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Law No. 202 Of 22 May 2006 (Republished) Concerning The Organization And Functioning Of The National Agency For Employment) *

Original Language Title:  LEGE nr. 202 din 22 mai 2006 (*republicată*) privind organizarea şi funcţionarea Agenţiei Naţionale pentru Ocuparea Forţei de Muncă*)

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LEGE no. 202 202 of 22 May 2006 (** republished) (* updated *) on the organisation and functioning of the National Employment Agency * *) ((updated until 31 August 2014 *)
ISSUER PARLIAMENT




---------------- ____________ ** **) Republicated pursuant to the provisions art. II of Law no. 271/2007 on approval Government Emergency Ordinance no. 28/2007 for completion Law no. 202/2006 on the organization and functioning of the National Employment Agency, as well as for the establishment of institutional reorganization measures, published in the Official Gazette of Romania, Part I, no. 678 of 4 October 2007, giving the texts a new numbering. Law no. 202/2006 was published in the Official Gazette of Romania, Part I, no. 452 of May 25, 2006, was rectified in the Official Gazette of Romania, Part I, no. 580 580 of 5 July 2006 and has been amended by Government Emergency Ordinance no. 84/2006 to amend and supplement Law no. 202/2006 on the organization and functioning of the National Employment Agency, published in the Official Gazette of Romania, Part I, no. 926 of 15 November 2006, approved by Law no. 41/2007 ,, and by Government Emergency Ordinance no. 28/2007 for completion Law no. 202/2006 on the organization and functioning of the National Employment Agency, as well as for the establishment of institutional reorganization measures, published in the Official Gazette of Romania, Part I, no. 282 of 27 April 2007, approved by amendments Law no. 271/2007 . + Chapter I General provisions + Article 1 (1) The National Employment Agency, hereinafter referred to as the National Agency, is a public institution of national interest, with legal personality, under the authority of the Ministry of Labour, Family, Social Protection and Older People. ----------- Alin. ((1) of art. 1 1 has been amended by section 1 1 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. (2) The National Agency is organized and operates under the principle of tripartitism. (3) The National Agency is based in Bucharest. + Article 2 The National Agency shall ensure the coordination, guidance and control of the activity of subordinate units, for the purpose of applying the legislation in the specific field of activity and carrying out their duties, according to the law. + Article 3 (1) The National Agency shall apply the policies and strategies on employment and vocational training of persons in search of a job, developed by the Ministry of Labour, Family, Social Protection and Elderly, with the following principles: a) non-discriminatory access to services provided in the field of employment and training and to ensure equal opportunities in the internal labour market; b) impartiality in possible divergent interests between employers and labour; c) respect for the competitive nature of the labour market activities; d) confidentiality of customers ' personal data; e) transparency towards citizens and other institutions of the state, the European Union and civil society; f) subsidiarity; g) adaptability of services to changes in the social and economic environment; h) efficiency of public funds management. (2) In application of the policies and strategies provided in par. (1), the National Agency has the following main objectives: a) stimulating employment and increasing employment; b) stimulating the employment of young graduates of educational institutions in a coherent transition process from the education system to the labour market; c) prevention of unemployment; d) stimulating the participation of jobseekers in vocational training and skills assessment services acquired in other ways than formal ones; e) increasing the chances of employment and social inclusion of certain categories of persons experiencing difficulties in employment through services and active measures to stimulate employment; f) protection of persons at risk of loss of employment within the unemployment insurance system; g) protection of employees of employers in insolvency, under the conditions provided by Law no. 200/2006 on the establishment and use of the Guarantee Fund for the payment of salary claims, as amended; h) facilitating the free movement of workers in the Member States of the European Union and in the signatory states of the Agreement on the European Economic Area, as well as in other states with which Romania has concluded treaties, agreements or conventions. ----------- Article 3 has been amended by section 3. 2 2 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. + Chapter II Organization and functioning of the National + Article 4 (1) The National Agency is organized and operates according to the provisions of the present law and its own statute, which is approved by Government decision. (2) The organizational structure and the maximum number of posts shall be established by their own status. + Article 5 (1) The National Agency shall subordinate the following units with legal personality: a) the county employment agencies and the city of Bucharest, deconcentrated public services, hereinafter referred to as territorial agencies; b) regional adult vocational training centres, hereinafter referred to as regional centres; c) National Center for Vocational Training of Own Staff. (2) The National Agency shall subordinate units without legal personality to implement programs for the development of human resources, financed by European Union funds, organized at regional level. (3) The organization and functioning of the units referred to in (2) shall be established by the National Agency. (4) As of January 1, 2007, the units referred to in par. (2) shall be transformed into regional intermediate bodies for the Sectoral Operational Programme for the Development of Human Resources, pass under the Ministry of Labour, Family and Social Protection and shall be financed from the state budget, by diminishing corresponding to the number of posts from the unemployment insurance budget and the addition of the number of posts to the state budget. + Article 6 (1) In order to achieve its objectives, the National Agency has, mainly, the following tasks: a) ensure the implementation of employment policies