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Law No. 268 Of 7 July 2009 On Approval Of The Government Emergency Ordinance Nr. 28/2009 On The Regulation Of Social Protection Measures

Original Language Title:  LEGE nr. 268 din 7 iulie 2009 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 28/2009 privind reglementarea unor măsuri de protecţie socială

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LEGE no. 268 268 of 7 July 2009 for approval Government Emergency Ordinance no. 28/2009 on the regulation of social protection measures
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 482 482 of 13 July 2009



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 28 28 of 18 March 2009 on the regulation of certain social protection measures, published in the Official Gazette of Romania, Part I, no. 186 of 25 March 2009, with the following amendments and additions: 1. Article 1 is amended and shall read as follows: "" Art. 1. --(1) By way of derogation from the provisions of Article 39 39 para. ((1) and art. 40 40 of Law no. 76/2002 on the unemployment insurance system and employment stimulation, with subsequent amendments and completions, for persons falling within one of the situations provided for in art. 17 17 of Law no. 76/2002 , with subsequent amendments and completions, until December 31, 2009, the period of granting unemployment benefit, established under the law, is extended by 3 months. (2) For unemployed persons who benefit from unemployment benefit on the date of entry into force of this emergency ordinance, the granting period is extended by 3 months from the date until which the respective right was established. (3) For the unemployed for which, on the date of entry into force of this emergency ordinance, the payment of unemployment benefit is suspended under the law, at the date of reinstatement of the right to unemployment benefit, the period of granting unemployment benefit, established under the law, is extended by 3 months. " 2. Article 2 is amended and shall read as follows: "" Art. 2. -(1) In 2009, during the suspension of the individual employment contract on the initiative of the employer, in case of temporary interruption of the activity art. 52 52 para. ((1) lit. d) of Law no. 53/2003 - Labour code , with subsequent amendments and completions, employees whose contracts are thus suspended and who benefit from the allowance of at least 75% of the basic salary corresponding to the job occupied, provided for in art. 53 53 para. ((1) of Law no. 53/2003 , with subsequent amendments and completions, as well as employers, for those employees, are exempt from the payment of social insurance contributions due according to the law, but not for more than 90 days. (2) The allowances to which the employees benefit, at least 75% of the basic salary corresponding to the job occupied, paid from the salary fund, during the temporary interruption of the employer's activity, provided for in art. 53 53 para. ((1) of Law no. 53/2003 , with subsequent amendments and completions, are not included in the salary income and are not taxable, for a period of no more than 90 days in 2009, within the meaning of the income tax provided by Law no. 571/2003 on Tax code , with subsequent amendments and completions. (3) The period provided in par. (1), for which employees whose individual employment contracts are suspended and the employers of these employees are exempt from the payment of social insurance contributions due according to the law, constitute a contribution period without payment of the contribution. (4) The measures provided in par. ((1)-(3) shall apply where the individual employment contract is suspended in situations of temporary, total or partial interruption, including temporary reduction, of the employer's activity, in particular for economic, technological reasons, structural or similar. (5) The measures provided in par. ((1)-(3) shall not apply during the period of 2009 prior to the date of entry into force of this Emergency Ordinance. (6) Social insurance contributions include social security contributions, unemployment insurance contribution, insurance contribution for accidents at work and occupational diseases, contribution to the guarantee fund for the payment of salary claims, the contribution for health insurance, including the contribution for holidays and health insurance benefits, due, according to the legal provisions, both of the employees who benefit from the allowance of at least 75% of the basic salary corresponding to the job occupied, provided in art. 53 53 para. ((1) of Law no. 53/2003 , with subsequent amendments and completions, as well as their employers, for those employees. ((7) For the establishment and calculation of unemployment benefit provided for by Law no. 76/2002 , with subsequent amendments and completions, and for the establishment and calculation of the rights provided for by Law no. 19/2000 on the public pension system and other social security rights, with subsequent amendments and completions, shall be used the minimum gross basic salary per country guaranteed in payment, in force during the period provided in par. ((1). In case the contribution period made according to par. (3) is corresponding to a fraction of the month, the minimum gross basic salary per country guaranteed in the payment in force during that period, corresponding to the fraction of the month, shall be used. (8) By way of derogation from the provisions of Article 34 34 para. ((1 ^ 1) lit. a) and ale art. 35 35 para. ((1) of Law no. 76/2002 , with subsequent amendments