... b) the working population; ... c) the employed population; ... d) unemployed; ... e) job vacancies; ... f) unemployment benefit; ... g) the population out of unemployment by employment, as well as by leaving the labor market; ... h) unemployment rate. ... (2) The system of statistical indicators and their methodology for calculating them shall be established by the National Institute of Statistics in collaboration with the Ministry of Labour, Family and Social Protection. ... + Article 7 (1) The National Employment Agency, on the basis of primary documents for the registration of unemployed persons, communications made by accredited employment service providers and employers on job vacancies, shall calculate the the statistical indicators referred to in art. 6 6 para. ((1) lit. d)-h) and other indicators specific to the labour market. ... (2) The National Employment Agency shall develop, on the basis of needs, analyses, studies and special statistical research on the situation and evolution of unemployment and employment, at national and territorial level, on fields of activity. ... + Article 8 (1) In order to carry out the tasks provided in 7 The National Employment Agency provides the appropriate material, organizational and managerial conditions, elaborates and manages the system of primary documents, constitutes and exploits its own database. ... (2) In order to carry out analyses, studies and special statistical research of the nature of those provided in art. 7 7 para. (2) The National Employment Agency may also employ the services of specialized providers. ... (3) The methodology for the realization of special statistical research will be endorsed, according to the law, by the National Institute of Statistics. ... + Article 9 (1) The National Employment Agency has the obligation to make public the statistical indicators on the labor market, with a periodicity that will be established once with the system of indicators provided for in art. 6 6 para. ((1). ... (2) The National Employment Agency shall provide the Ministry of Labour, Family and Social Protection with statistical indicators, results of special statistical research, analyses and statistical studies. ... + Article 10 (1) Employers have the obligation to communicate to the county employment agencies, respectively of the city of Bucharest, hereinafter referred to as the employment agencies, in whose radius they are based, respectively their domicile, all job vacancies, within 5 working days of vacating them. ... (2) The accredited occupancy service providers are required to communicate monthly to the employment agencies in whose radius the data are based on the number of unemployed and employed persons. ... (3) Employers have the obligation to communicate to the agencies for territorial employment, the employment of vacant jobs that have been communicated according to par. (1), within one day from the date of their occupation, under the law. ... ---------- Alin. ((3) of art. 10 10 has been introduced by section 2 2 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 11 In order to develop strategies and policies, as well as to adopt measures on the labour market, at national level, on areas of activity, branches, economic sectors or areas, the Ministry of Labour, Family and Social Protection initiates regulations on the obligation of employers to communicate the necessary information on the labour force. + Article 12 For the purposes of this Law, the National Statistical Institute has the following tasks a) calculate the statistical indicators referred to in art. 6 6 para. ((1) lit. a)-c); ... b) provide the National Employment Agency with labour data, resulting from its own statistical research; ... c) elaborates in collaboration with the Ministry of Labour, Family and Social Protection the system of statistical indicators of the labor market and their methodology for calculating them; ... d) avizes the special statistical research carried out by the National Employment Agency or the Ministry of Labour, Family and Social Protection. ... + Section 3 Occupation Classification + Article 13 The classification of occupations in Romania is the system of identification, ranking, coding of occupations in the economy, which is elaborated by the Ministry of Labour, Family and Social Protection in collaboration with the National Institute of Statistics, with other ministries and public institutions interested and approved by Government decision. + Article 14 (1) The procedure for updating the Classification of Occupations in Romania is approved by joint order of the Minister of Labour, Family, Social Protection and Elderly and the President of the National Institute of Statistics. ... (2) The update of the Classification of Occupations in Romania is carried out, periodically, at the request of those interested or on the basis of special regulations, by joint order of the Minister of Labour, Family, Social Protection and Elderly and President of the National Institute of Statistics, published in the Official Gazette of Romania, Part I. ... ---------- Article 14 has been amended by section 4.2. 3 3 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 15 The use of Classification of Occupations in Romania is mandatory when completing official documents. + Section 4 Categories of beneficiaries + Article 16 Beneficiaries of the provisions of this law are persons looking for a job, located in one of the following situations: a) have become unemployed within the meaning of art. 5 5 section IV (c); ... b) they could not take up employment after graduating from an educational institution; ... ---------- Lit. b) of art. 16 16 has been amended by section 4.2 2 2 of art. VI of EMERGENCY ORDINANCE no. 17 17 of 23 February 2011 , published in MONITORUL OFFICIAL no. 145 145 of 28 February 2011. c) take up a job and, for various reasons, want to change it; ... d) have obtained refugee status or other form of international protection, according to the law; ... e) are foreign or stateless citizens who have been employed or have made income in Romania or who have the right to work on the territory of Romania, according to the law; ... ---------- Lit. e) of art. 16 16 has been amended by section 4.2 4 4 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. f) could not take up employment after repatriation or after release from detention. ... + Article 17 (1) In order to establish the right of unemployment benefit, the unemployed referred to in art. 16 lit. a) are the persons who can be found in one of the following situations: ... ---------- The introductory part of para. ((1) of art. 17 17 has been amended by section 4.2 2 2 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. a) they have ceased their employment relationships for reasons not attributable to them; ... ---------- Lit. a) a par. ((1) of art. 17 17 has been amended by section 4.2 3 3 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. b) have ceased their service relations for reasons not attributable to them; ... c) ceased their mandate for which they were appointed or elected, if previously they were not employed or if the resumption of activity is no longer possible due to the definitive cessation of the employer's activity; ... d) repealed; ... ---------- Lit. d) a par. ((1) of art. 17 17 has been repealed by section 6.6. 5 5 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. e) ceased their employment relationship as a cooperating member, for reasons not attributable to them; ... f) have concluded an insurance contract for unemployment and do not realize income or realize, from activities authorized according to the law, incomes lower than the value of the social reference indicator, in force; ... ---------- Lit. f) a par. ((1) of art. 17 17 has been amended by section 4.2 3 3 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. g) ceased the activity as a result of retirement for disability and who subsequently reacquired the work capacity and failed to fit into work; ... ---------- Lit. g) a par. ((1) of art. 17 17 has been amended by section 4.2 2 2 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. h) have ceased their employment or service relationships for reasons not attributable to them, during their suspension period, according to the law; ... ---------- Lit. h) a par. ((1) of art. 17 17 has been amended by section 4.2 2 2 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. i) repealed; ... ---------- Lit. i) a par. ((1) of art. 17 17 has been repealed by section 6.6. 3 3 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. j) reintegration into work, ordered by final court decision, is no longer possible at the establishments where they were previously employed, due to the definitive cessation of activity, or to the units that took over their patrimony; ... k) ceased their activity carried out exclusively on the basis of a legal report, other than that of the nature of those provided in lett. a)-e), g) and h), in consideration of which, according to the law, the individual insurance contribution for unemployment was due. ... ---------- Lit. k) a par. ((1) of art. 17 17 has been amended by section 4.2 6 6 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (2) The persons in the situations referred to in art. 16 lit. b), if they meet the following conditions ... a) are graduates of educational institutions, aged at least 16 years, who in a period of 60 days after graduation have failed to fit into work according to professional training; ... ---------- Lit. a) a par. ((2) of art. 17 17 has been amended by section 4.2 4 4 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. b) are graduates of special schools for persons with disabilities of at least 16 years of age, who have not been able to fit into work according to professional training; ... ---------- Lit. b) a par. ((2) of art. 17 17 has been amended by section 4.2 4 4 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. c) repealed; ... ---------- Lit. c) a par. ((2) of art. 17 17 has been repealed by section 6.6. 3 3 of art. VI of EMERGENCY ORDINANCE no. 17 17 of 23 February 2011 , published in MONITORUL OFFICIAL no. 145 145 of 28 February 2011. + Chapter III Unemployment insurance system + Section 1 Categories of insured + Article 18 (1) In the unemployment insurance system, individuals, hereinafter referred to as insured persons, are insured under the conditions of this law. ... (2) Insurance may be: ... a) Romanian citizens who are employed or earn income in Romania, under the law, except for persons who have the status of pensioners; ... ---------- Lit. a) a par. ((2) of art. 18 18 has been amended by section 4.2 2 2 of art. I of EMERGENCY ORDINANCE no. 124 124 of 2 October 2002 , published in MONITORUL OFFICIAL no. 740 740 of 10 October 2002. b) Romanian citizens working abroad, under the law; ... c) foreign or stateless citizens who, during their domicile or residence in Romania, are employed or earn income, under the law. ... ---------- Lit. c) a par. ((2) of art. 18 18 has been amended by section 4.2 5 5 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. (3) The insured are required to pay the unemployment insurance contributions and have the right to benefit from unemployment benefit, according to this law. ... + Article 19 In the unemployment insurance system are legally insured, by the effect of the law a) persons who carry out activities on the basis of an individual employment contract or on the basis of temporary employment contract, under the law, except for persons who have the status of pensioners; ... ---------- Lit. a) of art. 19 19 has been amended by section 4.2 6 6 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. b) civil servants and other persons carrying out activities on the basis of the appointment act; ... c) persons who operate in elective positions or who are appointed within the executive authority, legislative or judicial, during the term of office; ... d) repealed; ... ---------- Lit. d) of art. 19 19 has been repealed by section 6.6. 7 7 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. e) persons having employment relationship as a cooperating member; ... f) other persons who make income from activities carried out according to the law and who are not found in one of the situations provided in lett. a)-e), given that for these persons on the respective incomes there is an obligation, according to the law, to pay the insurance contribution for unemployment. ... ---------- Lit. f) of art. 19 19 has been amended by section 4.2 1 1 of art. X of EMERGENCY ORDINANCE no. 117 117 of 23 December 2010 , published in MONITORUL OFFICIAL no. 891 891 of 30 December 2010. + Article 20 They can be insured in the unemployment insurance system, under the present law, the following persons: a) unique associate, associates; ... b) administrators who have concluded contracts according to the law; ... c) authorized natural persons, natural persons, holders of individual enterprises, as well as members of family enterprises; ... d) Romanian citizens working abroad, according to the law; ... e) other persons who make income from activities carried out according to the law and who are not found in one of the situations provided in lett. a)-d). ... ---------- Article 20 has been amended by point 8 8 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 21 Employers to whom the persons referred to in art. 19 are obliged to submit the Declaration on obligations to pay social contributions, income tax and nominal records of insured persons, provided by law, in accordance with the provisions Law no. 571/2003 on the Fiscal Code, with subsequent amendments and completions. ---------- Article 21 has been amended by point 9 9 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 22 (1) Persons referred to in art. 20 may conclude unemployment insurance contract with the employment agency in whose territorial area they are domiciled or, where applicable, their residence, if they are at least 18 years of age and are insured in the public pension system and in health insurance system. ... ---------- Alin. ((1) of art. 22 22 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 144 144 of 18 October 2005 , published in MONITORUL OFFICIAL no. 969 969 of 1 November 2005. (2) The monthly income for which the persons referred to in art. 20 may not be less than the minimum gross basic salary per country guaranteed in payment, established according to the law, and higher than the equivalent of 5 times the average gross earnings, established according to the law, in force in the month for which it is paid the unemployment insurance contribution. ... ---------- Alin. ((2) of art. 22 22 has been amended by section 3 3 of art. X of EMERGENCY ORDINANCE no. 117 117 of 23 December 2010 , published in MONITORUL OFFICIAL no. 891 891 of 30 December 2010. + Article 22 ^ 1 (1) Persons who are subject to social security legislation in Romania under the conditions laid down by the regulations of the European Union regarding the application of social security schemes of employees, self-employed workers and members their families moving within the European Union or the European regulations on the coordination of social security systems, having an employer that has no registered office or representation on the territory of Romania, can be ensured in the unemployment insurance system in Romania by concluding a contract of unemployment insurance, with the employment agency in whose territorial area they have, as the case may be, their domicile, residence or exercise their right to residence according to the law, given that they are insured in the public pension system and in the health insurance system and do not have a pensioner status, according to the law. ... (2) Monthly income to which the persons referred to in par. (1) and to which the contribution to the unemployment insurance budget is paid, in the quota established by law for persons insured under the unemployment insurance contract, may not be less than the minimum gross basic salary per country guaranteed in payment, established according to the law, and higher than the equivalent of 5 times the average gross earnings, used to substantiate the state social insurance budget and approved by the state social insurance budget law. ... ---------- Article 22 ^ 1 has been introduced by item 10 10 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Section 2 Unemployment insurance budget + Article 23 (1) The unemployment insurance budget includes the income and expenses of the unemployment insurance system. ... (2) The Ministry of Labour, Family and Social Protection bases annually, on the basis of the proposals of the National Employment Agency, the draft unemployment insurance budget. ... (3) The unemployment insurance budget is approved by the state social insurance budget law. ... + Article 24 (1) The incomes of the unemployment insurance budget shall be: ... a) the contributions of employers and persons to whom they operate the insured persons referred to in art. 19 lit. b)-f), assimilated to the employer, according to the ... ---------- Lit. a) a par. ((1) of art. 24 24 has been amended by section 4.2 4 4 of art. X of EMERGENCY ORDINANCE no. 117 117 of 23 December 2010 , published in MONITORUL OFFICIAL no. 891 891 of 30 December 2010. b) individual contributions of persons referred to in art. 19 19; ... c) contributions due by persons entering into the unemployment insurance contract; ... d) income from other sources, including external financing. ... (1 ^ 1) With the amounts recovered from the flows from income due to the unemployment insurance budget, the revenues of this budget shall be completed, depending on the nature of the source to which the debit was created. ---------- Alin. ((1 ^ 1) of art. 24 24 has been introduced by section 7 7 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. (2) If the sources referred to in par. (1) does not cover the financing of expenses, the budget deficit will be covered by subsidies from the state budget. ... + Article 25 (1) The establishment of resources and the expenses of the unemployment insurance budget shall be carried out through the state treasury. ... (2) The cash availability recorded at the end of the year by the unemployment insurance budget shall be carried over and used in the following year. ... ---------- Alin. ((2) of art. 25 25 has been amended by section 8 8 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. (3) The money availability of the unemployment insurance budget is interest-bearing. ... ---------- Alin. ((3) of art. 25 25 has been introduced by section 9 9 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. ((4) Measures to stimulate employment whose funding is provided from the unemployment insurance budget and which, according to the legal provisions, continue in the next budget year will be financed from the budget of the year, from the appropriations approved for this purpose. ... ---------- Alin. ((4) of art. 25 25 has been introduced by section 1 1 of art. unique from LAW no. 233 233 of 7 December 2010 published in MONITORUL OFFICIAL no. 831 831 of 13 December 2010. + Article 26 Employers are required to calculate monthly and to pay, according to the provisions Law no. 571/2003 , with subsequent amendments and completions, a contribution to the unemployment insurance budget, whose share provided by law applies to the basis for the calculation of the contribution due by the employer to the unemployment insurance budget, established according to the law, in the situation of persons legally insured, by the effect of the law, 19. ----------- Article 26 has been amended by section 6.6. 11 11 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 27 *) (1) Employers have the obligation to calculate and retain monthly, as well as to turn according to the provisions Law no. 571/2003 ... , with subsequent amendments and completions, the individual contribution to the unemployment insurance budget, whose quota provided by law applies to the basis for calculating the individual contribution to the unemployment insurance budget, established according to the law, in the situation of persons legally insured, by the effect of the law, 19. ---------- Alin. ((1) of art. 27 27 has been amended by section 12 12 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (2) Provisions of para. (1) shall not apply during the period in which the employment or service relations of persons compulsorily insured, by the effect of the law, provided in art. 19, are suspended according to the law, except for the period of temporary incapacity for work in which the payment of the allowance is borne by the unit, according to the ... ---------- Article 27 has been amended by section 6.6. 6 6 of art. X of EMERGENCY ORDINANCE no. 117 117 of 23 December 2010 , published in MONITORUL OFFICIAL no. 891 891 of 30 December 2010. + Article 28 Persons insured under the unemployment insurance contract are required to pay a monthly contribution to the unemployment insurance budget, the share of which applies to the monthly income declared in the unemployment insurance contract. ---------- Article 28 has been amended by section 6.6. 