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Monitoring Labour Market Reforms II VS/2006/0573 3 rd WORKSHOP. “Benchmarking employment services for the relocation of dismissed workers”. PRE-DISMISSAL SERVICES. REGULATING DOCUMENTS :
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Monitoring Labour Market Reforms IIVS/2006/05733rd WORKSHOP “Benchmarking employment services for the relocation of dismissed workers”
PRE-DISMISSAL SERVICES REGULATING DOCUMENTS : • Law 76/2002, regarding unemployment allowance system and the labour force occupation stimulation , amended and completed by Law 107/2004; • Government Resolution 174/2002, regarding Methodological Application Norms of Law 76/2002, amended and completed by Government Resolution 934/2004; • Government Resolution 278/2002, regarding access to unemployment prevention measures, financing means and implementation instructions.
WHAT IS THE PURPOSED OF PRE-DISMISSAL SERVICES? Diminishing of the harmful social effect of restructuring the activity of companies by prevention and reduction of the unemployment period of persons affected by this process, as well as of persons facing unemployment risk.
WHAT ARE PRE-DISMISSAL SERVICES? Pre-dismissal services are a sum of measures to prevent unemployment, granted (during the pre-notification) to persons awaiting dismissals, for their reintegration on the labour market.
WHOM ARE THESE SERVICES GRANTED TO? • The pre-dismissal services are granted according to the law, to persons who are awaiting dismissal in case of activity restructuring which triggers dramatic changes of the headcount and of the professional structure of the personnel and also, upon request, to any person who is clearly under the risk of unemployment.
WHAT DO WE MEAN BY "dramatic changes of the headcount and of the professional structure of the personnel”? • Dismissal of a number of persons as follows: - At least 5 employers if the employer who makes the dismissal has more than 20 employees and less than 100 ; • At least 10% of the employees, if the employer who makes the dismissal has at least 100 of employees but less than 300; • At least 30 employees, if the employer who makes the dismissal has at least 300 employees.
WHAT IS THE OBLIGATION OF THE EMPLOYER? • The employer is to notify the agency at least 45 calendar days prior to the issue of the dismissal decision. • The pre-notification is given to employees who will be dismissed according to the labour code or to the individual/ collective labour contract
WHO RENDERS PRE-DISMISSAL SERVICES? • AJOFM (County Agency for Labour Force Occupation) • Authorized external occupational service rendering suppliers, with which agreements are signed according to the provisions of the law.
WHAT ARE PRE-DISMISSAL SERVICES? • Information on the legal provisions referring to the unemployed persons protection and granting occupation and professional training services; • Placement on unemployed persons on vacant positions existent locally and training unemployed persons on searching for a work place; • Professional reorientation within the unit or through short professional training courses; • employees surveying and counselling offered to them regarding unemployment fighting measures.
WHERE ARE THESE SERVICES RENDERED ? Usually they are provided at the company’s headquarters or in other locations placed at the disposal of the supplier by the company which makes the dismissal.
WHAT IS THE MODUS OPERANDI IN RENDERING SUCH SERVICES? • The Agency’s specialists gather information regarding future dismissals; • subsequent to information gathering , they the agency’s specialists analyse all gathered data regarding the respective company, they inform the management of the agency and all information is verified; • if the dismissal intention is confirmed, the agency establishes a meeting with the company’s management as well as with the trade unions or with the employees’ representatives in order to establish the number and the structure of the dismissals in order to identify the most effective types of services to be rendered; • the services delivery method is established, as well as their time plan and location, as well as the number of persons included in a group of services beneficiaries;