Passive measure of social protection of the insured unemployed persons
(art.29 of the Law concerning the employment and the social protection of the job-seekers nr. 102-XV from 13 March 2003 with further modifications and supplements )
Obligatory conditions
in order for the unemployed person to receive the unemployment benefit
The solicitant must
• be an unemployed person according to the art.2 of the Law;
• be attributed to the category of the beneficiary of the unemployment benefit;
• be registered at the territorial agency of his place of residence;
• have worked and have a period of payment of dues to the state budget of social insurances of at least 6 months from last 24 calendar months before the registration date;
• not have taxable incomes according to the law.
Status of unemployed person
An unemployed person is considered a person, which fulfills the following conditions:
a) has the age between 16 years and the pension age, stipulated by law;
b) is able, according to the health situation and physical and mental capacities, to work;
c) does not have a job and is not making any activity in order to obtain incomes;
d) is looking actively for a job and may start working;
e) does not study at any institution with daily attendance;
f) is registered at the territorial employment agency of his place of residence.
Categories of the beneficiaries and the size of the unemployment benefit
The unemployment benefit is established in dependence of the circumstances of stopping of work activity of the person: |
Nr. article (according to L.C.) |
Size of the unemployment benefit in % of the medium salary in economy (2748 lei for 2009) |
a) Death of the employer physical person, announcement by the court of his death or disappearance |
82 (b) |
50 %- 1374 . 0 lei |
b) withdrawal by the competent authorities of the activity license of the enterprise |
82 (d) |
40%- 1099.2 lei |
c) Expiration of the term of the individual contract for undetermined duration – from the date, stipulated in the contract, with the exception of the cases, when the work relations continue and the parts did not ask for its stopping |
82 (f) |
40% |
d) Finishing of the work, stipulated by the individual contract, signed for the period of accomplishing of specific work |
82 (g) |
40% |
e) Finishing of the season, in case of individual contract for the accomplishing of the season works |
82 (h) |
40% |
f) Force major, confirmed in a due way, which excludes the continuation of the working relations |
82 (i) |
40% |
g) Liquidation of the enterprise or finishing of the activity of the employer physical person |
86 ( b) |
50% |
h) Reduction of the number of the personnel |
86 (c) |
50% |
i) Statement of the fact that the employee does not correspond to the function because of the health condition, according to the medical certificate |
86 (d) |
40% |
j) Statement of the fact that the employee does not correspond to the function because of insufficient qualification, confirmed by the decision of the commission |
86 (e) |
40% |
k) Changing of the owner of the enterprise (concerning the head of enterprise, his deputies, of the chief -accountant ) |
86 (f) |
40% |
l) Restitution at the work place, according to the juridical decision, of the person, which fulfilled in the past the respective work, if the removal or transfer of the employee to another job is not possible |
86 ( t) |
40% |
m) Refusal of the employee to be transferred to another job for health reasons, according to the medical certificate |
86 (x) |
40% |
n) Refusal of the employee to be transferred to another locality in connection with the transfer of the enterprise in this locality |
86 (y) |
40% |
o) The persons have resigned, looked actively for a job, were registered at the agency as unemployed persons at least 3 months and because of the lack of corresponding jobs, they could not be employed |
85 |
30%- 824. 4 lei |
p) The persons stopped working, refusing the license for the business activity or on the bases of the patent |
|
30% |
q) The persons stopped working abroad in conditions of previous signing of an individual contract of the state social insurances |
|
30% |
The period of payment of the unemployment benefit
is stipulated in dependence of the period of dues payment :
Period of dues payment |
The size of the allowance and the duration of its receiving |
Until 5 years, but no less than 6 months |
Period of payment 6 calendar months |
from 5 till 10 years |
Period of payment 9 calendar months |
More than 10 years |
Period of payment 12 calendar months |
The date of the beginning of the payment of the unemployment benefit The unemployed persons benefit of the unemployment benefit beginning with the eighth day from the day of registration of the request for a job at the agency, if this right is confirmed by a document,
with exception:
1) persons dismissed in the result of the liquidation of the enterprise or the reduction of the personnel at the enterprise, which benefit from the unemployment benefit in the same conditions but not earlier than the expiration: of three calendar months from the date of the dismissal ;
2) dismissed persons, which benefit from the unemployment benefit not earlier than the expiration: of three calendar months from the date of registration of the request at the agency .