13 13 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 29 ((1) The rates of contributions provided for art. 26 and 27, established according to Law no. 571/2003 ... , with subsequent amendments and completions, they can change, depending on the need for resources to cover the expenses of the unemployment insurance budget, through the state social insurance budget law. ((2) Share the contribution provided in art. 28 represents the amount of the allowances of the contributions provided 26 26 and 27, established according to par. (1), and may change depending on the need for resources to cover the expenses of the unemployment insurance budget, by the state social insurance budget law. ... ---------- Article 29 has been amended by section 6.6. 14 14 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 30 (1) The income from other sources of the unemployment insurance budget is mainly from interest, increases for the non-payment of the contributions, refunds of credits granted under the law, amounts representing the value training courses collected by the National Agency for Employment, penalties, fines and any other amounts collected according to the law to the unemployment insurance budget. ... (2) The amounts representing the value of the training courses collected by the National Employment Agency shall be as income from other sources of the unemployment insurance budget, in so far as, according to Legal provisions, not otherwise provided. ... ---------- Article 30 has been amended by section 6.6. 1 1 of art. VI of EMERGENCY ORDINANCE no. 28 28 of 20 May 2014 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 31 (1) The deadline for submitting the declaration on the obligations to pay the social contributions and the nominal record of insured persons, provided by law, is also the deadline for payment of the contributions provided in art. 26 26 and 27 *). ... ---------- Alin. ((1) of art. 31 31 has been amended by section 8 8 of art. X of EMERGENCY ORDINANCE no. 117 117 of 23 December 2010 , published in MONITORUL OFFICIAL no. 891 891 of 30 December 2010. (2) In case of non-payment of contributions due to the unemployment insurance budget, the legal regulations on the execution of budgetary claims shall be applied. ... ---------- Article 31 has been amended by section 6.6. 7 7 of art. I of EMERGENCY ORDINANCE no. 144 144 of 18 October 2005 , published in MONITORUL OFFICIAL no. 969 969 of 1 November 2005. + Article 32 In case of non-payment of contributions for the establishment of the unemployment insurance budget, the late increases and penalties, the enforcement measures, established according to the legal provisions in force on execution of budgetary claims ---------- Article 32 has been amended by section 4.2. 15 15 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 33 (1) The financial sources set up under the unemployment insurance budget shall cover, in particular, the following expenditure on: ... a) payment of unemployment benefits, as well as unemployment benefits related to the rights established by the competent institutions in the field of unemployment in Iceland, Norway, Lichtenstein and Switzerland, under the terms of this Law and of the provisions on the unemployment benefit provided for by the European Union regulations on the application of social security schemes to employees, self-employed workers and their family members moving within the Union European as well as measures adopted, according to the law, in the application of these European regulations; ... ---------- Lit. a) a par. ((1) of art. 33 33 has been amended by section 4.2 16 16 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. a ^ 1) unemployment benefits paid by the competent institutions in the field of unemployment in the Member States of the European Union within the first 3 months or, where appropriate, 5 months of compensation and the reimbursement of which is requested by the National Employment Agency Labour, in its capacity as liaison body for the payment of unemployment benefits, established under the provisions of the European legal instruments by the competent institutions, subject to the provisions on unemployment benefit provided by the European Union regulations on the coordination of social security; ---------- Lit. a ^ 1) a par. ((1) of art. 33 33 was introduced by section 4.2. 17 17 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. b) payment of contributions for state social insurance and social health insurance contributions for beneficiaries of unemployment benefits, established according to the law; ... c) compensation payments granted according to the law ... d) fees, commissions and other expenses occasioned by making the payments provided in lett. a)-c); ... e) financing measures to stimulate employment and measures to prevent unemployment; ... f) the financing of vocational training services for persons who, according to the law, benefit free of charge from these services; ... ---------- Lit. f) a par. ((1) of art. 33 33 has been amended by section 4.2 13 13 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. g) financing of studies, reports and analyses on the labor market, ordered by the specialized institutions by the National Employment Promotion Commission and the National Employment Agency; ... h) the organization and functioning of the National Employment Agency, including the realization of investment objectives, endowments and other expenses of the nature of capital expenditures, within the limits provided by law; ... i) participation in the activity of international organizations, including the payment of contributions for their affiliation; ... j) application of measures for the recovery of debits; ... k) co-financing of projects on the modernization of employment and training services on the basis of international agreements; ... l) co-financing of programmes on employment stimulation; ... l ^ 1) the financing of the national contribution for the implementation of the projects carried out under the operational programmes financed from structural instruments, as well as measures on the labour market of the nature of the services and which represent eligible actions according to the European regulations on the creation of the European Globalisation Adjustment Fund and are provided for by the National Employment Agency's programmes, for which a financial contribution from the European Globalisation Adjustment Fund, under the conditions of specific European regulations ---------- Lit. l ^ 1) a par. ((1) of art. 33 33 was introduced by section 4.2. 18 18 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. m) the reimbursement of loans contracted under the law, as well as the payment of interest and commissions related to them; ... n) other expenses provided by the legislation in force. ... o) the financing of services for the assessment and certification of professional skills obtained in other ways than formal ones for persons registered with employment agencies, who benefit from these services free of charge, as well as the activity of elaboration, updating and approval of the specific instruments necessary for the organization by the National Employment Agency, according to the law, of the evaluation and certification of competences acquired in other ways than Formal. ... ---------- Lit. o) a par. ((1) of art. 33 33 was introduced by section 4.2. 19 19 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (2) The level of expenditure of the unemployment insurance budget shall be based on the Ministry of Labour, Family and Social Protection, on the proposal of the National Employment Agency, depending on the social indicators established on the basis of analyses, studies and forecasts of labour market developments. ... (3) Expenses with the transmission to beneficiaries of the rights provided in art. 43, which is borne from the unemployment insurance budget, shall be established as follows: ... a) by establishing a tariff for a payment slip, if the payment is made at the home of the beneficiaries in Romania; ... b) by applying a percentage on the amounts paid, if the payment of the rights is made at the home of the beneficiaries; ... c) by establishing a bank fee, negotiable, in the event that the payment of rights is made in the current account or in account of the card. ... ---------- Alin. ((3) of art. 33 33 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 108 108 of 6 December 2010 published in MONITORUL OFFICIAL no. 830 830 of 10 December 2010. (4) The percentage provided in par. ((3) lit. b) it is established that the total transmission expenses do not exceed 1% of the total amount of the amounts paid. ... ---------- Alin. ((4) of art. 33 33 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 108 108 of 6 December 2010 published in MONITORUL OFFICIAL no. 830 830 of 10 December 2010. (5) The banking commission referred to in par. ((3) lit. c) it is established that the total transmission expenses do not exceed 0,15% of the total amount of the amounts paid. ... ---------- Alin. ((5) of art. 33 33 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 108 108 of 6 December 2010 published in MONITORUL OFFICIAL no. 830 830 of 10 December 2010. + Article 33 ^ 1 The value of the social reference indicator is 500 lei. ---------- Art. 33 ^ 1 was introduced by item 6 6 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. + Section 3 Unemployment benefit + Article 34 (1) The unemployed referred to in art. 17 17 para. ((1) benefit from unemployment benefit if they cumulatively meet the following conditions: ... a) have a contribution period of at least 12 months in the last 24 months prior to the date of registration of the application; ... b) does not realize income or realize, from activities authorized according to the law, incomes lower than the value of the social reference indicator, in force; ... ---------- Lit. b) a par. ((1) of art. 34 34 has been amended by section 4.2 7 7 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. c) do not meet the retirement conditions, according to the law ... d) are registered with the employment agencies in whose territorial area they have their domicile or, as the case may be, the residence, if they had the last job or realized income in that locality. ... ((1 ^ 1) When establishing the period of 24 months, provided in par. ((1) lit. a), shall not be taken into account: a) the period of suspension of employment or service relations, except for the period of temporary incapacity for work in which the payment of the allowance is borne by the unit, according to the law *); ... ---------- Lit. a) a par. ((1 ^ 1) of art. 34 34 has been amended by section 4.2 9 9 of art. X of EMERGENCY ORDINANCE no. 117 117 of 23 December 2010 , published in MONITORUL OFFICIAL no. 891 891 of 30 December 2010. b) the retirement period for invalidity, if it does not exceed 12 months, for the persons referred to in art. 17 17 para. ((1) lit. g); ... c) the period between the date of suspension of employment or service relations and the date of termination of the reason for which they were suspended, for the persons referred to in art. 17 17 para. ((1) lit. h); ... d) the period between the date of termination of employment or service and the date of final stay of the judicial decision of reintegration into work, if this period does not exceed 12 months, for the persons referred to in art. 17 17 para. ((1) lit. j). ... ---------- Alin. ((1 ^ 1) of art. 34 34 has been introduced by section 14 14 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. (1 ^ 2) For persons with individual part-time employment contract, the contribution period provided in par. ((1) lit. a) is established in proportion to the time actually worked, by cumulating the internships carried out on the basis of individual part-time employment contracts. ---------- Alin. ((1 ^ 2) of art. 34 34 has been introduced by section 14 14 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. (1 ^ 3) For persons with temporary employment contract, the contribution period provided in par. ((1) lit. a) is established according to the duration of each mission, namely the time when the persons are at the disposal of the temporary work agent, between missions. ---------- Alin. ((1 ^ 3) of art. 34 34 has been introduced by section 14 14 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. (2) It constitutes a contribution period and the periods for which the employer is exempted, under the law, from the payment of the contribution due to the unemployment insurance budget. ... ---------- Alin. ((2) of art. 34 34 has been amended by section 4 4 of art. VI of EMERGENCY ORDINANCE no. 17 17 of 23 February 2011 , published in MONITORUL OFFICIAL no. 145 145 of 28 February 2011. (3) The unemployed referred to in art. 17 17 para. ((2) benefit from unemployment benefits if they cumulatively meet the following conditions: ... a) are registered with the employment agencies in whose territorial area they are domiciled; ... b) does not realize income or realize, from activities authorized according to the law, incomes lower than the value of the social reference indicator, in force; ... ---------- Lit. b) a par. ((3) of art. 34 34 has been amended by section 4.2 8 8 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. c) do not meet the retirement conditions, according to the law ... + Article 35 (1) For persons who have had employment or suspended service relationships, except for the period of temporary incapacity for work in which the payment of the allowance is borne by the unit, according to the law, the minimum contribution period is made by the aggregation of the insurance period completed before the suspension with the insurance period performed after the resumption of the activity *) ... ---------- Alin. ((1) of art. 35 35 has been amended by section 10 10 of art. X of EMERGENCY ORDINANCE no. 117 117 of 23 December 2010 , published in MONITORUL OFFICIAL no. 891 891 of 30 December 2010. (2) For the persons referred to in art. 17 17 para. ((1) lit. g) and j), the minimum contribution period is achieved by cumulating insurance periods carried out before the end of employment or service relationships. ... (3) For the persons referred to in art. 17 17 para. ((1) lit. h), the minimum contribution period is achieved by cumulating insurance periods carried out before the suspension of employment or service relationships. ... ---------- Article 35 has been amended by section 6.6. 16 16 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. + Article 36 ((1) Vechimea in work recognised for the establishment of unemployment rights provided for by Law no. 1/1991 on the social protection of the unemployed and their professional reintegration, republished, as amended, until the date of entry into force of this Law shall be assimilated with the contribution period. ... (2) Proof of seniority, provided in par. (1), shall be made with the work card or other acts provided by law. ... (3) The certification of the contribution period made prior to the entry into force of this Law shall be made by the employment agencies. ... + Article 37 (1) It constitutes a contribution period during which the employees or, as the case may be, the employers have paid insurance contributions for unemployment in the unemployment insurance system in Romania, as well as in other countries, under the conditions established by the agreements and the international conventions to which Romania is a party. ... ---------- Alin. ((1) of art. 37 37 has been amended by section 5 5 of art. VI of EMERGENCY ORDINANCE no. 17 17 of 23 February 2011 , published in MONITORUL OFFICIAL no. 145 145 of 28 February 2011. (2) The rights due in the unemployment insurance system in Romania may be transferred to the countries where the insured persons establish their domicile or residence, under the conditions regulated by international agreements and conventions to which Romania is a party. ... (3) Unemployment allowances related to the rights provided in par. ((2) may be transferred to other countries, under the conditions regulated by international agreements and conventions to which Romania is a party, in the currency of the respective countries or in another currency on which it was agreed. ... (4) Unemployment allowances due in the unemployment insurance system in Romania may be kept in payment during the period in which the person moves to the territory of another Member State of the European Union, of the European Economic Area and on the territory of Switzerland, in order to seek employment under the provisions relating to unemployment benefit, provided for by the European Union regulations on the application of social security schemes to employees, workers independents and members of their families moving within the European Union or, where appropriate, the European regulations on the coordination of social security systems and the measures adopted, according to the law, in the application of these European regulations. ... ---------- Alin. ((4) of art. 37 37 has been amended by section 20 20 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (5) The unemployment benefits related to the rights established by the competent institutions in the field of unemployment in other Member States of the European Union may be kept in payment in Romania, subject to the provisions on unemployment benefit, laid down by Community rules on the application of social security schemes to employees, self-employed workers and members of their families moving within the European Community, as well as measures adopted, according to the law, in applying these community regulations. ... ---------- Alin. ((5) of art. 37 37 has been introduced by section 9 9 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. + Article 37 ^ 1 (1) When establishing the minimum contribution period of 12 months in the last 24 months before the date of registration of the application, provided in art. 34 34 para. ((1) lit. a), the periods representing the contribution period used for the establishment and the previous granting of a right to unemployment benefit shall not be taken into account. ... (2) The periods representing the contribution period and which were used for the establishment and the previous granting of a right to unemployment benefit, provided in par. ((1), shall be taken into account when determining the contribution period according to which the period for which the unemployment allowance is granted and the amount of this right, provided for in art. 39. ... ---------- Article 37 ^ 1 has been introduced by item 2 2 of art. unique from LAW no. 233 233 of 7 December 2010 published in MONITORUL OFFICIAL no. 831 831 of 13 December 2010. + Article 38 (1) The unemployment allowance shall be granted to the persons referred to in art. 17, upon request, as applicable, from the date: ... a) termination of employment; ... ---------- Lit. a) a par. ((1) of art. 38 38 has been amended by section 4.2 10 10 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. b) termination of service relations; ... c) termination of the mandate for which they were appointed or elected; ... d) expiration of the duration or dissolution of the contract of the employees on the basis of contract. ... ---------- Lit. d) a par. ((1) of art. 38 38 has been amended by section 4.2 3 3 of art. I of EMERGENCY ORDINANCE no. 124 124 of 2 October 2002 , published in MONITORUL OFFICIAL no. 740 740 of 10 October 2002. e) the cessation of the cooperative membership; ... f) termination of the unemployment insurance contract; ... g) termination of the reason for which they were retired; ... h) termination of the reason for which employment or service relations have been suspended; ... ---------- Lit. h) a par. ((1) of art. 38 38 has been amended by section 4.2 17 17 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. i) repealed; ... ---------- Lit. i) a par. ((1) of art. 38 38 has been repealed by section 6.6. 18 18 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. j) final stay of the court decision; ... k) termination of the activity carried out exclusively on the basis of a legal report, other than those of the nature of those provided in a)-e) and lit. g) and h), in consideration of which, according to the law, the individual insurance contribution for unemployment was due; ... ---------- Lit. k) a par. ((1) of art. 38 38 has been amended by section 4.2 21 21 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. l) expiration of the 60-day period, provided in art. 17 17 para. ((2) lit. a); ... m) graduation, for the cases provided in art. 17 17 para. ((2) lit. b); ... n) repealed; ... ---------- Lit. n) a par. ((1) of art. 38 38 has been repealed by section 6.6. 