A/HRC/14/30/Add.2
reside freely within the territory of the member States and its guidelines of transposition, as
the authorities explained to the Special Rapporteur.
59.
The domestic legal framework applicable to migrant workers in Romania includes
five major legal instruments: the Labour Code (Law No. 53 of 2003); regulations on
employment and posting of foreigners in the territory of Romania (Emergency Ordinance
No. 56/20 of 2007); regulations on the regime applicable to foreigners in Romania
(Emergency Ordinance No. 194/12 of 2002); the public system of pensions and other social
security rights (Law No. 19/17 of 2000); and provisions on the recognition of foreign
diplomas and vocational qualifications (Law No. 200 of 2004).
60.
Social protection benefits in the case of unemployment cover third-country
nationals, including stateless persons. Unemployment benefits are monthly payments,
determined according to the length of contributions to the unemployment insurance system
at the time of employment. These benefits amount to a maximum of 12 months when
contributions to the employment system have been higher than 10 years.
61.
Seasonal work is regulated by Emergency Ordinance No. 56 of 2007. A seasonal
worker is a person working in Romania for a limited period of time, at most 6 months
within a 12-month interval, under an individual labour contract in a seasonal sector.
Seasonal workers require a work authorization issued by the Romanian Immigration Office
at the request of the employer, which cannot be prolonged for the pursuit of another type of
work.
62.
Romanian legislation allows immigration for family reunification. Aliens holding a
valid residence permit may request family reunification, inter alia, with the spouse;
dependent children and dependent relatives of the sponsor or his/her spouse of first-degree
kinship in the ascending line, in cases where they are unable to look after themselves. The
visa is generally issued for a period of 90 days. Residence permits can be extended for the
duration of the sponsor’s permit or, up to five years for family members of a Romanian
citizen.
4.
Counter-trafficking in persons and the protection of victims
63.
Human trafficking is a criminal offence punishable with imprisonment between 3
and 12 years in cases involving adults and between 5 and 15 years, in cases involving
children. These penalties may be increased up to three years, if the trafficker belongs to a
group of organized crime and, by five years, if coercion is applied against children.20
64.
NAATP is the specialized structure in charge of monitoring and reporting cases of
trafficking in persons as well as promoting assistance to and protection of victims. It refers
victims, through the 15 regional centres, to specialized structures which provide assistance
services such as the National Authority for the Protection of Children’s Rights. The agency
also coordinates victim/witness cooperation with law enforcement agencies and victims’
access to social services. NAATP operates under the authority of the Inspectorate of the
Romanian Police within the Ministry of Administration and Interior.
65.
Activities related to the fight against trafficking in persons are coordinated by the
Ministry of Administration and Interior through the General Directorate on Combating
Organized Crime, as part of an inter-ministerial working group pursuant to Government
Directive No. 299 of 2003. Activities for the prevention of human trafficking and the
protection of and assistance to victims of trafficking are coordinated by NAATP through an
20
GE.10-12102
Changes have been introduced by new provisions in the Criminal code (Law No. 286 of 2009), as
follows: 3–10 years’ imprisonment for the crime of human trafficking (art. 210) and 5–12 years’
imprisonment for human trafficking in children (art. 211).
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