The suspension of the payment of the unemployment benefit takes place:
a) at the first day of the month, next to the month, when was not fulfilled the obligation, stipulated in art.17, point (4) of the Law;
b) during the period of the fulfillment of the military service;
c) during the period of the participation at the public works;
d) during the period of the illness vacation;
e) during the period of arrest.
The obligations of the beneficiaries of the unemployment benefit
The beneficiaries of the unemployment benefit have the following obligations:
a) to undertake the measures by them-selves in order to be quickly employed;
b) to participate actively at the employment services, offered by the agency;
c) to inform, in terms of 3 days, the agencies, where they are registered, about any modification of the conditions, which conducted to the stipulation of the rights of the beneficiary;
d) to participate and to be present obligatory at the mediation services twice per month for the
unemployed persons, which have the place of residence in the territorial radius of the agency until 10 km, in other cases – once per month, as well as at the request of the agency.
Restitution of the payment of the unemployment benefit.
The payment of the unemployment benefit can be restituted after the suspension.
According to the legislation in force, in case of the suspension of the payment in the conditions of art.38 point (1) lit., at the first day of the month, next to the month, when was not fulfilled the obligation, foreseen in art. 17 point (4), the restitution of the payment is done at the request, but not later than 60 calendar days from the date of the suspension.
The period of suspension of the payment of the unemployment benefit, stipulated in art.38 point (1) letter a) is a part of the period of the granting of the unemployment benefit.
The suspension of the payment of the unemployment benefit, stipulated in art.38 point (1) letter a), is restituted from the day of the registration of the request of the beneficiary on the bases of the order of the agency.
According to the stipulations of the legislation in force, in case of the suspension of the payment in conditions of art.38 point (1) letter
a) during the period of the fulfillment of the military service;
b) during the period of the arrest;
c) during the period of the illness vacation;
d) during the participation in the public works,
the restitution of the payment of the unemployment benefit is effectuated on the request of the beneficiary, but not later than 30 calendar days from the date, when was solved the situation, which conducted to the suspension.
In case when the unemployed person is coming to the agency no later than 30 calendar days, the payment is restituted the next day after the end of the situation, which conducted to the suspension.
The cancellation of the suspension of the payment of the unemployment benefit
According to the stipulations of the Law the suspension of the payment of the unemployment benefit can be cancelled.
The decision regarding the suspension of the payment of the unemployment benefit, foreseen in art.38 point (1) letter a) at the first day of the month, next to the month when was not fulfilled the obligation (art. 17 point (4)) from the Law, is cancelled in case when the beneficiary presents the explicative documents, that the obligation was not fulfilled for justified reasons.
The reasons of the beneficiary are considered as justified in following situations:
a) the birth of the child;
b) the marriage;
c) the death of the relatives including the II grade;
d) force - majeure;
e) illness;
f) arrest.
The beneficiary must present the explicative documents in terms of 30 days from the date, when was not fulfilled the obligation, stipulated in point (4) art. 17 from the Law.
The termination of the payment of unemployment benefit
The termination of the payment of the unemployment benefit for the beneficiaries occurs in the following situations:
a) at the expiration of the period stipulated by law for its granting;
b) at the date of the employment of the beneficiary;
c) at the date of the authorization of the beneficiary for the business activity;
d) at the date of unreasonable refuse to be employed on the corresponding job, offered by the Agency;
e) at the unreasonable refuse to participate at the services of employment stimulation, offered by the Agency or at the date of their interruption;
f) at the date of the departure of the beneficiary abroad;
g) at the date of the entering into force of the sentence;
h) at the date of the beginning of the maternity leave;
i) at the expiration of the terms stipulated in the points (2) and (3) of the art.39 from the law;
j) in case of obtaining or trying to obtain the unemployment benefit by fraud;
k) in case of death of the beneficiary.
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