6 6 of art. VI of EMERGENCY ORDINANCE no. 17 17 of 23 February 2011 , published in MONITORUL OFFICIAL no. 145 145 of 28 February 2011. (2) The unemployment allowance shall be granted from the date provided in par. ((1), if the application is registered with the employment agency within 10 days of this date. ... ---------- Alin. ((2) of art. 38 38 has been amended by section 7 7 of art. VI of EMERGENCY ORDINANCE no. 17 17 of 23 February 2011 , published in MONITORUL OFFICIAL no. 145 145 of 28 February 2011. (3) If the application is registered after the expiry of the 10-day period, but no later than 12 months from the date provided in par. ((1), the unemployment allowance shall be granted from the date of registration of the application. ... ---------- Alin. ((3) of art. 38 38 has been amended by section 7 7 of art. VI of EMERGENCY ORDINANCE no. 17 17 of 23 February 2011 , published in MONITORUL OFFICIAL no. 145 145 of 28 February 2011. (4) The term of maximum 12 months provided in par. (3) is the term of revocation of rights. ... + Article 39 (1) The unemployment allowance shall be granted to the unemployed referred to in art. 17 17 para. ((1), during differentiated periods, depending on the contribution period, as follows: ... a) 6 months, for persons with a contribution period of at least one year; ... b) 9 months, for persons with a contribution period of at least 5 years; ... c) 12 months, for persons with a contribution period of more than 10 years *). ... (2) The amount of unemployment allowance provided in par. ((1) is a monthly and differentiated amount, depending on the contribution period, as follows: ... a) 75% of the value of the reference social indicator in force at the time of its establishment, for persons with a contribution period of at least one year; ... ---------- Lit. a) a par. ((2) of art. 39 39 has been amended by section 4.2 3 3 of art. I of EMERGENCY ORDINANCE no. 108 108 of 6 December 2010 published in MONITORUL OFFICIAL no. 830 830 of 10 December 2010. b) the amount provided in lett. a) to which an amount calculated by applying on the average of the gross monthly basic salary is added for the last 12 months of contribution period, of a percentage share differentiated according to the contribution period. ... (3) The percentage shares differentiated according to the contribution period, provided in par. ((2) lit. b), are: ... a) 3% for persons with a contribution period of at least 3 years; ... b) 5% for persons with a contribution period of at least 5 years; ... c) 7% for persons with a contribution period of at least 10 years; ... d) 10% for persons with a contribution period of at least 20 years. ... (4) For persons who have been insured under an unemployment insurance contract, when determining the amount calculated by applying a differentiated percentage rate according to the contribution period, provided in par. ((2) lit. b), the monthly income declared in the unemployment insurance contract will be considered. ... ---------- Article 39 has been amended by section 6.6. 8 8 of art. I of EMERGENCY ORDINANCE no. 144 144 of 18 October 2005 , published in MONITORUL OFFICIAL no. 969 969 of 1 November 2005. + Article 40 (1) The unemployment allowance shall be granted to the unemployed referred to in art. 17 17 para. (2) for a period of 6 months and is a fixed, monthly amount, the amount of which represents 50% of the value of the reference social indicator, in force at the date of its establishment. ... ---------- Alin. ((1) of art. 40 40 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 108 108 of 6 December 2010 , published in MONITORUL OFFICIAL no. 830 830 of 10 December 2010. (2) The unemployment allowance provided in par. (1) shall be granted to the unemployed referred to in art. 17 17 para. ((2) lit. a) and b), once, for each form of graduate education. ... + Article 41 ((. Persons benefiting from unemployment benefit shall have the following obligations: ... a) to submit monthly, on the basis of the appointment or whenever requested, to the employment agency to which they are registered, in order to receive support for employment; ... b) to communicate within 3 days to the employment agency to which any changes to the conditions that led to the granting of rights are recorded; ... c) to participate in the employment and training services offered by the employment agency to which they are registered; ... d) to actively seek employment. ... e) notify in writing the employment agency to which the occurrence of the state of temporary incapacity for work and the identification data are recorded, namely the name of the prescriber and the unit in which it operates, in hours after the date of granting the sick leave. If the appearance of the state of temporary incapacity for work has intervened in days declared non-working or the fulfillment of the 24-hour period is carried out in days declared non-working, persons who benefit from unemployment benefit have the obligation to notify the employment agency to which they are registered on the first working day. ... ---------- Lit. e) a par. ((1) of art. 41 41 was introduced by section 4.2. 3 3 of art. unique from LAW no. 233 233 of 7 December 2010 published in MONITORUL OFFICIAL no. 831 831 of 13 December 2010. (1 ^ 1) The obligation provided in par. ((1) lit. c) does not apply if persons receiving unemployment benefit participate in vocational training programs, organized under the law, whose funding is provided from the non-reimbursable financial assistance received by Romania, as a Member State of the European Union, through the European Regional Development Fund, the European Social Fund and the Cohesion Fund. The obligation does not apply during the period when persons participate in these training programs, given that, prior to inclusion under these programs, they were not included in the services to stimulate employment. work and training provided by the employment agency and are in the period of granting these services. ---------- Alin. ((1 ^ 1) of art. 41 41 has been introduced by section 4 4 of art. unique from LAW no. 233 233 of 7 December 2010 published in MONITORUL OFFICIAL no. 831 831 of 13 December 2010. (1 ^ 2) Persons referred to in par. (1 ^ 1) have the obligation to submit monthly, at the date of the appointment provided in par. ((1) lit. a), to the employment agency to which the proof of their participation in vocational training programs whose funding is provided from the non-reimbursable financial assistance received by Romania, as a member state of The European Union, through the European Regional Development Fund, the European Social Fund and the Cohesion Fund, or, as the case may be, the proof of participation in their graduation exam. Presentation of proof does not constitute unjustified refusal according to art. 44 lit. d) and e). ---------- Alin. ((1 ^ 2) of art. 41 41 has been introduced by section 4 4 of art. unique from LAW no. 233 233 of 7 December 2010 published in MONITORUL OFFICIAL no. 831 831 of 13 December 2010. (1 ^ 3) If the obligation provided in par. (1 ^ 2) is not fulfilled, the provisions of par. ((1 ^ 1) does not apply. ---------- Alin. ((1 ^ 3) of art. 41 41 has been introduced by section 4 4 of art. unique from LAW no. 233 233 of 7 December 2010 published in MONITORUL OFFICIAL no. 831 831 of 13 December 2010. (2) Employers who have employed, according to the law, persons among beneficiaries of unemployment benefits have the obligation to notify within 3 days the employment agencies to which they have been registered. ... (3) The obligation provided in par. (2) also returns to the territorial pension houses that have established and put into payment the pensions due to the beneficiaries of unemployment benefit. ... + Article 42 (1) Do not benefit from unemployment benefit persons who, at the time of application of the right, refuse a job according to the training or level of studies or refuse to participate in services for stimulating employment and vocational training offered by the employment agencies. ... ---------- Alin. ((1) of art. 42 42 has been amended by section 5 5 of art. I of EMERGENCY ORDINANCE no. 108 108 of 6 December 2010 , published in MONITORUL OFFICIAL no. 830 830 of 10 December 2010. (2) Do not benefit from unemployment benefit graduates who, at the time of application of the law, follow a form of education. ... (3) The licensed graduates of the faculties of medicine, dental medicine and pharmacy who, at the time of application of the right, have promoted the national residency competition on places or on posts, under the conditions of law. ... ---------- Alin. ((3) of art. 42 42 has been introduced by section 22 22 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 43 (1) The unemployment allowance shall be paid monthly in the amount provided for in art. 39 39 para. ((2), respectively in art. 40 40 para. ((1). ... (2) For fractions of the month the unemployment allowance shall be calculated in proportion to the number of calendar days of that month. ... + Article 44 The termination of the payment of unemployment benefits granted to beneficiaries shall take place as follows: a) at the time of employment, according to the law, for an indefinite period or for a fixed period of more than 12 months; ... ---------- Lit. a) of art. 44 44 has been amended by section 4.2 23 23 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. b) on the date when they perform, from activities authorized according to the law, monthly incomes higher than the value of the social reference indicator, in force; ... ---------- Lit. b) of art. 44 44 has been amended by section 4.2 11 11 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. c) 90 days from the date of issue of the operating authorization to carry out independent activities or the registration certificate, according to the law, if they make monthly incomes higher than the value of the reference social indicator, in vigor; ... ---------- Lit. c) of art. 44 44 has been amended by section 4.2 11 11 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. d) on the date of unjustified refusal to fit into a job according to the preparation or level of studies; ... ---------- Lit. d) of art. 44 44 has been amended by section 4.2 6 6 of art. I of EMERGENCY ORDINANCE no. 108 108 of 6 December 2010 published in MONITORUL OFFICIAL no. 830 830 of 10 December 2010. e) on the date of unjustified refusal to participate in services to stimulate employment and vocational training or on the date of their interruption for reasons attributable to the person; ... f) if the retirement period for disability exceeds 12 months; ... g) on the date of meeting the retirement conditions for the age limit, from the date of application of the early pension or on the date when the invalidity pension becomes unbreakable; ... h) on the date of departure from the country of the beneficiary for more than 3 months; ... ---------- Lit. h) a art. 44 44 has been amended by section 4.2 23 23 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. i) on the date of commencement of execution of a custodial sentence for a period of more than 12 months; ... j) in the case of the beneficiary ... k) at the expiry of the deadlines provided in art. 45 45 para. ((2), (3) and (3 ^ 1); ... ---------- Lit. k) art. 44 44 has been amended by section 4.2 11 11 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. l) on the expiry of the deadlines provided in art. 39 39 para. ((1), respectively in art. 40 40 para. ((1); ... m) at the date of admission in a form of education, in the case of persons assimilated to the unemployed, provided in art. 17 17 para. ((2) lit. a) and b). ... ---------- Lit. m) of art. 44 44 has been amended by section 4.2 19 19 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. n) on the date from which he begins his activity in elective positions or on the date on which they are appointed within the executive authority, legislative or judicial, during the term of office; ... ---------- Lit. n) of art. 44 44 was introduced by section 4.2. 24 24 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. o) at the date of employment, according to the law, on the basis of contract, in the situation of volunteers and volunteer grad ... ---------- Lit. o) of art. 44 44 was introduced by section 4.2. 24 24 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. p) at the date of promotion of the national residency contest on places or on posts, under the law; ... ---------- Lit. p) of art. 44 44 was introduced by section 4.2. 24 24 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. q) from the date on which they carry out an activity for a period of more than 12 months, based on a legal report in consideration of which income from copyright and related rights defined according to art. 7 7 para. ((1) pt. 13 ^ 1 of Law no. 571/2003 ... , with subsequent amendments and completions, and/or revenues from contracts/conventions concluded according to Law no. 287/2009 on the Civil Code, republished, as amended, hereinafter referred to as the Civil Code, or pursuant to Law no. 96/2006 on the Statute of Members and Senators, republished, with subsequent amendments and completions, or Law no. 53/1991 on the allowances and other rights of senators and deputies, as well as the salary of the staff in the apparatus of the Romanian Parliament, republished, with subsequent amendments and completions. ---------- Lit. q) of art. 44 44 was introduced by section 4.2. 24 24 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 45 (1) The suspension of the payment of unemployment benefits granted to beneficiaries shall take place as follows: ... a) on the date on which he did not fulfill the obligation provided for in 41 41 para. ((1) lit. a); ... b) during the performance of active military service; ... ---------- Lit. b) a par. ((1) of art. 45 45 has been amended by section 4.2 25 25 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. c) at the time of employment, according to the law, for a fixed period of no more than 12 months; ... ---------- Lit. c) a par. ((1) of art. 45 45 has been amended by section 4.2 25 25 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. d) on the date of obtaining the authorization to maintain the payment of unemployment benefit, at the request of the person moving inside the European Union, the European Economic Area or in Switzerland to seek a job and wish to maintain the payment of unemployment benefit, according to the legal provisions, for a maximum period of 3 months or, as the case may be, 6 months, with the approval of the employment agency in whose territorial area it has, as the case may be, its domicile or residence; ... ---------- Lit. d) a par. ((1) of art. 45 45 has been amended by section 4.2 25 25 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. e) during the period in which he is remanded in custody or for the execution of a custodial sentence of up to 12 months; ... f) at the date of retirement for disability; ... g) during the period of granting the allowance for temporary incapacity to work, the maternity allowance and the allowance for raising the child until the age of 2 years, respectively 3 years or 7 years, in the case of the disabled child; ... ---------- Lit. g) a par. ((1) of art. 45 45 has been amended by section 4.2 25 25 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. h) during the temporary incapacity of work of more than 3 days due to accidents occurred during the qualification courses, retraining, improvement or, as the case may be, other forms of professional training, during and due to the practice professional; ... i) during the granting of compensatory payments, according to the law, in a situation where these money rights are granted from the unemployment insurance budget; ... ---------- Lit. i) a par. ((1) of art. 45 45 has been amended by section 4.2 25 25 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. j) on the date of departure from the country for a period of less than 3 months, at the request of the person, if the payment of the unemployment allowance is not suspended under the conditions of d); ... ---------- Lit. j) a par. ((1) of art. 45 45 was introduced by section 4.2. 26 26 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. k) on the date of commencement of an activity for a period of less than 12 months, based on a legal report in consideration of which income from copyright and related rights defined according to art. 7 7 para. ((1) pt. 13 ^ 1 of Law no. 571/2003 ... , with subsequent amendments and completions, and/or revenues from contracts/conventions concluded according to the Civil Code or under Law no. 96/2006 , republished, with subsequent amendments and completions, or of Law no. 53/1991 , republished, with subsequent amendments and completions. ---------- Lit. k) a par. ((1) of art. 45 45 was introduced by section 4.2. 26 26 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (2) Repaying in payment, after suspension under the conditions of par. ((1) lit. a), is made from the date of submission of the beneficiary's request, but no later than 60 calendar days from the date of suspension. ... (3) Repaying in payment, after suspension under the conditions of par. ((1) lit. b), c), e)-i) and k), shall be made from the date of submission of the beneficiary's request, but no later than 30 calendar days from the date of termination of the situation that led to the suspension. ... ---------- Alin. ((3) of art. 45 45 has been amended by section 27 27 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. ((3 ^ 1) Repation in payment, after suspension under the conditions of par. ((1) lit. d), as appropriate, shall be as follows: a) from the date of submission of the beneficiary's request, but no later than 3 months from the date of suspension, in the event that the person is incidental to the provisions regarding the unemployment benefit provided by the regulations of the European Union regarding the application of social security schemes to employees, self-employed workers and members of their families moving within the European Union, as well as the measures adopted, according to the law, in the application of these regulations European ... b) from the date set according to the regulations of the European Union on the coordination of social security systems, as well as the measures adopted, according to the law, in the application of these European regulations, but no later than 3 months after suspension, if the person is incidental to the provisions relating to unemployment benefit provided by the European regulations on the coordination of social security systems, as well as the measures adopted, according to the law, in application of these European regulations or, where appropriate, 6 months, with the approval of the Agency employment in whose territorial area, where applicable, its domicile or residence. ... ---------- Alin. (3 ^ 1) of art. 45 45 has been amended by section 27 27 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. ((3 ^ 2) Repaying in payment, after suspension under the conditions of par. ((1) lit. j), is made from the date of submission of the beneficiary's request, but no later than 3 months from the date of suspension. ---------- Alin. (3 ^ 2) of art. 45 45 has been introduced by section 28 28 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (4) The period of suspension provided in par. ((1) lit. a) is part of the period of granting unemployment benefit. ... (5) The period of suspension of unemployment benefit during the granting of the allowance for temporary incapacity for work, provided in par. ((1) lit. g), is part of the period of granting unemployment benefit if the obligation provided for in art. 41 41 para. ((1) lit. e). ... ---------- Alin. ((5) of art. 45 45 has been introduced by section 5 5 of art. unique from LAW no. 233 233 of 7 December 2010 published in MONITORUL OFFICIAL no. 831 831 of 13 December 2010. + Article 46 The money rights provided in art. 43 are subject to forced execution for debits from their undue payment, as well as for the cases provided by the Code of Civil Procedure or other special legal provisions. + Article 47 ((1) The amounts unduly granted from the unemployment insurance budget, as well as any other debits to the unemployment insurance budget other than those coming from contributions, shall be recovered on the basis of the decisions issued by the agencies for employment or, where applicable, regional adult vocational training centres, which constitute enforceable securities. ... (2) The amounts referred to in par. ((1) shall be recovered from the beneficiaries within the general legal limitation period. ... ((3) The remaining unrecovered amounts from the deceased beneficiaries shall no longer be pursued. ... ---------- Article 47 has been amended by section 6.6. 15 15 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. + Article 48 (1) The beneficiaries of unemployment benefit are insured in the state social insurance system and in the health insurance system and benefit from all the rights provided by law for the insured persons of these systems. ... ((2) The contribution for state social insurance and the contribution for health insurance shall be borne from the unemployment insurance budget and shall be transferred to the respective insurance houses by the employment agencies. ... (3) The state social insurance rights of persons receiving unemployment benefit shall be borne from the state social insurance budget. ... (4) For compulsory social security contributions, which are borne from the unemployment insurance budget and are paid for the rights to unemployment benefit and other money rights, established and granted from the unemployment insurance budget for the periods prior to the month in which those rights are paid, under the law, no interest and late payment penalties are due. ... ---------- Alin. ((4) of art. 48 48 has been introduced by section 29 29 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Chapter IV Measures to prevent unemployment + Article 48 ^ 1 (1) In order to prevent unemployment and strengthen jobs by increasing and diversifying the professional skills of persons employed, employers who organize, on the basis of the annual training plan, programmes of professional training for their own employees, carried out by professional training service providers, authorized under the law, shall be granted, from the unemployment insurance budget, an amount representing 50% of the expenses with the services of professional training organised for a number of not more than 20% of staff engaged. ... (2) Employers may benefit from the amount provided in par. ((1) once in the course of a calendar year. ... ---------- Alin. ((2) of art. 48 ^ 1 has been amended by section 4.2 30 30 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. ((3) Abrogat. ... ---------- Alin. ((3) of art. 48 ^ 1 was repealed by section 1. 