The social economy contributes to the development of local communities, creating jobs, involvement of persons belonging to vulnerable groups stipulated by this law, in social activities and / or economic activities, facilitating their access to community resources and services.
By this law there were established two new types of legal entities, respectively social enterprises and social enterprise of insertion.
The social enterprise means any legal entity of private law operating in the social economy, which has a certificate of social enterprise and respects the principles set out in the law. Social enterprise status is recognized by awarding a certificate certifying the purpose of the social enterprise and social its compliance. The certificate is given to those social enterprises that have provisions for the establishment and functioning under the following criteria: acting in a social and / or general interest of the community; allocate at least 90% of the profit to the social purpose and statutory reserve; undertake to convey the assets remaining after liquidation to one or more social enterprises; apply the principle of social equity to employees, assuring fair wage levels. The certificate is granted for a period of 5 years and may be extended if it is proved that the conditions that led to the granting of the certificate are fulfilled. The social enterprise has the following obligations: to communicate any changes regarding the documents of foundation or association to the employment agency, within 15 days of the change; to communicate to the employment agency the activity reports and annual financial statements; County department for the social economy must ensure the consultation of these documents by any interested person; to publish excerpts within 3 months from the end of the calendar year, of the annual social report on activity and the annual financial statements in the Single Register of evidence of social enterprises.
Social enterprise of insertion is the social enterprise that: has, permanently, at least 30% of the staff belonging to the vulnerable group, so that the working cumulative time of such employees to represent at least 30% of the total working time of all employees; It aims to fight exclusion, discrimination and unemployment by socio-professional insertion of disadvantaged people. Social enterprises of insertion have the obligation to ensure, for employees who belong to vulnerable groups, accompaniment measures to ensure employability and social skills. Accompaniment measures are: information, counseling, access to forms of training, adapting the workplace to the person’s ability, accessibility of the workplace to the needs of people, and other measures aimed for supporting social and professional insertion. In order to provide the measures of accompaniment, social insertion companies collaborate with public social assistance services at county and local level, employment agencies, service centers providing integrated medical, psychological and social service for consumers and drug addicts, with specialists in fields such as psychology, social work, addictions, pedagogy, training, employment, medicine, occupational medicine, social economy.
The status of social enterprise of insertion is certified by giving a social brand. The social brand includes the certificate attesting the status of social enterprise of insertion, with a validity of 3 years from the date of issuance, and a specific element of identity, which necessarily applies on the products made, or the works executed or the documents that demonstrate that a service was provided.
Within 60 days of the entry into force of this law, the Ministry of Labor, Family, Social Protection and Elderly People will develop implementing rules, which will be approved by Government decision.