SOCIAL SECURITY UNIT

Consolidated Report on the application by Romania of ILO Conventions №102, 168, 183 & the European Code of Social Security in the period 2011-2015

Consolidated information compiled from the following Government Reports on these instruments:

· 4^th Report on the fulfilment of the European Code of Social Security submitted by Romania for the period from 1st July 2014 to 30th June 2015 [Report 2015-ECSS];

· 3^rd Report on the fulfilment of the European Code of Social Security submitted by Romania for the period from 1st July 2013 to 30th June 2014 [Report 2014-ECSS];

· 2^nd Report on the fulfilment of the European Code of Social Security submitted by Romania for the period from 1st July 2012 to 30th June 2013 [Report 2013-ECSS];

· Report on the Social Security (Minimum Standards) Convention, 1952 (No. 102) (first report). Reference year 2010 [Report 2010-C102];

· Report for the Employment Promotion and Protection against Unemployment Convention, 1988 (No.168). Reference year 2011 [Report 2011-C168];

· Report for the Maternity Protection Convention, 2000 (No.183). Reference year 2013 [Report 2013-C183].

NB	Indications, which may help to improve the quality of the report, are put into a box.
	Questions in the Report Form on a given Convention (e.g. RF/C102), on which the information is lacking in all listed Government reports, are reproduced in a box.
	Where the text of the corresponding provisions of the ECSS and C102 has the same wording, the wording of C102 in taken as the basis, with eventual changers in the ECSS reproduced in brackets.
	Report form for the Social Security (Minimum Standards) Convention, 1952 (No.102). International Labour Office. Geneva, 1980.	RF/C102
	Form for the annual report on the European Code of Social Security as modified by the Protocol additional thereto. Council of Europe. Strasbourg, 1967.	RF/ECSS
	Report form for the Employment Promotion and Protection against Unemployment Convention, 1988 (No.168). International Labour Office. Geneva, 1989.	RF/C168
	Report form for the Maternity Protection Convention, 2000 (No.183). International Labour Office. Geneva.	RF/C183

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Part I. General provisions

The Part I “General provisions” comprises the following explanatory and procedural clauses:

§ Articles 1-6 C102

§ Articles 1-6 ECSS

§ Articles 1-6 C168

§ Articles 1-2, 7 C183

Part II. Medical Care

Information sources:

1. 4^th Report on the fulfilment of the European Code of Social Security submitted by Romania for the period from 1st July 2014 to 30th June 2015.

2. 2^nd Report on the fulfilment of the European Code of Social Security submitted by Romania for the period from 1st July 2012 to 30th June 2013.

3. Report on the Social Security (Minimum Standards) Convention, 1952 (No. 102) (first report). Reference year 2010.

List of applicable legislation* [PNL↑]

· Law No 95/2006 on healthcare reform, republished (the initial form published in the Official Gazette no 372 of 28 April 2006, the republished form published in the Official Gazette no 652 of 28 August 2015) – Title VIII „Health Social Insurance";

· Government Decision No 1389/2010 for the approval of the framework conditions for granting medical assistance within the health insurance system for the years 2011 – 2012, as further completed and amended, effective during the period between 1 June 2011 and 31 March 2013 (Part II – Medical care);

· Government Decision No 117/2013 approving the Framework Agreement on the conditions of granting medical assistance within the health insurance system for the years 2013 – 2014, as further completed and amended, effective during the period between 1 April 2013 and 31 May 2014 (Part II – Medical care),

· Government Decision No 400/2014 approving the Framework Agreement on the conditions of granting medical assistance within the health insurance system for the years 2014 – 2015, as further completed and amended, effective during the period between 1 June 2014 and 30 June 2016 (Part II – Medical care),

· Joint Order No 864/538/2011 of the Minister of Health and NHIH President approving the Methodological Norms for the application of the 2011 – 2012 Framework Agreement on the conditions of granting medical assistance within the health insurance system, for 2011, as further completed and amended, effective during the period between 1 June 2011 and 31 December 2011 (Part II – Medical care),

· Joint Order No 1723/950/ 2011 of the Minister of Health and NHIH President approving the Methodological Norms for the application of the 2011 – 2012 Framework Agreement on the conditions of granting medical assistance within the health insurance system, for 2012, as approved by Government Decision No 1.389/2010, as further completed and amended, effective during the period between 1 January 2012 and 31 March 2013 (Part II – Medical care),

· Joint Order No 423/191/2013 of the Minister of Health and NHIH President approving the Methodological Norms for the application of the 2013 – 2014 Framework Agreement on the conditions of granting medical assistance within the health insurance system, for 2013, as further completed and amended, effective during the period between 1 April 2013 – 31 May 2014 (Part II – Medical care),

· Joint Order No 619/360/2014 of the Minister of Health and NHIH President approving the Methodological Norms for the application of the Government Decision No 400/2014 approving the services packages and the 2014 – 2015 Framework Agreement on the conditions of granting medical assistance within the health insurance system, for 2014, as further completed and amended, effective during the period between 1 June 2014 and 31 March 2015 (Part II – Medical care),

· Joint Order No 388/186/2015 of the Minister of Health and NHIH President approving the Methodological Norms for the application of the Government Decision No 400/2014 approving the services packages and the 2014 – 2015 Framework Agreement on the conditions of granting medical assistance within the health insurance system, for 2015, as further completed and amended, effective during the period between 1 April 2015 and 30 June 2016 (Part II – Medical care),

· NHIH President’s Order No 617/2007 approving the methodological regulations related to the establishment of the documents in proof required to acquire the quality of insured person, namely insured person without paying the contribution, as well as for applying the forced execution measures to collect the amounts owed to the National Health Insurance Fund, as further completed and amended (initial form published in the Official Gazette no. 649, dated September 24th, 2007), applied until September 18^th 2014 (Part II – Medical care);

· Order of the President of the National Health Insurance House No. 581/2014 on the approval of the methodological regulations related to the establishment of the documents in proof required to acquire the quality of insured person (initial form published in the Official Gazette no. 685, dated September 19th, 2014), applied since September 19^th 2014 (Part II – Medical care);

· Governmental Decision no. 720/2008 for the approval of the list including the common international denomination pertaining to the medication the insured persons take advantage of, with or without personal contribution, based on a medical prescription, within the health insurance system, with the subsequent amendments and supplements (initial form published in the Official Gazette no. 523, dated July 10^th, 2008, (Part II – Medical care),

· Order of the President of the National Health Insurance House No. 545/2011 on the methodology to establish the reference prices and lease amounts corresponding to the medical device classes and types intended to the outpatient recovery of organic or functional disabilities, within the health insurance system, (Part II – Medical care);

· Order of the President of the National Health Insurance House No 188/2013 approving the methodology establishing the reference prices and lease amounts corresponding to the medical device classes and types intended to the outpatient recovery of organic or functional disabilities, within the health insurance system, as further completed and amended (Part II – Medical care);

Law No 227/2015 on the Fiscal Code, as further completed and amended;
Government Decision No 1/2016 approving the Methodological Norms for the implementation of Law No 227/2015 on the Fiscal Code, as further completed and amended;
Law No 112/2016 on approval of Government Emergency Ordinance No 41/2015 for amending and completing of certain normative acts, as well as for regulating some budgetary measures.

II – 1. Regulatory framework

Article 7. C102 and ECSS

Each Member (Contracting Party) for which this Part of this Convention (Code) is in force shall secure to the persons protected the provision of benefit in respect of a condition requiring medical care of a preventive or curative nature in accordance with the following Articles of this Part.

Please give a general description of the design of the scheme and of the objectives of national policy illustrated, if necessary, by the relevant statistical information.

Please indicate here any major reforms, legislative changes, judicial decisions, strategies, plans and other regulatory measures, which may affect the application of this branch of the national social security system.

II - 2. Contingencies covered

Article 8. C102 and ECSS

The contingencies covered shall include any morbid condition, whatever its cause, and pregnancy and confinement and their consequences.

II - 3. Persons protected

Article 9. C102 and ECSS

The persons protected shall comprise:

(a) prescribed classes of employees, constituting not less than 50 per cent of all employees, and also their wives and children; or

(b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents, and also their wives and children; or

(c) prescribed classes of residents, constituting not less than 50 per cent of all residents.

A. Please indicate which sub-paragraph of this article you refer to.

sub-paragraph c) of Article 9 applies to the health insurance system in Romania.

B. Please indicate the classes of persons protected under the provisions of this Article.

According to the provisions of the Law no. 95/2006, republished, the following persons are insured within the health insurance system in Romania:

- all Romanian citizens with the residence in the country, proving the payment of the health insurance contributions to the fund;

- foreign and stateless citizens requesting and obtaining the extension of the temporary right of residence, or with a residence in Romania, proving the payment of the health insurance contribution to the fund;

- citizens of the Member States within the European Union, the Economic European Area and Swiss Confederation which do not hold and insurance concluded on the territory of another Member State, generating effects on the Romanian territory and which requested and obtained the right of residence in Romania for a period exceeding 3 months and proving the payment of the health insurance contribution to the fund;

- persons from the Member States within the European Union, the Economic European Area and Swiss Confederation fulfilling the conditions of a border agent, rendering a paid or independent activity in Romania, residing in another Member State to which they come back usually daily or at least once a week and which prove the payment of the health insurance contribution to the fund;

- retired persons, registered in the public pensions fund which no longer have the residence in Romania and which establish the residence on the territory of another Member State of the European Union, European Economic Area or Swiss Confederation, namely on the territory of a state which concluded a joint agreement on social security with Romania to provide an illness and maternity insurance and which prove the payment of the health insurance contribution to the fund.

According to Law no. 95/2006, republished, the following categories are covered by the insurance:

The persons with the quality of insured person, without payment of the health insurance contribution:

a) all children up to the age of 18, youngsters aged between 18 and 26, if they are students, including high school graduates, up to the commencement of the university year, but no more than three months, apprentices or students if they do not obtain an income from work;

b) youngster up to the age of 26, coming from the child protection services, with no income or which are not beneficiaries of a social aid granted according to the Law no. 416/2001 regarding the minimum guaranteed income; husband, wife and parents with no income, dependant on the insured person;

c) persons whose rights are established by the Law Decree no. 118/1990 on granting rights to individuals oppressed due to political reasons by the dictatorship instated on March 6^th, 1945, as well as to incarcerated individuals or deported abroad, republished, by the Law no. 51/1993 on granting rights to magistrates removed from justice due to political consideration during 1945-1989, with the subsequent amendments, by the Government Ordinance no.105/1999 on granting rights to the persons oppressed by the regimes instated in Romania beginning with September 6^th, 1940, up to March 6^th, 1945 due to ethnic reasons, approved with amendments and supplements by the Law no. 189/200 with the subsequent amendments and completions, by the Law no. 44/1994 regarding war veterans, as well as some rights of the disabled and war widows, republished, with the subsequent amendments and supplements, by the Law no. 309/2002 on the recognition and granting of rights to the persons with fulfilled military services within the General Division of the Labour Service during 1950-1961, with the subsequent amendments and supplements, as well as the persons foreseen under Article 3 paragraph (1) letter b), point 1 of the Law no. 341/2004 on the appreciation of the martyr heroes and fighters contributing to the victory of the Romanian Revolution in 1989, as well as of the persons who gave their lives or suffered the consequences of the anti-communist riot in Brasov in November 1987, with the subsequent amendments and supplements, if these persons do not have any other income than the amounts granted according to these law;

d) disabled persons with no income, pension or other income sources, except for the ones obtained according to the Law no. 448/2006 regarding the protection and promotion of the rights of the disabled persons, republished, with the subsequent amendments and supplements;

e) ill persons with conditions included in the national health programmes established by the Ministry of Health, up to the cure of such condition, if they have no income, pension or other resources;

f) pregnant and post-delivery women, with no income or incomes under the minimum gross wage on country level.

2. Individuals insured for the period in which they classify under the following situations, with the contribution payment from other sources:

a) persons on leave of absence due to temporary labour incapacity, granted as result of a labour accident or professional illness;

b) individuals on maternity leave, receiving an allowance for raising the child up to the age of 2 and in case of a disabled child, up to 3 years or on leave and allowance to raise a disabled child with the age between 3 and 7;

c) executing an imprisonment sentence or on remand, as well as the individuals executing the measures foreseen under Article 109, 110, 124 and 125 of the Penal Code, namely the persons with an imprisonment sentence subject to delay or suspension, of they have no income;

d) individuals receiving an unemployment allowance;

e) foreign citizens in accommodation centers for the purpose of repatriation or expulsion, as well as the victims of human trafficking, during the procedures required to establish the identity thereof, accommodated in special centers, according to the law;

f) persons part of a family entitled to social aid, according to the Law no. 416/2001, with the subsequent amendments and supplements;

g) retired persons with pension incomes of maximum lei 740;

h) Romanian citizens, victims of human trafficking, for a period of maximum 12 months, unless they have income sources;

i) monastic personnel of recognized cults, registered in the State Secretary Registry for Cults, unless they have income sources from labour, pension or other sources.

3. The persons which are not classified in the aforementioned categories have the duty to become insured and to pay the contribution to the health insurance services, according to the law.

The persons with no insurance are entitled to a minimum service package including health care, medicines and sanitary materials only in case of medical-surgical emergencies and potentially endemic-epidemic diseases, for the purpose of monitoring the pregnancy and post-partum period, family planning services, prevention services and community healthcare.

The National Health Insurance House considered the regulation of the provisions concerning the individuals not proving the insured capacity within 3 months as of the date of the last health insurance contribution payment as required when employers do not comply with their obligation to calculate and transfer the contribution to the social health insurance fund.

According to Article 220 paragraph 4) of Law No 95/2006 on healthcare reform, republished, as further amended and supplemented, the National Health Insurance House is entitled to propose, with the approval of the Ministry of Healthcare, draft regulatory acts intended to ensure the operation of the social health security system, as well as to give approval, according to the draft regulatory acts affecting the National Health Insurance Fund, not being entitled to have legal initiatives.

Under such background, a proposal for amending Article 267, paragraph (2) of Law No 95/2006 republished as further amended and supplemented, was submitted to the Ministry of Health, so that, in the case of employees, the basic medical services package be diminished after 3 months as of the date of their work relationship termination.

C. Please provide statistic information according to this Article as follows:

i. if sub-paragraph (a) is applied, the form established in Title I, according to Article 74 bellow; or

N/A

ii. if sub-paragraph (b) is applied, the form established in Title II, according to Article 74 bellow; or

N/A

iii. if sub-paragraph (c ) is applied, the form established in Title III, according to Article 74 bellow.

Reply:

A. Number of insured residents (all the persons insured, including those taking advantage of the medical service package beneficial for their wage earners)

B. Overall number of residents (including children and elderly)

C. The ratio between the number of insured (A) and the overall number of residents (B), as percentage

	*31 Dec. 2011*	*31 Dec.2012*	*31 Dec.2013*	*31 Dec.2014*	*31 Dec.2015*	*31 Dec.2016*
Overall number of insured persons registered on the family physicians' lists (taking advantage of the basic medical services package)	18,305,557	18,291,872	18,094,338	17,174,986	17,191,563	17,171,844
Overall number of uninsured persons registered on the family physicians’ lists (taking advantage of the minimum medical services package)	2,138,001	2,238,620	2,419,346	3,430,298	3,349,056	3,464,675
Overall number of persons taking advantage of medical services packages, registered on the family physicians’ lists	*20,443,558*	*20,530,492*	*20,513,684*	*20,605,284*	*20,540,619*	*20,636,519*
Population of Romania (as reported by the National Institute of Statistics)	*21,431,298*	*21,431,298*	*21,316,420*	*22,279,183*	*22,242,738*	*22,242,738*
%	*95.39%*	*95.80%*	*96.23%*	*92.49%*	*92.35%*	*92.78%*

D. Please confirm whether spouses and children dependant on the protected persons (classes of employees or of the economically active population) are also entitled to the medical allowances foreseen by Article 16, according to the provisions of this Article. Please state, whenever possible, the number of protected dependant spouses and children.

According to the provisions of Law No 95/2006, republished, the following shall take advantage of the medical insurance, without paying the contribution:

- all the children up to the age of 18;

- spouse and parents with no income, dependant on an insured person.

	*31 Dec. 2011*	*31 Dec. 2012*	*31 Dec. 2013*	*31 Dec. 2014*	*31 Dec. 2015*	*31 March 2016*
Number of children up to the age of 18	4,039,668	4,002,523	3,953,892	3,884,142	3,823,398	3,739,640
Number of insured persons belonging to the category of spouse and parents with no income, dependant on an insured person	867,496	905,550	870,094	846,083	813,360	802,081

E. If the above mentioned Article 6 is applied, for each and all of the relevant systems, pleas provide information according to this Article on the form established by Article 6.

According to the provisions of Law No 95/2006, republished, the social health insurance system is the main fund financing the population health condition protection that ensures the access of the insured persons to a basic medical services package.

Other forms of health insurances can be effective in special situations. These insurances are not mandatory and can be provided voluntarily by insurance bodies certified according to the law.

The voluntary health insurance does not exclude the duty to pay the contribution for the social health insurance.

II - 4. Types of Benefit

§1. Article 10. C102 and ECSS

The benefit shall include at least:

(a) in case of a morbid condition,

(i) general practitioner care, including domiciliary visiting;

(ii) specialist care at hospitals for in patients and out patients, and such specialist care as may be available outside hospitals;

(iii) the essential pharmaceutical supplies as prescribed by medical or other qualified practitioners; and

(iv) hospitalisation where necessary; and

(b) in case of pregnancy and confinement and their consequences,

(i) pre natal, confinement and post natal care either by medical practitioners or by qualified midwives; and

(ii) hospitalisation where necessary.

§2 Article 1. C102 and ECSS

In Articles 10, 34 and 49 the term benefit means either direct benefit in the form of care or indirect benefit consisting of a reimbursement of the expenses borne by the person concerned.

1.a) In Romania, the insured persons take advantage of the services foreseen in the basic service package, in case of illness of accident, starting from the first day of illness or from the accident date and until cured, as provided by the medical services providers contracted by the Health Insurance House (as foreseen by the provisions of Title VIII of Law No 95/2006, republished). The insured persons are entitled to:

- to take advantage of the reimbursement of all expenses undertaken during hospitalization for the medication, sanitary materials and paraclinical investigations they were entitled to, with no personal contribution, according to the requirements of the framework agreement;

- to carry out prophylactic check ups, according to the requirements established in the framework agreement;

- to take advantage of preventive medical assistance services and health promotion, including for the purpose of early identification of conditions;

- to take advantage of ambulatory medical care and in the hospitals with a contract concluded with the health insurance houses;

- to take advantage of emergency medical services;

- to take advantage of several dental care services;

- to take advantage of physical therapy and recovery treatment;

- to take advantage of the medical devices;

- to take advantage of medical care services at the residence;

- to take advantage of leaves and health security benefits, according to the law.

The service packages granted on various medical care levels within the health insurance system are foreseen by the Order No 864/538/2011, Order No 1723/950/2011, Order No 423/191/2013 and Government Decision No 400/2014 in effect from June 1st, 2014.

For persons not proving the payment of the contribution to the Unique National Health Insurance Fund, medical care related to the minimum medical services package is provided, which contains medicines and sanitary materials intended only in case of medical-surgical emergencies and potentially endemic-epidemic diseases, for the purpose of monitoring the pregnancy and post-partum evolution, family planning services, prevention and community healthcare services, as:

- primary medical assistance;

- clinical specialized outpatient medical assistance;

- dental outpatient assistance;

- hospitalized medical assistance.

During the period between June 1^st 2011 and May 31^st 2014, the social health security fund provided optional services package in primary medical assistance, clinical specialized outpatient medical assistance, dental outpatient assistance and hospitalized medical assistance. Such package included medical services, healthcare services, medicines, sanitary materials, medical devices. The categories of individuals who could optionally conclude a health insurance comprised foreign citizens and stateless individuals being temporary in the country without an application for long term stay visas, as well as the Romanian citizens residing abroad, who are temporary in the country.

i) The primary medical care is provided by the family physician as follows:

o for individuals not proving the payment of the contribution to the Unique National Social Health Insurance Fund, as medical care related to the minimal medical services package;

o for insured individuals proving the payment of their contributions to the Unique National Social Health Insurance Fund, as medical care related to the basic medical services package;

o for any individuals benefiting of emergency medical care services (regardless of whether they are registered or not on the list of the family physician providing the emergency medical care services).

The basic medical services package contains:

I. Curative medical services for medical-surgical emergencies, acute, sub-acute conditions, acute exacerbation of chronic illnesses and for chronic illnesses.

1. A single consult for each individual, for each established emergency case is settled during the entire reporting period

2. Consults for acute/sub-acute conditions or acute exacerbation of chronic illnesses are settled during the entire reporting period

3. Consults for chronic illnesses are settled, during the entire reporting period, for

· Illness evolution monitoring;

· Continued therapy;

· Screening of complications;

· Training of the insured person on self-care;

4. Active monitoring consults by an integrated management plan (between June 1^st 2014 and May 31^st 2016) based on scheduling, for chronic illnesses with major impact on the illness burden regarding: high cardiovascular risk (HTA), dislipidemia and type II sugar diabetes, bronchial asthma, chronic obstructive respiratory illness (BPOC), chronic kidney illness, that include:

- The initial assessment of the newly identified case after the first quarter of registration;

- The patient monitoring.

II. Preventive and prophylactic medical services, between June 1^st 2011 and May 31^st

2016:

1. The preventive consults are active periodical consults provided for persons between the ages of 0 and 18, with regard to growth and development, nutritional status and dietary practices, detection and intervention accordingly, for risks specific to age / gender group, prevention services for children, by age and gender groups;

2. Consults for the purpose of assessing the pregnancy and post-delivery evolution, according to the legal provisions in effect (see Article 49 of Part VIII);

3. Consults for the purpose of immunization (consult and inoculation) were granted between June 1^st 2011 and March 31^st 2013, as follows:

- according to the national immunization program;

- tetanus recall vaccine to pregnant women as prophylactic prevention of tetanus to new born;

4. Preventive consults for insured individuals aged of more than 18 years:

- between June 1^st 2011 and May 31^st 2014: upon the request of the insured individual or of the family physician – periodical medical consults for insured individuals aged of more than 18 years to prevent diseases with major effects over morbidity and mortality;

- between June 1^st 2014 and May 31^st 2016: assessment of individual risks showed by the asymptomatic adult – consults are granted at the family physician practice in an active manner, to adults from the general population;

5. Supervision and identification of endemic-epidemic potential illnesses are ensured throughout the reporting period;

6. Consults for granting the family planning services, between June 1^st, 2011 and May 31^st, 2016

a) advice granted to women related to family planning;

b) indicating a contraceptive measure to the persons with no risks.

III. House calls – they are granted by the family physician to the insured person registered on his/her own list, throughout the reporting period

IV. Additional medical services represent services provided on an optional basis in the medical practices of the family physicians, exclusively to the insured individuals on their lists. These services are: general EKG for stomach and pelvis and starting with June 1^st, 2014, also EKG carrying out and interpretation. .

V. The support activities are represented by releasing the following documents: medical leave, referrals, medical prescriptions, medical exemptions for children in case of illness, medical documents required for children in foster care within the social care and child protection system, medical documents released for children requested upon entering in a collectivity, according to the legal provisions in effect and the issuance of the medical death certificate, except in cases of suspicion that require forensic, under the law, following the examination for ascertaining death, starting with January 1^st, 2012, being included in the basic medical services package also the medical document released for children and requested at their entry within a collectivity.

VI. Services of drug administration, as intramuscular, subcutaneous, intradermal, intravenous or infusable, as appropriate, granted for policyholders on the patient list of the family physician, during working hours in the medical practice of the family physician starting with April 1^st 2015.

ii) Specialized medical assistance in ambulatory clinical is provided by specialized physicians with other specialized medical personnel and other personnel categories, as well as with the authorized and certified personnel, as applicable, to provide health care services related to the medical practice and for acupuncture by physicians obtaining competencies / complementary studies certificate for acupuncture. Between June 1^st, 2011 and May 31^st, 2014, the phytotherapy and homeopathy services were provided by the physicians that obtained certificates/authorizations for providing complementary phytotherapy and homeopathy services.

The basic medical services package includes:

1. Medical services for medical-surgical emergencies, throughout the reporting period

2. Consults for acute / sub-acute illnesses and acute exacerbation of chronic illnesses, throughout the reporting period

3. Consults for chronic illnesses, throughout the reporting period

4. Consults for the identification of potentially endemic-epidemic illnesses, throughout the reporting period

5. Consults for granting the family planning services, throughout the reporting period

6. Consults for application of phytotherapy and homeopathy for the period between June 1^st 2011 and May 31^st 2014

7. Simple and complex diagnosis services and therapeuthical services/medical and surgical treatments, throughout the reporting period

8. Healthcare services related to the medical act, subject of contracts concluded by the health insurance houses with the specialized medical doctors, were provided by:

- psychologists and speech therapists, between June 1^st 2011 and March 31^st 2013;

- psychologists, speech therapists and kinetotherapists, between April 1^st 2013 and May 31^st 2016.

9. Pregnancy and confinement monitoring services (see Article 49 of Part VIII)

10. Acupuncture services: consults and treatment cures.

Specialized outpatient medical services for clinical medical recovery specialty are provided by medical doctors specialized in medical recovery, together with other medical-sanitary specialized staff and other categories of staff.

The basic medical services package includes, throughout reporting period, consults and treatment cures.

The consult at the specialized physician in outpatient clinic and specialized outpatient clinic for medical recovery is carried out based on the referral from the family physician or another specialized physician, only if the insured individual had an initial referral released by the family physician where he/she is registered and only if the referring physician has a contract concluded with the health insurance house. Illnesses provided for by the legal regulations in force (see Annex 9 to Order No 864/538/2011, for the period between June 1^st 2011 and December 31^st 2011, Annex 9 to Order No 1723/950/2011, for the period between January 1^st 2012 and March 31^st 2014, Annex 13 to Order No 619/360/2014, for the period between June 1^st 2014 and March 31^st 2015, respectively Annex 13 to Order No 388/186/2015, for the period between April 1^st 2015 and May 31^st 2016) are exempted from the duty of submitting a referral.

The dental medical assistance is provided by dental doctors and dentists together other medical-sanitary specialized staff and other categories of staff. The basic medical services package includes preventive dental medical services and dental treatment services (for the period between June 1^st 2011 and May 31^st 2016).

For providing dental medical services not referral document is required.

The basic ambulatory/outpatient specialist care assistance services package for paraclinical specializations (between June 1^st 2011 and May 31^st 2016) includes:

1. Paraclinical investigations and laboratory analyses:

- Hematology

- Biochemistry – seric and urinary

- Microbiology

- Testing of the sensitivity to antimicrobial and antifungal substances

- Hystopathological and cytological examinations

2. Radiological paraclinical investigations: medical imagistic, nuclear medical investigations and functional examinations:

- Radiology – Medical imagistic:

- Ionizing radiation based investigations

- Non-irradiating based investigations

- High-performance investigations

- Functional examinations

- Nuclear medicine.

The paraclinical medical investigations are granted only based on referral documents, provided the medical doctor releasing the referral document was under a contracting relationship with the same health insurance house that contracted also the paraclinical medical services provider.

The medical devices intended to the outpatient organic or functional recovery are granted for a determined or undetermined period of time, based on medical prescriptions released by the specialized medical doctor contracted by the health insurance house. The basic medical services package includes ENT prosthesis devices for stomas, urinary incontinency, lower limb, upper limb, orthosis (for the back bone, the upper limb and the lower limb), orthopedic shoes, oxygen therapy and non-invasive ventilation devices, motor devices and, staring with June 1^st 2014, devices for saline aerosol therapy, external breast prosthesis.

iii) The persons insured take advantage, under outpatient regime, of medication with or without personal contribution, based on medical prescription released by the medical doctors having contracts concluded with the health insurance houses.

The medication prescription and release method is foreseen in the G.D. No 1389/2010, G.D. No 117/2013, G.D. No 400/2014 and in their related Methodological Implementation Norms above mentioned.

The list of medication (DCI) the insured persons are entitled to, with or without personal contribution, is drafted by the Ministry of Health and National Health Insurance House, with the consultation of the College of Pharmacists in Romania and approved by Government Decision. The list can only include the medication specified in the products classification. (Article 242 of the Law no. 95/2006, republished).

The medication with or without personal contribution in the ambulatory treatment and some specific sanitary materials granted for the ambulatory treatment of the patients included in national health programmes for curative purpose, are released by pharmacies belonging to medical units through which run those programs, or pharmacies authorized by the Ministry of Health, assessed according to the legal regulations in effect.

The list of the international common denominations included in the Nomenclature of drugs for human use, destined to insured individuals for ambulatory treatment, with or without personal contribution, based on medical prescription is foreseen by the Government Decision no. 720/2008 for the approval of the list including the common international denominations pertaining to the drugs for insured individuals, with or without personal contribution, based on medical prescription, in the social health insurance system, as well as the common international denominations of the drugs granted within the national health programmes with the subsequent supplements and amendments.

iv) The medical care in hospitals is provided in sanitary units with beds, authorized and assessed according to the law.

1. The hospital medical services are preventive, curative, recovery, medical rehabilitation, palliative type of services and include: specialized medical consults, investigations, diagnosis, medical and/or surgical treatments, care, recovery, medication, monitoring and supervision, accommodation and meals, depending on the type of hospitalization.