and completions, the period provided in par. ((3), in which the employees carry out the contribution period without payment of the contribution, the period of 24 months before the date of registration of the application for the granting of unemployment benefit, provided for in art. 34 34 para. ((1) lit. a) of Law no. 76/2002 , with subsequent amendments and completions, as well as the achievement of the minimum contribution period in the unemployment insurance system. " 3. Article 3 is amended and shall read as follows: " Article 3. --Law no. 132/1999 on the establishment, organization and functioning of the National Council for Professional Training of Adults, republished in the Official Gazette of Romania, Part I, no. 68 of 27 January 2004, as amended and supplemented, shall be amended and supplemented as follows: 1. After Article 4, thirteen new articles are introduced, Articles 4 ^ 1-4 ^ 13, with the following contents: "" Art. 4 4 ^ 1. -The sectoral committees are social dialogue institutions of public utility, with legal personality, organized on the basis of this law at the level of the branches of activity defined by the collective collective agreement at national level in force. At the level of a branch of activity, a single sectoral committee may be constituted. Article 4 ^ 2. -(1) For the establishment of a sectoral committee, the association agreement of at least two organizations, one employers and one trade union, of a federative and representative type at the level of the same branch, according to the law, for which it is established that committee. By way of exception, where the employer is a ministry, for the establishment of a sectoral committee the association agreement of at least one representative trade union organization at the branch and ministry level, respectively of the authority of regulation that has the role of employer. (2) The national trade union and employers 'confederations may designate a single trade union federation, respectively a single non-representative employers' federation, signatory to the collective agreement at branch level, in order to participate in the establishment of the sectoral committee of the branch concerned. (3) The composition of the sectoral committee may also include representatives of professional associations in the respective branch of activity. (4) For the acquisition of legal personality according to this law, the person empowered for this purpose by the sectoral committee shall submit to the Bucharest Court the following acts: a) application for the application of the sectoral committee as a legal person of public utility; b) copy of the civil sentence of establishment of the employers ' federation at branch level, respectively of the trade union federation; c) copy of the civil sentence of valid representativeness of the organizations provided in lett. b) who have acquired their representativeness at the level of the branch for which the sectoral committee is constituted or the proof of affiliation to a representative trade union/employers ' confederation at national level, for the situation provided in par. ((2); d) the constitutive act of the sectoral committee; e) the status of the sectoral committee, signed by its constituents, which must contain at least the following: the identification data of the constituents, the name, the establishment, the association agreement for the establishment, the duration of operation, the structure and duties of the management, administration and control bodies of the sectoral committee-modalities of election and revocation, the purpose and objectives, rights and obligations of the members of the sectoral committee as well as provisions related to splitting, merging or winding up; f) the opinion of the National Council for Vocational Training of Adults for Establishment; g) proof of the existence of the original headquarters and heritage h) the court decision establishing the sectoral committee on the basis of Government Ordinance no. 26/2000 on associations and foundations, approved with amendments and additions by Law no. 246/2005 , as amended, if it exists. Article 4 ^ 3. -(1) The Bucharest Court, upon receipt of the application for registration, no later than 5 days after its registration, shall examine and ensure: a) if the documents provided for in art. 4 ^ 2 para. ((4); b) if the constitutive act and the status of the sectoral committee are in conformity with the legal provisions c) there is no registration in the special register provided for in art. 4 ^ 5 of another sectoral committee in the same branch of activity. (2) If it finds that the legal requirements for the constitution of the sectoral committee are not met, the president of the court shall quote the authorized person, provided for in art. 4 ^ 2 para. ((4), to which it requests, in writing, to remedy the irregularities found, within no more than 7 days. ((3) If the requirements referred to in par. (1), the court will proceed with the settlement of the application within 10 days, with the citation of the authorized person. (. The court shall give a reasoned decision on the admission or rejection of the application. (5) The decision of the tribunal shall be communicated to the signatory of the application for registration, no later than 5 days after the ruling. Article 4 ^ 4. -(1) The judgment of the tribunal is subject only to appeal. (2) The term of appeal is 15 days and flows from the communication of the judgment. ((. The appeal shall be adjudicated with the summoning of the authorized person of the sectoral committee