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Name of Resource

Methodological norms regarding mediation of employment, recruitment agency and protection of the Romanian citizens working abroad

Type

Legislation

Country / jurisdiction

Romania

Enacting authority

Government of Romania

Entry into force / date of approval

Government decision 384 / 24 April 2011, subsequently amended and supplemented

Description

The regulations set up the conditions in which the Labour Inspectorate must have regard when register the activity of mediating the employment of Romanian citizens abroad.

In this respect, the legal representative is obliged to provide, among others, documents or declaration on own responsibility stating that he was not definitively convicted of an offense against the person's liberty, trafficking and exploitation of vulnerable persons or deceptive, provided by the Criminal Code.

Availability

RON: http://legislatie.just.ro/Public/DetaliiDocument/28049

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Name of Resource

Labour Code, Law 53

Type

Legislation

Country / jurisdiction

Romania

Enacting authority

Government of Romania

Entry into force / date of approval

Republished 18 May 2011, amended 2018

Description

Article 265 paragraph 2 of the Romanian Labour Code foresees imprisonment for three months to two years or a fine for accepting at work of a person who is staying illegally in Romania, knowing that she/he is a victim of human trafficking. If the labour can endanger victims’ physical integrity or health, the penalty is six months to three years imprisonment. The court may also apply one or more complementary penalties such as: temporary or permanent closure, total or partial loss of the right of the employer to benefits, aid, or public subventions, denial of the right to public procurement etc.

Availability

RON: http://legislatie.just.ro/Public/DetaliiDocumentAfis/216297

.

Name of Resource

Law on Public Procurement, No. 98

Type

Legislation

Country / jurisdiction

Romania

Enacting authority

Government of Romania

Entry into force / date of approval

23 May 2016, amended 2018

Description

Article 164 of the Romanian Law on Public Procurement No. 98 foresees that an economic operator must be disqualified from the procurement procedure if there is a conviction rendered by a final court decision for the offence of trafficking in persons and exploitation of vulnerable persons. Likewise, in the standard tender documents, used by the contracting authorities in conducting their procurement procedures, there is a standard form “Statement regarding the non-compliance with the provisions of art. 164", to be completed and signed by participating economic operators.

Availability

RON: http://legislatie.just.ro/Public/DetaliiDocument/178667

.

Name of Resource

National strategy for combating human trafficking 2018 – 2022 and Action Plan 2018 – 2020, Government Decision no. 861

Type

Policy/Legislation

Country / jurisdiction

Romania

Enacting authority

Government of Romania / National Agency against Trafficking in Persons

Entry into force / date of approval

31 October 2018

Description

Besides its role to set up priorities and objectives aiming to reduce the impact and the dimensions of trafficking in persons at national, the Strategy establishes the Implementation Monitoring Committee, consisting of decision-makers at the level of institutions involved (Secretary of State, General Inspector, Director) and coordinated by a State Secretary within the Ministry of Internal Affairs. The Secretariat of the Committee is provided by ANITP.

Therefore, this inter-ministerial committee will be the central point in coordinating public action against trafficking in persons, including immediate measure in the field of supply chain.

Availability

RON: http://legislatie.just.ro/Public/DetaliiDocument/206645

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