2. According to the hospital accommodation, the medical care in the hospital is granted as:

a) continuous hospitalization: includes care provided in the hospital includes acute and chronic care, granted in compliance with the following admittance criteria:

ü child delivery;

ü medical-surgical emergencies and situations in which patient’s life is endangered or which might put the patient's life in danger and requiring continuous monitoring;

ü illnesses with endemic-epidemic potential requiring isolation and treatment;

ü medically ill included under the articles 109, 110, 124 and 125 from the Law no. 286/2009 regarding the Penal Code, with the subsequent amendments and supplements and, in the cases ordered by order of the District Attorney during the trial or criminal prosecution, requiring isolation or mandatory admission and the treatment of prisoners for which the trial court ordered the sentence to be executed in a prison hospital and the treatment of patients in prisons whose illnesses require supervision and reassessment in the prison hospitals; patients requiring long term hospital care – years;

ü illnesses for which the diagnosis and/or treatment can not be supervised in ambulatory care or day-time hospitalization.

· The patients with a hospital admission referral for continuous hospitalization will be scheduled for admission, according to the illness and seriousness of the signs and symptoms and the availability of the services provided by the requested hospital unit.

· The prevention of continuous hospitalization classified as avoidable will be carried out by early diagnosis, approach, treatment and supervision, namely adequate monitoring in ambulatory care and day-time hospitalization, as applicable.

· Starting with June 1^st 2014, alist of main diagnoses classified for avoidable continuous hospitalization and specific pertaining to the reduction/elimination thereof from continuous hospitalization are described in detail in Annex 22 to Order No 619/360/2014 (for the period between June 1^st 2014 and March 31^st 2015) and in Annex 22 to Order No 388/186/2015 (for the period between April 1^st 2015 and May 31^st 2016).

b) day-time hospitalization: includes acute and chronic care, granted in compliance with

the following admittance criteria:

ü medical-surgical emergencies requiring medical supervision up to 12 hours;

ü the diagnosis can not be established and the treatment can not be applied and/or monitored in ambulatory care.

· The necessary services for the patient diagnosis, treatment and monitoring carried out during the day-time hospitalization, may have a multiple specialized and /or multidisciplinary nature, can be invasive, followed by adverse reactions or emergency risks during their performance or correlated with the patient's health state, requiring medical monitoring which can not be carried out in ambulatory care.

· Between June 1^st 2011 and May 31^st 2016, the medical services provided in continuous and day-time hospitalization are granted based on referral.

· Starting with June 1^st 2014, new mentions with regard to the medical doctors who are allowed to issue referrals are introduced, they being:

- the family physician;

- the specialized physician from the ambulatory sanitary units, no matter the form of organization;

- the physicians from the medical – social assistance units;

- the physicians from private dialysis centers with contract concluded with the health insurance house;

- the physicians active in TBC clinics, in mental health laboratories, namely in mental health care centers and day-time stationary psychiatry, in dental care practices with no contract concluded with the health insurance houses and which are included in the hospital structure as units with no legal personality;

- the labour medicine physicians.

· There are regulated situations when no admission referral is requested (throughout the reporting period: medical-surgical emergencies, illnesses with endemic-epidemic potential requiring isolation and treatment, cases recommended for admission in a hospital, as a result of a medical letter issued by physicians in ambulatory care of that hospital, with a contract concluded with the health insurance houses etc., and additionally, starting with June 1^st 2014, birth deliveries, intra-hospital transfers, while for day-time hospitalization, chemotherapy, radiotherapy, monitoring and treatment of talasemia patients, monitoring of oncology patients etc.)

ü Those insured individuals are provided with those hospital medical services until their full cure.

Medical recovery assistance in hydropathical sanatoriums and medical recovery services in other sanatoriums and preventoria are provided under hospitalization in sanatoriums/sanatorium wards for adults and children, based on admission referrals for medical recovery treatment issued taking into account the special pathology and related illnesses of the insured individual susceptible for hydropathical treatment.

1 (b). In pregnancy, post-delivery and consequences:

The medical services for which co-payment is charged are the medical services provided in sanitary units with beds under continuous hospitalization and those provided in the ambulatory specialized in medical recovery; the minimum amount of the co-payment is of Lei 5 and the maximum amount, is of Lei 10. The co-payment amount is established by each sanitary unit according to its own criteria.

Pursuant the provisions of Title VIII of Law No 95/2006, the following insured individual categories are exempted from such co-payment:

a) children aged up to 18 years, youngsters from 18 years up to age 26, if they are high school graduates to the beginning of the academic year, but not more than 3 months, apprentices or students, if they do not receive earnings from labour;

b) ill people suffering of illnesses included in the national health programmes established by the Ministry of Health, for the medical services related to the basic disease of the relevant illness, if they do not receive earnings from labour, pension or other sources;

c) between November 30^th 2011 and March 13^th 2016, the retired individuals receiving earnings only from the pension of up to 740 Lei/month;

d) starting with March 14^th 2016, the individuals receiving monthly earnings only from pensions whose amount is up to the Lei 1 rounded amount of one pension point as established for the relevant financial exercise;

e) starting with July 19^th 2012, all the pregnant women and childwives, for the medical services concerning the pregnancy evolution, while those who have no income or have an income lower than the national minimum net basic wage, for all the medical services.

The personal contribution is charged for dental medical services, medicines, medical recovery services in hydropathical and medical recovery sanatoriums and in other sanatoriums and preventoria, medical devices in ambulatory, as follows:

- Dental medical services, which include preventive dental services and dental medical treatments, are provided for:

- children aged 0 to 18 years, for whom the health insurance house offsets 100% of the maximum medical service rate;

- insured individuals aged more than 18 years, for whom the health insurance house offsets different percentages of the maximum medical service rate;

- insured individuals benefiting of special laws (Law No 51/1993, Law no 44/1994, Law No 341/2004), for whom 100% is offset if the services are provided in State-owned civil or military medical units, otherwise, the offsetting percentage being of 60%;

- other categories of insured individuals, beneficiaries of special laws, for whom the health insurance houses offset 100% of the medical service prices.

- Drugs with or without personal contribution, for treatment in ambulatory

According to G.D. No 720/2008, as further amended and supplemented:

The offsetting percentage of the medication pertaining to the DCIs foreseen on sub-list A is 90% of the reference price, of the ones in sub-list B is 50% of the reference price, of the ones in sections C1 and C3 from the sub-list C is 100% of the reference price and of the ones in sub-list D is 20% of the reference price.

The offsetting percentage of the drugs pertaining to the DCIs foreseen in sub-list B is 90% of the reference price, among which 50% is undertaken by the budget of the Unique National Health Insurance Fund and 40% from transfers from the budget of the Ministry of Health to the Fund's budget for the prescriptions whose value at the level of the reference price/prescription is up to RON 330/month and available to the retired persons with pensions up to RON 700 /month.

The maximum amount born by the health insurance houses from the Fund is that resulting from the application of the offsetting percentage to the reference price of the drugs in question.

Medical prescriptions compensated 100% of the reference price of drugs are released:

- for children aged up to 18 years, young people from 18 years up to age 26, if they are pupils, including high school graduates to the beginning of the academic year, but not more than 3 months, apprentices or students, if they do not receive earnings from labour;

- for pregnant women and childwives;

- for individuals suffering of illnesses taking advantage of gratuity under the legal provisions in force;

- for individuals specified in the special laws, who benefit of gratuity compensated by contribution from the Fund, as provided for by law.

- Sanitary units with beds

Hospitals bear the equivalent value of standard hotel services (standard accommodation and meals at the food allowance level) from the Fund for attendants of ill children aged of up to 3 years, as well as for attendants of severely or accentuated disabled individuals.

The insured individuals bear the equivalent value of the high-level hotel services (accommodation and meals), exceeding the standard level of comfort, they are provided with. Such equivalent value is established by each sanitary unit providing hospital medical services. For the sanitary units with beds, both private and public, the personal contribution of the insured individuals for such type of services is of maximum 300 Lei/day.

- Medical recovery assistance in hydropathical sanatoriums and medical recovery services in other sanatoriums and preventoria

In the hydropathical sanatoriums/sanatorium wards from hospitals, the personal contribution of the insured individuals represents 30 - 35% of the daily hospitalization rate negotiated.

For medical rehabilitation and recovery services provided in sanatoriums other than the hydropathical ones and preventoria, no contribution is charged to the insured individuals.

The maximum amount born by the health insurance houses from the Fund for each medical device or medical device type intended to the organic or functional disability in ambulatory, within the health insurance system, is represented by the reference price or the lease price, as the case may be. The reference price and the lease amount are established according to a methodology approved by the President of the National Health Insurance House. If the retail selling price or the lease amount for the medical device is higher than the reference price or the lease amount established according to a methodology approved by the President of the National Health Insurance House, the difference shall be born by the insured individual through a personal contribution to be paid directly to the relevant supplier.

C. Please confirm that in accordance with paragraph 2, the participation in costs is not required in case of pregnancy and childbirth and its consequences. If the system provides reimbursement of costs the beneficiary or his sponsor was forced to bear to obtain the benefits provided for in paragraph 1 (b), please provide any available information to illustrate that the beneficiary or his sponsor does not participate in the cost of these benefits.

In case of pregnancy, delivery and consequences, the medical services beneficiary or her wage earner must not undertake the costs of the medical services and, according to Law No 95/2006, republished, all the pregnant women and childwives are not required to undertake the costs for the medical services related to pregnancy monitoring, while those of them who have no income or have earnings lower than the national minimum net basic wage, are exempted from the payment of all medical services.

The equivalent value of drugs prescribed for pregnant women and childwives shall be born from the Fund at a level equal with their reference prices.

D. Please provide in detail all measures taken to implement the provisions of paragraphs 3 and 4 of this article.

As per Article 235 of the Law no. 95/2006, republished, for the purpose of preventing the illness, the early identification of illnesses and preserving the health, the insured individuals, directly or through the service providers with contracts concluded with the insurance houses, will be permanently informed by the insurance houses on the means to preserve their health, to reduce and avoid the causes of illness and on the dangers they expose to in case of drugs, alcohol and tobacco consumption.

II - 8. Qualifying period

Article 11. C102 and ECSS

The benefit specified in Article 10 shall, in a contingency covered, be secured at least to a person protected who has completed, or whose breadwinner has completed, such qualifying period as may be considered necessary to preclude abuse.

§1(f) Article 1. C102, §1(i) Article 1. ECSS

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

The legislation regulating the social health insurance system does not regulate a mandatory qualification period for the insured individual and the co-insured person. The individual is considered to be insured from the moment when the contribution is paid to the Unique National Health Insurance Fund. [Report 2015-ECSS], [Report 2010-C102]

II - 9. Minimum duration of Benefit

Article 12. C102 and ECSS

The benefit specified in Article 10 shall be granted throughout the contingency covered, except that, in case of a morbid condition, its duration may be limited to 26 weeks in each case, but benefit shall not be suspended while a sickness benefit continues to be paid, and provision shall be made to enable the limit to be extended for prescribed diseases recognised as entailing prolonged care.

i) Primary medical assistance

The basic package includes:

I. Curative medical services for medical – surgical emergencies, acute, sub-acute conditions, acute exacerbation of chronic illnesses and for chronic illnesses.

1. Emergency case: Between June 1^st 2011 and May 31^st 2016, asingle consult is settled for each person, for each established emergency case.

2. Acute/sub-acute illness episode or after acute exacerbation of chronic illnesses:

- Between June 1^st 2011 and May 31^st 2016, for each acute/sub-acute illness episode or after the acute exacerbation of chronic illnesses are settled maximum three consults per insured individual, required to establish the diagnosis, treatment and case progress, cumulated at the level of family physician and specialized physician in the clinical ambulatory;

- Between January 1^st 2012 and May 31^st 2014, for each acute/sub-acute illness episode or after the acute exacerbation of chronic illnesses were settled maximum four consults per insured individual, required to establish the diagnosis, treatment and case progress, cumulated at the level of family physician and specialized physician in the clinical ambulatory,

- Between June 1^st 2014 and May 31^st 2016 for each acute/sub-acute illness episode or after the acute exacerbation of chronic illnesses are settled maximum two consults.

3. Chronic illnesses

- Between June 1^st 2011 and May 31^st 2013, for the clinical and laboratory assessment, treatment prescription and evolution monitoring of the ill individuals suffering of one or several chronic illnesses are settled one monthly consult.

- Between June 1^st 2014 and May 31^st 2016, for all chronic illnesses is settled one consult per month per insured individual.

4. Active monitoring by an integrated management plan

- The initial assessment of the newly identified case after the first registration quarter, which might include: 4 consults with the family physician (between June 1^st 2014 and March 31^st 2015)/ 3 consultations may be granted by the family physician within a maximum of 3 consecutive months (between April 1^st 2015 and May 31^st 2016).

- The patient monitoring is carried out:

o on a quarterly base and includes 1 to 3 scheduled consults including the assessment of disease control, screening for complications, patient education, paraclinical investigations and treatment, between June 1^st 2014 and March 31^st 2015.

o two programmed consultations including the assessment of disease control, screening for complications, patient education, laboratory investigations and treatment and a new monitoring, all, are done after 6 consecutive months, calculated to the month in which it was conducted the second appointment in the previous monitoring of the case management, between April 1^st 2015 and May 31^st 2016.

II. Preventive and prophylactic medical services:

1.Between June 1^st 2011 and May 31^st 2016, the preventive consults are active periodical consults provided:

a) upon discharge from the maternity ward and at 1 month (at the child’s residence);

b) on 2, 4, 6, 9, 12,15,18, 24, 36 months;

c) once a year between 4 and 18 years old.

2. Monitoring the pregnancy and post-delivery evolution: (see Article 49 of Part VIII)

3. Consults for the purpose of immunization (consult and inoculation) were granted between June 1^st 2011 and March 31^st 2013, as follows:

- according to the national immunization program;

- tetanus recall vaccine to pregnant women as prophylactic prevention of tetanus to new born;

4. Preventive consults for the assessment of insured individuals aged of more than 18 years:

- between June 1^st 2011 and May 31^st 2014, upon the insured individual’s or family physician’s request, it is settled an annual consult as regular medical consult intended to prevent illnesses with major effects over morbidity and mortality to insured individuals aged of more than 18 years;

- between June 1^st 2014 and May 31^st 2016, preventive consults for the assessment of the individual risks of the asymptomatic adult are settled as follows:

§ for all asymptomatic individuals between 18 and 39 years old, once every 3 calendar years. Maximum 2 consults/ insured person is settled in the year in which the individual risk is assessed. For asymptomatic persons aged between 18 and 39 detected with high risk, the preventive assessment consults are granted once a year and maximum 2 consults/insured person are settled on an annual basis.

§ for all asymptomatic persons over 40 years, maximum 2 consults / insured person are settled on an annual basis.

5. Supervision and identification of endemic-epidemic potential illnesses

Between June 1^st 2011 and May 31^st 2016, one consult is settled per individual for each illness with suspected and confirmed endemic-epidemic potential.

6. Family planning services:between June 1^st 2011 and May 31^st 2016, maximum two consults per year are settled for each insured individual.

III. House calls are granted as follows:

- between June 1^st 2011 and December 31^st 2011, maximum 5 consults per week per physician;

- between January 1^st 2012 and May 31^st 2014, maximum 20 consults per month per physician with own list of insured individuals but not more than 3 consults per day;

- between June 1^st 2014 and May 31^st 2016,maximum 2 consults per each acute/sub-acute/exacerbation of chronic illness episode, maximum 4 consults per year for chronic illnesses and one consult per each emergency case.

IV. Additional medical services: the maximum number of general ultrasound scans, EKG examinations carrying out and interpretation which might be provided and performed by the family physician during one hour can not be higher than 3.

V. Support activities: the limits imposed by the specific nature of each document provided for in the basic package.

VI. Services of drug administration: upon physician’s prescription.

ii) Specialized medical assistance in clinical ambulatory

Payment for specialized medical assistance services in clinical ambulatory units and for acupuncture services shall be made based on the rate per medical service quantified in points or Lei.

The health insurance houses settle the equivalent value of the medical services based on rate expressed in points provided for in the basic services package to the specialized physicians, if those services are provided in their medical practices and their results are interpreted by the relevant physicians, by taking into account the number of points corresponding to each medical service and the value established for one point.

The total number of points reported for consults, medical services provided by specialized physicians and family planning services can not exceed the number of points resulted, according to the work schedule, according to the provisions of Annex 8 to the:

- Order No 864/538/2011, for the period between June 1^st 2011 and December 31^st 2011;

- Order No 1723/950/2011, for the period between January 1^st 2012 and March 31^st 2013;

- Order No 423/191/2013, for the period between April 1^st 2013 and May 31^st 2014;

- Order No 619/360/2014, for the period between June 1^st 2014 and March 31^st 2015;

- Order No 388/186/2015, for the period between April 1^st 2015 and May 31^st 2016.

The basic medical services package includes:

1. Medical services for medical – surgical emergencies:

- Between June 1^st 2011 and May 31^st 2016, a single consult is settled for each person, for each established emergency case, for which the first aid was provided or which was resolved within the medical practice / at the residence, except for children aged from 0 to 18 years, for whom maximum 2 consults are settled.

2. Acute/sub-acute illness episode and acute exacerbation of chronic illnesses

- Between June 1^st 2011 and December 31^st 2011, maximum 3 consults per insured individual were settled for the same acute/sub-acute illness episode, as required to establish the diagnosis, the treatment and the evolution of the case, cumulated at the level of the family physician and specialized physician(s) in the ambulatory specialized in clinical specializations.

- Between January 1^st 2012 and May 31^st 2014, maximum consults per insured individual were settled for the same acute/sub-acute illness episode, as required to establish the diagnosis, the treatment and the evolution of the case, cumulated at the level of the family physician and specialized physician(s) in the ambulatory specialized in clinical specializations.

- Between June 1^st 2014 and May 31^st 2016, maximum 3 consults per insured individual are settled for the same acute/sub-acute illness episode / exacerbation of chronic illnesses, within maximum 60 calendar days as of the date of the first consult, as required to establish the diagnosis, the treatment and the evolution of the case.

3. Chronic illnesses

- Between June 1^st 2011 and May 31^st 2014, one consult per month or quarter was settled for an individual suffering of chronic illnesses in order to carry out the clinical and paraclinical assessment, to prescribe the treatment and to monitor the health condition of the relevant individual.

- Between June 1^st 2014 and May 31^st 2016, maximum 4 consults per quarter for an insured individual are settled in order to carry out the clinical and paraclinical assessment, to prescribe the treatment and to monitor the health condition of the relevant individual, related to one or several illnesses treated within the same specialty, but not more than 2 consults per month.

4. Identification of illnesses with endemic-epidemic potential:

-Between June 1^st, 2011 and May 31^st, 2016, asingle consult per insured individual for each illness suspected and confirmed as having endemic-epidemic potential is settled.

5. Family planning services:

-Between January 1^st 2012 and March 31^st 2015, 2 consults for each case/diagnosis per calendar year was settled;

- Between April 1^st 2015 and May 31^st 2016, 4 consults per calendar year are settled for each insured individual.

6. Between June 1^st 2011 and May 31^st 2014, for phytotherapy and homeopathy, maximum 2 consults were settled for each case/diagnosis per calendar year.

7. Simple and complex diagnosis services and therapeutical/medical – surgical treatment services: the total number of points reported for consults and medical services provided by the physicians specialized in clinical specializations during a work schedule of 35 hours/week per physician/practice can not exceed the number of points resulted under the work schedule, according to the aforementioned (sub-paragraph (ii))

8. Healthcare services related to the medical act: the scoring for the healthcare services related to the medical act, which can be reported for one or several insured individuals, regardless of the type of related service, by the specialized physician who requested them, can not exceed:

- between June 1^st 2011 and May 2014: an average of 40 points per day,

- between June 1^st 2014 and May 31^st 2016: an average of 90 points per day

owed to that/those who provide such services, except for the pediatric psychiatrist, whose scoring can exceed an average of 150 points per day, starting with April 1^st 2015.

9. Pregnancy and post-partum condition monitoring services (see Article 49 of Part VIII)

10. Acupuncture services: the insured individuals are entitled to maximum 2 consults / cure/ calendar year per insured individual settled by the Unique National Health Insurance Fund (one consult for each treatment cure). One cure is represented in average by 10 days of treatment and 4 procedures per day.

Medical assistance in the specialized ambulatory for the clinical medical rehabilitation specialization

The basic medical services package includes:

- between June 1^st 2011 and May 31^st 2014: maximum 2 consults were settled, where each treatment cure prescribed should be preceded by a consult and the cure should start within maximum 30 calendar days as of the consult date. The health insurance houses could settle a second consult during a cure or at the end of each cure, within maximum 10 calendar days as of the date of the relevant cure end. In case no treatment cure was prescribed to the insured individual, the health insurance house could settle 2 consults. A cure is represented in average by 10 days of treatment and 4 procedures per day;

- between April 1^st 2013 and May 31^st 2014: in addition to the aforementioned, 4 cures per calendar year were settled for children from 0 to 16 years old;

- between June 1^st 2014 and May 31^st 2016 are settled the following:

1. The initial specialized medical consult;

2. The reassessment consult;

3. The series of specific medical rehabilitation procedures established by the physician specialized in medical rehabilitation settled for an insured individual include maximum 4 procedures/ treatment day. The period of time for which such specific medical rehabilitation procedures are granted is of maximum 21 days/year/insured individual, both for children and adults, except for children from 0 to 18 years old with cerebral paralysis diagnosis confirmed, in such cases being settled specific medical rehabilitation procedures for a period of maximum 42 days per year/ insured individual. For each series of specific procedures, one initial consult and one reassessment consult are settled. If no series of specific medical rehabilitation procedures are prescribed to an insured individual, he/she can take advantage of 3 consults settled, per quarter, for same illness.

Dental medical assistance

The basic dental treatment and dental preventive services (between June 1^st 2011 and May 31^st 2016) included the following:

- one consult every 12 months settled for one insured individual;

- one acrylic removable dental prosthesis settled once every 5 years;

- sealing/tooth, procedure settled every 2 years.

For children from 0 to 18 years old, the preventive dental medical services are settled quarterly and for young people from 18 to 26 years old, if they are pupils or students without any personal earnings, such services are settled twice a year.

Drugs with or without personal contribution prescribed in ambulatory

Periods of time for which drugs can be prescribed are of maximum 7 days, for acute illnesses, 8 - 10 days, for sub-acute illnesses, and, respectively, up to 30/ 31 to 90/92 days, for chronic illnesses. For chronic illnesses, physicians can prescribe drugs, with or without personal contribution, by complying with the following requirements:

- between June 1^st 2011 and May 31^st 2014:

a) for sub-lists A and B: a single monthly prescription for maximum 7 drugs is settled, provided that the total amount of the drugs from sub-list B calculated at the level of the reference prices, is up to Lei 330 per month;

b) if, during a month, a drug from sub-list B marked with #, with a maximum amount for the monthly treatment exceeding Lei 330, is prescribed, then in the relevant month, should not be prescribed other drugs from the sub-list B;

c) for retired insured individuals with earnings from pension of up to 700 Lei/month, a single prescription for drugs from sub-list B, with an amount of up to Lei 330 and maximum 3 such drugs is allowed, if the relevant retired insured individuals are not entitled to drugs from sub-list B under a compensation of 90% of their reference price, according to the requirements provided for in sub-paragraphs a) and b). If they are entitled to such compensation, the physician can prescribe them maximum 7 drugs from sub-lists A and B;

d) for drugs from sub-list C, section C1: a single monthly prescription for maximum 3 drugs is allowed per each illness code;

e) for drugs from sub-list C, section C3: a single monthly prescription for maximum 4 drugs is allowed per each illness code.

- between June 1^st 2014 and May 31^st 2016:

a) for drugs from sub-lists A, B and D: one/several prescription(s) per month, provided it/they does/do not exceed, cumulative, 7 different drugs on all the prescriptions from that month. The total amount of drugs from sub-list B, calculated at the level of reference prices, should be up to 330 Lei per month;

d) for drugs from sub-list C, section C1: a single monthly prescription or maximum two monthly prescriptions, for maximum 3 drugs is allowed per each illness;

e) for drugs from sub-list C, section C3: a single monthly prescription for maximum 4 drugs is allowed per each illness code.

By exception, in case of drugs provided for in Table II from the Annex to the Law No 339/2005 on the legal regime of plants, substances and preparations with narcotic and psychotropic content, as further amended and supplemented, physicians are allowed to release several prescriptions for those drugs to the same insured individual, according to the legal provisions in force.

The hospital medical services are provided and settled for insured individuals until their full healing.

In the hydropathical sanatoriums, the hospitalization periods settled are:

- between June 1^st 2011 and December 31^st 2011: therapeutic hydropathical assistance: 18 to 21 days and medical recovery hydropathical assistance: 21 to 30 days;

- between January 1^st 2012 and May 31^st 2014: therapeutic hydropathical assistance: 10 to 14 days and medical recovery hydropathical assistance: 14 to 21 days

- between June 1^st 2014 and May 31^st 2016: medical rehabilitation services: 14 to 21 days per year per insured individual granted in a single episode containing minimum 4 procedures per day.

(b) limit or limits of the diseases recognized as requiring extended care.

2. Please indicate, on Article 68, if there are provisions for suspension of medical benefits referred to in Article 10, for each system.

The insured individual shall pay a monthly money contribution for the health insurances. The individuals not proving their capacity of insured, 3 months as of the date of the last contribution payment, shall benefit only of the medical services included in the minimum medical services package according to the provisions la Law No 95/2006, republished.

Part III. Sickness Benefit

Information sources:

1. 4th Report on the fulfilment of the European Code of Social Security submitted by Romania for the period from 1st July 2014 to 30th June 2015.

2. 3^rd Report on the fulfilment of the European Code of Social Security submitted by Romania for the period from 1st July 2013 to 30th June 2014.

3. Report on the Social Security (Minimum Standards) Convention, 1952 (No. 102) (first report). Reference year 2010.

List of applicable legislation* [PNL↑]

· Government Emergency Ordinance No 158/2005 on the medical leaves and health insurance benefits, with the subsequent amendments and supplements (initial form published in the Official Gazette No 1074 of November 29^th, 2005), as further completed or amended;

· Order of the Minister of Health and of the President of the National Health Insurance House no. 60/32, dated January 27^th, 2006 for the approval of the application norms of the Government Emergency Order no. 158/2005 on the leaves of absence and health insurance benefits, with the subsequent amendments and supplements (initial form published in the Official Gazette no. 147, dated February 16^th, 2006), as further completed or amended;

· Order of the Minister of Health and of the President of the National Health Insurance House no. 233/125/2006 approving the single medical leave certificate model and the instructions for the use and filling-in of the medical leave certificate based on which benefits are granted to the insured people within the health insurance system;

· Law No 227/2015 on the Fiscal Code, as further completed and amended;

· Government Decision No 1/2016 approving the Methodological Norms for the implementation of Law No 227/2015 on the Fiscal Code, as further completed and amended.

III - 1. Regulatory framework

Article 13. C102 and ECSS

Each Member (Contracting Party) for which this Part of this Convention (Code) is in force shall secure to the persons protected the provision of sickness benefit in accordance with the following Articles of this Part.

Please give a general description of the design of the scheme and of the objectives of national policy illustrated, if necessary, by the relevant statistical information.

III - 2. Contingency covered

Article 14. C102 and ECSS

The contingency covered shall include incapacity for work resulting from a morbid condition and involving suspension of earnings, as defined by national laws or regulations.

Please indicate the degree of incapacity for work prescribed for entitlement to the benefit provided in accordance with Article 14 of C102 and the ECSS.

III - 3. Persons protected

Article 15. C102 and ECSS

The persons protected shall comprise:

(a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or

(b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents; or

(c) all residents whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67.

A. The sub-paragraph applicable in the national legislation is (b); [Report 2015-ECSS]

Within the social insurance system, to the leave allowance and health security benefits is applicable the sub-paragraph b) of Article 15.

B. The protected persons according to this article are insured persons, Romanian citizens, foreign citizens or stateless ones, which, according to the law, have a residence in Romania, especially:

- persons with individual labour contracts or based on the service report, as well as any other dependant activities;

- persons rendering activities in elective functions or appointed within the executive, legislative

or court authority, during the mandate;

- members of handicraft cooperatives organizations;

- the unemployed (receiving monthly financial benefits from the unemployment insurance budget).

The following persons also take advantage of the same rights, although they are not in same situations:

a. shareholders, limited partners and stakeholders;

b. members of family businesses;

c. individuals authorized to carry out independent activities;

d. persons concluding social insurance contracts for leaves of absence and maternity allowances and leaves of absence and allowances for the care of a sick child, provided they started to pay the contribution up to January 1st, 2006.

f. wife / spouse of the owner of individual undertaking / authorized person (freelancers) who, without being registered / recorded with the Trade Register and authorized to operate himself / herself as the owner of the individual undertaking / authorized person, or, without being an employee, participates in the usual activities of the individual undertaking / authorized person, performing the same tasks or ancillary tasks.

C. Please provide statistical information related to this Article, as follows:

i. if applicable sub-paragraph (a) in the form provided for in Title I, according to Article 74; or

N/A

ii. if applicable sub-paragraph (b) in the form provided for in Title I, according to Article 74; or

A. The average number of active persons, on national level, insured for leaves of absence and indemnities foreseen in the social health insurance system was as follows:

Period/Year	Average Number
June 1^st 2011 – May 30^th 2012	4 894 637
June 1^st 2012 – May 30^th 2013	4 957 523
June 1^st 2013 – May 30^th 2014	4 961 891
June 1^st 2014 – May 30^th 2015	5 102 849

B. Overall number of residents[1]

C. Average number of active individuals, on national level, protected (A iii.) as percentage of the overall number of residents (B).

