In accordance with Law BD 2656/53, unemployed persons capable of working and seeking a job may register at the local employment office in the region in which they reside. This law also stipulates that every employer willing to hire any skilled or unskilled employee must contact the employment office for this purpose. If the employer selects from the list of registered unemployed someone he/she wishes to hire, the employment office must comply. If the employer wishes to hire a certain person who is not registered, he may do so by notifying the office within a period of eight days. Failing this, the employment office may suggest other candidates from the list, subject to the agreement of the employer.
The law also imposes a fine on an employer who hires a worker without the involvement of the employment office. This fine does not, however, have any effect on the employment contract, which remains valid.
Law 1348/83 prohibits the establishment of private employment agencies. Persons who violate this law are liable for a fine and up to three months' imprisonment. This law is still in force, however private employment services are permitted for certain occupational groups under the terms of Law 2639/98 and Presidential Decree 160/1999, which lay down the circumstances, requirements and procedures for the establishment and operation of private employment agencies. For example, private employment services are permitted for the following groups:
- actors, singers and other stage professions;
- supervisory and management personnel;
- accountants and tax specialists;
- cleaning personnel;
- construction workers and craftspersons;
- tourist guides;
- models;
- private nurses;
- care workers for senior citizens;
- domestic personnel.
In application of the stipulations under § 3 of Law 2434/96, a resolution by the Minister of Labour and Social Security has been passed on a "Nationwide Integrated Information System for Labour Market Analysis" (SPE). The resolution defines which data on unemployed persons (personal data, training, vocational skills and desired employment) and enterprises (details of the firm, communication channels, requirements as regards training, vocational skills, applicants, etc.) are to be registered in the SPE. In addition, the resolution lays down restrictions regarding access to these data, deals with the question of updating the system and defines the activities required to inform the unemployed and enterprises about the advantages of using the services of the SPE.
Only the placement officers of the OAED have access to the SPE via a personal code verified by the system. The use of SPE data by the OAED for other purposes than job placement is prohibited.
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