According to the High Court of Cassation and Justice (HCCJ), employers’ right to employment subsidies does not depend on the availability of budgetary funds

In Decision no. 8/2026, recently published in the Official Gazette, the High Court ruled that the conclusion of contracts between employers and employment agencies is not contingent upon the availability of funds approved in the unemployment insurance budget. Specifically, the HCCJ ruled that the right of employers to subsidies is enshrined in law by Article 85(1) of Law no. 76/2002, and that the phrase “shall be granted within the limits of the approved amountsonly refers to the fulfilment of the payment obligation and not to the recognition of the right through the signing of the contract.

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