Please state the calculation method and provide reference data.

iii. if applicable sub-paragraph (c) in the form provided for in Title I, according to Article 74.

N/A

D. When applying Article 6 (voluntary insurance) for all or any system, please provide the information referred to in Article 6, as provided for in Article 6.

N/A

III - 4. Calculation of Benefit

Article 16. C102 and ECSS

1. Where classes of employees or classes of the economically active population are protected, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66.

2. Where all residents whose means during the contingency do not exceed prescribed limits are protected, the benefit shall be a periodical payment calculated in such a manner as to comply with the requirements of Article 67; [provided that a prescribed benefit shall be guaranteed, without means test, to the prescribed classes of persons determined in accordance with Article 15. a or b - ECSS].

RF/C102/ECSS:

A. If sub-paragraph (a) or (b) of Article 15 applies to determine the persons protected, please indicate whether for the calculation of the benefit were applied the provisions of Article 65 or those of Article 66.

Please provide information under this Article as follows:

i. if applicable Article 65, as set out in Titles I, II and V of Article 65;

ii. whether Article 66 applies, as set out in Titles I, II and V of Article 66.

Please provide information under this Article as follows:

i. if applicable Article 65, as set out in Titles I, II and V of Article 65;

A. The calculation basis of the indemnity is established as an average monthly income during the past six months of 12 which represents the qualifying period, up to the limit of 12 national minimum wages, used to calculate the contribution for leaves of absence and indemnities.

The gross amount of the monthly indemnity for temporary labour incapacity is established by a 75% application at the mentioned calculation base.

The gross amount of the monthly indemnity for temporary labour incapacity, caused by tuberculosis, AIDS, cancer, malignant illness or infectious diseases from group A and surgical emergency is 100% of the calculation basis.

The qualifying period in the health insurance system is obtained by summing the periods for which the contribution for medical leave allowance and indemnities is paid by the employer or insured individual, as the case may be, respectively, by the Fund in case of work accidents or occupational diseases, or from the unemployment insurance budget.

The minimum qualifying period entitling to rights is one month worked during the last 12 months previous to the month of medical leave.

The insured individuals shall be entitled to medical leave and indemnities for temporary work incapacity without meeting the mandatory qualifying period requirement in case of medical – surgical emergencies, tuberculosis, infectious-contagious diseases of group A, neoplasia and HIV.

ii. whether Article 66 applies, as set out in Titles I, II and V of Article 66.

N/A

B. Whether, if case of Article 15 applies sub-paragraph (c) to determine the persons protected, please provide information for this Article as set out in Title I, II and V of Article 67 or in Title I of Article 66.

If it applies to sub-paragraph (d) of Article 67, please provide information as set out in different titles of Article 67.

N/A

C. Please indicate what measures have been taken to ensure, regardless of income, a benefit set for a class of people, as determined under Article 15 (a) or (b).

III - 5. Qualifying period

Article 17. C102 and ECSS

The benefit specified in Article 16 shall, in a contingency covered, be secured at least to a person protected who has completed such qualifying period as may be considered necessary to preclude abuse.

§1(f) Article 1. C102, §1(i) Article 1. ECSS

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

The minimum qualifying period entitling to rights is one month worked during the last 12 months previous to the month of medical leave.

III - 6. Minimum duration of Benefit

Article 18. C102 and ECSS

The benefit specified in Article 16 shall be granted throughout the contingency, except that the benefit may be limited to 26 weeks in each case of sickness, [in which event it – C102] [and - ECSS] need not be paid for the first three days of suspension of earnings.

1. Please specify for each system, if the benefit duration of sickness is limited and if so, please indicate the limit or the limits and how they are determined. Please indicate if there is a qualification period and, if any, indicate the length of this period and the rules for its calculation.

The period of the temporary labour incapacity is 90 days from the first day of incapacity, which can be extended with the endorsement of the expert physician of the social securities, up to 183 days in one year, calculated from the first day of the illness. In justified cases, the possibility to recover the labour capacity, the medical leave can be extended beyond the 183 days up to 90 days.

For some cases (special illnesses foreseen by the law) the period of the leave of absence and indemnities is higher (cardiovascular diseases, malignant illness, tuberculosis, cancer, AIDS, etc. – Article 13, paragraph (3) of EGO no. 158/2005, with the subsequent amendments and supplements).

2. Please indicate, on Article 68, if there are provisions for suspension of benefits for sickness, for each system.

Reply: Payment of indemnities shall cease on the day next to that on which:

a) the beneficiary deceased;

b) the beneficiary does no longer meet the legal requirements for being entitled to indemnities;

c) the beneficiary established its residence on the territory of another State not having a social security convention concluded with Romania;

d) the beneficiary established its residence on the territory of another State having a social security convention concluded with Romania, which provides for the payment of such indemnities by the other State in question.

Part IV. Unemployment benefit

Information sources:

1. Report for the Employment Promotion and Protection against Unemployment Convention 1988 (No.168). Reference year 2011.

2. 2^nd Report on the fulfilment of the European Code of Social Security submitted by Romania for the period from 1st July 2012 to 30th June 2013.

List of applicable legislation* [PNL↑]

IV - 1. Regulatory framework

Ø Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012) – due in 2016

Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168) - Romania (Ratification: 1992)

In its comments on the application of the Convention, which the Office received on 1 September 2010, the Block of National Trade Unions states that, in Romania, the public sector is in the process of laying off more than 80,000 workers and, in circumstances where unemployment is on the rise and job offers are declining, it is difficult to speak about workers’ protection against unemployment. In its reply to these observations, dated 15 January 2010, the Ministry of Labour, Family and Social Protection of Employment states that unemployed persons shall still be entitled to unemployment benefits even if these benefits have been reduced by 15 per cent since July 2010 because of the unfavourable economic environment. No additional conditions have been introduced to Act No. 76/2002 of 16 January 2002 on the unemployment insurance scheme and employment promotion in order to be eligible for benefits. A number of measures have been taken with a view to reducing the effects of the economic crisis on the labour market, preventing the laying off of an important number of persons and supporting job creation, such as the exemption from payment of income tax and social contributions on benefits granted to employees during temporary suspension of activities for maximum 90 days (Government Emergency Ordinance No. 4/2010 on social protection measures) and a partial reduction of the labour costs for employers of unemployed persons (Government Emergency Ordinance No. 13/2010 regulating certain measures to stimulate job creation and the reduction of unemployment). The Ministry also refers to the capacity of the members representing the social partners in the Governing Body of the National Employment Agency. Noting that Act 118 of 29 June 2010, which reduced employment benefits by 15 per cent, was applicable until 31 December 2010, the Committee invites the Government to keep it informed on the further legislative developments with respect to protection against unemployment.

Please give a general description of the design of the scheme and of the objectives of national policy illustrated, if necessary, by the relevant statistical information.

IV - 2. Contingencies covered

Article 10. C168

1. The contingencies covered shall include, under prescribed conditions, full unemployment defined as the loss of earnings due to inability to obtain suitable employment with due regard to the provisions of Article 21, paragraph 2, in the case of a person capable of working, available for work and actually seeking work.

2. Each Member shall endeavour to extend the protection of the Convention, under prescribed conditions, to the following contingencies -

(a) loss of earnings due to partial unemployment, defined as a temporary reduction in the normal or statutory hours of work; and

(b) suspension or reduction of earnings due to a temporary suspension of work, without any break in the employment relationship for reasons of, in particular, an economic, technological, structural or similar nature.

3. Each Member shall in addition endeavour to provide the payment of benefits to part-time workers who are actually seeking full-time work. The total of benefits and earnings from their part-time work may be such as to maintain incentives to take up full-time work.

Law 76/2002 on the unemployment insurance system and employment stimulation, as subsequently amended and supplemented, defines as the unemployed - the person who fulfils the following conditions [PNL?]:

a) is looking for a job from the age of 16 years old and until the fulfilment of conditions for retirement;

b) health and physical and mental capabilities render this person suitable for the execution of work;

c) has no job, do not earn an income or the income from activities authorized by law is lower than the social reference indicator of unemployment benefit and boost of employment, in force;

d) is available to start work in the near future, if this person would find a job. According to art. 17 para. (1), to establish the right to unemployment benefit, the unemployed referred to in art. 16 letter. a) are the persons who are in one of the following situations:

a) they have ceased employment relationship for reasons not attributable to them

b) their relationship ended for reasons not attributable to their service;

c) the mandate for which they were appointed or elected has ceased, if previously they haven’t been employed or if their return to their previous work is no longer possible due to the cessation of business of the employer;

d)the duration for which soldiers were employed on a contract basis has expired or their contract was terminated for reasons not attributable to them

e) the employment relationship as a co-operative member ceased, for reasons not attributable to them

f) have concluded unemployment insurance contracts and do not earn incomes or the income from activities authorized by law is lower than the social reference indicator of unemployment;

g) stopped their activity as a result of disability retirement and subsequently regained the ability to work and failed to be employed;

h) have ceased employment or service relationship for reasons not attributable to them within the period of suspension, according to the law;

j) reintegration into work, ordered by final court decision is no longer possible to units where they were previously employed, for reasons of definitive cessation of activities or to units which have taken their patrimony;

k) have stopped their activity carried out exclusively on civil convention.

Unemployed persons mentioned at art. 17 ( 1) receive unemployment benefit if they meet all according to article 34 (1) of Law N76/2002 the following conditions together:

a) have a minimum contribution period of 12 months in the last 24 months preceding the filing of application form;

b) do not earn an income or the income from activities authorized by law is lower than the social reference indicator of unemployment benefit in force;

c) do not qualify for retirement, according to law;

d) are registered with employment agencies in whose jurisdiction they reside or where appropriate, residence, if they had their last job or income in that locality.

The unemployed who earn incomes from activities authorized by law, are entitled to receive unemployment benefit, if they prove that those incomes do not exceed the reference indicator of social insurance for unemployment and stimulation of employment, in force, in the month of reference.

The activities authorized by law are the economic activities carried out by authorized individuals, individual enterprises and / or family businesses, according to the law or the exercise of liberal professions according to special legal provisions.

Also, for persons employed with a temporary labour contract, the contribution period is determined depending on the duration of each mission, i.e. how much time people are available to temporary work agent, between missions. [Report 2011-C168]

Article 10 paragraph 3

The legal framework governing the protection of individuals against unemployment does not confer the right to unemployment benefit to persons working part time and looking for a job with a normal duration.

According to the Article 17 (1) of Law 76/2002, for employees with individual part-time employment contract who loose their job, the contribution period required to qualify for unemployment benefit is determined proportionaly with the period worked, by cumulating stages achieved on the basis of individual part-time labour contracts.

The contribution period for an individual part time labour contract is determined as the ratio of working time for which the individual part-time labour contract was concluded and the normal duration of working hours. [Report 2011-C168]

Il faut noter que les personnes embauchées en contrat individuel de travail à temps partiel, dont les relations de travail ont cessées pour des raisons qui ne leur sont pas imputables, peuvent bénéficier d’indemnité’ de chômage, dans les conditions prévues par les dispositions légales précitées.

En vertu de l’article 103 de la Loi no. 53/2003 - le Code du travail, republié, le salarié travaillant à temps partiel est un salarié dont le nombre d’heures normales de travail, calculées mensuellement ou à partir de la moyenne mensuelle, est inférieur au nombre d’heures normales de travail d’un salarié travaillant à temps plein qui occupe un emploi similaire.

Comme le prévoit l’article 104 alinéa (1) de la loi précitée, l’employeur peut embaucher des salariés à temps partiel en contrat à durée indéterminée ou à durée déterminée.

Selon les dispositions de l’article 107 alinéa (1) de la loi susmentionnée, l’employeur est tenu, dans la mesure du possible, de tenir compte des demandes faites par les salaries qui souhaitent passer soit d’un emploi à temps plein a un emploi à temps partiel, soit d’un emploi à temps partiel a un emploi à temps plein ou qui souhaitent augmenter le temps de travail, lorsque cette opportunité se présente.

Conformément à l’alinéa (2) de l’article précité, l’employeur est tenu d’informer, sans délai, les employés de tous emplois à temps plein ou à temps partiel nouvellement créés pour faciliter le passage d’un emploi à temps plein a un emploi à temps partiel ou en sens inverse. Cette information est donnée par affichage, au siège de l’employeur.

[Report 2011-C168. Réponse à la Demande directe de la Commission d’Experts pour l’Application des Conventions et Recommandations relatif à la C168]

Ø Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012) – due in 2016

Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168) - Romania (Ratification: 1992)

Article 10(3) of the Convention. Benefits for part-time workers who seek full time work. The Government states that according to section 107(1) of the Labour Code, the employer should take into account, as far as possible, the requests made by part-time workers who wish to work fulltime and is bound to inform them without delay about the available full time positions. However, the legal framework on the protection against unemployment does not foresee the payment of unemployment benefits to persons working part-time and looking for a job with a normal duration. In this connection, the Committee would like to draw the Government’s attention to the fact that Article 10(3) aims at a fair compensation for the loss of earnings for part-time workers who are seeking full time work so as not to discourage unemployed workers to take up part-time work as a means in assisting them to return to full-time work.

IV - 3. Persons protected

Article 11. C168

1. The persons protected shall comprise prescribed classes of employees, constituting not less than 85 per cent of all employees, including public employees and apprentices [PNL↑].

2. Notwithstanding the provisions of paragraph 1 above, public employees whose employment up to normal retiring age is guaranteed by national laws or regulations may be excluded from protection.

Article 11, question 1

Selon les dispositions de l’article 18, les alinéas (1) et (2) de la Loi no. 76/2002, (see under Part III) modifiée et complétée ultérieurement, sont assurées par le système d’assurance chômage, dans les conditions de ladite loi, les personnes suivantes

a) les citoyens roumains occupant un emploi ou percevant des revenus en Roumanie, dans les conditions de la loi, pourvu qu’ils ne soient pas des retraités

b) les citoyens roumains travaillant a l’étranger, dans les conditions de la loi

c) les citoyens étrangers ou les apatrides qui, ou cours de la période ou ils ont leur domicile ou leur résidence en Roumanie, occupent un emploi ou perçoivent des revenus, dans les conditions de la loi.

Conformément à l’article 19 de la loi précitée, sont assujetties a titre obligatoire au système d’assurance chômage, en vertu de la loi, les catégories de personnes suivantes:

a) les personnes qui exercent des activités sous contrat de travail individuel ou sous contrat de travail temporaire, dans les conditions de la loi, pourvu qu’elles ne soient pas des retraités

b) les fonctionnaires publics et autres personnes qui exercent des activités en vertu d’un

arête de nomination

c) les personnes qui occupent des fonctions électives ou qui sont nommées pour faire partie de l’autorité exécutive, législative ou judiciaire, pendant 1a durée de leur mandat

d) les soldats et les gradés volontaires

e) les personnes ayant des relations de travail en tant que membres coopérateurs

f) autres personnes percevant des revenus issus des activités exercées conformément a la loi et qui ne se trouvent pas dans l’une des situations visées aux lettres a) - e), pourvu que les revenus de ces personnes soient soumis, à titre obligatoire, aux cotisations d’assurance chômage. [[Report 2011-C168]

RF/168 : [STAT↑]

Please furnish the following statistical information:

A. Number of employees protected:

(i) under the general scheme……………………...................

(ii) under special schemes:

scheme…………………………………………………………….

scheme……………………………………………………………

(iii)Total………………………………………………………………

B. Total number of employees, including public employees and apprentices (if recourse is had to paragraph 1) ………………………………………………………..

IV - 4. Method of protection

Article 12. C168

1. Unless it is otherwise provided in this Convention, each Member may determine the method or methods of protection by which it chooses to put into effect the provisions of the Convention, whether by a contributory or non-contributory system, or by a combination of such systems. [???]

2. Nevertheless, if the legislation of a Member protects all residents whose resources, during the contingency, do not exceed prescribed limits, the protection afforded may be limited, in the light of the resources of the beneficiary and his or her family, in accordance with the provisions of Article 16.

Article 13. C168

Benefits provided in the form of periodical payments to the unemployed may be related to the methods of protection.

IV – 5. Calculation of Benefit

Article 14. C168

In cases of full unemployment, benefits shall be provided in the form of periodical payments calculated in such a way as to provide the beneficiary with partial and transitional wage replacement and, at the same time, to avoid creating disincentives either to work or to employment creation. [???]

Article 15. C168

1. In cases of full unemployment and suspension of earnings due to a temporary suspension of work without any break in the employment relationship, when this contingency is covered, benefits shall be provided in the form of periodical payments, calculated as follows:

(a) where these benefits are based on the contributions of or on behalf of the person protected or on previous earnings, they shall be fixed at not less than 50 per cent of previous earnings, it being permitted to fix a maximum for the amount of the benefit or for the earnings to be taken into account, which may be related, for example, to the wage of a skilled manual employee or to the average wage of workers in the region concerned;

(b) where such benefits are not based on contributions or previous earnings, they shall be fixed at not less than 50 per cent of the statutory minimum wage or of the wage of an ordinary labourer, or at a level which provides the minimum essential for basic living expenses, whichever is the highest;

3. If appropriate, the percentages specified in paragraphs 1 and 2 may be reached by comparing net periodical payments after tax and contributions with net earnings after tax and contributions.

Article 16. C168

Notwithstanding the provisions of Article 15, the benefit provided beyond the initial period specified in Article 19, paragraph 2 (a), as well as benefits paid by a Member in accordance with Article 12, paragraph 2, may be fixed after taking account of other resources, beyond a prescribed limit, available to the beneficiary and his or her family, in accordance with a prescribed scale. In any case, these benefits, in combination with any other benefits to which they may be entitled, shall guarantee them healthy and reasonable living conditions in accordance with national standards.

RF/168: please indicate whether and, if so, the manner in which Article 16 is applied.

According to para.(2) of Article 39 of Law 76/2002, the unemployment indemnity provided in para.(1) is an amount granted monthly that varies function of the period of contribution, as follows:

a) 75% of the value of the reference social indicator for unemployment insurance and employment stimulation in force, for persons with a period of contribution of at least 1 year;

b) the amount provided in para.a) to which is added an amount calculated by applying, to the average gross monthly wage over the last 12 months of contribution, a percentage quota differentiated function of the period of contribution.

As provided in para.(3) of the same Article, the percentage quotas differentiated function of the period of contribution, provided in para.(2) b), are as follows:

a) 3% for persons with a period of contribution of at least 3 years;

b) 5% for persons with a period of contribution of at least 5 years;

c) 7% for persons with a period of contribution of at least 10 years;

d) 10% for persons with a period of contribution of at least 20 years.

According to Art.39 (4) of Law No.76/2002, with its subsequent changes and complements, for the persons who had been insured based on an unemployment insurance contract, the monthly income declared in the unemployment insurance contract will be taken into account upon determining the amount calculated by applying a percentage quota differentiated function of the period of contribution, provided in para.(2) b) of the same Article.

According to Art.19¹ (1) of the Methodological Norms for implementing Law No.76/2002, approved by Decision of the Government No.174/2002, with its subsequent changes and complements, the term gross base monthly salary over the past 12 months of contribution period, provided in Art.39 (2) b) of the law, represents the monthly basis for calculating the individual contribution to the Unemployment Insurance Fund, provided in Title IX² «Compulsory social contributions» of Law No.571/2003 on the Fiscal Code, with its subsequent changes and complements, over the last 12 months of the period of contribution.

According to para.(2) of the same Article, for the persons who had been insured based on an unemployment insurance contract, upon determining the amount calculated by applying a percentage quota differentiated function of the period of contribution, provided in Art.39 (2) b) of the law, will be taken into account the monthly income declared in the unemployment insurance contract, under the law, and for which the contributions due to the Unemployment Insurance Fund, provided in Art.28 of the law, have been paid.

According to Art.164 (1) of Law No.53/2003 – the Labour Code, re-published, the minimum guaranteed base gross salary at national level, for normal working hours, is set by Decision of the Government, following consultations with the trade unions and employer organisations. In case the normal working hours are, according to the law, less than 8 hours a day, the hourly minimum base gross salary is calculated as a ratio between the minimum base gross salary at national level and the average monthly working hours, according to the approved legal working hours. [Report 2015-ECSS]

IV – 6. Qualifying period

Article 17. C168

1. Where the legislation of a Member makes the right to unemployment benefit conditional upon the completion of a qualifying period, this period shall not exceed the length deemed necessary to prevent abuse.

2. Each Member shall endeavour to adapt the qualifying period to the occupational circumstances of seasonal workers.

Article 17 question 1

As regards unemployment benefits. according to Art.5 V of Law No.76/2002, with its subsequent changes and complements, the contribution period is the period for which the unemployment insurance contribution is due both by the insured person and the employer or, as the case may be, only by the insured person, as well as the period for which the persons insured in the unemployment insurance system by concluding an unemployment insurance contract are due and have paid their unemployment insurance contribution.

As clearly stated in Art.34 (1) of the said legal document, the unemployed provided in Art.17 (1) of the law benefit from unemployment indemnity if they cumulatively meet a number of conditions, including a period of contribution to the unemployment insurance system of at least 12 months in the 24 months prior to the date when their unemployment application is registered. [Report 2015-ECSS]

Il faut préciser que la loi précitée ne prévoit pas que cette durée minimale de cotisation doit être effectuée pendant une période travaillée sans interruption, au cours des 24 derniers mois, mais seulement que ladite durée doit être effectuée au cours des 24 derniers mois précédant la date de l’inscription de la demande d’indemnité’ de chômage.

Il faut noter que pour les personnes assimilées aux chômeurs, visées à l’article (2) de la loi précitée, ne s’impose pas la nécessité d’accomplir la condition visant la durée de cotisation dans le système d’assurance chômage, mais il est nécessaire, conformément à l’article 34 alinéa (3) de la loi précitée, que ces personnes soient inscrites auprès des agences pour l’emploi dans le ressort desquelles elles ont leur domicile, qu’elles ne perçoivent pas de revenus ou qu’elles perçoivent, en exerçant des activités autorisées en conformité avec la loi, des revenus inférieurs au valeur de l’indice social de référence pour l’assurance chômage et l’incitation à l’emploi, en vigueur, et qu’elles ne remplissent pas les conditions de retraite, conformément à la loi.

Selon l’article 37l alinéa (1) de la loi no. 76/2002, pour déterminer la durée minimale de cotisation de 12 mois au cours de 24 mois précédant la date de l’inscription, visée à l’article 34 alinéa (l) lettre a), on ne doit pas prendre en considération les périodes reconnues comme durée de cotisation qui ont été utilisées antérieurement pour l’établissement et l’ouverture du droit a l’indemnisation du chômage. [Report 2011-C168]

Ø Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012) – due in 2016

Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168) - Romania (Ratification: 1992)

Article 17. Qualifying period. On the basis of the available information, the Committee understands that the Government has modified the eligibility conditions for unemployment benefits under section 34(1) of Law No. 76/2002 which requires 12 months of contributions during the last 24 months preceding the application for unemployment benefits; a minimum of 12 months of contributions is also required in between two successive applications for unemployment benefits. The Committee requests the Government to confirm this information and provide the applicable legislative provisions. It also requests the Government to indicate whether special rules have been adopted for seasonal workers in conformity with Article 17(2) of the Convention, and, if so, what are these rules.

IV - 7. Waiting Period

Article 18. C168

1. If the legislation of a Member provides that the payment of benefit in cases of full unemployment should begin only after the expiry of a waiting period, such period shall not exceed seven days.

2. Where a declaration made in virtue of Article 5 is in force, the length of the waiting period shall not exceed ten days.

3. In the case of seasonal workers the waiting period specified in paragraph 1 above may be adapted to their occupational circumstances.

Article 18, question 1

En vertu de l’article 38 alinéa (1) de la loi no. 76/2002, modifiée et complétée ultérieurement, l’indemnité de ch6mage est accordée aux personnes visées à l’article 17, sur demande, 1e cas échéant, dès la date:

a) de cessation des relations de travail

b) de cessation des relations de service

e) de cessation du mandat pour lequel les personnes concernées ont été nommées ou élues

d) de fin de contrat ou de rupture de contrat des militaires embauchés sous contrat

e) de cessation de la qualité de membre coopérateur

f) de cessation du contrat d’assurance chômage

g) de cessation du motif qui a justifié la mise à la retraite

h) de cessation du motif qui a justifié la suspension des relations de travail ou de service

j) à laquelle la décision de justice est définitive

k) de cessation de l’activité déployée exclusivement dans le cadre d’une convention civile

1) de l’expiration de la période de 60 jours, visée à l’article 17 alinéa (2) lettre a)

m) de fin des études, pour les situations visées à l’article 17 alinéa (2) lettre b)

Conformément à l’alinéa (2) de l’article précité, l’indemnité de chômage est versée à partir de la date Visée à l’alinéa (1) lorsque la demande est enregistrée à l’agence pour l’emploi, dans un délai de 10 jours à partir de cette date.

Selon les dispositions de l’alinéa (3) dudit article, lorsque la demande est enregistrée après l’expiration du délai de 10 jours, mais pas plus tard que 12 mois après la date visée à l’alinéa (1), l’indemnité de chômage est accordée à partir de la date de l’inscription de la demande.

Le délai de 12 mois maximum Visé à l’alinéa (3) entraine la déchéance des droits, comme le précise l’alinéa (4) de l’article précité. [Report 2011-C168]

IV - 8. Minimum duration of Benefit

Article 19. C168

1. The benefits provided in cases of full unemployment and suspension of earnings due to a temporary suspension of work without any break in the employment relationship shall be paid throughout these contingencies.

2. Nevertheless, in the case of full unemployment-

(a) the initial duration of payment of the benefit provided for in Article 15 may be limited to 26 weeks in each spell of unemployment, or to 39 weeks over any period of 24 months;

(b) in the event of unemployment continuing beyond this initial period of benefit, the duration of payment of benefit, which may be calculated in the light of the resources of the beneficiary and his or her family in accordance with the provisions of Article 16, may be limited to a prescribed period.

3. If the legislation of a Member provides that the initial duration of payment of the benefit provided for in Article 15 shall vary with the length of the qualifying period, the average duration fixed for the payment of benefits shall be at least 26 weeks.

4. Where a declaration made in virtue of Article 5 is in force, the duration of payment of benefit may be limited to 13 weeks over any periods of 12 months or to an average of 13 weeks if the legislation provides that the initial duration of payment shall vary with the length of the qualifying period.

5. In the cases envisaged in paragraph 2 (b) above each Member shall endeavour to grant appropriate additional assistance to the persons concerned with a view to permitting them to find productive and freely chosen employment, having recourse in particular to the measures specified in Part II.

6. The duration of payment of benefit to seasonal workers may be adapted to their occupational circumstances, without prejudice to the provisions of paragraph 2 (b) above.

Article 19, questions 1 et 3

According to Art.39 (1) of the said law, the unemployment indemnity is granted to the unemployed provided in Art.17 (1) of the law, over different periods, function of their period of contribution, as follows:

b) 6 months, for persons with a period of contribution of at least 1 year;

c) 9 months, for persons with a period of contribution of at least 5 years;

d) 12 months, for persons with a period of contribution of at least 10 years.

[Report 2015-ECSS]

Selon les dispositions de l’article 40 alinéa (1) de la loi précitée, l’indemnité' de chômage est versée aux chômeurs visés à l’article 17 alinéa (2) pendant une période de 6 mois et correspond à un montant fixe, non imposable, mensuel, dont le taux représente 50% de la valeur de l’indice social de référence pour l’assurance chômage et l’incitation à l’emploi, en vigueur à la date à laquelle celle-ci est établie. [Report 2011-C168]

IV - 9. Medical Care

Article 23. C168

1. Each Member whose legislation provides for the right to medical care and makes it directly or indirectly conditional upon occupational activity shall endeavour to ensure, under prescribed conditions, the provision of medical care to persons in receipt of unemployment benefit and to their dependants.

Articles 23 et 24, question 1

En vertu des dispositions de l’article 48 alinéa (1) de la Loi no. 76/2002, les bénéficiaires d’indemnité de chômage sont assujettis au régime public d’assurance sociale et au régime d’assurance sociale maladie et ils bénéficient de tous les droits prévus par la loi pour les personnes assujetties auxdits régimes.

Selon l’alinéa (2) de l’article précité, les cotisations d’assurance sociale publique et les cotisations d’assurance sociale maladie sont prises en charge par le budget d’assurance chômage et sont versées par les agences pour l’emploi aux caisses d’assurance concernées.

Comme dispose l’alinéa (3) dudit article, les droits à l’assurance sociale publique pour les personnes bénéficiant de l’indemnité de chômage sont pris en charge par le budget d’assurance sociale publique. [Report 2011-C168]

IV – 10. Acquisition of the Right

Article 24. C168

1. Each Member shall endeavour to guarantee to persons in receipt of unemployment benefit, under prescribed conditions, that the periods during which benefits are paid will be taken into consideration-

(a) for acquisition of the right to and, where appropriate, calculation of disability, old-age and survivors' benefit, and

(b) for acquisition of the right to medical care and sickness, maternity and family benefit after the end of unemployment,

when the legislation of the Member concerned provides for such benefits and makes them directly or indirectly conditional upon occupational activity.

2. Where a declaration made in virtue of Article 5 is in force, the implementation of paragraph 1 above may be deferred.

RF/168: please indicate weather and under what conditions the periods during which unemployment benefits are paid are taken into consideration for granting the benefits specified in this Article.