31 31 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (4) Employers are obliged to maintain the employment or service relationships of the persons participating in the professional training program, for which the amount provided in par. ((1), at least one year from the date of granting the amount. ... ---------- Alin. ((4) of art. 48 ^ 1 has been amended by section 4.2 16 16 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. (5) Employers who cease the employment or service relationships of the persons referred to in par. (4) prior to the term of one year shall be obliged to refund, in full, to the employment agencies the subsidy granted for each person, plus the reference interest of the National Bank of Romania, in force on the date of termination employment or service relations, if their termination has taken place for the reasons provided for in art. 83 83 para. (2), and can no longer benefit from the provisions of par. ((1) a period of 2 years from the date of termination of employment or service of those persons. ... ---------- Alin. ((5) of art. 48 ^ 1 has been amended by section 4.2 16 16 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. (6) The procedure and the way of granting the amount provided in par. (1) shall be established by normative acts elaborated in application of this law. ... ---------- Alin. ((6) of art. 48 ^ 1 has been amended by section 4.2 16 16 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. (7) The amount provided in par. ((1) shall be granted from the unemployment insurance budget, from the chapter "education", to employers selected by the employment agency, in compliance with the regulations applicable in the field of de minimis aid. ... ---------- Alin. ((7) of art. 48 ^ 1 has been amended by section 4.2 32 32 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. ---------- Article 48 ^ 1 has been introduced by item 21 21 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. + Article 49 In the case of collective redundancies, employers are required to notify employment agencies in order to take measures to combat unemployment and prevent the adverse social effects of such redundancies. ---------- Article 49 has been amended by section 6.6. 10 10 of art. I of EMERGENCY ORDINANCE no. 144 144 of 18 October 2005 , published in MONITORUL OFFICIAL no. 969 969 of 1 November 2005. + Article 50 (1) In the situations provided in art. 49 employers are obliged to give notice, according to the provisions of the Labor Code or collective agreement, to employees who are to be made redundant. ... (2) During the period of the notice provided in par. (1) the employees will participate in the pre-dismissal services carried out by the employment agencies or other providers of employment services in the public or private sector, accredited, selected by them, under the law. ... (3) In order to carry out the pre-dismissal services, employers in the situations referred to in art. 49 are obliged to notify employment agencies at least 30 calendar days prior to the issuance of dismissal decisions. ... ---------- Alin. ((3) of art. 50 50 has been amended by section 11 11 of art. I of EMERGENCY ORDINANCE no. 144 144 of 18 October 2005 , published in MONITORUL OFFICIAL no. 969 969 of 1 November 2005. + Article 51 For the purposes of this Law, it constitutes predismissal services, mainly the following activities: a) information on the legal provisions regarding the protection of the unemployed and the provision of employment and vocational training services; ... b) placing on locally existing vacancies and training in ways of searching for a job; ... c) professional reorientation within the unit or through short-term training courses; ... d) probing the opinion of employees and advising them on measures to combat unemployment. ... + Article 52 (1) The pre-dismissal services provided for in art. 51 may benefit, upon request, other persons threatened by the risk of becoming unemployed. ... (2) Procedures regarding access to measures for the prevention of unemployment, financing modalities and instructions for their implementation will be developed by the National Employment Agency, will be endorsed by the Ministry of Labour, Family and Social Protection and will be approved by Government decision. ... + Chapter V Measures to boost employment + Section 1 Specialised services + Article 53 Measures to boost employment are aimed at: a) increasing the chances of employment of people in search of a job; ... b) incentivising employers to work the unemployed and create new jobs. ... c) to promote participation in the labour market of young people at risk of social marginalisation. ... ---------- Lit. c) of art. 53 53 was introduced by section 4.2. 33 33 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 54 Measures to boost employment are aimed at both job seekers and employers and are carried out through specialised services, provided by employment agencies or by other employers. service providers in the public or private sector. + Article 55 (1) Providers of specialized services for the stimulation of employment may provide, on the basis of contracts concluded with employment agencies, services financed from the unemployment insurance budget, only if they are Accredited. ... (2) Accreditation of the service providers provided in par. (1) shall be made by the National Employment Agency. ... ((3) Abrogat. ... ---------- Alin. ((3) of art. 55 55 has been repealed by section 6.6. 2 2 of art. VI of EMERGENCY ORDINANCE no. 28 28 of 20 May 2014 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. ((4) Abrogat. ... ---------- Alin. ((4) of art. 55 55 has been repealed by section 6.6. 2 2 of art. VI of EMERGENCY ORDINANCE no. 28 28 of 20 May 2014 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 56 Service providers can provide specialized services to stimulate employment, funded from funds other than the unemployment insurance budget, only if they are accredited by the National Employment Agency. ---------- Article 56 has been amended by section 6.6. 23 23 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. + Article 56 ^ 1 *) Not subject to accreditation by the National Employment Agency specialized service providers for the stimulation of employment in the Member States of the European Union and the European Economic Area who have been subjected such conditions in the State of origin or the origin. ---------- Art. 56 ^ 1 was introduced by item 24 24 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. + Section 2 Increasing the chances of employment of people looking for a job + Article 57 (1) The increase of the employment chances of persons in search of a job shall be carried out by the National Employment Agency, mainly by: ... a) professional information and advice; ... b) work mediation; ... c) vocational training; ... c ^ 1) the assessment and certification of professional skills acquired on horses other than formal ones; ---------- Lit. c ^ 1) a par. ((1) of art. 57 57 was introduced by section 4.2. 34 34 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. d) advice and assistance for starting an independent activity or for starting a business; ... e) completion of employees ' salary income; ... f) stimulating labour mobility. ... (2) Increasing the employment opportunities of persons in search of a job can be carried out by the National Employment Agency and by promoting special programs in partnership with other legal entities governed by public law or private. ... (2 ^ 1) Increasing the employment chances of persons seeking employment can be achieved by the National Employment Agency and by granting measures on the labour market of the nature of financial services and allowances. customized actions that represent eligible actions according to the legal provisions and are provided for through the projects carried out within the operational programs financed from structural instruments or through the programs of the National Agency for Employment for which a financial contribution from the Fund is required European Adjustment to Globalization under the conditions of specific European regulations. ---------- Alin. (2 ^ 1) of art. 57 57 has been introduced by section 35 35 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (3) Measures aimed at increasing the chances of employment of persons in search of a job, provided in par. ((1) lit. a)-d), can also be carried out for a fee by service providers in the public or private sector accredited and/or authorized under the law. ... ---------- Article 57 has been amended by section 6.6. 12 12 of art. I of EMERGENCY ORDINANCE no. 144 144 of 18 October 2005 , published in MONITORUL OFFICIAL no. 969 969 of 1 November 2005. 1. Informing and professional counseling + Article 58 (1) Information and professional advice shall constitute a set of services provided free of charge to persons seeking employment, which shall aim at: ... a) providing information on the labour market and the evolution of occupations; ... b) assessment and self-assessment of personality for professional orientation; ... c) the development of the ability and self-confidence of people in search of a job, with a view to their decision on their own career; ... d) training in a job search methods and techniques. ... (2) Information and professional advice shall be carried out by specialised centres, organised within the employment agencies, as well as by other centres and service providers in the public or private sector, accredited, ending with employment agencies, under the law. ... (3) The information on the labour market, the establishment of the professional route, the evaluation and self-assessment is carried out by self-information, by providing individual or group counseling services offered, on request, to persons in search of a place of work or within the job-clubs organized by the employment agencies. ... (4) Professional counseling and training in methods and techniques of job search and presentation at interviews for employment are carried out by career guidance counselors, within the information and counseling centres. on career or, on request, in other forms organised by training. ... 2. Mediation of work + Article 59 (1) Mediation of work is the activity by which employers ' employment is carried out in the search for a job, in order to establish employment or service relationships. ... (2) Employment agencies are required to identify job vacancies with employers and make them known to job seekers. ... (3) Mediation services for jobseekers shall be granted free of charge by employment agencies and shall consist of: ... a) information on job vacancies and their conditions of employment through the publication, display, organization of scholarships of jobs; ... b) electronic mediation aimed at automatically putting in correspondence applications and job offers through the calculation technique; ... c) pre-selection of candidates corresponding to the requirements of the jobs offered and in accordance with their training, skills, experience and interests. ... + Article 60 (1) In order to carry out measures to stimulate employment, employment agencies have the obligation to draw up, for each person looking for a job, the individual mediation plan. ... (2) The drafting procedure, the content and the monitoring of the individual mediation plan will be established by order of the President of the National Employment Agency. ... + Article 61 (1) For unemployed persons who benefit from unemployment benefits, under the conditions provided by this law, the participation in mediation services, at the request of the employment agencies to which they are registered, is mandatory. ... ((2) Unemployed persons who do not benefit from unemployment benefits must submit an application to employment agencies in order to be taken into account for mediation and, in the case of non-employment, to renew the application at 6 months. ... (3) Free mediation services shall benefit, upon request, and persons referred to in art. 16 lit. c)-f). ... ---------- Alin. ((3) of art. 61 61 has been amended by section 25 25 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. + Article 62 The mediation of work can also be carried out for a fee by specialized service providers, from the public or private sector, accredited by the National Employment Agency. 3. Vocational training + Article 63 (1) Job seekers can participate in vocational training programmes to ensure their growth and diversification of professional skills in order to ensure mobility and reintegration into the labour market. ... (2) The training programs ensure, according to the law, the initiation, qualification, retraining, improvement and specialization of persons in search of a job. ... (3) The professional training of persons in search of a job is done taking into account the moment and perspective requirements of the labour market and in accordance with the individual options and skills of those persons. ... (4) Forms through which the professional training of persons in search of a job is carried out are: courses, internships and specialization, as well as other forms, under the law. ... + Article 64 ((1) Access to vocational training programmes shall be made following the activity of information and professional advice or mediation. ... (2) The vocational training programmes for jobseekers shall be organised distinctly on levels of training and specialisations, as well as by category and groups of persons. ... + Article 65 (1) The activity of professional training of persons in search of a job shall be carried out on the basis of the national training plan drawn up annually by the National Employment Agency. ... (2) The National Training Plan is approved by the Ministry of Labour, Family and Social Protection. ... ((3) The financing of the vocational training activity is made from the unemployment insurance budget, based on the indicators established by the approved national training plan. ... + Article 66 (1) Persons referred to in art. 16 lit. a), b), d), e) and f), as well as persons who carry out activities in the countryside and do not realize monthly income or realize incomes lower than the value of the reference social indicator in force and which are registered with the agencies for employment benefits, free of charge, of vocational training services. ... ---------- Alin. ((1) of art. 66 66 has been amended by section 18 18 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. (2) The training services shall ensure, free of charge, at the request of the persons employed, with the employer's consent, or at the employer's request, and for persons in the following situations ... a) resumed the activity as a result of the termination of the parental leave until the age of 2 years, respectively 3 years or 7 years in the case of the disabled child; ... ---------- Lit. a) a par. ((2) of art. 66 66 has been amended by section 4.2 36 36 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. b) resumed the activity after the performance of the active military service; ... ---------- Lit. b) a par. ((2) of art. 66 66 has been amended by section 4.2 36 36 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. c) have resumed work as a result of recovering work capacity after retirement for disability. ... (3) The provisions of par. ((2) shall apply if the application is made within 12 months from the date of resumption of the activity of persons, only once for each situation. ... (4) Persons in detention who still have to be executed no more than 9 months until the last day of execution of the sentence can follow a training program organized by the county employment agencies, respectively of the municipality Bucharest, the expenses necessary for professional training being borne from the unemployment insurance budget. ... (5) Persons who receive free vocational training services and fall into work, according to the law, can continue to benefit, until the completion of the training program started, by vocational training services free to which they were entitled if they had not engaged. ... ---------- Alin. ((5) of art. 66 66 has been introduced by section 19 19 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. ---------- Article 66 has been amended by section 6.6. 26 26 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. + Article 66 ^ 1 (1) Professional training services shall mean the totality of the rights enjoyed by the persons referred to in art. 66 66 para. ((1) and (2) for the duration of participation in a form of professional training. ... (2) The jobseekers, who are free of charge of vocational training services, have the following rights: ... a) to benefit from theoretical and practical training throughout the course and to support, free of charge, no more than twice the graduation exam upon its completion; ... ---------- Lit. a) a par. ((2) of art. 66 66 ^ 1 has been amended by section 4.2 13 13 of art. I of EMERGENCY ORDINANCE no. 144 144 of 18 October 2005 , published in MONITORUL OFFICIAL no. 969 969 of 1 November 2005. b) to benefit from supplies and training materials and to receive in manual use; ... c) to benefit, where appropriate, from protective equipment during practical training; ... d) to benefit, for the route from home to the training unit, free subscription on public transport or, as the case may be, the settlement of transport expenses, for no more than 4 trips during a month, if they cannot daily travel to the training unit, under the conditions provided by the regulations in force for the employees of public institutions and autonomous regions with particular specific, during the delegation and posting to another locality, as well as in the case travel, within the locality, in the interest of the service, as well as free subscription on means of public transport on the route from the accommodation unit to the training unit. ... ---------- Lit. d) a par. ((2) of art. 66 66 ^ 1 has been amended by section 4.2 13 13 of art. I of EMERGENCY ORDINANCE no. 144 144 of 18 October 2005 , published in MONITORUL OFFICIAL no. 969 969 of 1 November 2005. e) to benefit from medical consultations, medical tests and tests necessary to attend the course. ... (2 ^ 1) For the routes provided in par. ((2) lit. d), for which no subscriptions are issued, persons have the right to benefit from the settlement of travel tickets on public transport. ---------- Alin. (2 ^ 1) of art. 66 ^ 1 was introduced by section 1. 14 14 of art. I of EMERGENCY ORDINANCE no. 144 144 of 18 October 2005 , published in MONITORUL OFFICIAL no. 969 969 of 1 November 2005. (3) Persons referred to in par. (2), who cannot travel daily to the training unit or live more than 50 km away from it, have the right during their professional training to benefit from accommodation and a sum of money to cover the meal at the level provided by the regulations in force for the employees of public institutions and autonomous regions with particular specific during the delegation and posting in another locality, as well as in case of travel, within the locality, in the interest service. ... (3 ^ 1) Persons who benefit from the rights provided in par. (3) may not benefit from free subscription on public transport for the route from home to the training unit. ---------- Alin. (3 ^ 1) of art. 66 ^ 1 was introduced by section 1. 