developed by the Ministry of Labour, Family, Social Protection and Elderly, in line with the European Employment Strategy; b) develops, implements, finances and co-finances programs on employment and vocational training, as well as actions specific to its field of activity, based on policies and strategies developed by the Ministry of Labour, Family, Social Protection and Elderly; c) pursues the unitary application of the legislation governing social protection measures, prevention of unemployment and employment stimulation financed from the unemployment insurance budget and controls compliance by the units in subordinate to the relevant legal provisions in the field of activity; d) proposes for approval, annually, to the Ministry of Labour, Family, Social Protection and Elderly Employment programs and plans for the professional training of persons in search of a job; e) participate in the implementation of the measures provided for in the government plans and programs for employment, approved according to the law; f) performs the duties provided by the legal provisions on apprenticeship at work; g) performs the duties provided by the legal provisions regarding the performance of the internship for higher education graduates; h) ensures the implementation of projects specific to the field of activity financed by European grants; i) organize, under the law, the establishment and payment of money rights that are borne from the unemployment insurance budget; j) organize, under the law, the establishment and payment of claims that are borne from the Guarantee Fund for the payment of salary claims; k) administers the unemployment insurance budget and manages the Guarantee Fund for the payment of salary claims; l) allocate the necessary financial resources to the devolved structures; m) aims to carry out the execution of the unemployment insurance budget and the Guarantee Fund for the payment of salary claims and organizes the accounting activity related to them; n) provide, annually, to the Ministry of Labor, Family, Social Protection and Elderly the data necessary for the foundation and elaboration of the draft unemployment insurance budget; o) submit to the Ministry of Labour, Family, Social Protection and Elderly proposals on the normative acts governing the organization and functioning of the institution, in order to ensure the performance of the the law, as well as social protection measures, to prevent unemployment and to stimulate employment financed from the unemployment insurance budget; p) exercise the powers of the European Network of Employment Services (EURES); q) ensure coordination of the national network of employment services, component of the EURES network, as the National Coordination Office; r) collaborates with the European Office for the Coordination of the Compensation of Offers and Job Requests and with the other National Coordination Offices within the EURES network; s) implements the provisions of bilateral legal agreements in the field of labor exchange concluded by Romania; t) is a liaison body for unemployment benefits in the application of the European regulations on the coordination of social security systems; u) organizes and monitors the activity of implementation of the provisions on unemployment benefit from the European regulations on the coordination of social security systems at the level of the National Agency and territorial agencies; v) organize, coordinate and monitor the activity of informing and advising persons who wish to perform work in the Member States of the European Union and in the signatory states of the Agreement on the European Economic Area, as well as in other states with which Romania has concluded treaties, agreements, conventions and agreements; w) promotes, in collaboration with the other competent institutions, measures to ensure and protect the rights and freedoms of Romanian citizens working abroad; x) performs its functions as a member of Romania of the World Association of Public Employment Services; y) organizes, under the law, the activity regarding the accreditation of specialized service providers to stimulate employment; z) manages the National Register of specialized service providers for employment stimulation and the National Register of specialized service providers to stimulate employment in another Member State of the Union European or European Economic Area that provides cross-border specialized services to stimulate employment on the territory of Romania; aa) organizes and monitors the activity of territorial agencies on control, the fulfillment of precautionary measures and the execution of forced execution of budgetary claims representing debits to the unemployment insurance budget, others than those from non-payment of contributions; bb) elaborates the annual employment balance at national and county level; cc) develops and/or coordinates and finances studies, analyses, labour market forecasts and the impact of active employment incentive measures; dd) calculates and makes public the statistical indicators on the labor market, according to the legal provisions; ee) manages the computer system at the level of the National Agency and its territorial structures; ff) coordinates activities regarding the provision of human resources, organizes professional training, improvement and specialization of personnel at the level of the National Agency and its territorial structures; gg) promotes the services offered by the National Agency and its territorial structures, ensures the operative information of the beneficiaries on accessing these services and publishes informative materials in its field of activity. ----------- Alin. ((1) of art. 6 6 has been amended by section 3 3 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. (2) The National Agency shall perform other duties provided by law. + Article 7 (1) In order to achieve the quantitative and qualitative indicators resulting from the quantification of the measures contained in the Government Employment Strategy, hereinafter referred to as managerial performance indicators, between the Minister of Labour, Family, Social Protection and Elderly and the President of the National Agency shall conclude an annual management performance contract, with the prior opinion of the board of directors of the National Agency. ----------- Alin. ((1) of art. 7 7 has been amended by section 4 4 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. (2) The Ministry of Labour, Family and Social Protection exercises