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Refusal to work annuls entitlement to social assistance – bill voted in Chamber of Deputies

de Mariana Bechir , 25.6.2018

Deputies adopted a draft law on Wednesday whereby entitlement to social assistance ceases when a job is refused. The decision, Agerpres announced, was taken with 274 votes in favour, 4 against and 2 abstentions.

The Chamber of Deputies is a decision-making chamber for this bill, initiated by four ALDE parliamentarians.

Refusing a job offer or to attend services aimed at stimulating the employment and professional training provided by territorial employment agencies attracts the termination of the right to social assistance“, provides for the initiative to amend and complete the Law no. 416/2001 on the minimum guaranteed income.

The draft also provides that, in the event of losing the social assistance right, the family or the individual may apply for a new right after a period of 12 months from the date of the decision of this right termination.

The legislative initiative stipulates that, for the amounts granted as social assistance, one or more full aged persons capable of working, in relation to the social assistance amount paid within the beneficiary family, have the obligation to perform on a monthly basis, at the mayor’s request, actions or works of local interest, without exceeding the normal work regime and in compliance with the safety and hygiene work standards.

If the person nominated to perform the actions or works of local interest is temporarily incapacitated, totally or partially lost his or her work capacity, the obligation to perform the actions or works of local interest (…) shall be transferred to the others people able to work from the family, with the mayor’s approval“, the draft also shows.

If, following a check, it is found that the family or the individual has earned an income from other sources which have not been declared by the beneficiary, the right to social assistance is terminated.

The legislative initiative also provides for mayors’ obligations to capitalize on the local workforce.

They have the obligation to prepare the plan of seasonal activities based on the requests received from legal entities, self-employed persons, individual enterprises or family enterprises that need workforce and operate within the administrative-territorial unit.

The action plan is approved by mayor’s order; it is displayed at the city hall’s headquarters and includes the seasonal activities, the beneficiaries of the works, as well as the distribution of the persons from families receiving social assistance for the seasonal activities.

According to the draft, it is a contravention and is sanctioned by a fine of 1,000 to 5,000 lei the mayor’s failure to fulfil these obligations.

The draft provides that the distribution of seasonal activities is made by the mayor, after social assistance beneficiaries have covered the working hours set, and the action plan is sent to the territorial agencies in the month following the approval.

The situation in which persons from families receiving social assistance, capable to work, refuse twice to carry out seasonal activities, leads to this right termination. There is an exception for (…) persons who have accepted a job offered or attend the services aimed at stimulating the employment and professional training offered by the territorial employment agencies, after the list was approved“, the legislative initiative also provides.

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