15 15 of art. I of EMERGENCY ORDINANCE no. 144 144 of 18 October 2005 , published in MONITORUL OFFICIAL no. 969 969 of 1 November 2005. ((4) Procedures for the granting of rights to persons seeking employment for the duration of participation in a form of professional training shall be drawn up by the National Employment Agency and is approved by order of the Minister of Labour, Family and Social Protection, which is published in the Official Gazette of Romania, Part I. ... (5) Persons who benefit from unemployment benefit, except those who participate in professional training programs organized under the law, whose funding is provided from the non-reimbursable financial assistance received by Romania, as a Member State of the European Union, through the European Regional Development Fund, the European Social Fund and the Cohesion Fund, during the period in which they participate in these vocational training programmes, prior to inclusion in these vocational training programmes, were not contained in the employment and vocational training services provided by the employment agency, are required to participate in the training programmes offered and organised by the agencies for employment, as well as their graduation exam. ... ---------- Alin. ((5) of art. 66 ^ 1 has been amended by section 4.2 6 6 of art. unique from LAW no. 233 233 of 7 December 2010 published in MONITORUL OFFICIAL no. 831 831 of 13 December 2010. (6) Persons referred to in art. 66 66 para. ((1) may receive free vocational training services, only once, for each period in which they are looking for a job. ... (7) The rights provided in par. ((2) and (3) shall be borne from the unemployment insurance budget. ... ---------- Art. 66 ^ 1 was introduced by item 27 27 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. + Article 67 (1) The work of vocational training of persons in search of a job is coordinated at national level by the National Employment Agency. ... (2) The vocational training of jobseekers is carried out by employment agencies through vocational training centres under them and through regional centres for the vocational training of persons. adults of the National Employment Agency, as well as through professional training service providers, from the public or private sector, authorized under the law. ... ---------- Alin. ((2) of art. 67 67 has been amended by section 28 28 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. (3) The organization and functioning of the regional centres for the vocational training of adults shall be approved by the decision of the board of directors of the National Employment Agency. ... ---------- Alin. ((3) of art. 67 67 has been introduced by section 29 29 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. (4) The order of the President of the National Employment Agency for the implementation of the decision of the board of directors shall be published in the Official Gazette of Romania, Part I. ... ---------- Alin. ((4) of art. 67 67 has been introduced by section 29 29 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. + Article 68 (1) Qualification, retraining, improvement and specialization courses are organized for the occupations, trades and professions defined and included in the Classification of Occupations in Romania. ... (2) The National Employment Agency, as well as authorized training service providers may organize qualification, retraining, refresher and specialization courses and for occupations or trades not yet included in the Classification of occupations in Romania, only after obtaining the opinion of the Ministry of Labour, Family and Social Protection. ... + Article 69 (1) Forms through which the professional training of persons in search of a job is carried out based on occupational standards recognized at national level, namely the standards of professional training, approved according to Law. ... (2) If for certain occupations or trades there are no nationally recognized occupational standards, namely the standards of professional training, the National Employment Agency may request legal persons of law public or private projects of occupational standards or professional training, which will be approved according to the law. ... ---------- Article 69 has been amended by section 6.6. 17 17 of art. I of EMERGENCY ORDINANCE no. 144 144 of 18 October 2005 , published in MONITORUL OFFICIAL no. 969 969 of 1 November 2005. + Article 70 The Ministry of Labour, Family and Social Protection exercises control over the implementation of the national training plan. 3 3 ^ 1. Assessment and certification of professional skills acquired on horses other than formal ---------- Subsection 3 ^ 1, Section 2, Chapter 5 was introduced by section 2. 37 37 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 70 ^ 1 (1) In order to certify professional skills obtained on horses other than formal ones, the persons referred to in art. 66 66 para. (1), registered with the employment agencies, may, free of charge, benefit from the assessment and certification services of professional skills acquired on horses other than formal ones, the financing of which shall be provided from the budget unemployment insurance, only once, for each period in which they are looking for a job. ... ((2) Access to the free assessment and certification services of professional skills acquired on horses other than formal ones, granted by employment agencies, shall be done following the work of information and professional advice. or mediation, if, in these activities, it is found that persons do not hold a certificate of professional skills, qualification or graduation for the competent units, occupation or qualification for which they are provided free of charge assessment of professional skills and do not have any medical restrictions with look at these. ... (3) They may enter, free of charge, in the process of evaluation and certification of professional skills acquired on horses other than the formal ones themselves only the persons who obtain the recommendation of the professional competence assessor. ... (4) Persons who do not obtain the recommendation provided in par. (3) and decide to enter into the evaluation process itself for the competent units for which they did not obtain this recommendation bear its value. ... (5) Persons who do not obtain the recommendation provided in par. ((3) shall enjoy free of charge services for the assessment and certification of professional skills acquired on horses other than formal ones, the financing of which shall be provided from the unemployment insurance budget, until the day following the date of drawing up by the evaluator of the recommendation not to enter into the evaluation process itself. ... ---------- Art. 70 ^ 1 was introduced by item 37 37 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 70 ^ 2 (1) By services of assessment and certification of professional skills acquired on horses other than formal ones, it is understood the totality of the rights enjoyed by the persons referred to in art. 66 66 para. ((1) during the participation in the evaluation and certification process of professional skills acquired on horses other than formal ones, including during the analysis period of their own professional performance, in relation to the content of the occupational standard or the professional training standard, in which it is assisted by the professional competence assessor, according to the legal provisions. ... (2) Persons seeking employment, who benefit, free of charge, from the unemployment insurance budget, of services for the evaluation and certification of professional skills acquired on horses other than formal ones, have the following rights: ... a) to benefit from information and information material relating to the conditions of assessment and certification of professional skills acquired on horses other than formal ones; ... b) to participate, free of charge, in the activities of evaluation and certification of professional skills acquired on horses other than formal ones; ... c) to benefit, where appropriate, from protective equipment during the process of assessment and certification of professional skills acquired on horses other than formal ones; ... d) to benefit, for the route from home or, as the case may be, from the accommodation unit, to the unit of assessment and certification of professional skills acquired on horses other than formal ones, hereinafter referred to as the evaluation unit, of free subscription on public transport or, as the case may be, the settlement of transport expenses, for at most a return trip, if they cannot travel daily to the assessment unit, under the conditions provided by the regulations in vigour for employees of public institutions and autonomous regions of particular, during the period delegation and posting to another locality, as well as in case of travel, within the locality, in the interest of the service; ... e) to benefit from accommodation and a sum of money to cover the table at the level provided by the regulations in force for the employees of public institutions and autonomous regions with particular specific during the delegation and posting to another locality, as well as in the case of travel, within the locality, in the interest of the service, in a situation where they cannot travel daily to the assessment unit or live more than 50 km away from it. ... (3) For the routes provided in par. ((2) lit. d), for which no subscriptions are issued, persons have the right to benefit from the settlement of travel tickets on public transport. ... (4) Persons who benefit from the rights provided in par. ((2) lit. e) cannot benefit from free subscription on public transport for the route from home to the evaluation unit. ... (5) The rights provided in par. (2) shall be borne from the unemployment insurance budget, according to the law. ... ---------- Art. 70 ^ 2 was introduced by item 37 37 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 70 ^ 3 ((1) Persons who benefit, free of charge, from the unemployment insurance budget, of services for the assessment and certification of professional skills acquired on horses other than formal ones have the obligation not to refuse, for reasons attributable, the place work provided by the employment agency, corresponding to certified professional skills, and not to interrupt the process of evaluation and certification of professional skills. ... ((2) Where persons benefiting, free of charge, from the unemployment insurance budget, of services for the assessment and certification of professional skills acquired on horses other than formal ones, refuse, for reasons attributable to them, the place work offered by the employment agency, corresponding to certified professional skills, or interrupt the process of evaluation and certification of professional skills proper, including the activities that run according to legal provisions prior to entry into this evaluation process, for reasons imputable, have the obligation to pay back all expenses incurred for the services of assessment and certification of professional skills acquired on horses other than formal ones, the financing of which was provided from the unemployment insurance budget. ... ---------- Art. 70 ^ 3 was introduced by item 37 37 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 70 ^ 4 (1) The activity of assessment and certification of professional skills acquired on horses other than formal ones for persons who are looking for a job, registered with employment agencies, is coordinated, at national level, the National Employment Agency. ... ((2) Financing of services for the assessment and certification of professional skills obtained in other ways than formal ones for persons registered with employment agencies, who benefit from these services free of charge, as well as the activity of elaboration, updating and approval of the specific instruments for evaluation and certification of competences acquired in other ways than formal ones, according to the law, necessary for the National Employment Agency, se make the unemployment insurance budget. ... ((3) Procedures for the granting of rights to persons seeking employment, for the duration of participation in the process of evaluation and certification of professional skills acquired on horses other than those The National Employment Agency shall be prepared and approved by order of the Minister of Labour, Family, Social Protection and Elderly, which shall be published in the Official Gazette of Romania, Part I. ... ---------- Art. 70 ^ 4 was introduced by section 4. 37 37 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 70 ^ 5 (1) The assessment and certification of professional skills acquired on horses other than formal ones, financed from the unemployment insurance budget, shall be carried out by the employment agencies, by: ... a) vocational training centres subordinated to them which are authorised as assessment centres; ... b) the regional vocational training centres of the National Employment Agency, which are authorised as assessment centres; ... c) legal entities of public or private law authorized, under the law, as evaluation centers. ... (2) The assessment and certification of professional skills acquired on horses other than formal ones is carried out according to the legal provisions in force only for the occupations or qualifications for which they are authorized, according to the law, assessment and certification of professional skills acquired on horses other than formal ones. ... ---------- Art. 70 ^ 5 was introduced by item 37 37 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. 4. Consultancy and assistance to start an independent activity or to initiate a business + Article 71 (1) Consultancy and assistance for the commencement of an independent activity or for the initiation of a business shall be granted, upon request, to persons seeking employment, in the form of legal, marketing, financial, methods and techniques effective management and other consulting services. ... (2) The services provided in par. (1) may be carried out by the employment agencies or, as the case may be, by private firms, professional organizations, foundations and associations specialized in these fields, with which the agencies conclude contracts under the law. ... (3) The services provided in par. ((1) is granted free of charge ... a) persons referred to in art. 16, once, for each period in which they are looking for a job; ... b) persons who have the status of insured in the unemployment insurance system, only once, for each period in which they have the quality of insured; ... c) students who request the granting of loans with advantageous interest from the unemployment insurance budget, under the conditions of this law. ... ---------- Alin. ((3) of art. 71 71 has been amended by section 1 1 of art. I of LAW no. 580 580 of 14 December 2004 , published in MONITORUL OFFICIAL no. 1.214 1.214 of 17 December 2004. 5. Completing employees ' salary income + Article 72 *) (1) Persons referred to in art. 17 17 para. (1), to whom the right to unemployment benefit has been established, according to the law, and who undertake full-time, according to the legal provisions in force, and, as a result of employment, cease their payment of unemployment benefit, benefit, from the moment employment until the end of the period for which they were entitled to receive unemployment benefit, of a monthly amount, granted from the unemployment insurance budget, representing 30% of the amount of unemployment benefit, established and, where applicable, updated according to the law. ... ---------- Alin. ((1) of art. 72 72 has been amended by section 38 38 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (2) Do not benefit from the provisions of para. (1) persons who fall to employers with whom they have been in employment or service relationships in the last 2 years, as well as persons for whom the payment of unemployment benefit has been suspended according to art. 45 45 para. ((1) lit. c), and subsequently, as a result of the change in the duration of the individual employment contract, the payment of unemployment benefit ceases according to 44 lit. a). ... ---------- Article 72 has been amended by section 4.2. 18 18 of art. I of EMERGENCY ORDINANCE no. 144 144 of 18 October 2005 , published in MONITORUL OFFICIAL no. 969 969 of 1 November 2005. + Article 73 (1) Persons referred to in art. 72 benefit from this amount and if, during the period for which they are entitled to unemployment benefit, they cease their employment or service relationship to the first employer and fall, full time, within 30 days, to another employer. employer. ... ---------- Alin. ((1) of art. 73 73 has been amended by section 39 39 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (2) The amount paid from the unemployment insurance budget, in the amount established in art. 72, shall be granted for the situation provided in par. ((1) by the end of the period for which the person was entitled to receive the unemployment benefit. ... + Article 73 ^ 1 *) (1) Graduates of educational institutions and graduates of special schools, at least 16 years of age, registered with employment agencies, in a situation where they commit full-time, for a period of more than 12 years. on Monday, shall benefit from the unemployment insurance budget of a framing premium equal to the value of the reference social indicator in force at the date of employment. ... ---------- Alin. ((1) of art. 73 ^ 1 has been amended by section 4.2 40 40 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (2) Graduates who have been established the right to unemployment benefit and undertake during the period of granting the allowance, under the conditions provided in par. (1), shall benefit, from the unemployment insurance budget, from an amount equal to the unemployment allowance to which he would have been entitled, under the law, until the expiry of the period of granting it, if he had not committed. ... (3) The rights provided in par. ((2) shall be granted to graduates who maintain their employment or service relationships for a period of at least 12 months from the date of employment. ... (4) The value of the reference social indicator, envisaged in the calculation of the unemployment benefit to which the persons referred to in par. (2) would have had the right, under the law, if it had not been employed, is the value of the social reference indicator in force at the date of employment. ... ---------- Alin. ((4) of art. 73 ^ 1 has been amended by section 4.2 7 7 of art. I of EMERGENCY ORDINANCE no. 108 108 of 6 December 2010 published in MONITORUL OFFICIAL no. 830 830 of 10 December 2010. (5) Do not benefit from the provisions of para. ((1) and (2): ... a) graduates who at the time of graduation had employment or service relationships; ... b) graduates who fall to employers with whom they have been in employment or service relationships in the last 2 years; ... c) graduates who at the time of application of law follow a form of education ... d) graduates of educational institutions to which employers have the obligation, according to the law, to fit them into work; ... e) graduates for whom the payment of unemployment benefit has been suspended according to art. 45 45 para. ((1) lit. c), and subsequently, as a result of the change in the duration of the individual employment contract, the payment of unemployment benefit ceases according to 44 lit. a). ... (6) Persons who benefit from the first of employment equal to the value of the social reference indicator in force at the date of employment, provided in par. (1), are entitled to the maintenance of the premium granted and if, within the period of 12 months of employment, their employment or service relationship to the first employer ceases and falls, within 30 days, to another employer, under the conditions in which the employment of the second employer is carried out under the same conditions, respectively full time, for a period of more than 12 months *). ... ---------- Alin. ((6) of art. 73 ^ 1 was introduced by section 1. 41 41 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. ---------- Art. 73 ^ 1 was introduced by item 19 19 of art. I of EMERGENCY ORDINANCE no. 144 144 of 18 October 2005 , published in MONITORUL OFFICIAL no. 969 969 of 1 November 2005. 6. The stimulation of labour mobility + Article 74 *) Persons who during the period in which they benefit from unemployment benefit fall, according to the law, in a locality located at a distance of more than 50 km from the locality where they have their permanent residence, benefit from a from the unemployment insurance budget equal to twice the value of the reference social indicator in force at the time of granting. ---------- Article 74 has been amended by section 4. 21 21 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. + Article 75 *) People who during the period in which they benefit from unemployment benefit fall, according to the law, in another locality and, as a result of this, change their domicile receive an installation premium, granted from the insurance budget for unemployment, equal to seven times the value of the reference social indicator in force at the time of installation. ---------- Article 75 has been amended by section 6.6. 22 22 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. + Article 75 ^ 1 (1) The first of employment and the first of installation, provided in art. 74 74 and art. 75, hereinafter referred to as mobility premiums, shall be granted, upon request, under the conditions of art. 74 74 and art. 75 75, and long-term unemployed persons registered with employment agencies, who do not receive unemployment benefit. ... (2) The first of employment provided for in art. 74 shall not be cumulated with the installation premium provided for in art. 75. ... ((3) Benefit from the first of mobility persons who fall into work for a period of at least 12 months. ... (4) Do not benefit from the mobility premiums: ... a) persons who have benefited from a framing premium or installation premium in the last 36 months prior to the request for the mobility premium; ... b) persons who fall to employers with whom they have been in employment or service relations in the last 2 years; ... c) persons for whom the payment of unemployment benefit has been suspended according to art. 45 45 para. ((1) lit. c), and subsequently, as a result of the change in the duration of the individual employment contract, the payment of unemployment benefit ceases according to 44 lit. a); ... d) licensed graduates of the faculties of medicine, dental medicine and pharmacy who, at the time of application of the law, promoted the national residency competition on places or on posts under the law; ... e) graduates of educational institutions to which employers have the obligation, according to the law, to fit them into work. ... (5) Persons who benefit from mobility premiums are entitled to their maintenance and if, within the 12-month period of employment, they cease their employment or service relationship to the first employer and fall within 30 days of their employment. days to another employer, under the same conditions, respectively for a period of more than 12 months, in a locality located at a distance of more than 50 km from the locality where they have their domicile or, as the case may be, in the same locality where it was and the first employer to which the person was in employment and, as a result, changed his domicile in that locality. ... ---------- Article 75 ^ 1 has been introduced by item 1. 