control over how the strategies and policies developed in the field of employment are implemented, as well as on the achievement of performance indicators managerial. (3) The President of the National Agency shall submit quarterly reports on the stage of fulfilment of the indicators provided for in the managerial performance contract. (4) The annual report on the performance of managerial performance indicators shall be submitted by the President of the National Agency to the Minister of Labour, Family and Social Protection for approval. (5) The annual management performance contract provided in par. (1) is valid both for the National Agency and for territorial agencies and regional centers. ----------- Alin. ((5) of art. 7 7 has been introduced by section 5 5 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. + Article 8 (1) The staff of the National Agency and the subordinate units shall consist of civil servants and employed persons on the basis of an individual employment contract. (2) The staff provided in par. (1) is salarized according to the legal provisions applicable to civil servants and contract staff in the budgetary sector. + Article 9 (1) The patrimony of the National Agency shall be made up of movable and immovable property owned or owned by its private property. (2) The movable and immovable property in public property is given in the administration of the National Agency, for the performance of its functions, under the law. (3) The movable and immovable property held in the private property of the National Agency shall be constituted by own sources, donations or other sources, according to the law. + Article 10 For the development of the activities of the National Agency, respectively of the subordinate units, the central and local public authorities attribute, under the conditions provided by law, land, buildings and spaces + Article 11 ((1) The expenses related to the organization and functioning of the National Agency, of the territorial agencies, as well as of the National Center for Professional Training of Own Personnel shall be fully ensured from the unemployment insurance budget, within the limits of the approved with this destination. ----------- Alin. ((1) of art. 11 11 has been amended by section 6 6 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. ((2) The expenses regarding the organization and functioning of the regional centers shall be ensured from their own income and from subsidies granted from the unemployment insurance budget, under the law. + Chapter III National Agency Management + Section 1 Board of Directors + Article 12 (1) The National Agency shall be headed by a board of directors, consisting of representatives of the Government, as well as of representative trade union and employers ' confederations at national level, consisting of 15 members, as follows: a) 5 members, representatives of the Government, appointed by decision of the Prime Minister; b) 5 members appointed by the representative trade union confederations at national level; ----------- Lit. b) a par. ((1) of art. 12 12 has been amended by section 4.2 7 7 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. c) 5 members appointed by the representative employers ' confederations at national level. ----------- Lit. c) a par. ((1) of art. 12 12 has been amended by section 4.2 7 7 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. (2) They are representative at national level trade union and employers ' confederations that meet the conditions provided by law. (3) Each of the confederations referred to in par. ((1) lit. b) and c) has a place on the board of directors, if their number is no more than 5 organizations. In the case of a larger number of candidate organizations, the nomination is made by consensus, and, in case of disagreement, by vote, within each party, with the majority of three-fourths of the total number of confederations. ----------- Alin. ((3) of art. 12 12 has been introduced by section 8 8 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. + Article 13 (. In the Management Board, the person who cumulatively meets the following conditions may be designated: a) has full exercise capacity; b) has Romanian citizenship and domicile in Romania; c) did not suffer criminal convictions. (2) Provisions of para. ((1) lit. b) does not apply to the citizens of the Member States of the European Union, as well as to the citizens of the signatory states of the + Article 13 ^ 1 (1) The mandate of the members of the board of directors shall be 4 years, renewable. (2) At least 30 days before the expiry of the term of office of the acting members on the board of directors of the National Agency, the trade union confederations and the representative employers ' confederations at national level shall begin, upon notification To the National Agency, negotiations for the appointment of new members. (3) The Confederations referred to in par. ((2) who have been assigned seats on the board of directors will communicate to the National Agency the names of the designated members, at least 10 days before the expiry of the mandate of the acting members. (4) By way of derogation from the provisions of paragraph (1), if until the date of termination of the mandate of the acting members are not appointed or appointed, under the conditions of this law, the new members, the mandate of the acting members of the board of directors shall be extended until the appointment new members. ----------- Article 13 ^ 1 was introduced by item 1. 9 9 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. + Article 14 ((. The membership of the Management Board shall cease in the following circumstances: a) upon expiry of the mandate b) in case of death; c) in case of resignation; d) in the case of revocation by the party who appointed him or appointed him, as the case may be; e) if it no longer meets one of the conditions provided for in art. 13 13 para. ((1); f) in a situation where the employers ' confederation or trade union confederation which has designated it loses its status as a representative confederation at national level. (2) In the situations provided in par. ((1) lit. b-e), within 15 working days, the organization to which the person to whom the membership of the board of directors has ceased shall appoint or designate, as the case may be, another person, until the expiry of the original term of office. (3) In the situation referred to in paragraph (1) lit. f), the trade union and/or employers ' confederations, as the case may be, representative at national level will establish other confederations among them, in accordance with the provisions of art. 12 12 para. ((3), to designate its members on the board of directors. (4) If the appointed or appointed members are absent from no more than 3 consecutive meetings of the board of directors, the National Agency may request their revocation. ----------- Article 14 has been amended by section 4.2. 