IV – 11. Part-time workers

Article 25. C168

1. Each Member shall ensure that statutory social security schemes which are based on occupational activity are adjusted to the occupational circumstances of part-time workers, unless their hours of work or earnings can be considered, under prescribed conditions, as negligible.

2. Where a declaration made in virtue of Article 5 is in force, the implementation of paragraph 1 above may be deferred.

Article 10 paragraph 3

RF/168: please indicate whether, and if so, the manner in which the statutory social security schemes have been adjusted to the occupational circumstances of part-time workers.

IV – 12. Special provisions for new applicants for employment

Article 26. C168

1. Members shall take account of the fact that there are many categories of persons seeking work who have never been, or have ceased to be, recognised as unemployed or have never been, or have ceased to be, covered by schemes for the protection of the unemployed. Consequently, at least three of the following ten categories of persons seeking work shall receive social benefits, in accordance with prescribed terms and conditions:

(a) young persons who have completed their vocational training;

(b) young persons who have completed their studies;

(c) young persons who have completed their compulsory military service;

(d) persons after a period devoted to bringing up a child or caring for someone who is sick, disabled or elderly;

(e) persons whose spouse had died, when they are not entitled to a survivor's benefit;

(f) divorced or separated persons;

(g) released prisoners;

(h) adults, including disabled persons, who have completed a period of training;

(i) migrant workers on return to their home country, except in so far as they have acquired rights under the legislation of the country where they last worked;

(j) previously self-employed persons.

2. Each Member shall specify, in its reports under article 22 of the Constitution of the International Labour Organisation, the categories of persons listed in paragraph 1 above which it undertakes to protect.

3. Each Member shall endeavour to extend protection progressively to a greater number of categories than the number initially protected.

Article 26, questions I et 2

En vertu de l’article 16 de la Loi no. 76/2002, modifiée et complétée ultérieurement, les bénéficiaires des dispositions de ladite loi sont les personnes à la recherche d’un emploi, se trouvant dans l’une des situations suivantes

a) ils sont devenus des chômeurs aux fins des dispositions de l’article 5 point IV lettre c) ;

b) ils n’ont pas réussi à accéder à un emploi après avoir terminé leur scolarité dans un établissement d’enseignement ;

c) ils occupent un emploi et, pour diverses raisons, ils souhaitent le changer ;

d) ils ont obtenu le statut de réfugié ou une autre forme de protection internationale, conformément à la loi ;

e) ils sont des citoyens étrangers ou des apatrides qui ont occupé un emploi et qui ont perçu des revenus en Roumanie, conformément à la loi ;

f) ils n’ont pu occuper un emploi après leur rapatriement ou après leur libération de détention.

ll faut préciser que les situations dans lesquelles peuvent se trouver les chômeurs visés à l’article 16 lettre a) de la loi précitée, afin d’établir le droit à l’indemnité de chômage, sont régies par l’article 17 alinéa (1) de ladite loi, mentionne' dans notre réponse à l’article 10, question 1.

ll faut également préciser que, selon les dispositions de l’article 17 alinéa (2) de la Loi no. 76/2002, modifiée et complétée ultérieurement, sont assimilées aux chômeurs les personnes se trouvant dans les situations visées à l’article 16 lettre b), à savoir les personnes qui n’ont pas réussi à accéder à un emploi après avoir achevé leur scolarité, sous réserve qu’elles remplissent les conditions suivantes :

a) ont terminé leurs études dans un établissement d’enseignement, sont âgés de 16 ans révolus et, pendant une durée de 60 jours à partir de la date de la sortie de la scolarité, n’ont pas réussi à trouver un emploi compatible avec leur formation professionnelle;

b) ont terminé leurs études dans une école spéciale pour les personnes handicapées, sont âgés de 16 ans révolus et n’ont pas réussi à trouver un emploi compatible avec leur formation professionnelle.

Conformément aux dispositions de l’article 34 alinéa (1) de la Loi no. 76/2002, modifiée et complétée ultérieurement, les chômeurs visés à l’article 17 alinéa (1) de ladite loi bénéficient de l’indemnité de chômage sous réserve qu’ils remplissent cumulativement les conditions suivantes :

a) justifient d’au moins 12 mois de cotisation au cours des 24 derniers mois précédant la date de leur inscription ;

b) ne disposent pas de revenus ou perçoivent des revenus inférieurs à l’indice social de référence pour l’assurance chômage et l’incitation à l’emploi, en vigueur, en exerçant des activités autorisées selon la loi ;

c) ne remplissent pas les conditions de retraite, conformément à la loi ;

d) sont inscrits auprès des agences pour l’emploi dans le ressort desquelles ils ont leur domicile ou, le cas échéant, leur résidence, pourvu qu’ils aient résidé au cours de leur dernier emploi ou qu’ils aient perçu des revenus dans cette localité.

Selon l’article 34 alinéa (3) de ladite loi, les chômeurs Visés à l’article 17 alinéa (2) bénéficient de l’indemnité de chômage sous réserve qu’ils remplissent cumulativement les conditions suivantes :

a) sont inscrits auprès des agences pour l’emploi dans le ressort desquelles ils ont leur domicile ;

c) ne remplissent pas les conditions de retraite, conformément à la loi.

[Report 2011-C168]

Selon l’article 40 alinéa (1) de la Loi no. 76/2002, modifiée et complétée ultérieurement, l’indemnité de chômage est accordée aux chômeurs Visés à l’article 17 alinéa (2) de la loi, à savoir les personnes ayant terminé leurs études dans un établissement d’enseignement, âgées de 16 ans révolus qui, pendant une durée de 60 jours à partir de la date de la sortie de la scolarité n’ont pas réussi à trouver un emploi compatible avec leur formation professionnelle, les personnes ayant terminé leurs études dans une école spéciale pour les personnes handicapées, âgées de 16 ans révolus, qui n’ont pas réussi à trouver un emploi compatible avec leur formation professionnelle, pendant une période de 6 moins. L’indemnité de chômage représente un montant forfaitaire, mensuel, dont le taux s’élève à 50% de la valeur de l’indice de référence pour l’assurance chômage et l’incitation à l’emploi, en vigueur à la date à laquelle celle-ci est établie.

Il faut noter que la valeur de l’indice social de référence pour l’assurance chômage et l’incitation à l’emploi, en vigueur, est fixée à 500 lei, conformément aux dispositions de l’article 331 de la loi précitée. [Report 2011-C168]

En vertu de l’article 15 alinéa (1) des Normes méthodologiques d’application de la Loi no. 76/2002, approuvées par l’Arrêté du Gouvernement no. 174/2002, modifiées et complétées ultérieurement, les chômeurs Visés à l’article 17 de ladite loi, qui disposent des revenus en exerçant des activités autorisées selon la loi, peuvent bénéficier d’indemnité de chômage, dans les conditions de l’article 34 alinéa (1), respectivement de l’alinéa (3) de ladite loi, s’ils peuvent prouver que ces revenus ne dépassent pas la valeur de l’indice social de référence pour 1’assurance chômage et l’incitation à l’emploi, en vigueur, au cours du mois pour lequel la preuve a été apportée. [Report 2011-C168]

IV - 13. Promotion of productive employment

Please check whether the information on the application of Articles 7-9 of C168 is provided in the governmental report on C122.

Article 7.

Each Member shall declare as a priority objective a policy designed to promote full, productive and freely chosen employment by all appropriate means, including social security. Such means should include, inter alia, employment services, vocational training and vocational guidance.

RF/168: please state the manner in which national policy designed to promote full employment in the meaning of this Article has been declared and the means whereby such policy has been implemented.

Article 8.

1. Each Member shall endeavour to establish, subject to national law and practice, special programmes to promote additional job opportunities and employment assistance and to encourage freely chosen and productive employment for identified categories of disadvantaged persons having or liable to have difficulties in finding lasting employment such as women, young workers, disabled persons, older workers, the long-term unemployed, migrant workers lawfully resident in the country and workers affected by structural change.

2. Each Member shall specify, in its reports under article 22 of the Constitution of the International Labour Organisation, the categories of persons for whom it undertakes to promote employment programmes.

3. Each Member shall endeavour to extend the promotion of productive employment progressively to a greater number of categories than the number initially covered.

RF/168:

1. Please specify, as required in paragraph 2 of this Article, the categories of persons for whom the Government undertakes to promote special employment programmes.

2. Please describe the special programmes which have been established for such persons in conformity with paragraph 1.

3. Please indicate whether measures have been taken, inconformity with paragraph 3, to extend the promotion of employment to other categories of persons.

Article 9

The measures envisaged in this Part shall be taken in the light of the Human Resources Development Convention and Recommendation, 1975, and the Employment Policy (supplementary Provisions) Recommendation, 1984.

IV - 14. Suspension of Benefit

Article 20. C168

The benefit to which a protected person would have been entitled in the cases of full or partial unemployment or suspension of earnings due to a temporary suspension of work without any break in the employment relationship may be refused, withdrawn, suspended or reduced to the extent prescribed-

(a) for as long as the person concerned is absent from the territory of the Member;

(b) when it has been determined by the competent authority that the person concerned had deliberately contributed to his or her own dismissal;

(c) when it has been determined by the competent authority that the person concerned has left employment voluntarily without just cause;

(d) during the period of a labour dispute, when the person concerned has stopped work to take part in a labour dispute or when he or she is prevented from working as a direct result of a stoppage of work due to this labour dispute;

(e) when the person concerned has attempted to obtain or has obtained benefits fraudulently;

(f) when the person concerned has failed without just cause to use the facilities available for placement, vocational guidance, training, retraining or redeployment in suitable work;

(g) as long as the person concerned is in receipt of another income maintenance benefit provided for in the legislation of the Member concerned, except a family benefit, provided that the part of the benefit which is suspended does not exceed that other benefit.

Article 10 paragraphe 2 a)

En vertu des dispositions de l’article 52 alinéas (1) lettre c) de la Loi no. 53/2003 - le Code du travail, republié, le contrat de travail peut être suspendu à l’initiative de l’employeur en cas d’interruption ou de réduction de l’activité pour des raisons économiques, technologiques, structurelles ou similaires, sans que cette suspension puisse entrainer la cessation des relations de travail.

Conformément à l’alinéa (3) de l’article précité, en cas de réduction temporaire, ,de l’activité, pour des raisons économiques, technologiques, structurelles ou similaires, pour les périodes excédant 30 jours ouvriers, l’employeur aura la possibilité de réduire le temps de travail et de passer de 5 jours a 4 jours par semaine, en diminuant proportionnellement 1es salaires, jusqu’à ce que la situation qui a conduit à la réduction du temps du travail soit corrigée, après une consultation préalable effectuée auprès du syndicat représentatif dans 1’entreprise ou, le cas échéant, auprès des représentants des employés.

Comme le prévoit l’article 53 alinéa (1) de la loi précitée, pendant la réduction et/ou l’interruption temporaire de l’activité, les employés impliqués dans les opérations réduites ou interrompues, qui n’exercent plus d’activité, bénéficient d’une indemnisation, prise en charge par le fond du salaire, qui ne peut être inférieure a 75% du salaire de base correspondant à son emploi, hormis les situations visées à l’article 52 alinéa (3) de ladite loi.

En vertu de l’article 53 alinéa (2) de ladite loi, pendant la réduction et/ou l’interruption temporaire visées à l’alinéa (1), les employés sont tenus de rester à la disposition de l’employeur, celui-ci ayant 1a possibilité de décider la reprise die l’activité.

Au-delà de ce qui est mentionné ci-dessus, il faut préciser que, lorsque les employés n’exercent plus d’activité du fait de la réduction et/ou de l’interruption temporaire de l’activité de l’employeur, survenue dans les conditions prévues par les dispositions de la loi précitée, lesdits employés restent à la dispositions de l’employeur qui se trouve dans une telle situation et bénéficient, selon les mêmes dispositions, d’une indemnité qui ne peut être inférieure à 75% du salaire de base correspondant à leur emploi, pendant la réduction et/ou l’interruption temporaire de l’activité de l’employeur. [Report 2011-C168. Réponse à la Demande directe de la Commission d’Experts pour l’Application des Conventions et Recommandations relatif à la C168]

Article 21. C168

1. The benefit to which a protected person would have been entitled in the case of full unemployment may be refused, withdrawn, suspended or reduced, to the extent prescribed, when the person concerned refuses to accept suitable employment.

2. In assessing the suitability of employment, account shall be taken, in particular, under prescribed conditions and to an appropriate extent, of the age of unemployed persons, their length of service in their former occupation, their acquired experience, the length of their period of unemployment, the labour market situation, the impact of the employment in question on their personal and family situation and whether the employment is vacant as a direct result of a stoppage of work due to an on-going labour dispute.

RF/168: please indicate whether recourse is had to paragraph 1 of this Article and, if so, what are the criteria for assessing the suitability of employment.

Article 22. C168

When protected persons have received directly from their employer or from any other source under national laws or regulations or collective agreements, severance pay, the principal purpose of which is to contribute towards compensating them for the loss of earnings suffered in the event of full unemployment-

(a) the unemployment benefit to which the persons concerned would be entitled may be suspended for a period corresponding to that during which the severance pay compensates for the loss of earnings suffered; or

(b) the severance pay may be reduced by an amount corresponding to the value converted into a lump sum of the unemployment benefit to which the persons concerned are entitled for a period corresponding to that during which the severance pay compensates for the loss of earnings suffered,

as each Member may decide.

Article 20

En vertu de l’article 44 de la Loi nr. 76/2002, modifiée et complétée ultérieurement, la cessation du paiement de l’indemnité de chômage versée aux bénéficiaires intervient :

a) à la data de l’embauche, conformément à la loi, pour une embauche supérieure à 12 mois ;

b) à la date à laquelle ils obtiennent des revenus supérieurs à l’indice social de référence pour l’assurance chômage et l’incitation à l’emploi, en vigueur, en exerçant une activité autorisée selon la loi ;

c) à l’issue d’une période de 90 jours à compter de la date à laquelle une autorisation de fonctionnement pour développer des activités indépendantes ou un certificat d’immatriculation a été émis(e), conformément à la loi, lorsque les revenus mensuels obtenus sont supérieurs à l’indice social de référence pour l’assurance chômage et l’incitation à l’emploi, en vigueur ;

d) a la date du refus non justifié d’occuper un emploi correspondant à leur formation ou à leur niveau d’études ;

e) a la date du refus non justifié de participer aux dispositifs d’incitation à l’emploi et de formation professionnelle ou à la date à laquelle ils quittent ces dispositifs pour des raisons qui leur sont imputables ;

f) lorsque la période de retraite pour invalidité excède 12 mois ;

g) a la date à laquelle les conditions pour l’admission à la retraite Vieillesse sont remplies, a la date de dépôt d’une demande de pension anticipée ou a la date a laquelle la pension d’invalidité’ n’est plus révisable ;

h) a la date du départ pour l’étranger pour une période excédant 3 mois ;

i) a la date du début d’exécution d’une peine privative de liberté d’une durée supérieure à 12 mois ;

j) en cas du décès du bénéficiaire ;

k) à l’expiration des délais Visés à l’article 45 alinéas (2), (3) et (31) ;

l) à l’expiration des délais Visés à l’article 39 alinéa (1), respectivement à l’article 4O alinéa (1);

m) a la date d’admission dans une forme d’enseignement, s’il s’agit des personnes assimilées aux ch6meurs, visées à l’article 17 alinéa (2) lettres a) et b).

Conformément à l’article 45 alinéa (1) de ladite loi, 1a suspension du paiement de l’indemnité de chômage versée aux bénéficiaires intervient :

a) à la date à laquelle 1e bénéficiaire n’a pas rempli l’obligation prévue à l’article 41 alinéa (1) lettre a) ;

b) pendant 1a période d’accomplissement des obligations militaires ;

c) à la date de l’embauche, conformément à la loi, pour une embauche inférieure à 12 mois ;

d) a la date du départ pour l’étranger pour une période inférieure à 3 mois, à la demande de la personne concédée, ainsi que, le cas échéant, à la date à laquelle l’autorisation permettant de maintenir 1e droit à l’indemnisation du chômage a été émise, à la demande de la personne qui se déplace à l’intérieur de la Communauté Européenne et de l’Espace Economique Européen pour chercher un emploi et souhaite maintenir 1e versement de l’indemnité de chômage ;

e) pendant la période de détention préventive ou en cas de condamnation à une peine privative de liberté n’excédant pas 12 mois ;

f) a la date du départ à la retraite d’invalidité ;

g) pendant la période d’indemnisation en cas d’incapacité temporaire de travail, d’indemnisation du congé maternité et d’indemnisation du congé pour élever son enfant jusqu’à l’âge de 2 ans ou jusqu’à l’âgé de 3 ans s’il s’agit d’un enfant handicapé ;

h) pendant l’incapacité temporaire de travail, de plus de 3 jours, résultant d’un accident survenu pendant les stages de qualification, recyclage, perfectionnement ou, le cas échéant, tout autre type de formation, au temps et par suite de la pratique professionnelle ;

i) pendant la durée du versement de l’indemnité de licenciement, selon la loi.

Il faut préciser que, selon les dispositions de l’alinéa (2) de l’article susmentionné, la reprise du paiement, mettant fin à la suspension survenue conformément à l’alinéa (1) lettre a), a lieu (1833 la date du dépôt de la demande de l’intéressé, mais pas plus tard que 60 jours calendriers après la date de la suspension.

L’alinéa (3) du même article prévoit que la reprise du paiement, mettant fin à la suspension survenue conformément à l’alinéa (1) lettres b), c) et e)-i), a lieu des 1a date du dépôt de la demande de l’intéressé, mais pas plus tard que 30 jours calendriers après la date à laquelle cette situation a cessé d’exister.

Selon les dispositions de l’alinéa (31) de l’article susmentionné, la reprise du paiement, mettant fin à la suspension survenue conformément à l’alinéa (1) lettre d), a lieu (1635 la date du dépôt de la demande de l’intéressé, mais pas plus tard que 3 mois après la date de la suspension, conformément à l’alinéa (1) lettre d).

La période de suspension visée à l’article 45 alinéa (1) lettre a) est assimilée à une période d’indemnisation chômage, ainsi que le dispose l’alinéa (4) dudit article.

En vertu des dispositions de l’article 47 alinéa (1) de la loi no. 76/2002, modifiée et complétée ultérieurement, les montants accordés indument du budget d’assurance chômage, ainsi que tous les autres débits inscrits au budget d’assurance chômage, autres que ceux provenant des contributions, sont récupérés sur décision des agences pour l’emploi ou, le cas échéant, des centres régionaux pour la formation professionnelle des adultes, qui constituent des titres exécutoires.

Conformément à l’alinéa (2) de l’article précité, les montants prévus à l’alinéa (1) sont récupérés auprès des bénéficiaires dans le délai général légal de prescription. [Report 2011-C168]

Article 21

En vertu des dispositions de l’article 42 alinéa (1) de la Loi no. 76/2002, modifiée et complétée ultérieurement, les personnes qui, à la date à laquelle le droit a été sollicité, refusent un emploi correspondant à leur formation ou à leur niveau d’étude ou refusent de participer aux services d’incitation à l’emploi et de formation professionnelle délivrés par l’agence nationale pour l’emploi, ne bénéficient pas d’indemnité de chômage.

Comme 1e prévoit l’alinéa (2) du même article, les jeunes diplômés qui, à la date à laquelle le droit à l‘indemnisation du chômage est sollicité, poursuivent une forme d’enseignement, ne bénéficient pas d’indemnité de chômage.

Selon l’article 44 lettre d) de la loi précitée, le versement de l’indemnité de chômage cesse a la date du refus non justifie’ d’occuper un emploi correspondant à sa formation ou à son niveau d’études. [Report 2011-C168]

Article 22

En vertu des dispositions de l’article 45 alinéas (l) lettre i) de la Loi no. 76/2002, modifiée et complétée ultérieurement, le versement de l’indemnité de ch6mage est suspendu pendant la durée du versement de l’indemnité de licenciement.

Par conséquent, les dispositions de l’article 22 lettre a) de la Convention no. 168/ 1988 de l’Organisation International du Travail sont applicables. [Report 2011-C168]

IV – 15. Right of appeal

Article 27. C168

1. In the event of refusal, withdrawal, suspension or reduction of benefit or dispute as to its amount, claimants shall have the right to present a complaint to the body administering the benefit scheme and to appeal thereafter to an independent body. They shall be informed in writing of the procedures available, which shall be simple and rapid.

2. The appeal procedure shall enable the claimant, in accordance with national law and practice, to be represented or assisted by a qualified person of the claimant's choice or by a delegate of a representative workers' organisation or by a delegate of an organisation representative of protected persons.

· Under the legislation stimulating employment, the termination of payment for unemployment benefit for beneficiaries takes place as follows (art. 44):

a) the date of employment under the law for more than 12 months;

b) on the date when they earn from activities authorized by law, monthly incomes higher than the social reference indicator in force;

c) 90 days after issuing the operating license for self-employment or certificate of registration according to the law, if they earn from activities authorized by law, monthly incomes higher than the social reference indicator in force;

d) on the date of an unjustified refusal to fit into a job according to training or education level;

e) on the date of unjustified refusal to participate in services stimulating employment and of vocational training or at the date of their withdrawal for reasons attributable to them;

i) if the period of disability retirement exceeds 12 months;

g) on the date of fulfilling the conditions of old age pension, from the date of request of early retirement or on the date when the disability pension becomes unrevisable;

h) on the beneficiary's departure abroad for more than 3 months;

i) on the date of commencement of a period of imprisonment exceeding 12 months;

j) at the beneficiary's death;

k) at the deadlines provided for in art. 45 para. (2) (3) and (3 A 1);

l) at the deadlines provided for in art. 39 para. (1) and Art. 40 para. (1);

m) on the date of admission in a school, for persons assimilated to unemployed persons, under art. article 17. (2). a) and b).

The unjustified refusal provided for in art. 44 points. d) and e) of the law, means a situation where unemployment benefit recipient does not accept solutions for employment or, where appropriate, qualifications or retraining offered as a result of advice or mediation. Suspending payment of unemployment benefit provided for in art. 45 para. (1). a) of the law, for failure to set in art. 41 para. (1). a) the law, is revoked if the recipient proves by documents that he didn’t fulfil this obligation for reasons not attributable to him.

Are considered reasons not attributable to, the following situations:

a) the birth of a child;

b) marriage;

c) disease;

d) death of spouse or relatives up to second degree inclusive;

e) force majeure.

The beneficiary must submit documentary evidence listed in par. (1) within 30 days from the date referred to in art. 45 para. (1). a) of the law.

The measure of suspension, of revocation of suspension and of termination of unemployment benefit payments is determined by order of the Executive Director of the Employment Agency at local level - county or central - capital Bucharest.

The order of the Executive Director for Employment (county or Bucharest) may be appealed within 30 days from the date of notification, to the competent court, according to the law. [Report 2011-C168]

Article 27

En vertu de l’article 5 point VII de 1a Loi no. 76/2002, modifiée et complétée ultérieurement, conformément aux dispositions de ladite loi, l’indemnité de chômage vise à compenser partialement les revenus de l’assuré qui a perdu son emploi ou les revenus des personnes qui ont terminé leurs études dans un établissement d’enseignement et n’ont pas réussi à trouver un emploi.

Il faut préciser que, conformément à l’article 6 alinéa (1) de la Procédure pour recueillir et traiter les demandes d’emploi ou les demande d’indemnité de chômage, approuvée par l’Ordre du Président de l’Agence Nationale pour l’Emploi no. 85/2002, modifié et complété ultérieurement, a l’agence locale pour l’emploi ou à l’antenne locale on constituera un dossier comprenant toutes les pièces apportes par le client nécessaires pour l’ouverture des droits à l’indemnité de chômage.

Comme le prévoit l’article 7 de la procédure précitée, l’agence locale pour l’emploi ou l’antenne locale Vérifie les pièces et les documents apportés par le client et après le traitement de la demande d’admission, délivre a l’intéresse' une attestation d’ouverture ou de refus des droits à l’indemnité de chômage, conformément au modelé figurant à l’annexe 4 de la procédure.

II faut toutefois préciser que, conformément à l’article 2 de la Disposition relative à l’ouverture ou le refus du droit à l’indemnité de chômage, ladite attestation peut être contestée à l’instance judiciaire compétente, dans un délai de 30 jours à partir de la réception de l’attestation, dans les conditions de la loi.

II faut préciser que, selon l’article 19 de la même procédure, lorsqu’il s’agit de l’une des situations visées aux articles 44 et 45 de la Loi no. 76/2002, modifiée et complétée ultérieurement, une attestation de suppression/suspension/reprise du payement de l’indemnité du chômage, dont le modèle figure en annexe 8 de la procédure sera délivrée.

Conformément à l’article 2 de la Disposition relative à la suppression, à la suspension et à la reprise du payement de l’indemnité de chômage, ladite attestation peut être contestée à l’instance judiciaire compétente, dans un délai de 30 jours à partir de la réception de l’attestation, dans les conditions de la loi.

En vertu des dispositions de l’article 119 alinéa (1) de la Loi no. 76/2002, modifiée et complétée ultérieurement les litiges résultant de l’application des dispositions de ladite loi, sont réglés par les 1 instances judiciaires compétentes, dans les conditions de la loi.

Comme le prévoit l’alinéa (2) de l’article précité, les litiges relatifs à l’ouverture et au payement de l’indemnité de chômage sont soumis à une procédure d’urgence, avec le respect des normes procédurales portant sur les conflits de droits, même si la loi spéciale dit le contraire. [Report 2011-C168. Reference year 2011. Réponse à la Demande directe de la Commission d’Experts pour l’Application des Conventions et Recommandations relatif à la C168]

Ø Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168) - Romania (Ratification: 1992)

Article 27(2). Complaints and appeals procedures. The Committee notes the detailed information on the complaints and appeals procedures. It would be grateful if the Government would indicate whether national law and practice enable claimants to be represented or assisted during appeals procedures by the persons mentioned in Article 27(2) of the Convention.

IV - 16. Financing and Administration [STAT↑]

Article 28. C168

Each Member shall assume general responsibility for the sound administration of the institutions and services entrusted with the application of the Convention.

Article 29. C168

1. When the administration is directly entrusted to a government department responsible to Parliament, representatives of the protected persons and of the employers shall be associated in the administration in an advisory capacity, under prescribed conditions.

2. When the administration is not entrusted to a government department responsible to Parliament-

(a) representatives of the protected persons shall participate in the administration or be associated therewith in an advisory capacity under prescribed conditions;

(b) national laws or regulations may also provide for the participation of employers' representatives;

(c) the laws or regulations may further provide for the participation of representatives of the public authorities.

Article 30. C168

In cases where subsidies are granted by the State or the social security system in order to safeguard employment, Members shall take the necessary steps to ensure that the payments are expended only for the intended purpose and to prevent fraud or abuse by those who receive such payments.

RF/168:

1. If the administration of a scheme is directly entrusted to a government department, please indicate whether representatives of the protected persons, and representatives of the employers are associated in the administration in an advisory capacity.

2. If the administration of a scheme is not directly entrusted to a government department, please indicate whether representatives of the protected persons, and possibly representatives of the employers and public authorities participate in the administration of the scheme concerned. Please specify in what manner they participate in the administration.

Part V. Old-age Benefit

Information sources:

1. 4th Report on the fulfilment of the European Code of Social Security submitted by Romania for the period from 1st July 2014 to 30th June 2015.

2. 2^nd Report on the fulfilment of the European Code of Social Security submitted by Romania for the period from 1st July 2012 to 30th June 2013.

3. Report on the Social Security (Minimum Standards) Convention, 1952 (No. 102) (first report). Reference year 2010.

List of applicable legislation* [PNL↑]

§ Law No.263 of 16 December 2010 on the Unitary System of Public Pensions, with the subsequent amendments: Law No.287 of 28 December 2010, Emergency Ordinance No. 117 of 2 December 2010, LAW No.94 of 6 June 2011, Emergency Ordinance No. 98 of 16 November 2011, Law No.283 of 14 December 2011, Law No.294 of 21 December 2011, Emergency Ordinance No. 125 of 27 December 2011, Constitutional Court Decision No. 297 of 27 March 2012, Law No.76 of 24 May 2012, Emergency Ordinance No. 29 of 20 June 2012, Constitutional Court Decision No. 680 of 26 June 2012, Emergency Ordinance No. 44 of 23 August 2012, Emergency Ordinance No. 15 of 23 August 2012, LAW No.187 of 24 October 2012, Constitutional Court Decision No. 956 of 13 November 2012, Emergency Ordinance No. 1 of 22 January 2013, Ordinance No. 8 of 23 January 2012, Emergency Ordinance No. 4 of 30 January 2013, Law No.6 of 21 February 2013, Law No.37of 8 March 2013, Law No.168 of 29 May 2013, Law No.241 of 17 July 2013, Ordinance No.16 of 30 July 2013, Emergency Ordinance No.88 of 18 September 2013, Constitutional Court Decision No. 437 of 29 October 2013, LAW No.340 of 10 December 2013, Emergency Ordinance No.113 of 18 December 2013, LAW No.380 of 24 December 2013; Law No. 187 of 24 October 2012; Constitutional Court Decision No. 463 of 17 September 2014, Emergency Ordinance No.68 of 21 October 2014, Emergency Ordinance No.80 of 10 December 2014, Emergency Ordinance No.83 of 12 December 2014, Law No. 187 of 29 December 2014, Law No.155 of 18 June 2015, Law No.192 of 07 July 2015, Law No.218 of 23 July 2015, Law No.223 of 24 July 2015, Emergency Ordinance No.57 of 9 December 2015, Law No.325 of 16 December 2015. Law No.340 of 18 December 2015, Emergency Ordinance No.65 of 30 December 2015.