42 42 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 76 (1) Employees have the obligation to refund in full the amounts received according to the provisions of art. 73 ^ 1, 74, 75 and 75 ^ 1 para. ((1), if the employment or service relationship ceases, within a period of less than 12 months from the date of employment, pursuant to the following provisions: ... a) art. 55 lit. b), art. 56 lit. f) and h), art. 61 lit. a) and b) and art. 81 81 of Law no. 53/2003 ... -Labor Code, republished, with subsequent amendments and completions; b) art. 31 31 para. ((3) of Law no. 53/2003 ... , republished, with subsequent amendments and completions, if the termination is at the initiative of the employee; c) art. 97 lit. b) and e), art. 98 98 para. ((1) lit. f) and g) and art. 101 101 para. ((1) of Law no. 188/1999 ... on the Statute of civil servants, republished, with subsequent amendments and completions. (2) Employees have the obligation to refund in full the amount received as the installation premium according to art. 75 75 and 75 ^ 1 para. (1) in case he changes his domicile at the old home, within a period of 12 months after employment. ... (3) In case of non-compliance with the provisions ((1) and para. (2), recovery of the amounts provided in art. 73 ^ 1, 74 and 75 will be made on the basis of the beneficiaries ' commitments, which constitute enforceable securities *). ... (4) By exception to the provisions of par. (1), the employees do not have the obligation to return the amounts provided in art. 73 ^ 1 para. ((1), art. 74 74 and art. 75, in the situation provided in art. 73 ^ 1 para. ((6) and art. 75 ^ 1 para. ((5). ... ---------- Article 76 has been amended by section 6.6. 43 43 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. ---------- + Section 3 Incentivising employers to work the unemployed + Article 77 The stimulation of employers for the employment of the unemployed is achieved by: a) subsidizing jobs; ... b) granting loans on favorable terms in order to create new jobs; ... c) granting of facilities. ... 1. Subsidizing jobs + Article 77 ^ 1 (1) From the unemployment insurance budget and from other sources allocated according to the legal provisions, the labor expenses incurred in the implementation of programs aimed at temporary employment of the labor force of the unemployed, for the execution of works and activities of interest to local communities. ... (2) They may be subsidized from the sources provided in par. (1), mainly the following categories of services: ... a) public services for the restoration and maintenance of infrastructure, greening and publishing works, organized by local public authorities, private companies or non-governmental organizations, with the opinion of the public administration local; ... b) social services that include home care activities for children, patients, elderly people, persons with disabilities, organized by local public authorities, non-governmental organizations and other bodies, under the law. ... (3) The employment of persons according to this article shall be made only under the conditions of the budget expenditure. ... ---------- Art. 77 ^ 1 was introduced by art. unique from LAW no. 195 195 of 7 July 2015 , published in MONITORUL OFFICIAL no. 504 504 of 8 July 2015. + Article 77 ^ 2 (1) The subsidies provided for in art. 77 ^ 1 is granted, at the request of local public authorities, to employers who have been awarded contracts in compliance with the regulations in force on public procurement, for a period of no more than 12 months for each person framed, from of the unemployed, with an individual employment contract for a fixed period of no more than 12 months. ... (2) The monthly amount of the subsidy granted for each person with an individual employment contract among the unemployed shall be: ... a) from 1 April to 31 October, 70% of the value of the reference social indicator; ... b) between November 1 and March 31, the value of the social reference indicator, plus the social insurance contributions due by employers, related to it. ... (3) The subsidies provided for in art. 77 ^ 1 shall be granted to employers, including companies covered by Company law no. 31/1990 ... , republished, with subsequent amendments and completions, and autonomous regions of local or county interest, from the unemployment insurance budget, in compliance with the applicable regulations in the field of de minimis aid. (4) The provisions of par. (3) relating to compliance with the rules applicable in the field of de minimis aid shall not apply if the subsidies provided for in art. 77 ^ 1 is granted to local public administration authorities. ... ---------- Article 77 ^ 2 was introduced by art. unique from LAW no. 195 195 of 7 July 2015 , published in MONITORUL OFFICIAL no. 504 504 of 8 July 2015. + Article 78 Repealed. ---------- Article 78 was repealed by the letter. a) a par. ((1) art. 15 of LAW no. 118 118 of 30 June 2010 , published in MONITORUL OFFICIAL no. 441 441 of 30 June 2010. + Article 79 Repealed. ---------- Article 79 was repealed by letter. a) a par. ((1) art. 15 of LAW no. 118 118 of 30 June 2010 , published in MONITORUL OFFICIAL no. 441 441 of 30 June 2010. + Article 80 (1) Employers who work, for an indefinite period, graduates of educational institutions receive monthly, for a period of 12 months, for each graduate assigned: ... a) an amount equal to the value of the social reference indicator in force at the time of employment, for graduates of the lower cycle of the high school or of arts and crafts schools; ... b) an amount equal to 1.2 times the value of the social reference indicator, in force at the time of employment, for graduates of upper secondary education or post-secondary education; ... c) an amount equal to 1.5 times the value of the social reference indicator, in force at the time of employment, for graduates of higher education *). ... ---------- Alin. ((1) of art. 80 80 has been amended by section 44 44 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (2) Employers who employ non-determined graduates from among persons with disabilities receive monthly, for each graduate, the amounts provided in par. (1) for a period of 18 months. ... (3) Do not benefit from the provisions of para. (1) and (2) employers who have the obligation, according to the law, to fit into work graduates of educational institutions, for graduates in this category. ... ---------- Article 80 has been amended by section 6.6. 35 35 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. + Article 81 The incentive measures provided for in art. 80 shall not be granted during periods when employment or service relationships are suspended. + Article 82 For the purposes of this law, the graduate of an educational institution means the person who obtained a diploma or a certificate of studies, under the law, in one of the secondary, vocational, special, high school educational institutions, post-secondary or higher, state or private, authorized or accredited under the law. + Article 83 (1) Employers who employ graduates under the conditions of art. 80 are obliged to maintain their employment or service relationships at least 18 months from the date of conclusion *). ... ---------- Alin. ((1) of art. 83 83 has been amended by section 45 45 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (2) Employers who cease employment or service relationships of graduates, prior to the term provided in par. (1), are obliged to refund, in full, to the employment agencies the amounts collected for each graduate for which he ceased the employment or service ratio prior to the mentioned term, plus the reference interest of the Bank National of Romania in force on the date of termination of employment or service relations, if their termination took place for the following reasons: ... a) termination of the employment relationship pursuant to art. 55 lit. b), art. 56 lit. d) and e), art. 61 lit. d) and art. 65 65 of Law no. 53/2003 ... , republished, with subsequent amendments and completions; b) termination of the service report pursuant to art. 97 lit. b), art. 98 98 para. ((1) lit. e), art. 99 99 para. ((1) lit. b) and c) of Law no. 188/1999 ... on the Statute of civil servants, republished, with subsequent amendments and completions. ---------- Alin. ((2) of art. 83 83 has been amended by section 45 45 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. ((3) Abrogat. ... ---------- Alin. ((3) of art. 83 83 has been repealed by section 6.6. 37 37 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. (4) Graduates may be classified under the conditions of art. 80, once for each form of education, within 12 months from the date of completion of the studies. ... + Article 84 *) (1) During the 18 months, provided in art. 83 83 para. (1), graduates may follow a form of professional training, organized by the employer, under the law. ... ---------- Alin. ((1) of art. 84 84 has been amended by section 46 46 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (2) The necessary expenses for the professional training provided in par. (1) will be borne, at the request of employers, from the unemployment insurance budget. ... + Article 84 ^ 1 (1) Employers who, after fulfilling the obligation provided in art. 83 83 para. (1), maintain employment or service relations with graduates under the conditions of art. 80 receive, for each year of continuation of employment or service relations, a financial aid equal to the amount related to social contributions due by employers for these persons and transferred, according to the law. ... (2) Financial aid provided in par. ((1) may be granted for a period of no more than 2 years from the date of fulfilment of the obligation provided for in art. 83 83 para. ((1). ... (3) Social contributions due by employers shall be understood as social insurance contribution, insurance contribution for occupational accidents and occupational diseases, contribution for health insurance and insurance contribution for unemployment. ... (4) Financial aid provided in par. (1) shall be transferred, upon request, from the unemployment insurance budget, to employers who do not register debits coming from the non-payment of social contributions, by payment of this amount, within 90 days from the date of approval of the application. ... ---------- Art. 84 ^ 1 was introduced by item 1. 2 2 of art. I of LAW no. 580 580 of 14 December 2004 , published in MONITORUL OFFICIAL no. 1.214 1.214 of 17 December 2004. + Article 84 ^ 2 Procedure for the implementation of the provisions of art. 84 ^ 1 is approved by order of the Minister of Labour, Family and Social Protection. ---------- Art. 84 ^ 2 was introduced by section 4.2. 2 2 of art. I of LAW no. 580 580 of 14 December 2004 , published in MONITORUL OFFICIAL no. 1.214 1.214 of 17 December 2004. + Article 84 ^ 3 Eliminated. ---------- Art. 84 ^ 3 was removed by the repeal of the Emergency Ordinance no. 192 192 of 25 November 2008 , published in MONITORUL OFFICIAL no. 815 815 of 4 December 2008 by art. 14 of EMERGENCY ORDINANCE no. 226 226 of 30 December 2008 , published in MONITORUL OFFICIAL no. 899 899 of 30 December 2008. + Article 85 (1) Employers who employ, for an indefinite period, unemployed persons over 45 years of age or unemployed who are sole parents supporters of single parent families receive monthly, for a period of 12 months, for each person employed. of these categories, an amount equal to the value of the reference social indicator in force, with the obligation to maintain employment or service relationships for at least 18 months. ... ---------- Alin. ((1) of art. 85 85 has been amended by section 47 47 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (2) The facilities provided in par. (1), except for exemption from the payment of the contribution to the unemployment insurance budget, due by the employer for the respective persons, shall also benefit employers who, in relation to the number of employees, have fulfilled their obligation, according to the law, to to employ persons with disabilities, as well as employers who do not have this legal obligation, if they fall into employment for an indefinite period of persons with disabilities and maintain their employment or service relationships for at least 2 years. ... ---------- Alin. ((2) of art. 85 85 has been amended by section 27 27 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. ((3) Abrogat. ... ---------- Alin. ((3) of art. 85 85 has been repealed by section 6.6. 28 28 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. (4) Employers who cease the employment or service relationships of the persons referred to in par. ((1) and (2), prior to the 18-month period, are obliged to refund, in full, to the employment agencies the amounts collected for each person for whom he ceased the employment or service relationship prior to the term mentioned, plus the reference interest of the National Bank of Romania in force on the date of termination of employment or service relations, if their termination took place for the reasons provided in art. 83 83 para. ((2). ... ---------- Alin. ((4) of art. 85 85 has been amended by section 47 47 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (5) Employers who fit into work, according to the law, unemployed who, within 5 years from the date of employment, meet, according to the law, the conditions to apply for partial early pension or old-age pension, if not meet the conditions for applying the partial early pension, benefit monthly, during the period of employment, until the date of fulfilment of the respective conditions, of an amount equal to the value of the reference social indicator in force, granted from the budget unemployment insurance. ... ---------- Alin. ((5) of art. 85 85 has been amended by section 47 47 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (6) Do not benefit from the facilities provided in par. ((1), (2) and (5) employers who in the last 2 years have been in employment or service relationships with persons employed in the categories provided for in these paragraphs. ... ---------- Article 85 has been amended by section 6.6. 38 38 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. + Article 85 ^ 1 Employers who benefit from subsidizing jobs under the conditions of art. 80 80 or art. 85 85 para. ((1) and (2) and which cease the employment or service relationships of persons employed on these jobs, for the reasons provided in art. 83 83 para. (2), prior to the deadlines provided by law, can no longer benefit from a new subsidy from the unemployment insurance budget for a period of 2 years from the date of termination of employment or service. ---------- Art. 85 ^ 1 returned to the form previously had EMERGENCY ORDINANCE no. 192 192 of 25 November 2008 , published in MONITORUL OFFICIAL no. 815 815 of 4 December 2008 by the repeal of that act by art. 14 of EMERGENCY ORDINANCE no. 226 226 of 30 December 2008 , published in MONITORUL OFFICIAL no. 899 899 of 30 December 2008. 2. Granting of credits on favorable terms + Article 86 *) (1) For the creation of new jobs through the establishment or development of small and medium-sized enterprises, cooperative units, individual enterprises, family enterprises, as well as self-employed activities carried out by individuals authorized can be granted, from the unemployment insurance budget, loans on favorable terms. ... ---------- Alin. ((1) of art. 86 86 has been amended by section 48 48 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. ((2) Credits are granted on the basis of feasibility projects, in proportion to the number of jobs that will be created, for a period of no more than 3 years, for investments, including the grace period of maximum 6 months and one year respectively to ensure production, with an interest rate of 50% of the reference interest of the National Bank of Romania. ... (3) In counties where the average annual unemployment rate was above the average annual rate of unemployment per country, communicated by the National Employment Agency, loans are granted in the following calendar year with an interest rate of 25% of the reference interest of the National Bank of Romania. ... (4) Benefit of credits, under the law, with interest provided in par. (3) and persons up to 30 years of age, who have a student status for the first time and follow studies at day courses at a state or private higher education institution, authorized or accredited, under the law. ... (5) The credits provided in par. (4) shall be granted to students who establish or develop, individually or together with other students who meet the conditions provided in par. ((4), small and medium-sized enterprises, cooperative units, individual undertakings, family undertakings or which carry out an economic activity as an authorised natural person. ... ---------- Alin. ((5) of art. 86 86 has been amended by section 48 48 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (6) If during the period for which the credit was granted, the divestment or partial or total alienation, by any means, of the shares or shares held by the beneficiaries of credits provided in par. ((4) to persons other than those of the said category, they are obliged to pay an amount equal to the difference between the interest provided in par. ((2) and the one provided in par. ((3). ... (7) Beneficiaries of loans granted under the conditions provided in par. ((2)-(4) must meet the following conditions: ... a) have no more than 249 employees and/or cooperative members with employment or service relationships; ... b) the basic activity to be carried out in production, services or tourism; ... c) on at least 60% of the number of new jobs-created by the establishment or development of small and medium-sized enterprises or cooperative units to be personally assigned among the registered unemployed to the employment agencies labour force; ... ---------- Lit. c) a par. ((7) of art. 86 86 has been amended by section 4.2 24 24 of art. I of EMERGENCY ORDINANCE no. 144 144 of 18 October 2005 , published in MONITORUL OFFICIAL no. 969 969 of 1 November 2005. d) personnel classified under the conditions laid down in lett. c) be kept in activity for at least 3 years; ... e) the jobs envisaged when granting credits under the conditions of par. (2)-(4) not to be vacant jobs, resulting from the termination of employment of some employees in the last 12 months prior to the conclusion of the credit agreement. ... ((8) Unemployed persons who undertake to set up small and medium-sized enterprises, cooperative units, individual undertakings, family undertakings or who carry out an economic activity as authorised natural persons have priority at obtaining credits on favorable terms. ... ---------- Alin. ((8) of art. 86 86 has been amended by section 48 48 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. ---------- Article 86 has been amended by section 6.6. 40 40 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. + Article 86 ^ 1 *) (1) In order to create new jobs for the unemployed, they can be granted, from the unemployment insurance budget, from the chapter "Loans", grants. ... (2) Non-reimbursable funds are granted on the basis of feasibility projects, in proportion to the number of jobs that will be created. ... (3) The funds provided in par. ((1) is granted for the establishment or development of small and medium-sized enterprises, cooperative units, individual enterprises, family enterprises, as well as activities carried out by authorized individuals, who operate in localities faced with phenomena of poverty and social exclusion due to the high level of unemployment. ... ---------- Alin. ((3) of art. 86 ^ 1 has been amended by section 4.2 49 49 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (4) Localities in which the funds provided in par. (1), as well as the amounts to be allocated to each locality shall be established by Government decision, within the limits established by the state social insurance budget law. ... (5) The funds provided in par. (1) is granted to small and medium-sized enterprises and cooperative units, provided that, in all newly created jobs, they are employed, for an indefinite period, unemployed to maintain in activity for at least 4 years, individual companies and family businesses set up by the unemployed, as well as the unemployed who have acquired the quality of natural persons authorised to carry out, independently, an economic activity. ... ---------- Alin. ((5) of art. 86 ^ 1 has been amended by section 4.2 49 49 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. ---------- Art. 86 ^ 1 was introduced by item 41 41 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. + Article 86 ^ 2 (1) For granting loans on favorable terms or non-reimbursable funds provided in art. 86 ^ 1, the contribution of the beneficiary must be at least 25% of the value of the feasibility project submitted. ... (2) Loans on favorable terms and non-reimbursable funds shall be granted from the unemployment insurance budget, in compliance with the applicable regulations in the field of de minimis aid. ... ---------- Alin. ((2) of art. 86 ^ 2 was amended by section 4.2. 