within 45 days. The appellate court shall render the decision and return the file to the tribunal within 5 days of the ruling. Article 4 ^ 5. -(1) The Tribunal shall hold a special register, in which it shall be entered: the name and seat of the sectoral committee, the date of registration, and the number and date of the final and irrevocable court decision of admission of the application for registration. ((2) Registration in the special register provided in par. ((1) shall be made ex officio, within 7 days from the date of final and irrevocable stay of the court decision. Art. 4 ^ 6. -The sectoral committee acquires legal personality from the date of registration in the special register provided for in art. 4 ^ 5 of the final and irrevocable court order of admission of the application. Article 4 ^ 7. -The original of the minutes of constitution and of the statutes, which the tribunal certifies the registration, together with one copy of the other documents submitted, shall be returned to the sectoral committee and the second copy of all the acts provided for in art. 4 ^ 2 para. (4), in copies certified by the person empowered and concerned by the court, shall be kept in its archive. Art. 4 ^ 8. -(1) The sectoral committee shall be obliged to bring to the attention of the tribunal where there has been, within 30 days, any subsequent amendment of the statute, as well as any change in the composition of the management body. (2) For the approval of the amendment of the statute, the provisions of art. 4 ^ 2-4 ^ 7. (3) The Tribunal shall mention in the special register provided in art. 4 ^ 5 changes in the status, as well as changes in the composition of the management body of the sectoral committee. Article 4 ^ 9. -The court action in order to acquire the legal personality by the sectoral committees, as well as the subsequent acts are exempt from the judicial stamp duty. Art. 4 ^ 10. -Any other employers ' federation or any branch-level representative trade union, established under the law, which expresses its wish to do so, may become a member of the right of the sectoral committee already established, to the extent which provides proof of the representativeness valid in the branch in which the committee is set up and for which it requests the The same right benefits the non-representative trade union/employers ' federations, provided that the status and provisions of art. 4 ^ 2 para. ((2). Art. 4 ^ 11. -The main tasks of the sectoral committees are: a) participate in the development of national and sectoral strategies in the field of training b) participate in the development of the normative framework on skills training, evaluation and certification; c) support the promotion of the skills training and evaluation system; d) participate in the development and updating, under the coordination of the National Council for the Professional Training of Adults, of the qualifications related to the sectors to which they belong; e) validate qualifications and standards associated with qualifications, with the exception of those acquired through higher education; f) recommends specialists on occupational fields for the realization of occupational analysis, for the definition of skills and qualifications and for the elaboration and validation of occupational standards, for the verification and validation of standards of professional training, as well as for evaluation and certification on the basis of standards and endorses the work carried out by them; g) encourages and stimulates the participation of organizations and individuals in continuing vocational training and vocational and technical education; h) collaborate, in order to achieve their object of activity, with ministries and other specialized bodies of the central public administration, with autonomous administrative authorities, with national and international non-governmental organizations, with vocational training providers and other public institutions; i) provide the social partners with consultancy in the field of employment and vocational training; j) carry out occupational analyses and studies on labour demand for the represented branch; k) provide advisory opinion to applicants in order to update the Classification of Occupations in Romania; l) propose to the vocational training providers the qualifications and competences associated with them, as well as to match the qualifications with the occupations that can be practiced; m) establish by its own status other activities in the interest of the branch of activity they represent. Article 4 ^ 12. -The financing of sectoral committees shall ensure: a) from the state budget, to cover the expenses related to the functioning of the technical secretariat, from the budget of the Ministry of Labour, Family and Social Protection, through the budget of the National Council for Professional Training of Adults, which becomes the authorising officer of the budget, as a financing authority following the signing of a financing contract; the number of posts related to the technical secretariats of the sectoral committees shall be two persons; b) of income realized through the provision of services for the validation of occupational standards and associated qualifications, activities financed by the Ministry of Labour, Family and Social Protection, on the basis of tariffs established by the National Council of Adult Vocational Training; c) of incomes realized through the provision of validation services of qualifications and standards of professional training, activities financed by the Ministry of