10 10 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. + Article 15 (1) The Board of Directors shall meet monthly, in ordinary meetings, at the initiative of the President. (. The Board of Directors may meet whenever necessary, in extraordinary meetings, at the initiative of the President or at least 7 of the number of its members, provided that each party is represented. (3) The convocation of the board of directors shall be made at least 5 working days before the date of the established meeting, bringing to the attention of the members the agenda of the meeting. ((4) The projects of the materials on the agenda of the meeting of the board of directors shall be made available to its members at least 3 working days before the date set for the meeting. + Article 16 (. The Management Board shall operate only in the presence of at least two thirds of its members, provided that each party is represented. (2) At the meetings of the board of directors, the President may invite persons holding senior positions within the National Agency, as well as specialists. ((3) If he/she cannot attend the meetings of the board of directors, the president may designate a member of the board to serve as sitting president. (4) The decisions of the board of directors shall be adopted by the vote of the simple majority of the members, respectively with the meeting of the number of half plus one of the total members present, provided that each party is represented. (5) The members of the board of directors, who, either personally or by spouse, wife, afini or relatives up to and including the second degree, have a patrimonial interest in the matter subject to the debate of the board of directors, may not participate in the debates and or the adoption of decisions. (6) A minutes signed by all the members of the board of directors present shall be drawn up at each meeting of the board of directors. ----------- Alin. ((6) of art. 16 16 has been introduced by section 11 11 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. + Article 17 (1) The members of the board of directors, with the exception of the President, shall receive a meeting allowance of 10% of the National Agency's President's allowance. (2) The amount of the amounts due monthly to a member of the board of directors for participation in meetings is maximum 20% of the allowance of the President of the National Agency. + Article 18 (1) In exercising the driving act, the board of directors of the National Agency shall have the following tasks: a) coordinates the activity of the Agency b) endorse the projects of the annual national programmes on the occupation and training of persons in search of a job; c) approve the annual training plans of the staff of the National Agency and of the subordinate units; d) endorses the data necessary for the foundation and elaboration of the unemployment insurance budget; e) approves the breakdown of the unemployment insurance budget on the units subordinated to the National Agency in relation to their tasks, according to the law; f) approve the annual financial statement and the budget implementation account; g) approves the annual investment program and aims to achieve it, in compliance with the legal provisions; h) establish measures and adopt decisions on improving the activity of the National Agency i) approve the topic of studies, research and analyses on the specific field of activity of the National Agency j) approve the organization of functional compartments of the National Agency within the approved organizational structure; k) approves the organization and functioning regulations of the National Agency; l) analyze the activity reports of the National Agency and the annual employment balance; m) analyzes the activity of the units subordinated to the National Agency and proposes measures to improve it; n) approve the establishment of regional centers, within the limit of the number of approved posts, as well as their counties; o) approve the establishment of local employment agencies, their own vocational training centres, as well as working points, within the limit of the number of posts approved; p) approves the organizational structure of the units provided in art. 5 5; q) approves the framework regulation for the organization and functioning of the units provided in art. 5 5; r) decides on the use of donations and assets acquired, under the law, from sources other than the unemployment insurance budget; s) approve the own rules of organization and operation. ----------- Alin. ((1) of art. 18 18 has been amended by section 12 12 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. (2) Other duties of the Board of Directors may be established by the National Agency. (. In the exercise of its powers, the Management Board shall adopt decisions. (4) The members of the board of directors shall respond, under the law, for damages caused by the decisions adopted in the exercise of their mandate, depending on the vote expressed. ----------- Alin. ((4) of art. 18 18 has been amended by section 12 12 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. + Section 2 President + Article 19 (1) The President of the National Agency is also chairman of the board of directors, being appointed by decision of the Prime Minister, from among the representatives of the Government on the board of directors, at the proposal of the Minister of Labour, social protection. (. The President shall exercise a function assimilated to the functions of public dignity. (3) The President has the rank of Secretary of State and benefits from the salary rights, as well as the other rights provided by law for the office of Secretary of State. (4) Within the central apparatus of the National Agency, the office of the President of the National Agency shall be organized and operated. + Article 20 (1) The Minister of Labour, Family and Social Protection shall delegate the powers provided by the legal provisions in force for the principal authorising officer of the unemployment insurance budget for the President of the National Agency (2) In the