29 29 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. (3) Beneficiaries of loans granted under the conditions of art. 86 or grant funds granted under the conditions of art. 86 ^ 1 have the obligation to maintain newly created jobs for a minimum period of 5 years. ... ---------- Art. 86 ^ 2 was introduced by item 41 41 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. + Article 87 (1) The total amounts that may be used for granting loans on favorable terms, respectively of non-reimbursable funds, as well as their maximum amount, which may be granted to a beneficiary, shall be determined by the law of the insurance budget state social. ... (2) Family enterprises may receive loans on favorable terms or grants, in proportion to the number of their members, and the holders of an individual enterprise and authorized individuals who carry out economic activities, in proportion to the number of persons employed or, where appropriate, to finance their own employment. ... (3) Family businesses, individual entrepreneurs of an individual undertaking and authorised natural persons carrying out economic activities may receive credits, on favourable terms, if at least one of the members of the undertaking family, respectively the titular entrepreneur of an individual enterprise and the authorized natural person are insured in the unemployment insurance system and have completed a contribution period of at least 12 months in the last 24 months prior to the credit application. ... (4) Family businesses, holders of an individual undertaking and authorised natural persons carrying out economic activities may receive grants if at least one of the members of the family undertaking, respectively the owner of an individual enterprise and the authorized natural person have completed a total contribution period in the unemployment insurance system of at least 24 months. ... ---------- Article 87 has been amended by section 6.6. 50 50 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 88 (1) If the persons employed among the unemployed cease their employment relationships prior to the 3 years and 4 years after the employment, the employer shall be obliged, within a maximum of 60 calendar days from the date of the cessation of employment relationships, to frame unemployed people on jobs that have become vacant *). ... ---------- Alin. ((1) of art. 88 88 has been amended by section 51 51 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (2) The obligation provided in par. (1) lies with employers and in a situation where the persons employed on the new jobs created do not come from the unemployed, for those who benefit from loans on favorable terms. ... (3) During the period of the contract the employer cannot reduce the number of posts existing in the unit at the time of granting the loan or non-reimbursable ... (4) If one of the existing posts at the time of granting the credit or non-refundable fund becomes vacant, the employer shall be obliged, within a maximum of 45 calendar days from the date on which the position becomes vacant, to fit other people on jobs become vacant *). ... ---------- Alin. ((4) of art. 88 88 has been amended by section 51 51 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. ---------- Article 88 has been amended by section 6.6. 43 43 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. + Article 89 (1) In case of non-compliance with the condition referred to in 86 86 para. ((7) lit. c), the employer will bear a penalty equal to the size of the credit granted for each job created and unoccupied. ... (2) In case of non-compliance with the obligation provided in 86 ^ 2 para. ((3) and art. 88 88 para. (1) and (2), the employer shall bear a penalty equal to the amount of the non-refundable fund, respectively with the size of the credit granted, for each job created and unoccupied, in proportion to the number of unoccupied months. ... (3) In case of non-compliance with the obligation provided in 88 88 para. (3) and (4), the employer will bear a penalty equal to a part of the size of the loan, namely the non-refundable fund, which was granted, according to the law, for a number of newly created jobs, equal to that of the disbanded jobs or become vacant, proportional to the share of the period during which this obligation was not complied with in the total period provided for the maintenance or employment, to which, in the case of loans, the related interest is added. ... ---------- Article 89 has been amended by section 6.6. 44 44 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. + Article 90 (1) The beneficiaries of loans on favorable terms may again request credits from the unemployment insurance budget if they have fully paid the loans on favorable terms obtained previously, including the related interest rates. ... (2) The beneficiaries of a non-reimbursable fund no longer have the right to receive a new non-reimbursable ... ---------- Article 90 has been amended by section 6.6. 45 45 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. + Article 91 (1) The administration of the amounts allocated from the unemployment insurance budget for granting loans on favorable terms or grants shall be made by banks or agencies authorized according to the law, with which the National Employment Agency The Labor Force concludes contracts under the conditions provided by law. ... (2) The bank or credit agency that manages funds for granting loans on favorable terms shall bear the responsibility for the reimbursement of the amounts to the unemployment insurance budget. ... ((3) The fees and commissions that the National Employment Agency owes to the bank or credit agency for the administration of funds for granting loans on favorable terms shall be borne from the insurance budget for unemployment. ... ---------- Alin. ((3) of art. 91 91 has been introduced by section 25 25 of art. I of EMERGENCY ORDINANCE no. 144 144 of 18 October 2005 , published in MONITORUL OFFICIAL no. 969 969 of 1 November 2005. ---------- Article 91 has been amended by section 6.6. 46 46 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. + Article 92 (1) The procedure and criteria for granting grant funds shall be determined by Government decision. ... ((2) Conditions for granting and reimbursement of loans, granting of non-reimbursable funds, way of establishing guarantees, organization and conduct of tenders for the appointment of banks and agencies authorized to grant loans, respectively non-reimbursable funds, from the unemployment insurance budget will be established by common methodological norms of the Ministry of Labor, Family and Social Protection and the National Bank of Romania. ... ---------- Article 92 has been amended by section 4.2. 47 47 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. 3. Facilities granted to employers + Article 93 (1) Employers who employ unemployed persons, whom they maintain in activity for a period of at least 6 months from the date of employment, benefit from the reduction of the amount representing the contribution due by the employer to the budget unemployment insurance, according to the law. ... ---------- Alin. ((1) of art. 93 93 has been amended by section 52 52 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. ((2) The reduction of the contribution shall be granted starting from the following fiscal year, for a period of 6 months, and consists in the reduction of the amount due monthly by 0.5% for each percentage of the share of the newly-employed staff under the conditions ((1) of the average scriptic number of personnel with an individual employment contract of that year. ... + Section 3 ^ 1 Promoting labour market participation of young people at risk of social marginalisation ---------- Section 3 ^ 1 comprising art. 93 ^ 1-93 ^ 8 was introduced by section 4.2. 53 53 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 93 ^ 1 Promotion of participation in the labor market of young people at risk of social marginalization, provided in art. 5 point IV ^ 3, shall be carried out by the National Employment Agency by: a) personalized social accompaniment; ... b) activities to inform and promote the interests of young people at risk of social marginalization among employers; ... c) subsidizing the workplace. ... ---------- Art. 93 ^ 1 was introduced by item 53 53 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 93 ^ 2 (1) The personalized social company, provided in art. 93 93 ^ 1 lit. a), shall be carried out by the National Employment Agency through the territorial employment agencies, on the basis of a solidarity contract, and constitute an assembly of services that are granted in a manner free to young people at risk of social marginalization and consist of: ... a) information and professional advice; ... b) mediation of work; ... c) work placement at an employer whose job offer has been selected as appropriate to the professional training and other conditions contained in the file drawn up upon registration as a person in search of a job, in the record the employment agency. ... (2) The solidarity contract provided in par. (1) shall be concluded between the Agency for territorial and young employment for a duration of up to 3 years, but not less than one year, given that, at the time of the conclusion of the solidarity contract, the young man has not reached the age of 26. ... (3) The model of the solidarity contract is approved by the methodological norms for the application of the provisions of the ... ---------- Art. 93 ^ 2 was introduced by item 53 53 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 93 ^ 3 The activities of informing and promoting the interests of young people at risk of social marginalization among employers, in order to integrate these categories of people into the labor market, are aimed at: a) awareness and promotion of the provisions of the law among regional, local and social partners; ... b) dissemination of information on the advantages of the employment of these categories of persons; ... c) direct interaction with employers who have vacancies; ... d) identification of insertion employers. ... ---------- Art. 93 ^ 3 was introduced by section 3. 53 53 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 93 ^ 4 (1) Employers who frame young people at risk of social marginalization, provided in art. 5 point IV ^ 3, and which benefit from personalized social accompaniment under a solidarity contract, called insertion employers, benefit monthly, according to the legal provisions, for each person in this category, from the budget unemployment insurance, of an amount equal to the basic salary established at the date of employment of young people, but not more than twice the value of the reference social indicator, in force at the time of employment, until the expiry of the duration of the contract of solidarity. ... (2) The amount provided in par. ((1) shall be granted if: ... a) employment is carried out under the conditions laid down by Law no. 53/2003 ... , republished, with subsequent amendments and completions, on the basis of an individual fixed-term employment contract, until the expiry of the duration of the solidarity contract or an individual employment contract for an indefinite period; b) the job on which the young man is assigned is a vacancy, which was communicated to the agency for territorial employment; ... c) other conditions provided by the legal provisions, established according to the provisions of art. 95, for granting this amount. ... ---------- Art. 93 ^ 4 was introduced by section 4. 53 53 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 93 ^ 5 Employers who cease employment of young people at risk of social marginalisation, before the date on which the period for which the solidarity contract has been concluded, are obliged to refund, in full, to the agencies for territorial employment amounts collected from the unemployment insurance budget, for each young man at risk of marginalization for whom he ceased the employment relationship prior to the mentioned date, plus the reference interest of the National Bank of Romania, in force on the date of termination of employment, if their termination had place for the reasons provided in art. 83 83 para. ((2) lit. a). ---------- Art. 93 ^ 5 was introduced by item 53 53 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 93 ^ 6 (1) If at the expiry date of the period for which the solidarity contract was concluded the insertion employer maintains the employment relationship with the young man who was framed under the conditions of art. 93 ^ 4, then it benefits monthly, according to the legal provisions, for this person, from the unemployment insurance budget, of an amount in the amount of 50% of the unemployment allowance due according to the law, which the young man would have received if the reports of work would have ceased at that time for reasons not attributable to the person. ... (2) The value of the reference social indicator, envisaged in the calculation of the unemployment allowance to which the young person referred to in par. (1) would have been entitled under the law, if the employment relationship had ceased at that date for reasons not attributable to the person, is the value of the social reference indicator in force on that date. ... (3) The amount provided in par. (1) shall be granted to the employer during the maintenance of the employment relationship, but not more than 2 years. ... ---------- Art. 93 ^ 6 was introduced by item 53 53 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 93 ^ 7 (1) The amounts provided for in art. 93 ^ 4 and 93 ^ 6 are granted in proportion to the time actually worked in that month by the person for whom these amounts are granted, including during the holiday period. ... (2) For the period during which the employment relationships of the person referred to in par. (1) are suspended, the amounts provided in art. 93 ^ 4 and 93 ^ 6 are not granted. ... ((3) The modality regarding the access of young people at risk of social marginalization to the personalized social accompaniment carried out by the agency for territorial employment, as well as the granting of the amounts provided in art. 93 ^ 4 and 93 ^ 6 are established by the methodological norms for the application of this law. ... ---------- Art. 93 ^ 7 was introduced by item 53 53 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 93 ^ 8 ((1) Young people at risk of social marginalisation, who have concluded with the territorial employment agency a solidarity contract and who, prior to their expiry date, cease their employment relationship with the first employer of insertion, may be within another employer of insertion with an individual fixed-term employment contract, until the expiry of the duration of the solidarity contract, or with an individual employment contract for an indefinite period. ... (2) The second insertion employer benefits monthly, according to the legal provisions, for each person in this category, from the unemployment insurance budget, from the amount provided in art. 93 ^ 4 para. ((1), until the duration of the solidarity contract expires. ... ---------- Art. 93 ^ 8 was introduced by item 53 53 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 94 Repealed. ---------- Article 94 was repealed by point (a). 30 30 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. + Section 4 Final provisions + Article 95 (1) Procedures regarding access to measures to stimulate employment, financing arrangements and instructions for their implementation will be developed by the National Employment Agency, will be endorsed by the National Employment Agency. The Ministry of Labour, Family and Social Protection and will be approved by Government decision. ... ((1 ^ 1) Measures to stimulate employment financed from the unemployment insurance budget, for which it is provided, according to the legal provisions, to conclude contracts or conventions with employment agencies, is granted within the limits of the amounts approved in the unemployment insurance budget with this destination, in compliance with Law no. 500/2002 on public finances, with subsequent amendments and completions. ---------- Alin. ((1 ^ 1) of art. 95 95 has been introduced by section 7 7 of art. unique from LAW no. 233 233 of 7 December 2010 published in MONITORUL OFFICIAL no. 831 831 of 13 December 2010. ((1 ^ 2) Measures to stimulate employment financed, according to the provisions of this law, from the unemployment insurance budget, for which the granting is provided, according to the legal provisions, the conclusion of contracts or conventions with employment agencies are not granted to employers institutions and public authorities, as defined by the Law no. 500/2002 , with subsequent amendments and completions, as well as by Law no. 273/2006 on local public finances, with subsequent amendments and completions. ---------- Alin. ((1 ^ 2) of art. 95 95 has been introduced by section 54 54 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. ((1 ^ 3) Employers who employ persons who meet the conditions provided by law for the granting of two or more measures to stimulate employment whose funding is provided from the unemployment insurance budget, according to the legal provisions, they can benefit, for those persons, optionally, only from one of the measures to stimulate employment provided by law. ---------- Alin. ((1 ^ 3) of art. 95 95 has been introduced by section 54 54 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. ((1 ^ 4) The amounts due for measures to stimulate employment financed from the unemployment insurance budget, for which the granting is provided, according to the legal provisions, the conclusion of conventions with the employment agencies of territorial work, shall be deducted by the employer from the contribution that he is obliged, according to the law, to turn to the account of the unemployment insurance budget. ---------- Alin. ((1 ^ 4) of art. 95 95 has been introduced by section 54 54 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (1 ^ 5) If the amount due, provided in par. (1 ^ 4), is higher, the difference is recovered through the county employment agency, respectively of the city of Bucharest, from the unemployment insurance budget, under the conditions established by the methodological norms for the application of this law. ---------- Alin. ((1 ^ 5) of art. 95 95 has been introduced by section 54 54 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (2) Support measures of the nature of state aid, within the meaning of art. 87 87 para. ((1) of the Treaty establishing the European Community, provided for in this Law, shall be granted in accordance with the provisions of Government Emergency Ordinance no. 117/2006 ... on national procedures in the field of State aid, approved with amendments and additions by Law no. 137/2007 . ---------- Alin. ((2) of art. 95 95 has been introduced by section 31 31 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. (3) The granting of the facilities of the nature of the de minimis aid, provided by this law, is based on de minimis aid schemes, elaborated in compliance with the regulations in the field, approved by order of the President of the National Agency for Employment. Employment. ... ---------- Alin. ((3) of art. 95 95 has been amended by section 55 55 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 96 (1) The National Employment Agency shall draw up at the end of each year the employment balance sheets, highlighting the effects of the measures to stimulate the occupation, carried out during that period. ... (2) The framework content of the employment balance sheets is approved by order of the President of the National Employment Agency. ... (3) The employment balances, by county and at national level, shall be published in the first semester of the following year in the Official Gazette of Romania, Part III. ... + Chapter VI Institutions and responsibilities in applying this law + Section 1 Institutions and organizations involved in making the provisions of this law + Article 97 In order to achieve the objectives and measures provided by this law, the Government approves national strategies, plans and programs, in branch and territorial aspect. + Article 98 The institutions involved in the provisions of this Law are: a) Ministry of Labour, Family and Social Protection; ... b) National Employment Agency; ... c) ministries and other specialized bodies of the central public administration; ... d) trade union organisations and representative employers ' associations at national level; ... e) prefectures and local public administration authorities; ... f) National Employment