Law no. 156 from 26th of July 2000

26/07/2000

Law regarding the protection of the Romanian citizens that work abroad

The law no. 156 from 26th July 2000 contains 4 different chapters: chapter 1. – General dispositions, Chapter 2. – Recruitment and Employment Agencies, Chapter 3. – Contravention, Chapter 4. – Final dispositions. The protection conditions of the Romanian citizens that work abroad are established by the Romanian Government, through the competent authorities. They have the responsibility to prescribe the necessary delegation for the concluded treaties, agreements or conventions with similar authorities from abroad. These specific agreements are based on the principal of equal treatment and the application of the clauses foreseen by the Romanian, International or Foreign Legislation. Through these agreements are established: the minimum level of the wage, the work and rest period and the assurance for work accidents or other professional diseases. In addition to this, the law provides the legal status for the Recruitment and Employment Agencies. These Recruitment and Employment Agencies are authorized by the Ministry of Social protection and Work and have the obligation to provide the protection of the Romanian citizens that work abroad through assuring the confidential of the personal data of the foreign job places solicitants, mediating the abroad engagement of the Romanian citizens only on the bases of a deal contract with the employer. The present law contents information about the conditions that any foreign engagement offer has to fulfill (deployment, rehiring and lay-off conditions, the nature and the deployment period, the professional category, timetable, wage, weightings, the cases in which one can follow the rights of the employer, working contract, security and protection measures, the possibility to transfer the wage of the employer to the family member from Romania, the accommodation conditions, the conditions for covering the travel expenses of the employer and his family members from Romania to the country in which he or she works, compensation conditions in cases of work accidents).

In 2002 the present law was modified through the Decree no. 43 from 25 July. The modifications ware made for the second chapter. This new chapter offers more information about the security regarding the information process of the personal data. In addition to this, the decree establishes the legal conditions that all the agencies must fulfill in order to function. The Work inspection becomes the entity responsible with the control of the agencies and the work contracts for the Romanian citizens that work abroad provides a new clause –medial insurance for the Romanian workers, similar with the medical insurance of the citizens of the country where the Romanians work.

The present law refers at the minimal conditions required by the Romanian state in order to ensure the safety and security of the Romanian immigrants. The reality is that a lot of Romanians tend to ignore this safety conditions require by the state and accept a foreign engagement offer that doesn’t fulfill the above mentioned.

Published in the official Monitor no. 364/4th August
The present law was adopted by the Senate in the meeting that took place in the 29th June 2000, by keeping to the article 74, alignment (2) of the Romania constitution.

Web source: http://www.cd

Victoria Captari

APOWER

Researcher