situations provided in art. 21 21 para. (2) and in case the President of the National Agency is unable to carry out the duties provided in par. ((1), they shall be delegated by the Minister of Labour, Family and Social Protection to the Secretary-General or his replacement. + Article 21 (1) The term of office of the President shall be 4 years, renewable. (2) The President's mandate shall cease by resignation, by revocation of the proposal of the Minister of Labour, Family and Social Protection, or by death. + Article 22 (1) In exercising the driving act, the President shall have the following duties: a) leads the National Agency; b) ensure implementation by the National Agency and subordinate units of employment policies developed by the Ministry of Labour, Family, Social Protection and Elderly; c) represents the National Agency in relations with the public administration authorities, with other legal entities, with individuals, as well as with bodies from the country and abroad; d) heads the meetings of the Board; e) ensure the implementation of the decisions of the Management Board; f) approves the state of functions of the National Agency; g) approve the organizational structures of the units provided in art. 5, elaborated on the basis of the organizational structure; h) approves the regulations of organization and functioning of the units provided in art. 5, elaborated on the basis of the framework regulation of organization and functioning; i) ensure the elaboration, approval, application and improvement of organizational structures, methodological regulations, procedures and evaluation criteria, in order to satisfy the general and specific requirements of internal/managerial control; j) approve the control program active measures for the control compartment active measures within the central apparatus of the National Agency; k) approves the internal public audit plans; l) develop collaborative relations with similar institutions in other countries, within the limits of the competences provided by law; m) ensures the promotion of the National Agency n) performs the duties incumbent, according to the law, to the principal authorising officer; o) approve the appointment, promotion, modification and termination of employment or service relations of subordinate personnel, under the law; p) approves the specific performance indicators, on the basis of which the managerial performance contracts with the heads of the subordinate units are concluded. ----------- Alin. ((1) of art. 22 22 has been amended by section 13 13 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. (2) Other duties of the President may be determined by the National Agency. (3) In the exercise of his duties, as well as for the fulfilment of the decisions of the Board of Directors, the President shall (4) If the President of the National Agency is unable to perform the duties provided for by this Law, they shall be exercised by the Secretary General of the National Agency, except those arising from the quality of President of the Management Board. ----------- Alin. ((4) of art. 22 22 has been introduced by section 14 14 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. (5) The President may delegate duties, except as provided in par. ((1) lit. n) and art. 20 20 para. (1), under the law, the Secretary-General. ----------- Alin. ((5) of art. 22 22 has been introduced by section 14 14 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. (6) The delegation order shall specify the limits and conditions of the delegation. ----------- Alin. ((6) of art. 22 22 has been introduced by section 14 14 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. + Section 3 General Secretary + Article 23 (1) The executive activity of the National Agency shall be coordinated by a general secretary. (2) The Secretary-General of the National Agency is part of the category of senior civil servants and is appointed under the law. + Article 24 (1) In exercising the driving act, the Secretary-General shall have the following tasks a) coordinate the activity of functional compartments within the National Agency, according to its statute; b) coordinates the activity of units subordinated to the National Agency; c) ensure the implementation of employment and training programs at national and territorial level; d) ensure the coordination of the elaboration of studies, reports, analyses, forecasts and employment balances; e) presents to the board of directors reports and analyses on the activity of the National Agency; f) coordinate the work on the representation in court of the National Agency and subordinate units; g) performs the duties delegated by the president according to art 22 22 para. ((5); h) ensure the carrying out of the decisions of the board of directors and orders issued by the President of the National Agency; i) submit for approval to the board of directors of the National Agency the regulations provided for in 18 18 para. ((1) lit. k) and q); j) submit for approval to the President of the National Agency the organizational structures provided for in 22 22 para. ((1) lit. g), as well as the regulations provided in art. 22 22 para. ((1) lit. h); k) coordinate the development of uniform application methodologies of the legislation in the specific field of activity; l) ensure the implementation, maintenance and improvement of quality management systems. ----------- Alin. ((1) of art. 24 24 has been amended by section 15 15 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. (2) Other duties of the Secretary-General may be established by the status of the National Agency and shall be provided in the (3) In the exercise of his duties, the Secretary-General shall issue decisions of a non- (4) The general secretary of the general secretary shall be established by order of the President of the National Agency. + Article 25 (1) The Secretary-General may delegate part of his duties to the rightful substitute or other persons empowered for this purpose, with the approval of the President of the National Agency, under the law. (2) The delegation act shall specify the limits and conditions of the delegation. + Chapter IV Units under the National Agency + Section 1 Territorial agencies + Article 26 Territorial agencies are deconcentrated public services, constituted at county level, as well as of Bucharest, which mainly have the following tasks: a) ensure the registration in the records of persons in search of a job and unemployed persons, under the law; b) conclude, under