Jurnalul de studii juridice supliment 4-2012 - Editura Lumen

JURNALUL DE STUDII JURIDICEAlthough, mediation in work for the foreign citizen is optional(the same as for the European citizen), it has to be requested after themediation of a Romanian citizen, of another state member of E.U., of amember state of E.E.S, or a permanent resident on the Romanianterritory.The benefit of employing E.U. and non-E.U. citizens asunemployedWe have made reference to the previous point to the fact that theemployers may choose to employ in Romania E.U. and non-E.U. citizensregistered with the agency for the occupancy of labor force.The benefit from such employment is not at all to be neglectedunder the actual economic crisis from the perspective of funding of jobsaccording to Law no. 76/2002 regarding the unemployment insurancessystem and stimulation of the occupancy of labor force, as, compliant toit, the foreigner for whom such a facility is granted can be the E.U. citizenas well as the non-E.U. citizen, registered under the records of the agency,as an unemployed (A. Ştefănescu (2012) Subvenţionarea locurilor de muncăpentru cetăţenii U.E. şi non – U.E. în România).In order to be registered in such a record, they must registerthemselves in order to obtain a job; such a registration is only possibleonly if they have been previously employed or if they have obtainedincomes in Romania, according to the law 42 .“Such a registration condition differentiate the E.U. and non-E.U.citizens from the Romanian citizens, without considering such a conditiona discriminatory one. However, the same as the Romanian citizens, theyhave to be minimum 16 years old, not to meet the retirement conditions,to be able to work, not to have a job, not to obtain incomes or to obtainincomes from authorized activities according to the law, incomes smallerthan the value of the reference social indicator of the unemploymentinsurances and stimulation of the occupancy of labor force 43 , to beavailable to start working in the period immediately after the registration. 44Although, the funding of jobs is a form of stimulating theemployers to employ the unemployed- equally Romanians, E.U. and non-E.U. citizens – both persons receiving allowances (beneficiaries of42 See art. 16 letter e and art. 5 point IV 1 of Law no. 76/2002.43 The value of the social indicator of reference is, according to art. 33 1 of Law no.76/2002, of 500 lei.44 See art. 5 point IV of Law no. 76/2002.182Copyright Jurnalul de Studii Juridice, Editura Lumen