§ Government Decision No.257 of 20 March 2011,

§ Law No. 452/2001 for approving Emergency Ordinance no. 221/2000 regarding pensions and others insurance rights of lawyers;

§ Law no. 223 of 4 July 2007 regarding the status of civil aeronautical professional civil aviation in Romania, as amended;

§ Law No. 94 of 8 September 1992, republished, on the organization and functioning of the Court of Auditors;

§ Law No. 216 of 21 July on pensions granted to the members of Romania's diplomatic and consular corps;

§ Law No. 7 of 11 January 2006 , republished, regarding parliamentary civil servant’s status;

§ Law No. 567 of 9 December 2004 on the status of specialized auxiliary personnel in courts and prosecutors' offices attached to them and the staff that works at the National Institute of Forensic Expertise, as amended;

§ Law No. 303 of 28 June 2004 on the status of judges and prosecutors, republished, with the subsequent amendments;

§ Law No. 223 of 24 July 2015 on the state military pensions.

V - 1. Regulatory framework

Article 25. C102 and ECSS

Each Member (Contracting Party) for which this part of this Convention (Code) is in force shall secure to the persons protected the provision of old‑age benefit in accordance with the following Articles of this Part.

Please give a general description of the design of the scheme and of the objectives of national policy illustrated, if necessary, by the relevant statistical information.

V - 2. Contingency covered

Article 26. C102 and ECSS

1. The contingency covered shall be survival beyond a prescribed age.

2. The prescribed age shall be not more than 65 years or such higher age [that the number of residents having attained that age is not less than 10 per cent of the number of residents under that age but over 15 years of age - ECSS] as may be fixed by the competent authority with due regard to the working ability of elderly persons in the country concerned

3. National laws or regulations may provide that the benefit of a person otherwise entitled to it may be suspended if such person is engaged in any prescribed gainful activity or that the benefit, if contributory, may be reduced where the earnings of the beneficiary exceed a prescribed amount and, if non-contributory, may be reduced where the earnings of the beneficiary or his other means or the two taken together exceed a prescribed amount.

According to Law no.263 of 16 December 2010 on the Unitary System of Public Pensions, old-age pensions shall be granted to the insured individuals who, on the date of their retirement, cumulatively meet the conditions with respect to the standard retirement age and the minimum contribution period achieved in the public system of pensions.

The law stipulates a gradual increase of the standard retirement age to 63 years on 1 January 2030 for women, as the standard retirement age for men is 65 years.

For the reference year 2016, the standard retirement ages qualifying a person to draw an old-age pension, are the following: [STAT↑]

Men: 65 years

Women:

January 2016 – April 2016 60 years and 3 months

May 2016 – August 2016 60 years and 4 months

September 2016 – December 2016 60 years and 5 months

Special conditions apply to some categories of people such as:

· people who contributed under special or difficult working conditions;

· people who had a handicap prior to obtaining the insured person status;

· people persecuted for political reasons by the regime in power after 6 March 1945, deported abroad or taken prisoners of war.

In case of meeting these special conditions, the person is entitled to an old-age pension with reduced standard retirement age.

The following categories may cumulate pension with incomes arising from situations where insurance is compulsory, regardless of the income level:
a) old age pensioners;
b) blind people.

1. Accumulation of pension rights with earnings from employment:

· Irrespective of the level of earnings, accumulation is permitted to:

a) Orphan children having lost both parents, while attending school courses, but not exceeding the age of 26;

b) Blind people;

c) Old-age pensioners;

d) Category III invalidity pensioners.

· Pensioner with Old-Age Pension and Old-Age Pension with Reduced Standard Retirement Age:

- Rule:Accumulation permitted.

- No exemptions.

· Pensioner with Early Retirement Pension and Partial Early Retirement Pension:

- Rule: Accumulation not permitted.

- Exemptions: Accumulation permitted with earnings from work as a local or county counsellor.

2. Accumulation of pension rights with earnings from self-employment:

· Pensioner with Old-Age Pension and Old-Age Pension with Reduced Standard Retirement Age:

- Rule: Accumulation permitted.

- No exemptions.

· Pensioner with Early Retirement Pension and Partial Early Retirement Pension:

- Rule: Accumulation not permitted.

- No exemptions.

Insured persons, who meet the requirements of law to obtain a retirement pension, can continue their activity only with the employer's agreement under the law provisions. Since 16 October 2014 old-age pensioners may cumulate pension with income from an occupation, irrespective of their amounts.

V - 3. Persons protected

Article 27. C102 and ECSS

The persons protected shall comprise:

(a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or

(b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents; or

(c) all residents whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67.

A. The sub-paragraph of Article that applies in domestic legislation is (b) because certain categories of self-employed persons are also covered by the scheme.

B. Persons protected under this Article are the insured that can be Romanian citizens, foreign citizens or stateless persons as long as they, by law, domicile or have their residence in Romania as follows:

· employees,

· persons assimilated to employees (elected or appointed to executive, legislative or judicial authorities; co-operative members),

· civil servants,

· unemployed,

· self-employed, if their monthly average net income exceeds the threshold of 35% of the Average Gross Earnings as projected for the Annual State Social Insurance Budget, i.e. 938 RON,

· other persons, including the voluntarily insured persons.

C. The number of people active at national level, insured in the overall system (public pensions and other social insurance rights) during the reference period was 5.826.340 (employees and other persons insured).

In accordance with Article 76 of Title II of the Report, the purpose of protection is fulfilled as follows:
The number of economically active persons protected: 5,685,426

The total number of residents: 19,042,936

Percentage: 29%

Appendix XV, Conclusions of the CEACR concerning the application of the ECSS (adopted 18 November–5 December 2015)

Part V (Old-age benefit), Article 27(b) of the Code. Persons covered. The Government is requested to explain the significant fall in the number of persons covered by the old-age insurance scheme from 2013 to 2014.

V - 4. Calculation of Benefit

Article 28. C102 and ECSS

The benefit shall be a periodical payment calculated as follows:

(a) where classes of employees or classes of the economically active population are protected, in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66;

(b) where all residents whose means during the contingency do not exceed prescribed limits are protected, in such a manner as to comply with the requirements of Article 67.

A. For the calculation of old age retirement pension Article 65 applies.

In the public system, social security benefits are replacement for total or partial loss of insured income as a result of old age, disability or death. Social insurance benefits are provided in the form of pensions, allowances or other benefits.

The old-age pension in the first pillar is calculated and paid on a monthly basis using a point system.

It is determined by the length of contribution period and the level of earnings (all being variables characteristic to each person), as well as the pension point value (which is a constant for all pensioners).

The monthly score is equal to the person's monthly gross earnings divided by the average gross earnings. The score takes into consideration the gross income for which the social security contributions were paid. The monthly score for an insured person who also contributed to the second pillar shall be adjusted by the ratio between the contribution rate (employer and employee for normal working conditions) due to the public system of pensions and the contribution rate (employer and employee for normal working conditions) due to both the public system of pensions and the second pillar.

The annual score is equal to the sum of the monthly scores obtained during one year divided by twelve. The person is credited with annual scores for non-contributory periods.

The annual average score is equal to the sum of the annual scores divided by the full contribution period.

The old-age pension with reduced standard retirement age, the early retirement pension, and the partial early retirement pension are calculated in the same way as the old-age pension. Nevertheless, the non contributory periods are not taken into account for early retirement pension and partial early retirement pension calculation purposes. In case of partial early retirement pension, the amount is reduced in relation to the number of months of anticipation.

The insured person, who continues to contribute to the public system of pensions after becoming eligible for receiving an old-age pension, is entitled to an increased score achieved in this period by 0.5% per month.

As of 1 January 2013, the pension point value is adjusted annually by 100% of the inflation rate plus 50% of the real growth in the average gross earnings of the previous year. Since 1 January 2016 the pension point value is 871.7 RON [Report 2015-ECSS]. [STAT↑]

The monthly calculation basis of the individual social security contribution may not exceed the ceiling of five times the monthly average gross wage in economy.

Monthly calculation basis of individual social security contribution may not exceed the ceiling of five times the Average Gross Earnings as projected for the Annual State Social Insurance Budget i.e. 13,405 RON per each source of earnings.

B. In the national legislation sub-paragraph of paragraph 6 of Art. 65, which can be applied in national law is (c).

Old age pension calculation for the standard beneficiary

Standard beneficiary: man

Standard beneficiary was chosen as a person whose income equals 125% of average earnings of all persons protected.

According to Art. 102 of Law No. 263/2010, as further amended and supplemented, in conjunction with art. 18 of Law No. 187/2014 on the social insurance state budget, in 2015 the pension point value was 830,2 RON.

The gross average wage used at the substantiation of the social security state budget in 2015, according to art. 16 of Law no. 186/2014 on the state budget, was 2,415 RON.

Applying Article 65, paragraph 6, letter c) of the Code: the reference income of a standard beneficiary is 125% of average gross salary (= 2,415 in 2015), i.e. 1.25 * 2.415 = 3,018.75 RON.

The calculation of the replacement rate for old-age pension after 30 years of insurance (under Title I and III of Article 65 of the report):

December 2015

C. Standard wage of a skilled manual male employee: 3,018.75 RON

D. The amount of old age pension granted after 30 years of insurance: 889.5 RON

(= 830.2 * 1.25 * 30/35)

G. Replacement rate: D./C. = 29%

The national legislation guarantees a minimum pension amount. Law no.196/2009 approved G.E.O. No.6/2009, establishing the guaranteed minimum social pension. Law no. 118/2010 replaced the phrase "guaranteed minimum social pension" with syntagma "social indemnity for pensioners".

Since 2010, the social indemnity for pensioners is established annually by the state budget law and can be increased only by the laws amending the state budget, based on changes of the macroeconomic indicators and financial resources.

Law No. 339/2015 on the state budget for 2016 set the social indemnity for pensioners in 2016 at the level of RON 400 RON.

The level of social indemnity for pensioners is set annually by the budgetary laws and may be modified in relation with the macroeconomic indicators and the financial resources.

The beneficiaries of the social indemnity for pensioners are the pensioners of the public pension system who reside in Romania, regardless of the date of retirement, whose quantum of pension is below the social indemnity for pensioners.

The social pension is calculated as the difference between the amount of social allowance for pensioners and the pension amount due or paid, combined with any other entitlements paid under special laws.

V-6. Qualifying period

Article 29. C102 and ECSS

1. The benefit specified in Article 28 shall, in a contingency covered, be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period which may be 30 years of contribution or employment, or 20 years of residence; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a prescribed qualifying period of contribution and in respect of whom while he was of working age, the prescribed yearly average number of contributions has been paid.

2. Where the benefit referred to in paragraph 1 of this article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period of 15 years of contribution or employment; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a prescribed qualifying period of contribution and in respect of whom, while he was of working age, half the yearly average number of contributions prescribed in accordance with paragraph 1.b of this Article has been paid.

3. The requirements of paragraph 1 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part XI but at a percentage of ten points lower than shown in the Schedule appended to that Part for the standard beneficiary concerned is secured at least to a person protected who has completed, in accordance with prescribed rules, ten years of contribution or employment, or five years of residence.

4. A proportional reduction of the percentage indicated in the Schedule appended to Part XI may be effected where the qualifying period for the benefit corresponding to the reduced percentage exceeds ten years of contribution or employment but is less than 30 years of contribution or employment; if such qualifying period exceeds 15 years, a reduced benefit shall be payable in conformity with paragraph 2 of this Article.

5. Where the benefit referred to in paragraphs 1, 3 or 4 of this Article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be payable under prescribed conditions to a person protected who, by reason only of his advanced age when the provisions concerned in the application of this Part come into force, has not satisfied the conditions prescribed in accordance with paragraph 2 of this Article, unless a benefit in conformity with the provisions of paragraphs 1, 3 or 4 of this Article is secured to such person at an age higher than the normal age.

§1(f) Article 1. C102, §1(i) Article 1. ECSS

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

Starting 1^st January 2015, the minimum contribution period both for women and men has been increased to 15 years.

The minimum contribution period for men and women in 2014:

January 2014 - April 2014 14 years and 6 months

May 2014 - August 2014 14 years and 8 months

September 2014 - December 2014 14 years and 10 months

When determining the old-age pension, besides the contributory periods, certain non-contributory periods, called “assimilated periods” are taken into consideration, when the insured person:

· benefited from invalidity pension,

· pursued full-time university courses, on the condition of graduation with diploma,

· served military service, were mobilised or were war prisoners,

· benefited, starting with 1^st of January 2005, from leave for temporary working incapacity due to work accidents and occupational diseases,

· benefited, during 1^st April 2001 – 1^st January 2006 of social insurance indemnities, provided in the terms set by law,

· benefited, starting with 1^st of January 2006 from leave for child upbringing up to 2 years old, or up to 3 years old in the case of disabled child,

The insured person who attended several higher forms of education benefits from a single period of study assimilated as contribution period, at choice. [Report 2015-ECSS]

V -7. Duration of Benefit

Article 30. C102 and ECSS

The benefits specified in Articles 28 and 29 shall be granted throughout the contingency.

The benefits specified in Articles 28 and 29 shall be granted throughout the contingency.

[Report 2015-ECSS]

V - 8. Suspension of Benefit

See under Part XIII-1

According to Article 114 of Law no. 263/2010, pension payment is suspended from the month following the month in which:

a) Pensioner shall establish domicile in a country with which Romania has concluded social security agreement, if it stipulates that the pension is paid by the other State;

b) Beneficiary of an early pension or a partial early retirement pension lies in one of the situations referred to in art. 5 para. (1) Sections I and II, except persons who shall act as local or county councellor; [PNL?]

c) Invalidity pensioner or the invalid survivor pensioner does not participate at the periodical mandatory medical review;

d) Invalidity pensioner does not attend individual recovery program set by social security expert doctor for him/her;

e) Pensioner with category I or II invalidity pension accumulate pension with income from work, except as a local or county counsellor;

f) Pensioner with category III invalidity pension accumulate pension with income from work, exceeding half the normal working time;

g) Survivor pensioner has attained the age of 16 and does not prove continuing education,

h) The surviving spouse beneficiary of a survivor's pension earns a monthly gross income exceeding 35% of average gross earnings as projected for the annual state social insurance budget, i.e. RON 928;

i) The surviving spouse beneficiary of a survivor's pension remarries;

j) The surviving spouse beneficiary of a pension from the public pension system, chooses a pension granted from another pension system;

k) Pensioner no longer meets the conditions provided by law on the accumulation of pension with income from work.

Resumption of the suspended pension payment is made on demand and is granted starting with the next month subsequent to the month in which the suspension cause has ceased, if the application was filed within 30 days since the cause of suspension was terminated or from the month following the application’s date, if the submission was made after the expiry of the period above mentioned. [Report 2015-ECSS] [??? and if not]

Correction Index

According to art. 170 of Law no. 263/2010 on the unitary public pension, in its initial form at para. (1) it provided that “For persons retired after the entry into force of this law, the average annual score determined under art. 95 shall be applied a correction index calculated as a ratio between 43.3% of average gross earnings for the previous year and the pension point value in force at the time”.

(2) Provisions of para. (1) applies only once, at the initial application for retirement."

Under Art. 193 par. (2) of Law no. 263/2010 on the unitary system of public pensions, as amended and supplemented, provisions of Art. 170 were to enter into force on 1 January 2012, and according to art. 16 of GEO no. 80/2010, approved with amendments and supplements to the Law no. 283/2011, the deadline for entry into force of Art. 170 of Law no. 263/2010 was extended until 1 January 2013.

Government Emergency Ordinance no. 1/2013, amending and supplementing Law no. 263/2010 on the unitary public pension, modified Art. 170 of Law no.263/2010, taking into account the fact that the indicators against which the annual pension point value is increased and the index correction is calculated, performed in the previous year, are not known at the beginning of the calendar year, and to correlate provisions of Law no. 263/2010 with the date on which the competent institutions shall disclose the values of certain indicators used to determine the pension point and the correction index and for granting the rights provided by law.

Thus, according to para. (2) point 3 of Art. I of GEO no. 1/2013: "Starting with 2013, the average gross wage, is the final one, known for the year preceding the one when the right to a pension opens for the previous calendar year, announced by the National Institute for Statistics."

According to Art. III of GEO no. 1/2013:

"(1) In 2013, the correction index applicable to the annual average score determined according to Art. 95 of Law no. 263/2010 is 1.06.

(2) The correction index provided in par. (1) applies and the annual average scores calculated for people whose pension rights were opened since January 2011.

(3) For the persons provided in par. (2), the correction index is applied to the annual average score due or in payment in the month of this ordinance’s entry into force."

By the Constitutional Court Decision no. 437 of 29th October 2013 it was found that the provisions of Art. III, par. (2) and (3) of GEO no. 1/2013 are unconstitutional.
Thus, from the considerations contained in the aforementioned decision it results that on 01.01.2013 there should have been applied the provisions of Art. 170 of Law no. 263/2010, as in the original form.

Following that Decision, the correction index of 1.06 was applied only to persons whose right to pension was opened after the entry into force of GEO No. 1/2013, i.e. 23 January 2013, and in the case of persons whose pension rights opened between 1 January 2013 and 22 January 2013 inclusive, it was applied a correction index of 1.17, according to Art.170 of Law no. 263/2010.

According to art. 170 of Law No. 263/2010 on the unitary public pension system, in conjunction with art. 19 of Law No. 187/2014, in year 2015 the index of correction is 1.07 and 1.09 in 2016.

V - 9. Right of appeal

See under Part XIII-2

It is the competence of the territorial houses of pensions to decide on accepting or rejecting the retirement requests. The retirement decisions have to be issued within 45 calendar days following application date and include the factual and legal grounds on which each decision has been made.

Acceptance or rejection decisions are to be communicated in writing both to the person entitled and to his/her employer. [Report 2015-ECSS]

Article 149 of Law no.263 of 16 December 2010 on the Unitary System of Public Pensions, provides that appeals against the decisions issued by the territorial houses of pension have to be submitted to the Central Commission for Appeals - [Report 2015-ECSS] within 30 days after the notification.The decision issued by the territorial houses of pension, if not appealed in due time, shall remain final. The Central Commission for Appeals operates within the National House of Public Pensions. [Report 2013-ECSS]

The decisions issued by the Central Appeals Committee and the boards of appeals mentioned above are transmitted both to the entitled persons and the concerned house of pensions within 5 days after the issuance date and may be contested at the competent court of law, during 30 days following the notification. Uncontested decisions become definitive.

V - 10. Financing and Administration [STAT↑]

See under Part XIII-3

Part VII. Family Benefit

Information sources:

1. 4th Report on the fulfilment of the European Code of Social Security submitted by Romania for the period from 1st July 2014 to 30th June 2015.

2. Report on the Social Security (Minimum Standards) Convention, 1952 (No. 102) (first report). Reference year 2010.

List of applicable legislation* [PNL↑]

§ Law No. 292/2011 on social assistance, published in the Official Gazette of Romania, Part I, no.905 of December 20, 2011;

§ Law no. 61/1993 on child state allowance, republished in the Official Gazette of Romania, Part I, no. 767 of November 11, 2012;

§ Government Emergency Ordinance no. 111/2010 on parental leave and monthly indemnity for raising the children published in the Official Gazette of Romania, Part I, no.830 of December 10, 2010, as amended and supplemented;

§ Government Emergency Ordinance No. 148/2005 on family support for the child raising published in the Official Gazette of Romania, Part I, no.1008 of November 14, 2005, as amended and supplemented;

§ Law no. 448/2006 on the protection and promotion of the rights of the persons with disabilities, republished in the Official Gazette of Romania, Part I, no. 1 of January 3, 2008, as amended and supplemented;

§ Law no. 272/2004 on the protection and promotion of child rights, republished in the Official Gazette of Romania, Part I, no. 159 of March 5, 2014;

§ Law no 277/2010 concerning the allowance for family support, published in the Official Gazette of Romania, Part I, no.889 of December 30, 2010.

§ Emergency Ordinance no 124/2011 for modifying and completing the normative acts that regulate the granting of social assistance benefits, published in the Official Gazette of Romania, Part I, no.938 of December 30, 2011, as amended and supplemented;

§ Law 263/2007 regarding the establishment and organization of nurseries, published in the Official Gazette of Romania, Part I, no.507 of July 30, 2007, as amended and supplemented;

§ Law 193/2006 regarding the grant of crèches tickets, published in the Official Gazette of Romania, Part I, no.446 of May 23, 2006, as amended and supplemented;

§ Law 132/2011 approving the Emergency Ordinance no 111/2010 regarding the leave and the monthly indemnity for child raising, published in the Official Gazette of Romania, Part I, no.452 of June 28, 2011.

§ Law no. 416/2001 on minimum guaranteed income, published in the Official Gazette of Romania, Part I, no. 401 of July 20, 2001, as amended and supplemented.

§ Law 276/2010 for completing Law no. 416/2001 on minimum guaranteed income, published in the Official Gazette of Romania, Part I, no.888 of December 30, 2010;

§ Emergency Ordinance no. 70/2010regarding the protection measures in cold season, published in the Official Gazette of Romania, Part I, no.629 of September 2, 2011, as amended and supplemented.

VII - 1. Regulatory framework

Article 39. C102 and ECSS

Each Member (Contracting Party) for which this Part of this Convention (Code) is in force shall secure to the persons protected the provision of family benefit in accordance with the following Articles of this Part.

Please give a general description of the design of the scheme and of the objectives of national policy illustrated, if necessary, by the relevant statistical information.

The social assistance system in Romania was reformed in 2011 and in the same time all the programs targeted to families with children/vulnerable persons were revised. The new Law of social assistance no. 292/2011 establishes the new principles of organising, functioning and financing of the social assistance system in Romania. The purpose of this reform was to improve the social assistance system and to increase the efficiency of all the measures in this field, by targeting all vulnerable persons.

According to Law of social assistance no. 292/2011, the national social assistance system is a set of institutions, measures and actions, through which the state, represented by central and local government authorities and civil society intervene to prevent, limit or remove the effects of temporary or permanent situations that can lead to marginalization and social exclusion of the person, family, groups or communities. The national system of social assistance intervenes subsidiary or, where appropriate, complementary to social security systems and consists of social benefits system and social services system.

Social assistance, through specific measures and actions, aims to develop individual, group or collective capacities to provide social needs, increase the quality of life and promote cohesion principles and social inclusion.

According to Law of social assistance no. 292/2011, social assistance benefits, depending on their purpose, are classified as follows:

a) social benefits for the prevention and combating poverty and social exclusion risk;

b) social assistance benefits for child and family support;

c) social assistance benefits to assist people with special needs;
d) social assistance benefits for special situations.

Child raising indemnity and insertion incentive, regulated by GEO no. 111/2010, modified by Law no. 66/2016, starting from July 2016, establishes that for fulfilment of eligibility criteria for parental leave and child raising indemnity, the parent must provide proof of having 12 months of income subject to taxation according to Fiscal Code, during the last two years prior to the birth of the child, including similar periods, according to the law. Currently there is only one type of parental leave, until the age of 2 of the child or 3 years old, in the case of children with disabilities. The minimum amount of child raising indemnity has been increased from 1,2 ISR (600 lei), to 85% of the minimum gross wage which is 1,250 lei (1,063 lei). The maximum amount of the child raising indemnity has been established to 85% of the average professional net income earned by the parent.

The insertion incentive will be granted until the age of 3 of the child and the monthly amount will be increased from 500 lei to 532 lei (50% from the minimum child raising indemnity). The amount of the child raising indemnity, for parents who take care of a child with disability, aged between 3 and 7 years old, who are entitled to parental leave, has been increased from 450 lei to 1.063 lei.

The new legal provision has been also setting up a new type of benefit for parents who take care of a child with disability and who are active on the labor market, having a part time contract. The new benefit will be 50% from the minimum child raising indemnity (532 lei) and can be cumulated with the salary. In addition to that, the amounts of allowances and aids granted to persons/parents who take care of children with disabilities and also those granted to persons with disabilities who take care of children, have been increased by 5%, according to articles 31 and 32 from GEO no. 111/2010.

The Minimum Inclusion Income (MII) will represent the main supporting instrument/program for preventing and combating poverty and the risk of social exclusion, being granted from the state budget, as a difference between the level of benefits regulated by the law and the net income of the family or single person, earned during a certain period of time. The purpose of the program is to guarantee a minimum level of income to every person in Romania. The MII project regulates the categories of financial support, which are the components of the minimum inclusion income: inclusion aid, allowance for families with children, dwelling supplement. The inclusion aid covers the food poverty of the family, a component which is currently regulated by the guaranteed minimum income (GMI), the allowance for families with children covers the additional needs of a family with childcare responsibilities, a component which is currently regulated by the family support allowance (FSA), the dwelling supplement covers fuel poverty, a component which is currently regulated by the heating benefits (HB). The income of the family is calculated according to the dimension of the family by using equivalence coefficients reflecting the distribution of consumption (1 for the first adult in the family and 0,5 for each of the other members of the family = equivalent adult). The new program establishes a single minimum threshold of 260 lei per equivalent adult, this amount targeting the poorest 10% of the population. Also, the amount of the inclusion aid for the single person will be increased by 83% compared to the current situation and the pro-work component of the new program will be strengthened, by introducing financial incentives in all components of the MII and exempting part of the earnings from work, in such a way that the social action changes its outcome from a reactive intervention to a proactive one.

VII - 2. Contingency covered

Article 40. C102 and ECSS

The contingency covered shall be responsibility for the maintenance of children as prescribed.

§1(e) Article 1. C102, §1(h) Article 1. ECSS

The term “child” means a child under school leaving age or under 15 years of age, as may be prescribed.

Family benefits are granted to the family and take into account childbirth, education and childcare. The types of family benefits granted during 1 July 2011 to 30 June, 2016:

Ø State allowance for childrenis a universal right, granted by the State for all children up to age 18, without discrimination. Young people, after age 18, attending high school or professional school, are entitled to state allowance for children up to the completion of these studies. Also children of residing foreign citizens and stateless persons enjoy this right under the law in Romania. State allowance is given in different amounts, as follows (amounts for 2016):

o 84 lei for children with the age between 2 years and 18 years old, and also for young people after the age of 18 until they finish the educational courses or vocational educational courses.

o 200 lei for children with the age up to 2 years old or up to 18 years old, in the case of children with disability.

Type of benefit	Age of the children	July 2011 (lei)	2012 (lei)	2013 (lei)	2014 (lei)	2015 (lei)	June 2016 (lei)
State allowance for children (amounts incresead starting from June 2015)	children > 2 years	42	42	42	42	42/ 84 (June 2015)	84

	children disability> 3 years	42	84	84	84	84/200 (June 2015)	200
	children < 2 ani	200	200	200	200	200	200
	children disability < 3 years

Ø Placement monthly allowance, is given in support of the person or legal representative of the family who took in placement one or more children. Allowance is granted from the state budget for each child or young person who benefits from the measure of placement to a person, family, guardian, foster parent or to residential careorganized by an authorized private body.

Monthly amounts for 2016 of placement allowance is 600 lei and for children with disabilities this amount is increased by 50%, reaching 900 lei. This allowance is paid until the age of 18 years old of the child and after 18, if the measure of placement is continued after this age, acoording to Law no. 272/2004. On request of the young person, expressed after the age of 18, if he/she continues studying on daily courses, the placement measure is granted for the whole period of studies, up to the age of 26.

Type of benefit

July 2011

(lei)

2012

(lei)

2013

(lei)

2014

(lei)

2015

(lei)

June 2016

(lei)

Placement monthly allowance (amounts increased starting from December 2014)

97/145 (for child with disability)

97/145 (for child with disability) amounts increased starting from December 2014

600/900 (for child with disability)

600/900

Ø The allowance for family support replace the former allowance for family ssupport starting with 2011 and is given differently depending on family structure and revenues. The allowance is granted to families consisting of husband, wife and dependent children aged up to 18 years who live together. Families whose members are Romanian citizens residing in Romania benefit from this allowance, as well as foreign citizens or stateless persons resident or, if applicable, residing in Romania. Adopted children, children in foster care or custody or guardianship for which tutorship was established, are considered as part of the family.

In 2013, semester II, these allowances were granted to families with children who have net monthly income per family member up to 530 RON. The amounts of these benefits varied by type of family and number of children as follows:

· Allowance for two parents families with incomes between 0-200 RON/person:
a) 40 RON for families with one child;

b) 80 RON for family with 2 children;

c) 120 RON for family with 3 children;

d) 160 RON for family of 4 or more children.

· Allowance fortwo parentfamilies with incomes between 201-530 RON/person:
a) 33 RON for families with one child;

b) 66 RON for family with 2 children;

c) 99 RON for family with 3 children;

d) 132 RON for family of 4 or more children.

· Allowance for single parent with incomes between 0-200 RON/person:
a) 65 RON for families with one child;

b) 130 RON for family with 2 children;

c) 195 RON for the family with3 children;

d) 260 RON for family of 4 or more children.

· Allowance for single parent with incomes between 201-530 RON/person:
a) 60 RON for families with one child;

b) 120 RON for family with 2 children;

c) 180 RON for the family with 3 children;

d) 240 RON for family of 4 or more children.