Education, Research and Innovation, on the basis of tariffs established by the National Training Council Adult Professional; d) of own income that can be constituted by the income made by the benefits made to third parties; e) of other income through programs; f) from donations and/or sponsorships. Art. 4 ^ 13. -The status of public utility gives the sectoral committees the following rights and obligations: a) the right to be assigned to free use public property; b) the right to mention in all the documents they draw up the quality of public utility; c) the obligation to submit to the National Council for Vocational Training of Adults the activity reports and the annual financial statements; d) the obligation to communicate, in extract, to the Ministry of Justice and Citizen Freedoms, within 3 months from the end of the calendar year, copies of the activity reports and of the annual financial statements, accompanied by the proof issued by The Autonomous Direction "Official Gazette" for the request of their publication and in the Official Gazette of Romania, Part IV; e) the obligation to register in the accounting records of the sectoral committees, separately, the goods purchased or built from public money. In the event of the dissolution of a sectoral committee, the goods from budgetary resources and left after the liquidation will be distributed, by Government decision, to other sectoral committees or to public institutions with the same object of activity. " 2. In Article 12, paragraph 2 shall be amended and shall read as follows: "(2) The technical secretariat shall be headed by a general manager, appointed by the chairman of the National Council for Professional Training of Adults on the basis of a competition organized under the law, which also has the status of authorising officer of the budget." " 4. Article 4 is amended and shall read as follows: "" Art. 4. --(1) The structures which, on the date of entry into force of this emergency ordinance, are organized as sectoral committees, with or without legal personality, or have in the name the phrase "sectoral committee" may become institutions of social dialogue of public utility, with legal personality, organized under this emergency ordinance, if they file in court, within 120 days from the date of entry into force of the law approving this emergency ordinance, the necessary documentation obtaining legal personality, provided for in art. 4 ^ 2 para. ((4) of Law no. 132/1999 , republished, with subsequent amendments and completions, including those brought by this emergency ordinance. (2) The sectoral committees constituted prior to the entry into force of this emergency ordinance, which become institutions of social dialogue of public utility, with legal personality, organized on the basis of this emergency ordinance, take over the law all activities initiated by them before the date of entry into force of this emergency ordinance, taking full account of their assets and liabilities. (3) Within the period provided in par. (1) no applications may be submitted for the establishment of sectoral committees as social dialogue institutions of public utility, with legal personality, organized on the basis of this emergency ordinance, except in the situations provided in par. ((1). ((4) In the case of sectoral committees organised under the provisions of Government Ordinance no. 26/2000 on associations and foundations, approved with amendments and additions by Law no. 246/2005 , as amended, which shall not be organized, in order to continue their activity, as institutions of social dialogue of public utility, with legal personality, according to the provisions of this emergency ordinance, the goods from public funds will be distributed by Government decision. " 5. Article 5 is amended and shall read as follows: "" Art. 5. -The functioning of legal persons of private law who have in their name the phrase "sectoral committee" or other similar phrases, under conditions other than those provided for by this emergency ordinance, constitutes a crime and is sanctioned with fine in the amount of 5,000 lei and dissolution of the legal person. " 6. Article 6 is amended and shall read as follows: "" Art. 6. -Within 60 days from the date of entry into force of the law approving this emergency ordinance, the Ministry of Labour, Family and Social Protection and the Ministry of Education, Research and Innovation will approve by joint order of the Minister work, family and social protection and the Minister of Education, Research and Innovation amending the Order of the Minister of Labour, Family and Equal Opportunities and the Minister of Education, Research and Youth No. 307 / 4.275/2005 for approval Regulation of the organization and functioning of the National Council for the Professional Training of Adults, as amended. " 7. Article 7 is amended and shall read as follows: " Article 7. --Law no. 132/1999 on the establishment, organization and functioning of the National Council for Professional Training of Adults, republished, with subsequent amendments and completions, as well as with the amendments and completions made by this emergency ordinance, will be republished in the Official Gazette of Romania, Part I, after its approval by law, giving the texts a new numbering. " This law was adopted by the Romanian Parliament, in compliance with the provisions art. 75 and ale art. 76 76 para. (2) of the Romanian Constitution, republished . CHAMBER OF DEPUTIES PRESIDENT ROBERTA ALMA ANASTASE p. SENATE PRESIDENT, ALEXANDER PERES Bucharest, July 7, 2009. No. 268. --------------