Theme: Executive Meeting from 08.03.2006
The Executive has decided the simplification of the formalities necessary for the certification of the subscription stages achieved in the unemployment insurance system and the setting out of the right to unemployment benefit, through the approval of a Government Decision.
The new regulations set out that the employment agencies will be in charge to the verification and certification of the papers released by employers on the basis of monthly statements on the nominal record of insured and payment obligations to the unemployment insurance budget, submitted by employers and the data registered in the employment record. According to case, the verification and certification of these documents can be made on the basis of the data registered in the employment record for the subscription stages achieved prior to the March 1st 2002 and other documents stipulated by law.
According to effective legislation, the certificate released by the employers to the persons whose work or service relations cease, are given sanction by the territorial work inspectorates.
Other novelty of the legal document aims at the content of the certificate released by employers. These documents will have to contain the following information surplus to that mentioned by the effective legislative provisions:
? The monthly assessment base for each of the latest 12 months before the date when the labor or service relations for which the individual contribution to unemployment budget insurance was retained and transferred, cease;
? The periods when the activity was performed; for which the labor or service relations were suspended, as well as the date and the reason of their cessation;
Also, the legal document adopted by the Government preserves the legal provisions which set out that with the view of certifying the subscription stages, the employers are bound to release to the persons whose labor relations cease, a certificate which should mention:
? If there are debits at the unemployment insurance budget;
? The period for which the contributions to the unemployment insurance budget were not paid and the sum related to this period;
? If there are to be found in one of the situations stipulated at Article 34, paragraph (2) of law. ( There are also considered as subscription stage the periods when the employer did not pay the contribution to the unemployment insurance budget and is in specific performance procedure, judicial reorganization, bankruptcy, operational closure, dissolution, winding up, special administration or it did not pay its contributions due to some urgent situations).
The legal document amends and completes the methodological Norms for the enforcement of Law no.76/ 2002 on the system of unemployment insurance and stimulation of work force, approved through Government Decision no. 174/ 2002. The Government Decision initiated and promoted by the Ministry of Labor, Social Solidarity and Family has fulfilled the procedure established by the Law on the decisional transparency in public administration.
According to effective legislation, the certificate released by the employers to the persons whose work or service relations cease, are given sanction by the territorial work inspectorates.
Other novelty of the legal document aims at the content of the certificate released by employers. These documents will have to contain the following information surplus to that mentioned by the effective legislative provisions:
? The monthly assessment base for each of the latest 12 months before the date when the labor or service relations for which the individual contribution to unemployment budget insurance was retained and transferred, cease;
? The periods when the activity was performed; for which the labor or service relations were suspended, as well as the date and the reason of their cessation;
Also, the legal document adopted by the Government preserves the legal provisions which set out that with the view of certifying the subscription stages, the employers are bound to release to the persons whose labor relations cease, a certificate which should mention:
? If there are debits at the unemployment insurance budget;
? The period for which the contributions to the unemployment insurance budget were not paid and the sum related to this period;
? If there are to be found in one of the situations stipulated at Article 34, paragraph (2) of law. ( There are also considered as subscription stage the periods when the employer did not pay the contribution to the unemployment insurance budget and is in specific performance procedure, judicial reorganization, bankruptcy, operational closure, dissolution, winding up, special administration or it did not pay its contributions due to some urgent situations).
The legal document amends and completes the methodological Norms for the enforcement of Law no.76/ 2002 on the system of unemployment insurance and stimulation of work force, approved through Government Decision no. 174/ 2002. The Government Decision initiated and promoted by the Ministry of Labor, Social Solidarity and Family has fulfilled the procedure established by the Law on the decisional transparency in public administration.