Families who have dependent children of school age receive family support allowance, given that children are in organized education. Therefore, the program increases the children's education by introducing the school attendance conditionality for school children from beneficiary families; the amount of the allowance can be adjusted or diminished based on their school absences.

Type of benefit	Type of family, level of income and number of children	July 2011 (lei)	2012 (lei)	2013 (lei)	2014 (lei)	2015 (lei)	June 2016 (lei)
The allowance for family support	Two parent families (incomes >200 lei)			starting from July 2013 increased with 30% compared to 2012	Starting from November 2014 Increased with 105% compared to 2013
	- families with 1 child	30	30	40	82	82	82
	--families with 2 children	60	60	80	164	164	164
	-families with 3 children	90	90	120	246	246	246
	-famillies with 4 and more children	120	120	160	328	328	328
	Two parent families (incomes between 201 - 370 lei) starting from July 2013 (incomes between 201 - 530 lei)			starting from July 2013 increased with 30% compared to 2012	Starting from November 2014 Increased with 127% compared to 2013	Increased with 127% compared to 2013
	- families with 1 child	25	25	33	75	75	75
	-families with 2 children	50	50	66	150	150	150
	-families with 3 children	75	75	99	225	225	225
	-famillies with 4 and more children	100	100	132	300	300	300
	Single parent families (incomes >200 lei)			starting from July 2013 increased with 30% compared to 2012	Starting from November 2014 Increased with 65% compared to 2013	Increased with 65% compared to 2013
	- families with 1 child	50	50	65	107	107	107
	-families with 2 children	100	100	130	214	214	214
	-families with 3 children	150	150	195	321	321	321
	-famillies with 4 and more children	200	200	260	428	428	428
	Single parent families (incomes between 201 - 370 lei) starting from July 2013 (incomes between 201 - 530 lei)			starting from July 2013 increased with 30% compared to 2012	Starting from November 2014 Increased with 70% compared to 2013	Increased with 70% compared to 2013
	- families with 1 child	45	45	60	102	102	102
	-families with 2 children	90	90	120	204	204	204
	-families with 3 children	135	135	180	306	306	306
	-famillies with 4 and more children	180	180	240	408	408	408

Ø Parental leave and child raising indemnity (GEO no. 111/2010) is a categorical program, granted to the persons who, during the last year prior to childbirth, earned for 12 months professional incomes (incomes from wages, self-employed activities and agriculture activities, subject to taxation according to the Fiscal Code, including from similar periods, according to the law). The child raising indemnity is a compensation, paid from the state budget, for the parents who interrupt their professional careers and take parental leave to raise children under the age of 2 years or, if a disabled child, up to 3 years.

People that are entitled to receive child raising indemnity, but still work, earning professional incomes subject to income taxation, are entitled to an incentive insertion. This incentive is in fact a measure of supporting the parents returning to work before the child reaches the age of 2 or 3 years, if disabled child.

Has the right to the child raise indemnity and to the insertion incentive, optionally, any of the parents and also one of the persons who adopted the child, who has a child entrusted for adoption, who has a child in placement or in emergency placement, excepting the foster care person, and also the guardian person. The two benefits are granted for each birth or, as the case may be, for any of the situations aforementioned. The parents can choose between two options of parental leave and child raise benefit:

· Option I: parental leave up to 1 year old, or 3 years old (for children with disabilities) and a child raising benefit in amount of 85% from the average of the professional net incomes earned in the last 12 months before the child birth date, which cannot be less than 600 lei and more than 3.400 lei.

· Option II: parental leave up to 2 years old and a child raising benefit in amount of 85% from the average of the professional net incomes earned in the last 12 months before the child birth date which cannot be less than 600 lei and more than 1.200 lei.

(since October 2012 it was reintroduced the percentage of 85% of the average net monthly income earned by the beneficiaries in the past 12 months, after this amount had previously been reduced by 15%, according to Law no. 118/2010 on measures necessary to restore the budgetary balance).

The persons who are entitled to the child raising benefit and who return to the professional activity until the child turns 2 years old and earn incomes subject to taxation according to Fiscal Code are entitled to a monthly insertion incentive in amount of 500 lei.

Benefits and aids for raising the children with disability (articles 31 and 32 from Government Emergency Ordinance no.111/2010 on parental leave and child raising benefits, with subsequent amendments). Are granted to the persons/parents who take care of their children with disabilities and also to the persons with disabilities who take care of their children. Monthly amounts:

- monthly benefit for raising the child with disability, in amount of450 lei, granted to the persons who take care of children with disabilities, aged between 3 and 7 years old, who benefited from the rights established by GEO no. 111/2010 and who choose to continue with the parental leave until the age of 7 years old of the child.

- monthly aid for raising the child with disability, in amount of450 lei, granted to persons with high/pronounced disabilities, who take care of children with disabilities, aged between 0 and 3 years old, who don’t earn any income besides the social assistance benefits for disabled persons.

- monthly aid for raising the child with disability, in amount of300 lei, granted to persons with high/pronounced disabilities, who take care of children with disabilities, aged between 3 and 7 years old, who don’t earn any income besides the social assistance benefits for disabled persons.

- monthly aid for raising the child with disability, in amount of 300 lei, granted to persons who take care of children with disabilities, aged between 0 and 3 years old, who do not fulfil the conditions established by GEO no. 111/2010 for parental leave and child raise benefit.

- monthly aid for raising the child with disability, in amount of 150 lei, granted to persons who take care of children with disabilities, aged between 3 and 7 years old, who do not fulfil the conditions established by GEO no. 111/2010 for parental leave and child raise benefit.

- monthly aid for raising the child, in amount of 450 lei, granted to persons with high/pronounced disabilities, who take care of children aged between 0 and 2 years old, who do not fulfil the conditions established by GEO no. 111/2010 for parental leave and child raise benefit.

- monthly aid for raising the child, in amount of 150 lei, granted to persons with high/pronounced disabilities, who take care of children aged between 2 and 7 years old, who do not fulfil the conditions established by GEO no. 111/2010 for parental leave and child raise benefit.

Type of benefit	July 2011 (lei)	2012 (lei)	2013 (lei)	2014 (lei)	2015 (lei)	June 2016 (lei)
Child raising benefit	75% from the average of the professional net incomes earned in the last 12 months before the child birth date, which cannot be less than 600 lei and more than 1.200 lei or 3.400 lei.	75% from the average of the professional net incomes earned in the last 12 months before the child birth date, which cannot be less than 600 lei and more than 1.200 lei or 3.400 lei. (from October 2012 85% according to Law no..166/2012)	85% from the average of the professional net incomes earned in the last 12 months before the child birth date, which cannot be less than 600 lei and more than 1.200 lei or 3.400 lei.	85% from the average of the professional net incomes earned in the last 12 months before the child birth date, which cannot be less than 600 lei and more than 1.200 lei or 3.400 lei.	85% from the average of the professional net incomes earned in the last 12 months before the child birth date, which cannot be less than 600 lei and more than 1.200 lei or 3.400 lei.	85% from the average of the professional net incomes earned in the last 12 months before the child birth date, which cannot be less than 600 lei and more than 1.200 lei or 3.400 lei.
Benefits and aids for raising the children with disabilities (granted to persons who take care of children with disabilities or for persons with disabilities who take care of children )	150/300/ 450	150/300/ 450	150/300/ 450	150/300/ 450	150/300/ 450	150/300/ 450
Insertion incentive	500	500	500	500	500	500

Ø Gift vouchers and nursery vouchers are value vouchers given by employers to employees who do not take parental leave and do not benefit from parental indemnity to raise children, but receive services in nurseries. The monthly amount given in the form of nursery vouchers, as of May 2016 is 440 RON (according to the Order of the Minister of Labour, Family, Social Protection and Elderly no. 933/2016). These sums are paid by the employer, within the limits approved for staff salaries.

Type of benefit

July 2011

(lei)

2012

(lei)

2013

(lei)

2014

(lei)

2015

(lei)

June 2016

(lei)

Nursery vouchers

Starting from February 370/ Starting from October 370

Starting from May 400/ Starting from November 400

Starting from May 420/ Starting from November 430

Starting from May 430/ Starting from November 440

Starting from May 440/

Starting from November 440

Starting from May 440/

Starting from November 440

Ø special benefits for disabled children (art. 58 from Law no.448/2006):

The family or the legal representative of a child with severe, pronounced or medium disability are entitled to a monthly complementary budget, provided regardless of incomes, during the period in which the child is upbrought, in care or supervision. The amounts (2016) are differentiated by the degree of disability of the child a follows:

a) 106 lei, granted to the adult with severe disability and to the family or legal representative of the child with severe disability, regardless of their income ;

b) 79 lei, granted to the adult with pronounced disability and to the family or legal representative of the child with pronounced disability, regardless of their income;

c) 39 lei, granted to the adult with medium disability and to the family or legal representative of the child with medium disability, regardless of their income.

Type of benefit

July 2011

(lei)

2012

(lei)

2013

(lei)

2014

(lei)

2015

(lei)

June 2016

(lei)

Monthly complementary budget (the amounts were increased starting from January 2015)

91/68/35,5

106/79/39

[Report 2015-ECSS]

VII - 3. Persons protected

Article 41. C 102 and ECSS

The persons protected shall comprise, [as regards the periodical payments specified in Article 42 - ECSS]:

(a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or

(b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents.

[(c) all residents whose means during the contingency do not exceed prescribed limits – C102].

In accordance with Law no. 292/2011 on social assistance all Romanian citizens who are on the Romanian territory, domicile or residence in Romania, citizens of EU Member States, of the European Economic Area and Swiss Confederation, foreigners and stateless persons domiciling or residing in Romania are entitled to social assistance under the Romanian law and the EU regulations as well as the agreements and treaties to which Romania is a party, without any discrimination. The aforementioned persons have the right to be informed on the content and modalities for granting social assistance measures and actions. The right to social assistance is granted on request or ex officio, as the case may be, in accordance with the law.

The social assistance system, according to the Romanian legislation, is a component of the social protection system, and includes social services and social assistance benefits, based on the non-contributory principle.

With the entry into force of Law no. 292/2011, the syntagm "social benefits" was replaced by that of "social assistance benefits", in line with the terminology currently used in the field at European level.

Based on all these provisions, one may conclude that the reporting regarding the ECSS’ chapter on family benefits is done under subparagraph b) of Article 41.

	FAMILY BENEFITS	Monthly average number of beneficiaries Sem. II 2011	Monthly average number of beneficiaries 2012	Monthly average number of beneficiaries 2013	Monthly average number of beneficiaries 2014	Monthly average number of beneficiaries 2015	Monthly average number of beneficiaries Sem .I 2016
1.	State allowance for children Total, of which :	3.806.457	3.825.080	3.779.894	3.727.859	3.691.195	3.704.984
	200 RON	366.206	349.241	337.712	333.196	331.182	335.269
	200 RON disability	5.422	6.281	5.405	4.755	4.394	4.283
	42 RON	3.382.420	3.416.902	3.382.147	3.334.692	3.299.643	3.307.771
	84 RON	52.409	52.656	54.630	55.216	55.976	57.661
2.	Allowance for family support	368.901	301.586	260.416	247.620	277.624	280.837
3.	Placement allowance	44.007	40.810	40.352	39.165	40.033	41.193
4.	Child raising indemnity	185.865	160.028	142.170	139.572	138.350	139.267
5.	Insertion incentive	10.864	18.885	30.780	33.659	37.384	38.824
6.	Special allowances to raise a disabled child Total, of which:	6.805	6.995	7.873	8.497	8.566	8.646
	Allowance to raise a disabled child, for children with disabilities aged 3 to 7 years;	3.555	3.680	4.063	4.291	4.059	3.962
	Monthly allowance given to a person with severe disabilities who do not make any income, until the child reaches the age of 3 years;	26	28	28	38	46	59
	Monthly allowance given to a person with severe disabilities who do not make any income, for children aged 3 to 7 years;	100	98	92	99	102	201
	Monthly allowance paid to the person that does not qualify for the parental leave and monthly allowance to raise a child, until the child reaches the age of 3 years;	90	139	157	211	269	180
	Monthly support paid to the person that does not qualify for the parental leave and monthly allowance to raise a child, for children aged 3 to 7 years.	608	523	569	575	591	565
	Monthly allowance paid to a person with severe disabilities that does not qualify for the parental leave and monthly allowance to raise a child, until the age of 2 years	915	902	1.030	1.192	1.237	1.079
	Monthly allowance paid to a person with severe disabilities that does not qualify for the parental leave and monthly allowance to raise a child, for children aged 2 to 7 years	1.511	1.625	1.934	2.091	2.262	2.600
7.	Monthly complementary budget for children	59.354	59.946	60.156	59.068	60.276	60.276
	Total, of which:
	Children with severe disability	29.685	30.624	31.740	31.970	32.760	32.760
	Children with pronounced disability	12.468	12.178	11.922	12.176	12.793	12.793
	Children with pronounced disability	17.201	17.144	16.494	14.922	14.723	14.723
	TOTAL number of family benefits granted at national level	4.482.253	4.413.330	4.321.641	4.225.440	4.253.428	4.274.027

According to the data provided by INS, TEMPO -online-, the resident population at 1st of January 2016 on age groups, the total number of all resident children aged 0-18 years was 3.946.455 in 2015.

[Report 2015-ECSS]

VII - 4. Types of Benefit

Article 42. C102 and ECSS

The benefit shall be:

(a) a periodical payment granted to any person protected having completed the prescribed qualifying period; or

(b) the provision to or in respect of children of food, clothing, housing, holidays or domestic help; or

(c) a combination of (a) and (b).

The specific legislation regulating the system of family allowances provides for the amount of money allocated from the state budget. [STAT↑]

year 2016, 1^st semester

	FAMILY BENEFITS	Amount (RON)	Periodicity
1.	State allowance for children: Up to 2 years or 3 years, for children with disabilities After 3 years (children with disabilities) After 2 years	200 200 84	Monthly
2.	Allowance for for family support		Monthly
3.	Allowance for two parents families with incomes between 0-200 RON/person: · families with one child · families with two children · families with three children · families with four or more children	82 164 246 328	Monthly
4.	Allowance for two parents families with incomes between 201-530 RON/person: · families with one child · families with two children · families with three children · families with four or more children	75 150 225 300	Monthly
5.	Allowance for single-parent family with incomes between 0-200 RON/person: · families with one child · families with two children · families with three children · families with four or more children	107 214 321 428	Monthly
6.	Allowance for single-parent family with incomes between 201-530 RON/person: · families with one child · families with two children · families with three children · families with four or more children	102 204 306 408	Monthly
7.	Placement allowance - for disabled children	600 900	Monthly
8.	Child raise indemnity	Minimum 600 Maxiumum 3400/1200	Monthly
9.	Insertion incentive	500	Monthly
10.	Special benefitd/aids for raising the disabled child Allowance to raise a disabled child, for children with disabilities aged 3 to 7 years; Monthly allowance given to a person with severe disability who do not make any income until the child reaches the age of 3 years; Monthly allowance given to a person with severe disability who do not realize incomes, for children aged 3 to 7 years; Monthly allowance paid to the person that does not qualify for the parental leave and monthly allowance to raise a child, until the child reaches the age of 3 years; Monthly allowance paid to the person that does not qualify for the parental leave and monthly allowance to raise a child, for children aged 3 to 7 years Monthly allowance paid to a person with severe disability that does not qualify for the parental leave and monthly allowance to raise a child, until the age of 2 years Monthly allowance paid to a person with severe disability that does not qualify for the parental leave and monthly allowance to raise a child, for children aged 2 to 7 years.	450 450 300 300 150 450 150	Monthly

Starting from June 2015 entered into force the G.E.O no. 65/2014 amending and supplementing certain legal acts. According to these provisions were increased the amounts of certain family benefits such as:

- Allowance for family support, (Law no. 277/2010 on family support allowance, republished); the amount has been increased starting from November 2014, (for two parents family the minimum amount is 82 lei and the maximum amount is 328 lei). (for single parent family minimum amount is 107 lei and the maximum amount is 428 lei).

- Placement allowance, (Law no. 272/2004 on the protection and promotion of children's rights, republished); the amount has been increased starting from 1^st December 2014, from 97 lei to the value of 600 lei, and for children with disabilities, HIV or AIDS, the sum of the amounts required for granting rights increased from 146 lei to 900 lei; procedure for determining and paying the monthly placement allowance was established by Order no. 1733/2015 of M.M.F.P.S.P.V;

- Also, the single Article, point 1 of Law no. 125/2015 changed the amount of the state allowance for children provided by Law no. 61/1993 on state allowance for children. The amount was increased since June 2015, as follows :

· 84 lei for children with the age between 2 years and 18 years old, and also for young people after the age of 18 until they finish the educational courses or vocational educational courses.

· 200 lei for children with the age up to 2 years old or up to 18 years old, in the case of children with disability.

VII - 5. Qualifying period

Article 43. ECSS, Article 43 ECSS

The benefit specified in Article 42 shall be secured at least to a person protected who, within a prescribed period, has completed a qualifying period which may be one month of contribution or employment, or six months of residence, as may be prescribed.

§1(f) Article 1. C102, §1(i) Article 1. ECSS

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

Allocation of family benefits covers all persons living in Romania without requiring a period of contribution to the system. We should mention that the system of social assistance, family allowances as part of it, is a non-contributory system and all the family benefits are paid from the state budget, including the child raising indemnities and the insertion incentive.

Parental leave and child raising indemnity (GEO no. 111/2010) is a categorical program, which has a qualifing period because is granted to the persons who, during the last year prior to childbirth, earned for 12 months professional incomes (incomes from wages, self-employed activities and agriculture activities, subject to taxation according to the Fiscal Code, including from similar periods, according to the law). The child raising indemnity is a compensation, paid from the state budget, for the parents who interrupt their professional careers and take parental leave to raise children under the age of 2 years or, if a disabled child, up to 3 years.

People that are entitled to receive child raising indemnity, but decide to come back to work, earning professional incomes subject to income taxation, are entitled to an incentive insertion until the child reaches the age of 2 or 3 years, if disabled.

VII - 6. Calculation of Benefit

Article 44. C102 and ECSS

The total value of the benefits granted in accordance with Article 42 to the persons protected shall be such as to represent:

[(a) 3 per cent. of the wage of an ordinary adult male labourer, as determined in accordance with the rules laid down in Article 66, multiplied by the total number of children of persons protected; - C102 ] or

(b) 1.5 per cent. of the said wage, multiplied by the total number of children of all residents.

The report for the period July 2011-June 2016 is taking into account theaverage monthly gross earnings/incomes in manufacturing economic activity, data source: INS, Annex to this Report.

Acoording to the data provided by INS (National Institute for Statistics), Statistical survey on salaries in month October for the period 2011-2012, the average monthly gross earnings in October of an ordinary adult male labourer in 2011 was 1.177 lei and in 2012 was 1.246 lei. Based on administrative data provided by INS the average monthly gross income in October of an ordinary adult male labourer obtained in 2013 was 1223 lei. Average monthly gross earnings in month October, 2014 are 1.405.

The total number of all resident children aged 0-18 years, the resident population at 1st of January on age groups, data source TEMPO, INS:

	2011	2012	2013	2014	2015
Age groups	Number of children	Number of children	Number of children	Number of children	Number of children
0- 4 years	1.049.838	1.036.065	1.000.902	963.275	957.202
5- 9 years	1.055.182	1.056.380	1.059.569	1.064.818	1.069.067
10-14 years	1.092.499	1.091.804	1.079.138	1.066.516	1.054.815
15-18 years	886.498	878.432	872.230	863.594	865.371
Total	4.084.017	4.062.681	4.011.839	3.958.203	3.946.455

Year 2011: 1,5% X 1.177 lei X 4,084,017 = 72,103,320.13lei

Year 2012: 1,5% X 1.246 lei X 4,062,681 = 75,931,507.89 lei

Year 2013: 1,5% X 1.223 lei X 4,011,839 = 73,597,186.45 lei

Year 2014: 1,5% X 1.405 lei X 3,958,203 = 83,419,128.22 lei

Year 2015: 1,5% X 1.405 lei[2] X 3,946,455 = 83,171,539.12 lei

Ø Social Security (Minimum Standards) Convention, 1952 (No. 102) - Romania (Ratification: 2009) Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013) – due in 2016

Part VII (Family benefits). Article 44 in conjunction with Article 66. Statistical information regarding the total value of benefits granted. According to the report, the total number of children of all persons protected reported under Part VII amounted to 3,892,407, while the records of the CNAS reported under Part II contained 4,220,018 children. The Committee further notes that the report calculates the total value of family benefits on the basis of the national gross monthly minimum wage, which would be lower than the reference wage of a person deemed typical of unskilled labour determined under Article 66 of the Convention. In view of these incompatibilities, the Committee invites the Government to review in its next report the statistical data and the calculation made under Article 44 of the Convention.

Ø Report 2011-C102:

Part II. Medical Care. Article 9.

According to existing records in the National House of Health Insurance, as to 31.12.2010 were erolled on the lists of family doctors, as follows:

· Children up to age 18: 4,220,018;

· Husband, wife, parents without their own income, dependent of an insured person: 799,361 (within this category of persons data on each type of co-insured person, for example, spouse depending of the protected are not differentiated).

Part VII. Family Benefit. Article 44.

Given the non-contributory family benefits system in Romania, report will be made in accordance with national gross minimum wage for the year 2010, namely 600 lei. The total number of all resident children 0-18 years, in the year 2010 is 3,892,407.

	Amounts paid -lei-
Family benefits	Sem. II 2011	2012	2013	2014	2015	Sem. I 2016
1. State allowance for children	1.397.650.944	2.762.798.774	2.718.491.547	2.684.862.102	3.541.590.789	2.222.660.465
2. Allowance for family support	132.625.738	216.861.399	215.061.950	260.682.745	535.518.000	268.322.148
3. Placement Allowance	26.219.657	53.002.893	51.833.331	71.387.819	317.207.573	163.136.204
4. Child raise indemnity	1.051.847.883	1.760.287.099	1.534.501.939	1.552.480.562	1.578.924.746	823.593.109
5. Monthly insertion incentive	13.949.487	98.023.210	189.548.710	207.880.985	230.358.988	119.549.968
6 .Special benefits/aids for raising a disabled child	15.431.973	31.760.431	34.900.103	37.356.001	36.238.816	17.696.450
7. Complementary monthly budget	24.752.355	50.270.544	51.019.020	50.845.500	59.975.749	30.344.424
TOTAL	2.662.478.037	4.973.004.350	4.795.356.600	4.865.495.714	6.299.814.661	3.645.302.768

Ø Appendix XV, Conclusions of the CEACR concerning the application of the ECSS (adopted 18 November–5 December 2015)

Part VII (Family benefit), Article 44, in conjunction with Article 66. Total value of benefits provided. In order to establish conformity with Article 44 of the Code, the Government should provide in its next report the calculations of the total value of family benefits based on the reference wage of the ordinary adult male labourer for 2015, using the methodology set out in Article 66 of the Code and explained in the ILO technical note, which is appended to these conclusions. Please explain the reasons for the substantial decrease between 2013 and 2014 in the volume of family benefits.

- Year 2013 –

	Family benefits	Amounts paid - lei -
1.	State allowance for children	2,718,491,547
2.	Allowance for family support	215,061,950
3.	Allowance for family placement	51,833,331
4.	Child raise indemnity	1,534,501,939
5.	Monthly insertion incentive	189,548,710
6.	Special indemnities/aids for raising a disabled child	34,900,103
7.	Complementary monthly budget	51,019,020
TOTAL		4,795,356,600

Year 2014

	Family benefits	Amounts paid - lei -
1.	State allowance for children	2.684.862.102
2.	Allowance for family support	260.682.745
3.	Allowance for family placement	71.387.819
4.	Child raise indemnity	1.552.480.562
5.	Monthlyinsertion incentive	207.880.985
6.	Special indemnities/aids for raising a disabled child	37.356.001
7.	Complementary monthly budget	50.845.500
TOTAL		4.865.495.714

	Family benefits	Amounts paid - lei -
1.	State allowance for children	3.541.590.789
2.	Allowance for family support	535.518.000
3.	Allowance for family placement	317.207.573
4.	Child raise indemnity	1.578.924.746
5.	Monthly insertion incentive	230.358.988
6.	Special indemnities/aids for raising a disabled child	36.238.816
7.	Complementary monthly budget	59.975.749
TOTAL		6.299.814.661

VII – 7. Duration of Benefit

Article 45. C102 and ECSS

Where the benefit consists of a periodical payment, it shall be granted throughout the contingency.

VII - 8. Suspension of Benefit

See under Part XIII-1

The procedure for suspension of payments for family benefits is provided in special legislation regulating the system.

Payment of allowance for family support shall be suspended in the month following the one when it is ascertained one of the situations bellow:

· during the placement or emergency placement of the child in a residentianl care service.

· when the unjustified school absences recorded by a child of a family that benefits from family allowance exceed the number of 20;

· the holder did not submit to the city hall, every three months after the entitlement was established, a declaration on his own responsibility concerning the family componence and the incomes earned by its members;

· in case the paying institution (county agency for payments and social inspection) finds out that the right to family support allowance was established based on inaccurate data on income or family composition or changes have occurred during their grant;

· for a period of 3 consecutive months there were registered money orders returned for the holder of the family support allowance.

· following the control of the social inspectors or of the representatives of the Court of Accounts have been found erroneous data on family composition or incomes of the beneficiaries.

Payment of the child raising indemnity and of the monthly insertion incentive can be suspended from the month following the one when it is ascertained one of the situations bellow:

a) the recipient is deprived of parental rights;

b) the recipient is removed by law from exercising guardianship;

c) the recipient no longer meets the conditions prescribed by law for custody of the child for adoption;

d) the recipient no longer meets the conditions prescribed by law to maintain the measure of placement;

e) the recipient is executing a sentence of imprisonment or detention in custody for more than 30 days;

f) the child is abandoned or is placed in a public or private care institution;

g) the beneficiary has deceased;

h) it is found that for 3 consecutive months money orders sent by post are returned.

i) beneficiary earns incomes subject to income tax by pursuing a professional activity during the parental leave and during a calendar year the level of these incomes exceeds three times the minimum amount of child raise indemnity (3*1.063 lei=3.189 lei)

Payment of rights representing child raising indemnity and monthly insertion incentive is suspended from the day after the person no longer meets the following conditions:

a) is no longer a Romanian citizen, alien or stateless;

b) has no longer, by law, domicile or residence in Romania;

c) no longer lives with the child / children for whom is looking for rights and is no longer involved in his / their growth and care.

Payment of the monthly insertion incentive is also suspended from the day after the beneficiary request the right to the parental leave and no longer gets professional income subject to income tax.

Payment of the special indemnities/aids for raising a disabled child can be suspended from the month/day following the one when it is ascertained one of the situations bellow:

a) the recipient is deprived of parental rights;

b) the recipient is removed by law from exercising the guardianship;

c) the recipient no longer meets the conditions prescribed by law for custody of the child for adoption;

d) the recipient no longer meets the conditions prescribed by law to maintain the measure of placement;

e) the recipient is executing a sentence of imprisonment or detention in custody for more than 30 days;

f) the child is abandoned or is placed in a public or private care institution;

g) the beneficiary has deceased;

h) the child doesn’t have a degree of disability or, the entitled persons is assigned to another degree of disability;

i) it is found that for 3 consecutive months money orders sent by post are returned.

Payment of placement allowance can be suspended from the month following the one when it is ascertained one of the situations bellow:

a) the young person who accomplished 18 years old didn’t present the evidence of continuing the studies, day courses form, from 6 to 6 months.

b) the young person for whom a placement measure was established has accomplished 18 years old and didn’t present the evidence of continuing the measure of placement, acoording to law.

c) is found that for 3 consecutive months money orders sent by post are returned.

Payment of allowance is suspended from the day after the recipient gets professional income subject to income tax and incentive pay is suspended from the day after the recipient no longer gets professional income subject to income tax.

· Payment of family benefits,: they are given as long as people meet the eligibility requirements under national law and EU regulations in the field of family benefits.

VII – 9. Right of appeal

See under Part XIII-2

The new Law of social assistance no. 292/2011 established new principles in the filed of social assistance and the Social Mediation Commission is not functionning any more.

Every person who consider injured/harmed in his legitimate right or in a legitimate interest by a public authority, by an administrative act or by unsolving in legal term his claim may address to the competent administrative court to cancel the act, to recognize the right to claim or his legitimate interest and to repair the damage was caused.

The procedure for solving the requests/claims in contentious-administrative is stipulated in Law of the contentious-administrative proceedings no. 554/2004.

Before to address to the competent court of administrative contencious, the person who is considering himself/herself to be harmed in one of his/her right or in a legitimate interest through an individual administrative act has to request to the public authority or to the superior authority, if there is one, in a period of up to 30 days from the date of communication of the act, the ademption, in whole or in part, of this. In case of normative administrative act, the complain can be formulated anytime.

In the same time, the persons can address to National Agency for Payments and Social Inspection, which has the main goal to control the implementation of the legislation in the field, as well as to inspect the activity of the public and private institutions, which are responsible with the granting of the benefits and social services. To fulfill its role, this institution has the role to control, through which it is verifying the provisions of normative acts which are in force in the social assistance field.

As social assistance benefits are concerned, in case that the solicitant or, where applicable, the beneficiary of social rights consider themselves wronged by the decision issued by a public institution with regard to his/her right, he/she may address a complaint in the attention of the following institutions: the President of Romania, the Romanian Government, the Ministry of Labour, Family, Social Protection and Elderly (the Directorate General for Social Assistance), the National Agency for Payments and Social Inspection, the county agencies for payments and social inspection, the local public authorities (city halls, county councils, prefectures).