the law, unemployment insurance contracts; c) establish and pay, under the law, the money rights that are borne from the unemployment insurance budget; d) provide and fund services to prevent unemployment and to stimulate employment, in line with employment strategies and policies and trends in the internal labour market; e) ensure the registration in records of job vacancies communicated by employers according to the law; f) advises and directs people in search of a job and carries out the implementation of employers with job seekers in order to establish employment or service relationships; g) organize and provide, free of charge or for a fee, under the law, vocational training and evaluation and certification services of skills acquired on horses other than formal ones for persons not employed and for other categories of beneficiaries provided by law; h) ensures the implementation of programs specific to the field of activity financed by European grants; i) establish and pay, under the law, the claims to be borne from the Guarantee Fund for the payment of salary claims; j) ensure the achievement of the indicators set out in the annual management performance contracts; k) accredits, under the law, specialized service providers to stimulate employment; l) implement the legal provisions on apprenticeship at work and manage the Register of employers of apprentices; m) controls compliance by natural and legal persons with the legal provisions governing the unemployment insurance system and employment stimulation; n) manage the financial resources allocated from the unemployment insurance budget, according to the law; o) comply with the precautionary measures and carry out the forced execution of budgetary claims representing debits set up to the unemployment insurance budget, other than those coming from non-payment of contributions; p) provides information and advice services to persons who wish to perform work in the Member States of the European Union and in the signatory states of the Agreement on the European Economic Area, as well as in other states with which Romania has concluded treaties, conventions, agreements and arrangements; q) are competent institutions for the application of the provisions on unemployment benefit from the European regulations on the coordination of social security systems; r) ensures the granting of unemployment benefits established by the use of insurance periods carried out in other Member States of the European Union and in the signatory states of the Agreement on the European Economic Area and Switzerland, under the conditions provided by the European regulations on the coordination of social security systems; s) edit informative materials in its own field of activity. ----------- Article 26 has been amended by section 6.6. 16 16 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. + Article 27 (1) In order to carry out the tasks assigned to them, with the approval of the board of directors, local agencies may be established under the territorial agencies, hereinafter referred to as local agencies, their own training, as well as working points, units without legal personality. (2) Local agencies for employment can be constituted at the level of the county municipalities, at the level of the main localities within each county, as well as at the level of the sectors of Bucharest. (3) Own training centres may be established at the level of territorial agencies and at the level of local agencies. (4) The working points shall be organised and operated under the local agencies. + Article 28 (1) The management of territorial agencies shall be exercised by executive directors and deputy chief executives. (2) The management of the local agencies established at the level of the Bucharest municipality sectors shall be exercised by deputy executive directors + Article 29 (1) The occupation of positions of executive directors and deputy chief executives of territorial agencies, as well as of local agencies established at the level of the sectors of Bucharest municipality is based on competition organized under the law. (2) Executive directors and deputy chief executives shall have the status of civil servants and shall be appointed by the President of the National Agency, under the law. + Article 30 The duties of the executive directors and the deputy executive directors referred to in art. 28, as well as their rightful replacements shall be established by the regulations of organization and functioning of the territorial agencies and shall be provided in the job description. + Article 31 (1) The executive directors of the territorial agencies have the quality of tertiary authorising officers. (. Executive directors may delegate this quality, as well as a part of the duties of replacements of law or other persons empowered for that purpose. (3) The delegation act shall specify the limits and conditions of the delegation. + Article 32 In carrying out their duties according to the law, the executive directors of the territorial agencies are supported by tripartite advisory councils. + Article 33 The advisory councils of the territorial agencies are composed of 15 members, as follows: a) 5 members, of which a representative member of the local public authorities, appointed by the president of the county council, and 4 members representatives of the devolved services of ministries and other bodies of the central public administration from administrative-territorial units proposed by the territorial agencies, appointed by the prefect; b) 5 members appointed by the representative trade union confederations at national level; c) 5 members appointed by the representative employers ' confederations at national level. ----------- Article 33 has been amended by section 6.6. 17 17 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. + Article 34 The members of the advisory councils of territorial agencies representing trade unions and employers shall be established in accordance with the provisions of 12 12 para. ((3) between the trade union confederations and between the representative employers ' confederations at national level. ----------- Article 34 has been amended by section 4. 18 18 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. + Article 35 Art. 13 13, 13 ^ 1, 14 and art. 16 16 para. ((1) shall also apply accordingly to the members of the advisory councils of the territorial agencies. ----------- Article 35 has been amended by section 6.6. 