Promotion Commission. ... + Article 99 The Ministry of Labour, Family and Social Protection has the following tasks in the field of employment: a) pursues labour market trends and develops national strategies, forecasts and programmes on employment, vocational training of the unemployed and equal opportunities in the labour market; ... b) elaborates and endorses the draft normative acts in the field of employment, vocational training, promotion of equal opportunities in the labor market; ... c) develop the draft unemployment insurance budget; ... d) annually delegate the duties of principal authorising officer for the unemployment insurance budget, according to the law; ... e) pursues, on the basis of quarterly and annual reports, the execution of the unemployment insurance budget and exercises control over the implementation of labour policies, strategies, plans and programs by the National Agency for Employment; ... f) together with other ministries and specialized bodies realize and update the Classification of Occupations in Romania, taking into account the changes in the economic and social structure of the country and the requirements of alignment with international standards in domain; ... g) promotes programs, proposes agreements and implements projects of international collaboration in the fields of employment, vocational training and equal opportunities in the labor market; ... h) establishes the managerial performance indicators and their level, on the basis of which the management performance contract with the National Employment Agency is concluded annually; ... ---------- Lit. h) a art. 99 99 has been amended by section 4.2 32 32 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. + Article 100 ((1) The implementation of employment policies, strategies, plans and programmes and the training of unemployed persons shall be carried out mainly through the National Employment Agency. ... (2) In order to carry out the employment and training services, the National Employment Agency shall respect: ... a) non-discriminatory access to services provided in the field of employment and training; ... b) neutrality in possible divergent interests between employers and the workforce; ... c) the orientation of the activity towards the needs of jobseekers and employers addressing the National Employment Agency, by drawing up individual action plans and promoting fast and quality services; ... ---------- Lit. c) a par. ((2) of art. 100 100 has been amended by section 4.2 56 56 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. d) respect for the competitive nature of the labour market activities; ... e) the confidentiality of personal data of persons in search of a job registered in the records of the National Employment Agency; ... ---------- Lit. e) a par. ((2) of art. 100 100 has been amended by section 4.2 56 56 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. f) transparency in the work carried out and on the results obtained; ... g) decentralization of services and decision-making process; ... h) adaptability of services to changes in the social and economic environment. ... (3) The processing of personal data is done in compliance with the provisions of Law no. 677/2001 for the protection of persons with regard to the processing of personal data and the free movement of such data, with subsequent amendments and completions. ... ---------- Alin. ((3) of art. 100 100 has been introduced by section 57 57 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 101 The National Employment Agency presents to the Ministry of Labour, Family and Social Protection quarterly and annual reports on the execution of the unemployment insurance budget and the achievement of managerial performance indicators established by the annual management performance contract. ---------- Article 101 has been amended by section 1. 33 33 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. + Article 102 (1) The ministries and other specialized bodies of the central public administration, through the strategies and policies developed in the fields they coordinate, must ensure the increase of employment. ... (2) In order to achieve the objectives provided in par. (1) ministries and other specialized bodies of the central public administration may propose within the National Employment Promotion Commission strategies, programs and draft normative acts on employment and training. professional labor force. ... + Article 103 (1) Trade union organizations and employers ' associations, representative at national level, participate under the conditions provided by law in the elaboration and implementation of programs and measures regarding the labor market. ... (2) Trade union organizations and representative employers ' associations at national level will be consulted in the elaboration of normative acts concerning employment. ... + Article 104 The prefectures and local public administration authorities have the obligation to monitor the developments on the labor market in territorial plan, to actively participate in the elaboration and implementation of measures to improve the employment of persons not employed and support the work of employment agencies. + Section 2 National Employment Promotion Commission + Article 105 The National Employment Promotion Commission, hereinafter referred to as the National Employment Commission, shall be established. + Article 106 The National Employment Commission mainly has the following tasks: a) submits to the Government strategies and policies to increase the level and quality of employment, in correlation with the economic and social development programs, based on the requirements at national and European level; ... ---------- Lit. a) of art. 106 106 has been amended by section 4.2 58 58 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. b) determine the directions of human resources development at national level, in branch and territorial aspect; ... c) ensure the harmonization of human resources development programs financed by public funds or other sources; ... d) make proposals for the development of normative acts on employment and improvement of legislation in this field; ... e) based on the trends of economic and social development and developments in the labour market, it makes proposals to initiate proactive measures to combat unemployment through fiscal policies, structural adjustments, retraining. ... + Article 107 (1) The National Employment Commission is composed of representatives of ministries, agencies and departments subordinated to the Government or autonomous, at the level of secretary of state, and from the presidents of trade union organizations and employers ' associations representative at national level. ... (2) The President of the National Employment Commission is the Minister of Labour, Family, Social Protection and Elderly. ... ---------- Alin. ((2) of art. 107 107 has been amended by section 59 59 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (3) The composition of the National Employment Commission will be established on the basis of nominations from ministries, trade unions and employers and is approved by order of the Minister of Labour, Family, Social Protection and Elderly. ... ---------- Alin. ((3) of art. 107 107 has been amended by section 59 59 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (4) The Secretariat of the National Employment Commission is provided by the Directorate with attributions in the field of employment of the Ministry of Labour, Family, Social Protection and Elderly. ... ---------- Alin. ((4) of art. 107 107 has been amended by section 59 59 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 108 The National Employment Commission can propose the elaboration by specialized institutions of studies, reports and analyses on the labor market, which can be financed from the unemployment insurance budget or from other sources of funding. ---------- Article 108 has been amended by point 60 60 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 109 The regulation of organization and functioning of the National Employment Commission is developed by the Ministry of Labour, Family, Social Protection and Elderly and is subject to its approval. ---------- Article 109 has been amended by section 6.6. 61 61 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Chapter VII Legal liability + Article 110 Violation of the provisions of this law attracts, as the case may be, disciplinary, material, civil, contravention or criminal liability + Article 111 Repealed. ---------- Article 111 was repealed by art. 102 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 112 Repealed. ---------- Article 112 was repealed by art. 102 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 113 The following facts are contrary: ---------- The introductory part of art. 113 113 has been amended by section 4.2 50 50 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. a) non-compliance with 10 10; ... ---------- Lit. a) of art. 113 113 has been amended by section 4.2 62 62 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. b) non-use of Classification of occupations in Romania provided for in 15 15; ... c) failure to submit the declaration provided for in 21, for periods after 1 January 2011; ... ---------- Lit. c) of art. 113 113 has been amended by section 4.2 62 62 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. d) repealed; ... ---------- Lit. d) of art. 113 113 has been repealed by section 6.6. 27 27 of art. I of EMERGENCY ORDINANCE no. 144 144 of 18 October 2005 , published in MONITORUL OFFICIAL no. 969 969 of 1 November 2005. e) non-compliance with 41 41 para. ((2); ... f) non-compliance with 50 50; ... g) non-compliance with 100 100 para. ((2) lit. e); ... h) non-communication of data and information, other than those referred to in lett. k), requested in writing by the National Employment Agency or agencies for territorial employment, for the performance of the duties provided by law; ... ---------- Lit. h) a art. 113 113 has been amended by section 4.2 62 62 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. i) provision, without the accreditation provided for by law, of services to stimulate employment. ... ---------- Lit. i) of art. 113 113 was introduced by section 4.2. 51 51 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. j) non-issuance by the employer, persons to whom the employment or service relationships cease, the documents provided by the legislation in force, necessary for the certification of the contribution period made in the unemployment insurance system and establishing the right to unemployment benefit. ... ---------- Lit. j) art. 113 113 was introduced by section 4.2. 34 34 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. k) non-communication of data, information, as well as non-submission of all documents and other data and documents requested by the control bodies of the territorial employment agencies, during the control and for the purpose of carrying out the duties provided ... ---------- Lit. k) art. 113 113 was introduced by section 4.2. 63 63 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. l) failure to submit, at the request of the agencies for territorial employment, the monthly declaration on the nominal record of insured persons and the payment obligations to the unemployment insurance budget, for periods prior to 1 January 2011 ... ---------- Lit. l) of art. 113 113 was introduced by section 4.2. 63 63 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 114 (1) Contraventions provided in art. 113 113 shall be sanctioned as follows: ... a) those referred to in lett. a), b), f), h) and j), with a fine of 3,000 lei to 5,000 lei; ... b) those referred to in lett. e), g), i), k) and l), with a fine of 5,000 lei to 10,000 lei; ... ---------- Lit. b) a par. ((1) of art. 114 114 has been amended by section 4.2 64 64 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. c) the one provided in lett. c), in accordance with the provisions Law no. 571/2003 ... , with subsequent amendments and completions. ---------- Lit. c) a par. ((1) of art. 114 114 was introduced by section 4.2. 65 65 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. (2) The offender may pay, on the spot or within no more than 48 hours from the date of conclusion of the minutes, or, as the case may be, from the date of its communication, half of the minimum fine provided in par. (1), this possibility being expressly mentioned in the minutes. ... ---------- Article 114 has been amended by section 1. 35 35 of art. I of EMERGENCY ORDINANCE no. 126 126 of 8 October 2008 , published in MONITORUL OFFICIAL no. 697 697 of 14 October 2008. + Article 115 Contravention fines can also be applied to legal entities. + Article 116 (1) Finding and sanctioning the contraventions provided in art. 113 is carried out by the control bodies of the Ministry of Labour, Family, Social Protection and Elderly, Labour Inspection, National Employment Agency and other bodies that, according to the law, have the right to conduct control. ... (2) The control bodies active measures of the National Employment Agency and its territorial structures will find and sanction the contraventions provided in art. 113 lit. a), d), e), h), i), j) and k), as well as the contravention provided in lett. f), in respect of non-compliance with art. 50 50 para. ((3). ... (3) If the National Employment Agency, through its territorial structures, finds the contravention provided in art. 113 lit. c), notifies the National Agency for Fiscal Administration in order to apply the sanction provided by law. ... ---------- Article 116 has been amended by section 6.6. 66 66 of art. I of LAW no. 250 250 of 19 July 2013 , published in MONITORUL OFFICIAL no. 457 457 of 24 July 2013. + Article 116 ^ 1 Control of compliance with obligations regarding employment and maintenance of employment relationships, assumed by employers who received subsidies, credits or grants from the unemployment insurance budget, as well as facilities pursuant to art. 93, active measures are carried out by the control bodies of the county employment agencies, respectively of the city of Bucharest, which will find and apply, as the case may be, the sanctions provided by this law. ---------- Art. 116 ^ 1 was introduced by item 1. 54 54 of art. I of LAW no. 107 107 of 7 April 2004 , published in MONITORUL OFFICIAL no. 338 338 of 19 April 2004. + Article 117 The contravention fines imposed under this law constitute income to the unemployment insurance budget. + Article 118 The provisions of this law, regarding the establishment and sanctioning of contraventions, shall be supplemented by Government Ordinance no. 2/2001 on the legal regime of contraventions. + Article 119 (1) The letters resulting from the application of the provisions of this law shall be settled by the competent courts, according to the law. ... (2) The letters regarding the establishment and payment of unemployment benefit shall be settled as a matter of urgency, according to the procedural norms provided for the conflicts of rights, even if by special law it is provided otherwise. ... + Chapter VIII Transitional and final provisions + Article 120 (1) Persons who claim the right to unemployment benefits, professional integration aid or support allowance before the date of entry into force of this Law shall benefit from this right in the amount, during and under the conditions established by Law no. 1/1991 republished, as amended. ... (2) Under the same conditions, the persons provided in par. ((1) the rights which have been suspended before the date of entry into force of this Law and which have been reinstated after that date. ... + Article 121 Payment of unemployment benefits granted according to Law no. 1/1991 republished, as amended, and the amounts granted according to the provisions Government Emergency Ordinance no. 35/1997 on measures to stimulate natural and legal persons for the employment of graduates of educational institutions, approved with amendments by Law no. 162/1997 , ongoing on the date of entry into force of this law, shall be borne from the unemployment insurance budget. + Article 122 (1) Persons who have been established unemployment benefits and have been suspended during the granting of compensatory payments, according to the law, and the reinstatement of this right takes place before the entry into force of this law, benefits from the aid of established unemployment. ... (2) Persons who have been established unemployment benefits and have been suspended during the granting of compensatory payments, according to the law, and the date of reinstatement is after the date of entry into force of this law, unemployment established under the terms of this law. ... + Article 123 Natural or legal persons who until the date of entry into force of this Law have classified graduates under the conditions provided by Government Emergency Ordinance no. 35/1997 , approved with modifications by Law no. 162/1997 , benefit from these measures under the conditions established by this emergency ordinance. + Article 124 Persons dismissed under the conditions laid down by Government Emergency Ordinance no. 98/1999 on the social protection of persons whose individual employment contracts will be opened as a result of collective redundancies, with subsequent amendments and completions, after the date of entry into force of this Law, within certain stages provided in approved restructuring programs or sales/purchase contracts concluded before the entry into force of this law, benefit from unemployment benefit under the conditions provided by this law. + Article 125 The unemployment allowance shall be paid to the holder or to his trustee established by special power of attorney. + Article 126 Applications for unemployment benefit as well as all procedural acts in connection with the establishment of this right shall be exempt from any stamp duty. + Article 127 (1) The unemployment allowance and the other rights established by this law, except for those provided in art. 72 72-75 and 80, shall be updated whenever the value of the reference social indicator is changed. ... (2) The value of the reference social indicator may be modified by Government decision, depending on the growth index of the consumer prices forecast year/year. ... ---------- Article 127 has been amended by section 4.2. 8 8 of art. I of EMERGENCY ORDINANCE no. 108 108 of 6 December 2010 published in MONITORUL OFFICIAL no. 830 830 of 10 December 2010. + Article 128 This Law shall enter into force on 1 March 2002. + Article 129 Within 30 days from the date of publication of the present law in the Official Gazette of Romania, Part I, the Ministry of Labour and Social Solidarity, in the proposals of the National Employment Agency, will develop methodological norms of its application, as well as criteria for accreditation of the service providers provided in art. 55 and 56, which will be approved by Government decisions. + Article 130 The date of entry into force of this Law shall be repealed: a) Law no. 1/1991 on the social protection of the unemployed and their professional reintegration, republished in the Official Gazette of Romania, Part I, no. 257 of 14 September 1994, with subsequent amendments and completions; ... b) Government Emergency Ordinance no. 35/1997 on measures to stimulate individuals and legal entities for the employment of graduates of educational institutions, published in the Official Gazette of Romania, Part I, no. 151 of 11 July 1997, approved with amendments by Law no. 162/1997 , published in the Official Gazette of Romania, Part I, no. 288 288 of 24 October 1997; ... c) Government Decision no. 456/1997 on the approval of the Rules for the application of Government Emergency Ordinance no. 35/1997 on measures to stimulate individuals and legal entities for the employment of graduates of educational institutions, published in the Official Gazette of Romania, Part I, no. 209 209 of 27 August 1997; ... d) Minister of Labour and Social Protection Order no. 307/1994 for the approval of the Instructions on the procedure for the receipt and resolution of applications for the payment of unemployment benefits, the professional integration aid and the support allowance, published in the Official Gazette of Romania, Part I, no. 324 324 of 23 November 1994; ... e) Government Decision no. 288/1991 on the qualification, retraining and improvement of the professional training of the unemployed, republished in the Official Gazette of Romania, Part I, no. 36 36 of 20 February 1996; ... f) Minister of Labour and Social Protection Order no. 435/1995 for the approval of the Methodological Norms on the organization, conduct and completion of qualification, retraining, improvement and other forms of professional training of the unemployed and the Norms of establishment, organization and functioning of the qualification, retraining and improvement of the unemployed, published in the Official Gazette of Romania, Part I, no. 54 54 of 15 March 1996; ... g) any other provisions contrary to this law. ... This law was adopted by the Chamber of Deputies at its meeting on December 18, 2001, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU This law was adopted by the Senate at the meeting of December 20, 2001, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA --------