VII - 10. Financing and Administration [STAT↑]

See under Part XIII-3

Social assistance is financed by funds from the state budget, local budgets, donations, sponsorships and other contributions from individuals or domestic and foreign legal entities, recipients of contributions and other sources in compliance with relevant legislation and within the available financial resources. Social assistance benefits are financed by funding from the state budget and / or local budgets.

The National Agency for Payments and Social Inspection (ANPIS) is established as a specialized body with legal personality, subordinated to the Ministry of Labour, Family, Social Protection and Elderly (MMFPSPV). The Agency operates with this denomination, with the respective prerogatives, since December 2011. In ANPIS’ subordination work the territorial agencies for payments and social inspection, as decentralized public services with legal personality, which aim to manage the system of social assistance benefits at the local level.

ANPIS’ aim is to provide a unified system for managing the process of granting social assistance benefits. The objectives of the Agency in the context of welfare reform are: increasing the coverage in the poorest categories of the population, reducing errors and fraud in the system, increasing the system’s efficiency by reducing beneficiaries’ administrative and private costs.

Through ANPIS’ organization and functioning, MMFPSPV created a uniform system for paying and administration of social assistance benefits, in order to effectively manage the funds allocated. Regarding the Agency’s impact on beneficiaries, ANPIS contributed to increasing the quality of life, inter alia, by simplifying procedures for establishing entitlement to social benefits and the actual payment. ANPIS ensures equal treatment and equal opportunities for every citizen.

From the perspective of the, MMFPSPV, ANPIS creates the conditions to assess accurately the number of beneficiaries and the amounts spent from the state budget. At the same time, the unified information system of ANPIS, currently in the process of improving its databases of beneficiaries in cooperation with the National House of Public Pensions (CNPP), National Agency for Employment (NAE), the Civil Registry and the National Agency for Fiscal Administration (ANAF), will allow the detection of possible abuses of the beneficiaries regarding the request for social assistance benefits.

The actions for streamlining the above-mentioned management system of social assistance benefits have been taken under the Project for the Modernization of Social Assistance in Romania, implemented by the MoLFSPE in partnership with the World Bank. The Romanian Government thus benefits from the expertise of World Bank experts, under a Loan Agreement based on results, concluded with the International Bank for Reconstruction and Development (IBRD), in the amount of 500 million euros. The implementation of the mentioned project is expected to finalize in December 2017.

Part VIII. Maternity benefit

Information sources:

1. 4th Report on the fulfilment of the European Code of Social Security submitted by Romania for the period from 1st July 2014 to 30th June 2015.

2. Report on the Social Security (Minimum Standards) Convention, 1952 (No. 102) (first report). Reference year 2010.

3. Report for the Maternity Protection Convention, 2000 (No.183). Reference year 2013.

List of applicable legislation* [PNL↑]

· Emergency Ordinance no. 158 dated November 17th, 2005 on the leaves of absence and health insurance benefits, with the subsequent amendments and supplements (initial form published in the Official Gazette no. 1074, dated November 29th, 2005), as further amended and completed;

· Order of the Minister of Health and of the President of the National Health Insurance House no. 60/32, dated January 27th, 2006 for the approval of the application norms of the Government Emergency Order no. 158/2005 on the leaves of absence and health insurance benefits, with the subsequent amendments and supplements (initial form published in the Official Gazette no. 147, dated February 16th, 2006), as further amended and completed;

· Law No 227/2015 on the Fiscal Code, as further completed and amended;

· Government Decision No 1/2016 approving the Methodological Norms for the implementation of Law No 227/2015 on the Fiscal Code, as further completed and amended.

VIII - 1. Regulatory framework

Article 46. C102 and ECSS

Each Member (Contracting Party) for which this Part of this Convention (Code) is in force shall secure to the persons protected the provision of maternity benefit in accordance with the following Articles of this Part.

§1 Article 6. C183

Cash benefits shall be provided, in accordance with national laws and regulations, or in any other manner consistent with national practice, to women who are absent from work on leave referred to in Articles 4 or 5.

Article 1. C183

For the purposes of this Convention, the term woman applies to any female person without discrimination whatsoever and the term child applies to any child without discrimination whatsoever.

Please give a general description of the design of the scheme and of the objectives of national policy illustrated, if necessary, by the relevant statistical information.

RF/183: please indicate, for each of the means used, the conditions to qualify for cash benefits, the categories and the number of employed women, including those in atypical forms of dependent work, to which the conditions apply, as well as the total number of women who have been receiving cash benefits from each of the abovementioned sources in the period under review (paragraphs 1 and 5).

VIII - 2. Contingency covered

Article 47. C102 and ECSS

The contingencies covered shall include pregnancy and confinement and their consequences, and suspension of earnings, as defined by national laws or regulations resulting therefrom.

VIII - 3. Persons protected

Article 48. C102 and ECSS

The persons protected shall comprise:

(a) all women in prescribed classes of employees, which classes constitute not less than 50 per cent of all employees, and, for maternity medical benefit, also the wives of men in these classes; or

(b) all women in prescribed classes of the economically active population, which classes constitute not less than 20 per cent of all residents, and, for maternity medical benefit, also the wives of men in these classes.

A. Please, indicate which sub-paragraph of this Article shall apply.

For the medical benefits granted in case of maternity, the sub-paragraph (b) of Article 48 is applied.

Regarding the maternity indemnity related to the maternity and post-delivery leave of absence, the sub-paragraph (b) of Article 48 is applied.

B. Please, indicate the classes of employees or active population protected under this Article.

Regarding the cash benefits for maternity, according to the provisions of Law No 95/2006, republished, the protected individuals are:

- pregnant women insured as any other Romanian citizen, with the residence in Romania and proving the payment of the contribution to the National Unique Health Insurance Fund;

- pregnant women and childwives, having no income or having earnings lower than the national minimum gross basic wage, without paying any contribution to the National Unique Health Insurance Fund.

Regarding the maternity leaves and benefits within the health insurance system, the persons protected during their period of domicile or residence in Romania are the following:

- persons with individual employment contracts or job mandates or carrying out any other independent professions;

- persons carrying out activities in elective functions or appointed within executive, legislative or court authorities, during their mandate;

- members of handicraft cooperative organizations;

- unemployed persons (receiving monthly earnings from the Unemployment Insurance Fund).

Same rights have also the individuals not pertaining to any of the above classes, who are:

- associates, limited partners or stakeholders;

- members of family businesses;

- persons authorized to carry out independent activities;

- persons concluding a social security contract for maternity or ill child care leave and indemnity, if their qualifying period has started until January 1^st 2006;

- spouse of the individual enterprise holder/certified natural person who, without being registered with the Trade Registry or authorized to operate as individual enterprise holder/certified natural person, or not being employee thereof, usually participates in the activity of the individual enterprise/certified natural person, fulfilling either same tasks as the relevant individual enterprise holder/certified natural person or complementary tasks.

C. Please, provide statistical information related to this article, as follows:

i. if sub-paragraph (a) applies in the form of Title I of Article 74; or

Reply: N/A

ii. if sub-paragraph (b) applies in the form of Title II I of Article 74.

Reply:

A. Number of protected individuals economically active (dependants protected by the right of their wage earners should not be included in this number): there are no data concerning the number of insured individuals benefiting of maternity medical leaves and indemnities;

B. Overall number of residents (including children and elderly)

C. Overall number of protected individual economically active (A iii.) as percentage of the overall number of residents (B).

N/A

D. Please confirm that wives of men classified as protected persons are entitled to the medical benefits provided for in Article 49, according to the provisions of this Article.

According to the provisions of Law No 95/2006, the wife without own earnings and being under the care of an insured individual, benefits of health insurance without paying any contribution to the Unique Health Insurance Fund.

E. If above Article 6 is applicable (voluntary insurance) for all or each of the systems in question, please provide information according to this Article, in the form established according to Article 6.

N/A

VIII - 4. Types of Benefit

Article 49. C102 and ECSS

1. In respect of pregnancy and confinement and their consequences, the maternity medical benefit shall be medical care as specified in paragraphs 2 and 3 of this Article.

2. The medical care shall include at least:

(a) pre-natal, confinement and post-natal care either by medical practitioners or by qualified midwives; and

(b) hospitalisation where necessary.

3. The medical care specified in paragraph 2 of this Article shall be afforded with a view to maintaining, restoring or improving the health of the woman protected and her ability to work and to attend to her personal needs.

4. The institutions or Government departments administering the maternity medical benefit shall, by such means as may be deemed appropriate, encourage the women protected to avail themselves of the general health services placed at their disposal by the public authorities or by other bodies recognised by the public authorities.

A. Please indicate in detail the benefits provided under each system, on paragraph 2 of this Article, specifying in particular services that are provided for hospitalization.

According to the provisions of Law No 95/2006, republished, are exempted of payment of co-payment:

- all pregnant women and childwives, for medical services for monitoring the pregnancy and post-

partum condition;

- all pregnant women and childwives with no income or having earnings lower than the national

minimum gross basic wage, for all the required medical services.

The medical services providers having contracts concluded with the health insurance houses shall provide the pregnant women and infants with foreground care services (as established in their contracts with the health insurance houses).

The medical maternity benefits reimbursed from the Unique National Health Insurance Fund, according to the legal provisions, are foreseen to provide:

a) Preventive services:

Ø Primary medical assistance services for monitoring the evolution of pregnancy and post-delivery (between June 1^st 2011 and May 31^st 2016), namely:

a) accept of the pregnant woman during the first pregnancy quarter: it is settled one consult;

b) monthly monitoring from the 3^rd up to the 7^th month: it is settled one consult per month;

c) monitoring twice a month, from the 7^th to the 9^th month, including: there are settled two consults per month;

d) monitoring of the childwife at the discharge from the hospital: it is settled one consult at the residence;

e) monitoring of the childwife after 4 weeks as of the child delivery: it is settled one consult.

The pregnant women condition monitoring implies also fostering of the exclusive breast feeding of the infant up to the age of 6 months and its continuation until the minimum age of 12 months, HIV/ viral hepatitis of B and C type testing, as well as HIV/lues pre- and post-testing advice.

Ø Services of monitoring the pregnancy and post-partum condition in the specialized ambulatory for clinical specializations (between June 1^st 2014 and May 31^st 2016): it is settled one consult for each pregnancy quarter and one consult in the first post-partum quarter. For such medical services, the pregnant woman or childwife is allowed to go directly to the physician specialized in obstetrics – gynecology, for an outpatient consult, without the need to submit any referral.

Services from the basic medical services package under specialized ambulatory medical assistance for paraclinical specializations (between June 1^st 2011 and May 31^st 2016): pregnant women shall take advantage, in addition to the investigations granted to the insured individuals, of the following laboratory analyses:

- identification of ABO blood group for the pregnant woman, the prescription being allowed to be made also by the family physician;

- identification of Rh blood group for the pregnant woman, the prescription being allowed to be made also by the family physician;

- identification of specific anti- Rh anticorpes for the pregnant woman, the prescription being allowed to be made also by the family physician;

- identification of anti-HAV IgM for the pregnant woman, the prescription being allowed to be made by the family physician (between June 1^st 2014 and May 31^st 2016) or by the specialized physicians releasing the relevant diagnosis;

- screening for Ag HBs, the prescription being allowed to be made by the family physician (between June 1^st 2014 and May 31^st 2016) or by the specialized physicians releasing the relevant diagnosis;

- screening for anti HCV, the prescription being allowed to be made by the family physician (between June 1^st 2014 and May 31^st 2016) or by the specialized physicians releasing the relevant diagnosis;

- HIV testing for the pregnant woman, the prescription being allowed to be made by the family physician (between June 1^st 2014 and May 31^st 2016) or by the specialized physicians releasing the relevant diagnosis.

The list of radiology/ medical imagistic/nuclear medicine/functional examination type paraclinical investigations includes the following non-irradiant investigations specific for the pregnancy:

- Between June 1^st 2011 and May 31^st 2013:

o nuchal translucency ultrasound scan (for pregnancy of 11 – 13.6 weeks); and

o foetal morphology ultrasound scan (for pregnancy of 20 - 23 weeks).

- Between June 1^st 2013 and May 31^st 2016:

o ultrasound scan of structural abnormalities specific for 2^nd quarter of pregnancy; and

o ultrasound scans of structural abnormalities specific for 2^nd quarter of pregnancy with TN.

b) The basic medical services package for medical assistance under hospitalization includes the pre-, intra- and post-partum medical care services, as the case may be, consisting of amniocentesis, biopsy of chorionic villus and (between June 1^st 2014 and May 31^st 2016), pregnant woman assessment to identify infections risky for the pregnancy (measles, toxoplasmosis, CMV infection, B and C type hepatitis), which are provided under one-day hospitalization regime. The chorionic villus biopsy is settled for the pregnant women in the first pregnancy quarter and the amniocentesis is settled for pregnant women in the second pregnancy quarter only if carried out by physicians specialized in obstetrics/gynecology, with supra-specialization in maternal – foetal medicine.

The hospitalized medical services in case of child delivery are provided without any admission referral and are settled from the National Unique Health Insurance Fund regardless of the patient statute of insured individual.

The individuals not proving the payment of the contribution to the National Unique Health Insurance Fund shall benefit of medical services contained in the minimum medical services package that includes family planning services under primary medical assistance, monitoring of pregnancy and post-partum condition under primary medical assistance and specialized ambulatory regime and child delivery-related hospital care services.

B. Please, confirm that the beneficiary or her wage earner, under this Article, is not required to participate in bearing the cost of medical benefits provided. If the scheme provides for reimbursement of costs the beneficiary or her wage earner had to incur to obtain the benefits provided for in paragraph 2, please provide all available information to show that the beneficiary or her supporter does not participate in the cost of these benefits.

In case of pregnancy and child birth and consequences thereof, the beneficiary of the relevant medical services or her wage earner does not born the costs of the relevant services, and, according to the provisions of Law No 95/2006, republished, all the pregnant women and childwives are exempted of the co-payment for the medical services related to the monitoring of the pregnancy condition, while those who have no income or have earnings lower than the national minimum gross basic wage, are exempted of co-payment for all the required medical services.

The value of the drugs prescribed to pregnant women and childwives are settled from the Unique National Health Insurance Fund at the level of their reference prices.

C. Please, indicate in detail what steps were taken to implement the provisions of paragraphs 3 and 4 of this Article.

According to the provisions of Law No 95/2006, republished, in order to prevent the sicknesses, to early identify the illness and to keep their health, the insured individuals shall be permanently advised, directly or through their medical services providers contracted by the health insurance houses, by the health insurance houses on the means intended to keep the health condition, to reduce or eliminate the sickness causes and the risks to which they are exposed if they are drug/alcohol or tobacco addicted.

VIII - 5. Calculation of Benefit

Article 50. C102 and ECSS

In respect of suspension of earnings resulting from pregnancy and from confinement and their consequences, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66. The amount of the periodical payment may vary in the course of the contingency, subject to the average rate thereof complying with these requirements.

A. Please indicate whether for the calculation of the benefit have been applied the provisions of Article 65 or Article 66.

Reply: To calculate the maternity indemnity, the provisions or Article 65 are applied.

B. Please provide information under this Article as follows:

i. if applicable Article 65, as set out in Title I and V of Article 65; or

The amount of the maternity indemnity is established by applying the 85% at the calculation basis established by the law.

The minimum qualifying period entitling to rights is one month worked during the last 12 months previous to the month of medical leave.

Women no longer insured individuals, due to reasons not attributable to them, shall take advantage of same rights if they deliver within 9 months as of the date of loosing their health insurance. Losing the health insurance due to causes not attributable to the pregnant woman shall be proved by official acts issued by her employers or other similar officers, and the indemnity shall be settled, from the National Unique Health Insurance Fund, by the health insurance houses having contracts with the relevant family physician.

ii. whether Article 66 applies, as set out in Title I and V of Article 66, the work incapacity is likewise to be permanent or persistent after the depletion of the sickness benefit.

N/A

VIII - 6. Qualifying period

Article 51. C102 and ECSS

The benefit specified in Articles 49 and 50 shall, in a contingency covered, be secured at least to a woman in the classes protected who has completed such qualifying period as may be considered necessary to preclude abuse, and the benefit specified in Article 49 shall also be secured to the wife of a man in the classes protected where the latter has completed such qualifying period.

The insured women are entitled to maternity indemnity if they previously contributed to the unforeseen event for at least 6 months during the past 12 months representing the qualifying period, up to the limit of 12 national minimum wages, used to calculate the contribution for leaves of absence and indemnities.

The minimum qualifying period entitling to maternity indemnity is one month (22 business days) worked during the last 12 months previous to the month of the unforeseen event

VIII - 7. Minimum duration of Benefit

Article 52. C102 and ECSS

The benefit specified in Articles 49 and 50 shall be granted throughout the contingency, except that the periodical payment may be limited to 12 weeks, unless a longer period of abstention from work is required or authorised by national laws or regulations, in which event it may not be limited to a period less than such longer period.

1. Please specify for each system, if duration of all medical benefits referred to in Article 49 is guaranteed throughout the contingency. Also, please specify:

(a) the period for which periodic payments under Article 50 are given; and

(b) duration of any period of absence from work required or authorized by national legislation.

The maternity indemnity is granted on the entire period in which the insured women take advantage of leave of absence for pregnancy and post-delivery, more precisely a period of 126 calendar days, for example, 63 days before birth and 63 days post delivery, with the possibility to compensate those periods, depending on the doctor recommendation and the individual option, so that the minimum duration of confinement leave as mandatory, to be 42 calendar days.

2. Please indicate, on Article 68, if there are provisions for suspension of maternity benefits for each system.

The payment of indemnities shall cease starting with the date next to the day on which:

a) the beneficiary has deceased;

b) the beneficiary does no longer meet the legal requirements for granting the indemnities;

c) the beneficiary has established the domicile on the territory of a State other than Romania not having any social security convention concluded with Romania;

d) the beneficiary has established the domicile on the territory of a State other than Romania having any social security convention concluded with Romania, when such convention provided for the payment of indemnities by the other relevant State.

Part XI. Standards to be complied with by periodical payments

See ILO Technical Note, December 2015.

CHAPTER I: Adequacy of social security benefits: income and poverty indicators and standards;

1. Poverty indicators, INS, Tempo-online, 2011-2014

Indicator	Unit	2011	2012	2013	2014
Population at-risk-of-poverty and social exclusion	Percentage of total population	40,3	41,7	40,4	40,2
Population at-risk-of-poverty and social exclusion	Thousand persons	8.630	8.907	8.601	8.549
Population at-risk-of-poverty after social transfers	Percentage of total population	22,2	22,6	22,4	25,4
Population at-risk-of-poverty after social transfers	Thousand persons	4.748	4.824	4.777	5.390
Population living in a household with very low work intensity	Percentage of total population	6,7	7,4	6,4	6,4
	Thousand persons	1.135	1.215	1.079	1.059
Severe material deprivation	Percentage of total population	29,4	29,9	28,5	26,3
Severe material deprivation	Thousand persons	6.286	6.391	6.070	5.595

AROPE-at risk of poverty or social exclusion rate by age groups %
	2011	2012	2013	2014
Total	40.3	41.7	40.4	39.5
0-17 years	49.1	52.2	48.5	50.5
18-64 years	39	40.2	39.4	38
65 years and over	35.3	35.7	35	33.2
AROPE-at risk of poverty or social exclusion rate by NUTS region (development regions) %
	2011	2012	2013	2014
TOTAL	40.3	41.7	40.4	40.2
MACROREGION 1	31.5	31.8	31.8	33.2
NORTH - WEST	34.3	31.9	30.9	31.3
CENTER	28.5	31.6	32.8	35.3
MACROREGION 2	50.7	52.1	50.6	49.4
NORTH - EAST	51.2	52.3	48.9	47.9
SOUTH - EAST	50	51.7	53.4	51.8
MACROREGION 3	37.3	38.9	36.6	34.1
SOUTH - MUNTENIA	43.1	43.5	40.9	40.2
BUCHAREST - ILFOV	28.4	31.5	30.3	24.9
MACROREGION 4	39.3	41.9	41.8	40.6
SOUTH - WEST OLTENIA	44.8	46.9	45.6	41.5
WEST	33.1	36.2	37.5	39.4

Relative at-risk-of-poverty rate by age groups %
	2011	2012	2013	2014
Total	22.2	22.6	22.4	25.4
0-17 years	32.9	34.6	32.1	39.4
18-64 years	21	21	21.5	23.7
65 years and over	14.1	15.4	15	15.5

Relative at-risk-of-poverty rate by NUTS region %
		2011	2012	2013	2014
TOTAL		22.2	22.6	22.4	25.4
MACROREGION 1		19	17.3	15.9	21
NORTH - WEST		20	15.9	15.9	21.9
CENTER		18	18.6	15.9	20
MACROREGION 2		30.5	32.1	32.9	34.7
NORTH - EAST		32.4	33.7	33.5	35.6
SOUTH - EAST		28	29.7	32	33.3
MACROREGION 3		14.4	14.7	14.8	17.6
SOUTH - MUNTENIA		21.6	22.1	22.4	25.5
BUCHAREST - ILFOV		3.4	2.7	3.9	5.5
MACROREGION 4		24.2	25.5	26.7	28.3
SOUTH - WEST OLTENIA		28.9	29.9	30.1	29.7
WEST		18.8	20.5	22.9	26.7
Severe material deprivation rate by age groups %
		2011	2012	2013		2014
Total		29.4	29.9	28.5		25
0-17 years		35.8	37.9	34.1		30.4
18-64 years		27.7	27.9	27.2		23.6
65 years and over		28.6	28.6	27.5		24.8


Severe material deprivation rate by NUTS (development regions %
	2011		2012	2013		2014
TOTAL	29.4		29.9	28.5		25
MACROREGION 1	20.8		21.6	22.6		20.5
NORTH - WEST	23.9		21.7	21.7		17.7
CENTER	17.4		21.5	23.6		23.5
MACROREGION 2	37.6		36.6	34.8		30.7
NORTH - EAST	38.1		36.8	32.4		28.9
SOUTH - EAST	37		36.4	38.8		33.6
MACROREGION 3	30.5		31.9	28.6		23.8
SOUTH - MUNTENIA	33.4		33.7	29.1		26.5
BUCHAREST - ILFOV	26.1		29	27.9		19.8
MACROREGION 4	25.3		27	26.2		23.8
SOUTH - WEST OLTENIA	30.2		30.5	25.9		24.2
WEST	19.7		23	26.5		23.5

The fight against poverty and social exclusion continues to be a national priority in Romania. The means-testing programs that are currently implemented and sustained from the state budget in order to fight against poverty and for promotion of social inclusion:

1. Guaranteed minimum income (GMI) acoording to the provisions of Law no.416/2001: The social aid benefit is granted to families or single persons (also to elderly persons) with low or no income, in a state of social need, in order to overcome the situation he/she is in. The benefit is granted based on means testing (incomes and assets) and upon fulfillment of some additional conditions stipulated by law:

- one of the persons from the household, over the age of 18, must perform monthly actions or works of local interest upon request of the mayor;

- the persons able to work from the household, must provide proof, every 3 months, that they are enrolled at the local agency for employment and have not rejected a job or refused to participate in a training course for employment.

The obligation to perform monthly actions or works of local interest upon the request of the mayor can be transfered to other persons from families, with the mayor’s agreement when the person responsible for these actions has partial or total work incapacity. The following persons able to work are not obliged to perform these working hours:

a) the persons responsable for raising and caring a child or more with the age up to 7 years old or up to 18 years old in case of the child with disability;

b) the persons responsable for carring one or more disabled persons or elderly dependent persons who have not the right to a personal assistent or a home caretaker.

c) the persons who participate to a professional training program;

d) the employed persons.

The social aid is calculated as the difference between the family or single person net monthly income and the monthly income levels of guaranteed minimum income, stipulated by Law.

The monthly level of guaranteed minimum income (June 2016):

a) 142 lei for single persons;

b) 255 lei for family with 2 persons;

c) 357 lei for family with 3 persons;

d) 442 lei for family with 4 persons;

e) 527 lei for family with 5 persons;

f) 37 lei for any other person over the number of 5, who are part of the family.

In terms of promoting social inclusion, this is considered the best targeted program, including incentives for work (the amount of social aid is increased with 15% for eligible persons who have a job.)

2. Family support allowance (FSA) acoording to the provisions of Law no. 277/2010: granted to families made of husband and wife who take care of their children, up to 18 years old, living and contributing to the household together and earning net monthly income per family member up to 530 lei.

The benefit is granted based on means testing (incomes and assets), the same evaluation made for the GMI. School age children have the obligation of attending school.

The amounts of the benefit:

- for family composed of both parents earning net monthly income per family member up to 200 lei:

a) 0,164 ISR (82 lei) families with 1 child;

b) 0,328 ISR (164 lei) families with 2 children;

c) 0,492 ISR (246 lei) families with 3 children;

d) 0,656 ISR (328 lei) families with 4 children and more.

Ø for family earning net monthly income per family member between 0,40 ISR (201 lei) and 1,06 ISR (530 lei):

a) 0,150 ISR (75 lei) families with 1 child;

b) 0,300 ISR (150 lei) families with 2 children;

c) 0,450 ISR (225 lei) families with 3 children;

d) 0,600 ISR (300 lei) families with 4 children and more.

Ø for single parent families earning net monthly income per family member up to 200 lei:

a) 0,214 ISR (107 lei) families with 1 child;

b) 0,428 ISR (214 lei) families with 2 children;

c) 0,642 ISR (321 lei) families with 3 children;

d) 0,856 ISR (428 lei) families with 4 children and more.

Ø for single parent families earning net monthly income per family member between 0,40 ISR (201 lei) and 1,06 ISR (530 lei):

a) 0,204 ISR (102 lei) families with 1 child;

b) 0,408 ISR (204 lei) families with 2 children;

c) 0,612 ISR (306 lei) families with 3 children;

d) 0,816 ISR (408 lei) families with 4 children and more.

The aim of this program is to ensure better financial conditions for raising and caring children and also for their education and stimulates in the same time the school attendace of school aged children from entitled families.

3. House heating benefits granted during the cold season 2014-2015 according to the provisions of Government Emergency Ordinance no. 70/2011.

This benefits are granted to families/persons who are using for house heating thermal energy in centralized system, natural gases, electric energy or woods, coals and oil gases.The benefit is granted based on means testing (incomes and assets), the same evaluation made for the GMI and FSA.

For using thermal energy in centralized system for house heating, the persons are entitled to a monthly aid for house heating, if their monthly net income per family member is up to 1,572 ISR (786 lei) for families and up to 2,164 ISR (1082 lei) for single person.

The benefit is granted by offsetting the value of thermal energy invoice. In case of GMI beneficiaries and for single person with the monthly net income up to 155 lei the offset of the invoice value is in percentage of 100%.

Depending on the average net monthly income per family member, families or single people who use thermal energy for house heating can benefit from a compensation applied to the cost of thermal energy consumed per month, paid from the local budget.

If use natural gases for house heating, the persons are entitled to a monthly aid for house heating in amount of 20 lei if the monthly net income per family member, or the monthly net income of single person is 615 lei and a monthly aid of 262 lei if the monthly net income per family member, or the monthly net income of single person is up to 155 lei.

If use electric energy for house heating, the persons are entitled to a monthly aid for house heating in amount of 48 lei if the monthly net income per family member, or the monthly net income of single person is 615 lei and a monthly aid of 240 lei if the monthly net income per family member, or the monthly net income of single person is up to 155 lei.

If use woods, coals and oil gases for house heating the persons are entitled to a fix amount between 16 lei if the monthly net income per family member, or the monthly net income of single person is 615 lei and 54 lei if the monthly net income per family member, or the monthly net income of single person is up to 155 lei, excepting the beneficiaries of social aid who are receiving an house heating aid in amount of 58 lei.

THERMAL ENERGY

NATURAL GASES

WOODS, COALS AND OIL GASES

ELECTRIC ENERGY

INCOME LIMITS

AMOUNTS

INCOME LIMITS

AMOUNTS

INCOME LIMITS

AMOUNTS

INCOME LIMITS

AMOUNTS

GMI + single person

100%

< 155

262

GMI

< 155

240

< 155

90%

0 - 7%

< 155

155,1

210

80%

0 - 14%

155,1

210

190

155,1

210

155,1

210

216

210,1

260

70%

0 - 20%

210,1

260

150

210,1

260

210,1

260

192

260,1

310

60%

0 - 27%

260,1

310

120

260,1

310

260,1

310

168

310,1

355

50%

0 - 33%

310,1

355

310,1

355

310,1

355

144

355,1

425

40%

0 - 40%

355,1

425

355,1

425

355,1

425

120

425,1

480

30%

0 - 46%

425,1

480

425,1

480

425,1

480

480,1

540

20%

0 - 53%

480,1

540

480,1

540

480,1

540

540,1

615

10%

0 - 59%

540,1

615

540,1

615

540,1

615

615,1

786

0 - 61%

786,1

1082

0 - 63%

Means-testing benefits	2015
	Monthly average number of beneficiaries	Amounts paid -lei-
1. Guaranteed minimum income	245.545	676.486.058
2. Allowance for family support	277.624	535.518.000
3. House heating benefits, of which:	692.000	197.784.075
Thermal energy	118.697	42.904.969
Natural gases	157.971	72.019.403
Electric energy	8.838	4.559.277
Woods, coals and oil gases	406.494	78.300.426
TOTAL spending with means-testing benefits from the state budget in 2015		1.607.572.208

Besides these three types of benefits at which the persons in difficulty can be entitled, under Law no. 208/1997, beneficiaries of social aid are entitled to free social services in the welfare canteens, provided free meals twice a day (people who have temporarily no income can also benefit by these services 90 days a year).

