Difficulties In The Process Of Returning The Employment Market After The End Of The Child-Raising Leave

Author:Ana Vidat
Associate professor Ana VIDAT1
Child-raising leave is a right conferred by applicable law; however, in many cases, exercising this right can
lead to a career break, in the vocational training, in the p rocess of reintegrating into the group the employee who
returns to work at the end of 2/3 years.
Keywords: individual employment con tract; child-raising leave; vocational training; the named clauses; labor
JEL Clasification: K31
1. Introductory issues
A) Persons who, during the last 2 years prior to the date of birth of the child, have achieved
for at least 12 months incomes (from salaries and assimilated to salaries, incomes from independent
activities, incomes from intellectual property rights, incomes from agricultural activities, forestry
and fish farming), subject to income tax according to the provisions of the Fiscal Code, they benefit
from leave for raising the child up to 2 years, respectively 3 years, in the case of the child with a
disability, as well as a monthly allowance2 (in accordance with the provisions of art. 2 para. 1 of the
Government Emergency Ordinance (O.U.G.) no. 111/2010 on leave and monthly allowance for
raising children3).
Persons who, during the period in which they are entitled to benefit from the child -raising
leave, obtain income subject to income tax are entitled to an incentive for insertion4 in a monthly
amount of 50% from the minimum amount of the allowance established in art. 2 para. 2 of the
O.U.G. no. 111/2010.
In the case of persons who benefit from the monthly allowance and request the right to the
insertion incentive, the payment of this allowance is suspended.
The monthly allowance and the insertion incentive benefit (according to art. 8 paragraphs 1
and 2 of the O.U.G. no. 111/2010): any of the child's natural parents, if he fulfills the conditions of
granting provided the applicable legal regulations; one of the persons who adopted the child, to
whom the child was entrusted for the adoption or who has the child in placement or emergency
placement, except the professional maternal assistant who can benefit from these rights only for his
children, as well as the person who she was named guardian.
B) The leave and the monthly allowance as well as the insertion incentive are appropriate
for each of the births or, as the case may be, for each of the situations provided for in art. 8 para. 2
of the O.U.G. no. 111/2010.
The duration of the child-raising leave shall be extended in the case of overlapping two or
more situations which may generate this right; in this case, only one allowance is granted, in the
amount provided by the legal depositions (according to art. 9 paragraphs 2 and 3 of O.U.G. no.
1 Ana Vidat - Law Department, the Bucharest University of Economic Studies, Bucharest, Romania; lawyer, member of the
Bucharest Bar Association; ana.vidat@yahoo.com.
2 The amount of the monthly allowance is 85% of the average of the net income realized in the last 12 months of the last 2 years
before the date of the child's birth. The minimum amount of the monthly allowance may not be less than the sum resulting from
applying a multipli cation coefficient of 2.5 to the value of the reference social indicator, and its maximum amount may not exceed
the value of 8,500 lei (art. 2 para. 2 of O.U.G. no. 111/2010).
3 Published in the Official Gazette of Romania, Part I, no. 830 of 10 December 2010.
4 For persons who obtain income subject to income tax at least 60 days before the child reaches the age of 2 years, respectively 3
years, in the case of the disabled child, the insertion incentive is granted as follows: a) until the fulfillment of to the child of the age
of 3 years; b) until the child reaches the age of 4 years, in the case of the child with a disability, without benefiting in this period from
the provisions of art. 31 para. 1 and 2 (art. 7 para. 2 of the O.U.G. no. 111/2010).

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