19 19 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. + Article 36 ((. The advisory councils of the territorial agencies shall meet monthly or whenever necessary, at the request of the executive directors or of one third of the number of their members. (2) The convocation of the advisory council shall be made at least 5 working days before the date of the established meeting, bringing to the attention of the members the agenda of the meeting. + Article 37 (1) For the participation in the meetings of the advisory councils of the territorial agencies, their members shall receive a meeting allowance of 10% of the basic salary of the executive director of the territorial agency. (. During their term of office, members of the Advisory Councils may be revoked by those who appointed them. The revocation can also be carried out on the proposal of territorial agencies, in case of registration of 3 successive absences at the meetings held. (3) The amount of the amounts due monthly to a member of the advisory board for participation in meetings may not exceed 20% of the basic salary of the executive director of the territorial agency. + Article 38 (1) The advisory councils of the territorial agencies mainly have the following tasks: A. advises CEOs in the adoption of decisions on: a) measures to carry out their tasks according to the programs developed in the field of employment and indicators specific to the field of activity, provided in the management performance contracts; b) the distribution between subunits of the tasks assigned to them according to the managerial performance contracts; B. analyzes: a) the monthly budget implementation and the quarterly financial statement; b) annual activity report, annual financial statement and budget implementation; C. make proposals on: a) the activity programs of the subunits subordinated to the territorial agencies; b) projects of employment and vocational training programs at the county level; c) the draft budget; d) establishment and development of working points. (2) Other tasks of the advisory councils of territorial agencies may be established by the statute of the National Agency. + Section 2 Regional centres + Article 39 (1) The regional centers organize and realize, under the law, in collaboration with the territorial agencies of the counties that are arondate by decisions of the board of directors, the work of professional training of the unemployed and other categories of persons. (2) Regional centres may also carry out professional training and evaluation and certification of the professional skills of the unemployed and other categories of persons from other non-scheduled counties, at the request of the territorial agencies, employers, as well as other interested entities. ----------- Article 39 has been amended by section 6.6. 20 20 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. + Article 40 The management of regional centres shall be exercised by directors and deputy directors. + Article 41 (1) The occupation of the posts of directors and deputy directors of the regional centers shall be based on competition or examination, organized under the law. (2) The directors and deputy directors shall be appointed by the President of the National Agency, under the law. + Article 42 The tasks of the directors of the regional centres, as well as their rightful replacements shall be established by the regulations governing the organisation and functioning of the regional centres and shall be provided + Article 43 (1) The directors of the regional centres shall have the quality of tertiary authorising officers. (2) The directors may delegate this quality, as well as a part of the duties of replacements of law or other persons empowered for that purpose. (3) The delegation act shall specify the limits and conditions of the delegation. + Article 44 In carrying out their duties according to the law, the directors of the regional centres are supported by tripartite consultative councils. + Article 45 The advisory councils of the regional centres shall be composed as follows: a) one member, representative of each territorial agency assigned to the regional center, appointed by the executive director of that agency; ----------- Lit. a) of art. 45 45 has been amended by section 4.2 21 21 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. b) a representative member of the regional development agency in the region related to the locality in which the regional center is established, appointed by its leader; c) a member designated by the representative trade union confederations at national level, in accordance with the provisions of art. 12 12 para. ((3) the second sentence, which shall apply accordingly; ----------- Lit. c) of art. 45 45 has been amended by section 4.2 21 21 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. d) a member designated by the representative employers ' confederations at national level, in accordance with the provisions of art. 12 12 para. ((3) the second sentence, which shall apply accordingly. ----------- Lit. d) of art. 45 45 has been amended by section 4.2 21 21 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. + Article 46 (. The advisory councils of the regional centres shall meet on a quarterly basis or, exceptionally, at the request of the directors. (2) The convocation of the advisory councils shall be made at least 5 working days before the date of the established meeting, bringing to the attention of the members the agenda of the meeting. + Article 47 Art. 13, 131, 14, art. 16 16 para. ((1) and art. 37 shall also apply accordingly to the members of the advisory councils of the regional centres. ----------- Article 47 has been amended by section 6.6. 22 22 of art. I of ORDINANCE no. 15 15 of 19 August 2014 , published in MONITORUL OFFICIAL no. 630 630 of 28 August 2014. + Article 48 (1) The advisory councils of the regional centres mainly have the following tasks: A. advises directors in the adoption of decisions on: a) the development of the regional strategy for the vocational training of adults, correlated with the requirements of the labour market in the region they serve; b) the adoption of appropriate measures for the purpose of carrying out tasks according to the plans, training programmes and indicators specific to the field of activity, provided for in the performance contracts; B. analyzes: a) the monthly budget implementation and the quarterly financial statement; b) annual activity report, annual financial statement and budget implementation; C. make proposals on: a) the draft annual training plan; b) substantiating the budget; D. promotes the realization of social dialogue at the level of regional centers, in the field of vocational training of people looking for a job. (2) Other tasks of the advisory councils of regional centres may be established by the status of the National Agency. + Section 3 National Centre for Vocational Training of Own Staff + Article 49 The National Center for Professional Training of Own Personnel ensures, based on the annual staff training strategies and programs approved by the board of directors, the training and improvement of the National Agency staff as well as the personnel in the subordinate units. + Article 50 (1) The management of the National Center for Professional Training of Own Personnel shall be exercised by an executive director. (2) The management of the financial-accounting activity is provided by a deputy executive director. + Article 51 Art. 29 shall also apply accordingly to the Executive Director and the Deputy Executive Director of the National Centre for Vocational Training of Own Staff. + Article 52 The duties of the Executive Director and the Deputy Executive Director of the National Centre for Vocational Training of their Own Staff, as well as their rightful replacements, shall be established by the Rules of Organization and Functioning of the The National Center for Professional Training of Own Staff and are provided in the job description. + Article 53 (1) The Executive Director of the National Center for Professional Training of Own Personnel has the status of tertiary authorising officer. (. The Executive Director may delegate some of the duties to the rightful substitute or other persons empowered for that purpose. (3) The delegation act shall specify the limits and conditions of the delegation. + Chapter V Transitional and final provisions + Article 54 (1) This law shall enter into force 60 days after its publication in the Official Gazette of Romania, Part I*). __________ * *) Law no. 202/2006 was published in the Official Gazette of Romania, Part I, no. 452 452 of 25 May 2006. (2) The National Agency will develop its own status * *) and will submit it for approval to the Government, within the deadline provided in par. ((1). ________ ** **) See Government Decision no. 1.610/2006 on the approval of the Statute of the National Employment Agency, published in the Official Gazette of Romania, Part I, no. 958 of 28 November 2006, with subsequent amendments and completions. + Article 55 The date of entry into force of this Law shall be repealed: a) Law no. 145/1998 on the establishment, organization and functioning of the National Employment Agency, published in the Official Gazette of Romania, Part I, no. 261 of July 13, 1998, with subsequent amendments and completions, except art. 1 1 para. ((1); b) any other provisions to the contrary. NOTE: We reproduce below provisions that are not incorporated into the republished form of Law no. 202/2006 and which continue to apply as own provisions of the amending acts: - art. II of Government Emergency Ordinance no. 84/2006 to amend and supplement Law no. 202/2006 on the organisation and functioning of the National Employment Agency: "" Art. II. -The main authorising officer is authorized to introduce, with the opinion of the Ministry of Public Finance, the amendments resulting from this emergency ordinance in the structure of the unemployment insurance budget approved for 2006, as well as in the annexes thereto, the staff costs and the maximum number of posts. '; - art. II and III of Government Emergency Ordinance no. 28/2007 for completion Law no. 202/2006 on the organization and functioning of the National Employment Agency, as well as for the establishment of institutional reorganization measures: "" Art. II. -(1) On the date of entry into force of this emergency ordinance, the personnel assigned to the Directorate for the Protection of the Rights of Romanian Citizens Working Abroad and to the Records and Monitoring Directorate of the Ministry of Labour, Family and Equality of Health * **) is taken over by the National Employment Agency. (2) On the date of entry into force of this emergency ordinance, the Office for the Migration of the Labour Force, a public institution with legal personality subordinated to the Ministry of Labour, Family and Equal Opportunities * **), passes under The National Employment Agency. (3) Within 60 days from the date of entry into force of this emergency ordinance, the Office for the Migration of the Labour Force and the two directions taken from the Ministry of Labour, Family and Equal Opportunities * **) shall be reorganized. (4) Until the reorganization of the structures taken, the staff provided in par. ((1) and (2) maintain their salary rights. (5) Within 60 days from the date of entry into force of this emergency ordinance, the National Employment Agency will appropriately amend its own status and submit it for approval to the Government. __________ *** ***) According to provisions Government Emergency Ordinance no. 221/2008 , published in the Official Gazette of Romania, Part I, no. 882 of 24 December 2008, the name "Ministry of Labour, Family and Equal Opportunities" was replaced by the name "Ministry of Labour, Family and Social Protection", and the name "Ministry of Economy and Finance" with the name "Ministry of Economy and Finance" Economy ", in the case of provisions governing the activity of economy, and with the name" Ministry of Public Finance ", in the case of provisions governing the activity of finance. Art. III. -The Ministry of Economy and Finance is authorized * **) to introduce, at the request of the main authorising officer, the changes that are required in the volume and structure of the state budget, the unemployment insurance budget, the budget Ministry of Labour, Family and Equal Opportunities * **), as well as in the annexes thereto. " _________ *** ***) According to provisions Government Emergency Ordinance no. 221/2008 , published in the Official Gazette of Romania, Part I, no. 882 of 24 December 2008, the name "Ministry of Labour, Family and Equal Opportunities" was replaced by the name "Ministry of Labour, Family and Social Protection", and the name "Ministry of Economy and Finance" with the name "Ministry of Economy and Finance" Economy ", in the case of provisions governing the activity of economy, and with the name" Ministry of Public Finance ", in the case of provisions governing the activity of finance. ____________