According to Government Decision no. 903/2014 establishing the minimum level of daily food allowance for collective consumption of public and private social assistance institutions for adults, disabled adults and elderly, the level of daily food allowance in the social canteens is 12 lei in 2016.

Also, through Government Decision various amounts are granted to families and persons that are in needy situations caused by natural disasters, fire, accidents, as well as other special situations caused by ilness or other causes that can lead to the risk of social exclusion. These financial aids are granted according to Law no. 416/2001 for covering the basic needs of the family or of the single person found in one of the situations established by law.

A priority is to reduce and limit the dependence on state aid through the active participation of the person/family. Therefore, the consolidation of all the means-tested programs into an anti-poverty program (Minimum Inclusion Income) is a priority at this moment. The three distinct means testing programs will be replaced by a single and larger program, better targeted towards the poorest people, which would provide incentives for in-work poor to combine earnings with social assistance receipts. Therefore, has been elaborated a draft Law regarding the minimum inclusion income, a social assistance benefit that will be provided to families and single persons in difficulty, to prevent and combat the poverty and the risk of social exclusion. The minimum inclusion income will represent a financial support granted from the state budget in order to cover the minimum living needs of families and single persons in difficulty, to prevent the child poverty and to stimulate their participation in the education system.

The Minim Inclusion Income (MII) will represent the main supporting instrument/program for preventing and combating poverty and the risk of social exclusion, being granted from the state budget, as a difference between the level of benefits regulated by the law and the net income of the family or single person, earned during a certain period of time. The purpose of the program is to guarantee a minimum level of income to every person in Romania.

This new program is based on the consolidation of 3 existing types of social assistance benefits, which are currently regulated by distinct laws and based on means testing, namely the guaranteed minimum income, the family support allowance and the heating benefits.

The MII project regulates the following aspects:

· setting up the minimum inclusion income, as a social assistance benefit granted to families and single persons in difficult situations, for preventing and combating poverty and social exclusion;

· the categories of financial support, which are the components of the minimum inclusion income:

Ø inclusion aid;

Ø aid for families with children;

Ø dwelling supplement.

The inclusion aid (previously named social aid) covers the food poverty of the family, a component which is currently regulated by the guaranteed minimum income (GMI);

The allowance for families with children covers the additional needs of a family with childcare responsibilities, a component which is currently regulated by the family support allowance (FSA);

The dwelling supplement covers fuel poverty, a component which is currently regulated by the heating benefits (HB).

The MII project includes some additional elements, which are also currently available for the beneficiaries of the existing social assistance benefits programs:

· the health social insurance for social aid beneficiaries is paid by the state budget;

· the mandatory dwelling insurance for social aid beneficiaries is paid by the state budget;

· granting emergency benefits for exceptional circumstances which can lead to the risk of social exclusion.

Characteristics of the MII program:

· the income is calculated according to the dimension of the family by using equivalence coefficients reflecting the distribution of consumption (1 for the first adult in the family and 0,5 for each of the other members of the family = equivalent adult);

· the new program establishes a single minimum threshold of 260 lei per equivalent adult; this amount is targeting the poorest 10% of the population;

· the new program also establishes a single maximum threshold of 600 lei per equivalent adult;

· the baseline values for calculating the level of benefits will be increased, as follows:

- for inclusion aid, from 142 lei to 260 lei (+83%);

- for allowances for families with children, from 107 lei to 120 lei (+12%);

- for dwelling supplement, for heating the dwelling with wood, from 58 lei to 80 lei (+38%); for heating the house in a centralized system, with natural gas or electricity, the maximum levels of benefits remain the same as they are;

· the income from formal sources (salaries, self-employed activities, agricultural activites), is taken into consideration with a deduction of 50%, but not more than 400 lei per family (currently the whole income of the family is taken into consideration), for the purpose of stimulating the participation of beneficiaries of social benefits on the labour market.

Requirements for granting social benefits are mostly the same as for the existing programs:

· obligation of beneficiaries to be enrolled in the Public Employment Services as job seekers;

· obligation of beneficiaries not to turn down job offers;

· obligation of beneficiaries not to refuse participation in qualification/re-qualification/training courses;

· obligation to attend classes, for children of school age, from beneficiary families;

· obligation of beneficiaries to perform community works;

· interdiction to apply again for benefits for the next 6 months, in case of turning down a job offer or a qualification/re-qualification/training course, for no reasonable reason.

Provisions aiming at increasing participation on the labour market for beneficiaries of social assistance measures, included in the MII project:

· participation in “second chance” type educational programs, including in programs deployed through community centres for long life learning, at local level;

· participation in qualification/re-qualification/training courses recommended by Public Employment Services;

· provision of counselling and vocational guidance services;

· job offers in social or insertion enterprises, according to the provisions of Law no. 219/2015 regarding social economy;

· measures of priority employment for temporary activities, for performing local community works and activities, subsidized from the unemployment insurance budget.

Positive impact of the reform proposal (legislative project):

· the establishment of a modern program for unifying three existing programs for social assistance benefits, with different eligibility criteria;

· the alignment of indicators used and the establishment of the same type of benefit recipient, meaning the family, compared to the three current programs which target both the family and the household;

· usage of the equivalent adult as an instrument for establishing the income thresholds, according to the European model regarding the consumption distribution by household, instead of totalizing the income per family member;

· granting more generous benefits, on average 60% higher for those with no income and approximately 30% higher for people with partial income;

· including in the new program, people earning income from work, in order to stimulate their entrance and maintenance on the labour market;

· reducing disparities between urban and rural areas, by taking into consideration the self- consumption through subsistence agriculture;

· strengthening the pro-work component, by introducing financial incentives in all components of the MII and exempting part of the earnings from work, in such a way that the social action changes its outcome from a reactive intervention to a proactive one;

· improving the targeting of the poorest people, by reshaping the income thresholds and configuring the level of social assistance benefits more equitably;

· maintaining the measures aimed at stimulating the participation of school age children to the educational activity, for creating the prerequisites for attaining a level of education which would allow for a smoother access on the labour market for them and implicitly to a higher living standard;

· simplifying procedures and reducing administrative and private costs, by reducing the number of forms and documents which are requested;

· making a single monthly payment for the same family, the benefits being cashed in entirely once.

Estimated budgetary implications:

- the MII program is foreseen to be applied starting with April 2018;

- the general financial impact for 2018 is 2,087 billion lei, out of which 1,59 billion lei for the application of the MII program and 0,49 billion lei for the application of the existing legislation on benefits for the first 4 months of 2018;

- the budgetary impact for 2018, compared to the current budget for the three social assistance benefits/components is 2,087 – 1,4 = 0,687 billion lei;

- budgetary impact for 2019 and 2020 is foreseen to be 2,412 billion lei per year;

- budgetary impact compared to a year with payments in current conditions is 2,412 – 1,4 = 1,012 billion lei.

The level of benefits:

A. According to the actual legal provisions, a single person with low income can be entitled monthly to the following benefits:

- Guaranteed Minimum Income (GMI) for single person: 142 lei (18,6% of the median equivalised income - 86 euro in 2013)

- House heating benefit (HHB) during the cold season:

- Woods, coals and oil gases: 58 lei (for GMI beneficiaries)

- Social Canteens (SC): 12 lei/daily*30 days: 360 lei (benefits in kind granted as food/meals for persons in need)

For example, a single person can receive monthly the following amounts:

- (GMI) 142 lei + (SC) 360 lei = 502 lei (112 euro) – which corresponds to 65% of the median equivalised income

- during the cold season:

502 lei + (HHA) 58 lei = 560 lei (124,5 euro) which corresponds to 72% of the median equivalised income

B. According to the new provisions of Minimum Inclusion Income (MII), a single person with low income can be entitled monthly to the following benefits:

- Inclusion aid for single person up to 65 years old: 260 lei (33.5% of the median equivalised income- 86 euro in 2013) and 300 lei for single person over 65 years old

- Dwelling supplement during the cold season for woods, coals and oil gases: 80 lei

- Social Canteens (SC): 12 lei/daily*30 days: 360 lei (benefits in kind granted as food/meals for persons in need)

For example, a single person can receive monthly the following amounts:

- (GMI) 260 lei + (SC) 360 lei = 620 lei (137,7 euro) – which corresponds to 80% of the median equivalised income- 86 euro in 2013

- during the cold season:

620 lei + (HHA) 80 lei = 700 lei (155,5 euro) which corresponds to 90% of the median equivalised income - 86 euro in 2013

Also, the Government is continuing the series of nationally strategic actions to reduce poverty and promote social inclusion.

The National strategy on social inclusion and poverty reduction for the period 2015-2020 and the Strategic Action Plan for the period 2015-2020 was approved through the Government Decision no. 383. The main results targeted by this Strategy are: increasing the employment of poor and vulnerable people through labour market activation programs; increasing financial support for low-income people (Minimum Income for Inclusion) and introducing pro-activation incentives; improving functionality of social services and increasing the role of social economy.

The National Strategy for social inclusion and poverty reduction for the period of 2015 – 2020 and its Plan of action, regulated by GD no. 383/2015, identifies the main vulnerable groups in Romania, as people who face various forms of social exclusion or are at high risk of exclusion: poor people (people with very low or no income), children and youth deprived of parental care and support, lone or dependent elderly, Roma people, persons with disabilities, other vulnerable groups, people living in marginalized communities. Based on the identification of needs, the strategic document proposes a set of solutions for managing and addressing social inclusion and poverty reduction issues, as follows:

- Policies intended to stimulate training, formal employment, labor productivity and workers’ income;

- Measures taken to improve the operation of the social transfer system, to increase the coverage and quality of integrated social services, according to the needs identified at national level;

- Additional measures implemented to increase school attendance rates, to improve education results, and to facilitate population’s access to lifelong learning and training programs;

- Policies intended to improve the quality and equity of and access to health care for the main vulnerable groups;

- Measures contributing to better quality and more accessible housing, including social dwellings, particularly for the vulnerable and the homeless.

In order to ensure a gradual implementation of the policies and measures foreseen by the strategy, 9 flagship interventions have been selected for the period of 2015 – 2017:

1. Increase the employment of the poor and vulnerable by expanding active labor market programs;

2. Increase income support for the poor and introduce pro-work incentives for program beneficiaries;

3. Develop integrated social services at community level;

4. Improve the instruments for identifying disadvantaged schools to ensure that all children have access to equal opportunities;

5. Strengthen social services for child protection;

6. Develop an instrument to identify poor villages and marginalized rural communities;

7. Invest in improving the current IT system, to implement a strong e-social assistance system;

8. Develop a modern payment system (for social assistance benefits);

9. Strengthen coordination mechanisms and develop a monitoring and evaluation system.

The National Strategy for active aging and protection of the elderly (GD no. 566/2015) for the period 2015 – 2020 and its Plan of action, is based on the general framework of active aging in the EU. The main results foreseen through the implementation of the strategy are the following:

1) a longer and healthier life;

2) increasing employment for the aged labour force;

3) increasing social and political participation of elderly persons;

4) decreasing the dependency of elderly persons;

5) improving long term care (LTC) services.

In the field of active aging, three strategic objectives (SO) have been established, consisting of specific objectives, and two cross-cutting objectives (CCO), as follows:

SO1 – Prolonging active life, based on the consolidation of the public pension system reform; reshaping human resources policies for a better integration of elderly workers; ensuring workplaces favourable to the elderly; improving the abilities, employability and independence of the elderly;

SO2 – Promoting active and dignified social participation for the elderly, based on strengthening the social image of the elderly and promoting social participation; improving accessibility to public places infrastructure; preventing abuse and social exclusion of the elderly;

SO3 – Attaining a higher level of independency and safety for persons with LTC needs, based on creating a unified system of LTC; ensuring sufficient financial and human resources for the LTC system.

CCO1 – Delaying physical aging and cronic diseases;

CCO2 – Preparing the health system for providing services for the elderly.

Also, the Government of Romania has elaborated an Integrated package for combating poverty, which is targeted to all age groups but is more focused on actions/measures and concrete programs addressed to vulnerable children from poor families. The aim of this package and of the key measures proposed is to reduce the number of people living in poverty, at least 580,000 people by 2020, using the good practices already in place. The actions will be linked to the social services system for families with children, in order to achieve the individual provision of social services according to the real needs of the child and his family.

Some of the actions which will be targeted on poor families and their children:

Action 0.2: No child without identity - simplify the obtaining of CNP at birth, in maternities, and individualized assistance for obtaining late CNP;

Action 03.1: Community nurseries in urban communities and payment of caretakers in rural areas - Projects for development of nurseries and early education programs – written guides allowing for the endowment of nurseries and staff, buildings, educational infrastructure;

Action 3.1: Monitoring the application of the law "Each Child in Kindergarten"- Random visits, to monitor the presence in kindergartens, quarterly meetings for the analysis of the program with the ministries involved and the NGO’s;

Action 3.2: School supplies and clothes for pre-school students receiving social tickets/vouchers - Complete the program “Each Child in Kindergarten” by providing school supplies (through schools) and clothes (through city halls);

Action 3.3: Healthy children in kindergarten - National health and nutrition package for disadvantaged children, in order to prevent/reduce the recurrent diseases and to increase their immunity and avoid stunting;

Action 6.2: School after school – national program in disadvantaged schools- Educational support for children from disadvantaged categories to prevent early school leave ‐setting up a mechanism meant to extend the existing program at national level;

Action 6.3: Second Chance – national program in disadvantaged areas - Increase the number of schools offering Second Chance – bringing children, young persons and adults back to school in order to graduate mandatory education;

Action 16.1:Integrated national program for jobless young people, who are not included in education or professional training (NEET) - Personalized/tailored assistance for each case: Registration, Profiling, Information and Counselling, Monitoring the measures dedicated to young person’s NEETs;

Action 24.4: Social entrepreneurship - Ensure the support required to establish / develop insertion social enterprises. The enterprises from the social field, both from the newly set up entities as well as from the already existing entities, may benefit from activities of counselling / mentorship, as well as professional training in the field. This type of support (counseling, mentorship, professional training) for the development of businesses shall also be available for the existing social enterprises.

Action 65.2 Grandparents of the community - involvement of elderly people in childcare programs. Involvement of elderly in children’s education programs by employing them in the kindergartens from the community and in School after School type programs and in other social-educational activities

Action F1: Social housing/dwelling - Improving social housing infrastructure /Clarification of legal definition for social housing and improving the management policy of social housing. Developing the mechanism for increasing the number of social housing, compared to the actual need, as well as facilitating actual access for disadvantaged people to social housing,

Action F2: Grants for housing improvements - Developing a package of measures for reducing poor housing (improvements/consolidations for unsafe/improper housing)

Action F3: Incentive package for day workers - Granting vouchers valued at around 30 ron/day that will include all taxes as an active occupation measure for NEETs and active occupation measures for the 25- 65 category - Experimenting new contractual type relationships between local authorities and/or private service providers and community partners by granting vouchers for day workers.

Action F4: Microcredit warranty - the lowest interests for contractors present in disadvantaged environments- Financial instruments for decrease in interests for microcredits (rural+disadvantaged communities). Project for Development of financial credit instruments.

Action F13: Social canteen (meal centers) - Mobile social canteens. Replacement of foodstuff from APDOP/POAD (flour, oil, etc.) with hot meals. The mobile meal centers also reach the disadvantaged persons in villages/isolated areas.

Another challenge at national level is to establish and provide social benefits and social services in a coordinated and complementary package of measures. Better integration of benefits and services can improve the cost-effectiveness of social protection. Our aim is that all the social assistance measures and actions shall be performed so that the social services shall have priority over social benefits, if their cost and impact on beneficiaries is similar.

Legal framework related to social services in Romania: the current legal framework of social services in Romania includes a number of regulations that treat different issues related to social services’ functioning system and strategic guidelines of the specific policies:

Ø Law no. 292/2011 on Social assistance, with subsequent amendments;

Ø Law no. 17/2000 on Social assistance of elder persons;

Ø Government Ordinance no. 68/2003 regarding the social services;

Ø Law no. 515/2003 on approving Gov. Ordinance no. 68/2003 regarding the social services, with subsequent amendments;

Ø MoLSPE Order no. 67/2015 approving general quality standards for social services;

Ø GD no. 867/2015 on approving the list of social services and the framework regulations on organization and functioning of social services;

Ø Law no. 197/2012 regarding the quality assurance in social services area;

Ø GD no. 978/2015 on approving the minimum standards of cost for social services and the level of monthly income per family member based on which is determined monthly maintenance contribution payable by legal supporters of older people in residential centers;

Ø GD no. 383/2015 approving the National Strategy for Social Inclusion and Poverty Reduction 2015-2020 and the strategic plan for actions for 2015-2020;

Ø GD no. 566/2015 approving the National Strategy for promoting active ageing and elderly protection 2015-2020 and the strategic plan for actions for 2015-2020.

In Romania, the general framework of organization, functioning and financing of the national social assistance system is regulated by Law no. 292/2011 on social assistance, modified by Government Ordinance no. 31/2015.

According to law no. 292/2011, national social assistance system is a set of institutions, measures and actions, through which the state, represented by central and local government authorities and civil society intervene to prevent, limit or remove the effects of temporary or permanent situations that can lead to marginalization and social exclusion of the person, family, groups or communities. Also, it intervenes subsidiary or, where appropriate, complementary to social security systems and consists of social benefits system and social services system.

Social services are the proactive component of the national system of social assistance and refers to activities answering at social and special needs of individuals, families or communities, in order to overcome difficult situations, to prevent and to combat the risks of social exclusion, to promote social inclusion and to increase the quality of life.

Social services are classified based on the following criteria:

a) service goal;

b) the categories of recipients to whom it is addressed;

c) the assistance regime, residential or non non-residential;

d) the place of assistance;

e) the legal status of social service provider;

f) how is given.

a) By their goal, social services can be classified as: assistance and support services to fulfill the basic needs of the individual, personal care services, recovery / rehabilitation, employability / social reintegration, etc.

b) By the categories of social services they can be classified into social services for children and / or family, disabled people, elderly, victims of domestic violence, homeless people, people with various addictions, i.e. alcohol, drugs, other toxic substances, internet, gambling, etc., trafficking victims, inmates, persons sanctioned with educational measures or non-custodial sentence under supervision probation services, for persons with mental illness, people living in isolated communities, unemployed for long time and social support services for family beneficiaries.

c) By the regime of assistance, social services are classified into: accommodation services, on short-term and indefinite: residential care centers, protected housing, night shelters etc.; services without accommodation: day care centers and / or home care units, social canteens, mobile services providing food, etc. social ambulance.

d) By the place of assistance, social services are provided as follows: at the beneficiary residence; in day care centers; in residential centers; at the residence of the person providing the service; in the community.

e) By the legal status of the provider, social services can be organized as public or private structures.

f) By the system of granting services are provided in normal and special regime: services provided under access, contract and customary documentation regime; services granted in special eligibility and extensive accessibility regime focusing on preventive measures under reduced bureaucracy and a set of social services, which will be accessed by users only while maintaining anonymity, respectively the drug, alcohol addicts, prostitutes, victims of domestic violence etc. Special services can be provided without concluding contracts with the beneficiaries; services provided under special category regime are regulated by special law.

Categories and types of social services, activities and functions for each type of service and regulations framework of organization and functioning are established by the Social Services Nomenclature, approved by Government decision no. 867/2015, at the proposal of the Ministry of Labour, Family, Social Protection and Elderly.

Social service providers are individuals or legal entities, public or private.

Public providers of social services may be:

a) specialized structures within / subordinated to local authorities and executive authorities of administrative units organized at the village, town, city and districts of Bucharest level;

b) central public administration authorities or other institutions under their subordination or coordination having tasks set by law for providing social services for certain categories of beneficiaries;

c) medical units, education establishments and other public institutions developing at Community level, integrated social services.

Private providers of social services may be:

a) non-governmental organizations, associations and foundations that;

b) religions recognized by law;

c) individuals authorized by law;

d) subsidiary and affiliated associations and foundations recognized under international law;

e) economic operators, for certain categories of social services.

To provide social services in Romania, social service providers, regardless of their legal form, must be accredited under the law. Accreditation of providers and social services provided by them are regulated by special law, namely Law no. 197/2012.

Accredited social services	Accredited public providers	Accredited private providers
2735	1128	1623

* July 2016

Social services are provided at the request of the person, his/her legal representative and ex officio.

The request for providing social services is presented to public service of social assistance organized under the authority of local public administration authorities and also, can be addressed directly to a private provider of social services, in which case, if it enters into a service contract with the requesting person, the supplier is obliged to inform in writing the administrative-territorial authority in whose jurisdiction is domiciled or resident the beneficiary of service.

Social services are financed from the following sources:

a) state budget;

b)local budget of the county, respectively of Bucharest;

c) local budgets of communes, towns and cities, respectively Bucharest district local budgets;

d) donations, sponsorships and other contributions from individuals or legal entities in the country and abroad;

e)reimbursable and non-reimbursable external fund;

f)persons receiving the contribution;

g) other sources of funding, in accordance with the law.

Allocation of funds from the state budget for supporting social services operation organized in administrative-territorial units is done based on substantiations submitted by local public administration authorities.

Justification of the amounts required from the state budget by local public administration authorities is made based on standard costs in force for social services managed, contracted or subsidized under the law, and the cost estimates required for the new services start-up in the respective budgetary year.

Standard cost is defined as the minimum annual expenditure necessary to provide social services calculated for a beneficiary / types of social services, according to minimum quality standards and / or other criteria set by law.

Standard costs for social services are approved by Government decision no. 978/2015, at the proposal of the Ministry of Labour, Family and Social Protection. Annual standard cost / beneficiary / service type can be indexed for inflation and revised whenever necessary.

I. Annual standard cost for social services regarding the protection and promotion of children's rights

1. Annual standard cost for services for children placed in foster care:

Category of children	Standard cost / year / beneficiary
Children at foster parents with a child in foster care	21.456 lei
Children at foster parents with two children in foster care	12.025 lei
Children at foster parents with three children in foster care	8.075 lei

2. Annual standard cost for social services for children with disabilities placed at foster parents:

Category of children	Standard cost / year / beneficiary
Children at foster parents with a child in foster care	25.486 lei
Children at foster parents with two or more children in foster care	16.056 lei

3. Annual standard cost for residential services for children:

Category of children	Standard cost / year / beneficiary
Children placed in foster care	28.847 lei
Children placed in family type homes	25.955 lei
Children placed in apartments	24.602 lei

4. Annual standard cost for residential services for children with disabilities:

Category of children	Standard cost / year / beneficiary
Children placed in foster care	39.078 lei
Children placed in family type homes	33.955 lei
Children placed in apartments	28.332 lei

5. Annual standard cost for emergency regime reception centers and other residential services:

Category of children	Standard cost / year / beneficiary
Children placed in emergency regime reception centers, night shelters for homeless children, the child who commits criminal offenses and is not criminally responsible, etc.	40.173 lei

6. Annual standard cost for maternal centers:

Category of children	Standard cost / year / beneficiary
Mother with one child	45.931 lei
Mother with two children	41.155 lei
Mother with three children	39.561 lei

7. Annual standard cost for day care centers:

Category of children	Standard cost / year / beneficiary
Children who receive services in day care centers	11.283 lei

8. Annual standard cost for recovery centers:

Category of children	Standard cost / year / beneficiary
Children who receive services in recovery centers	14.313 lei

9. Annual standard cost for counseling centers and other day care services other than those referred to at section 7 and 8:

Category of children	Standard cost / year / beneficiary
Children who receive services from the counseling centers and other day care services other than those referred to at section 7 and 8	2.600 lei

II. Annual standard cost for social services for protection and promotion of disabled adults rights

1. Annual standard cost for care and assistance center for disabled adults:

Type of residential public service	Standard cost / year / beneficiary
Care and assistance center	33.827,50 lei

2. Annual standard cost for recovery and rehabilitation center for disabled:

Type of residential public service	Standard cost / year / beneficiary
Recovery and rehabilitation center	35.920,11 lei
Neuropsychiatric rehabilitation and recovery center	37.870,40 lei

3. Annual standard cost for integration through occupational therapy center:

Type of residential public service	Standard cost / year / beneficiary
Integration through occupational therapy center	27.281,54 lei

4. Annual standard cost for recovery and rehabilitation pilot center:

Type of residential public service	Standard cost / year / beneficiary
Recovery and rehabilitation pilot center	39.026,69 lei

5. Annual standard cost for independent living training center:

Type of residential public service	Standard cost / year / beneficiary
Independent living training center	30.332,50 lei

6. Annual standard cost for protected houses:

Type of residential public service	Standard cost / year / beneficiary
Protected houses	21.609,41 lei

7. Annual standard cost for "Respiro[3]" center:

Type of residential public service	Standard cost / year / beneficiary
"Respiro" center	24.745,59 lei

8. Annual standard cost for crisis center:

Type of residential public service	Standard cost / year / beneficiary
Crisis center	19.654,21 lei

9. Annual standard cost for day care centers:

Type of residential public service	Standard cost / year / beneficiary
Day care centers (recovery and rehabilitation, occupational therapy, complementary therapies, counseling, career guidance, etc.)	19.402,07 lei

10. Annual standard cost for ambulatory neuromotory recovery service centers:

Type of residential public service	Standard cost / year / beneficiary
Ambulatory neuromotory recovery service centers	8.723,20 lei

11. Annual standard cost for home services (specialized care at home, mobile team - for more than 40 hours / week):

Type of residential public service	Standard cost / year / beneficiary
Home services (specialized care at home)	23.814,00 lei
Home services (specialized care at home with food)	29.873,00

12. Annual standard cost for services for adults with disabilities who receive care and protection of professional personal assistant

Type of residential public service	Standard cost / year / beneficiary
Professional personal assistant with an adult	30.321,50 lei
Professional personal assistant with two adults	22.446,56 lei
Professional personal assistant with an adult with HIV/SIDA	31.896,56 lei

III. Annual standard cost for residential social services for the elderly

Type of social service	Standard cost / year / beneficiary
Care homes for the elderly	23.784 lei

IV. Annual standard cost for social services home care for the elderly

Type of activities

Number of hours of professional care received at home

Standard cost / year

Assistance for basic activities of daily life:

a) providing bodily hygiene;

b) dressing and undressing;

c) feeding and hydration;

d) ensure hygiene eliminations;

e) transfer and mobilization;

f) moving inside;

g) communication.

At least 20 hours / week at a cost of 15 lei / hour

15.600 lei

Assistance for instrumental activities of daily life:

a) food preparation;

b) shopping

c) housekeeping and laundry;

d) facilitating travel outside and accompanying;

e) management of asset;

f) accompanying and socializing.

V. Annual standard cost for social services for the prevention of domestic violence

1. Social services for victims of domestic violence:

Type of social service	Standard cost / year / beneficiary
Reception center for in emergency regime (shelter)	16.570 lei
Rehabilitation center for victims of domestic violence	16.570 lei

2. Social services for aggressors:

Type of social service	Standard cost / year / beneficiary
Assistance center for aggressors	6.599 lei

CHAPTER II: Selection of the Article 65, 66 or 67 under C102/ECSS and determination of the Standard Reference Wage used for calculating the replacement level of benefits

Ø Social Security (Minimum Standards) Convention, 1952 (No. 102) - Romania (Ratification: 2009) Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013) – due in 2016

Part XI (Standards to be complied with by periodical payments). Article 65. Replacement rate of the sickness, old age and maternity benefits. The report on the Convention indicates under Part III that the monthly earnings of the person deemed typical of skilled labour in 2010 were 1,724 Romanian New Leu (RON), while under Part V the monthly salary of a skilled manual labourer employed in the major group of economic activities attained only RON1,531, which was the amount of the national monthly average wage. In contrast, the report on the application of the European Code of Social Security determined the reference wage under Part V at the level of RON1,931 as the wage of a person whose earnings were equal to 125 per cent of the average earnings of all persons protected, i.e. RON1,531. However, according to the National Institute of Statistics, the national monthly average wage in 2010 was RON1,910 and not RON1,531. In view of these incompatibilities, the Committee asks the Government to clarify how the skilled manual male employee is selected, what is his reference wage, and what national monthly average wage should be used in the formula for the calculation of old-age pension. Please make the calculations requested by the report form on the basis of the updated statistics.

Part XII. Equality of treatment of non-national residents

§b Article 1. C102, §e) Article 1. ECSS

the term “residence” means ordinary residence in the territory of the Contracting Party concerned and the term “resident” means a person ordinarily resident in the territory of the Contracting Party concerned;

Article 68. C102

1. Non-national residents shall have the same rights as national residents: Provided that special rules concerning non-nationals and nationals born outside the territory of the Member may be prescribed in respect of benefits or portions of benefits which are payable wholly or mainly out of public funds and in respect of transitional schemes.

2. Under contributory social security schemes which protect employees, the persons protected who are nationals of another Member which has accepted the obligations of the relevant Part of the Convention shall have, under that Part, the same rights as nationals of the Member concerned: Provided that the application of this paragraph may be made subject to the existence of a bilateral or multilateral agreement providing for reciprocity.

Article 73. ECSS.

The Contracting Parties shall endeavour to conclude a special instrument governing questions relating to social security for foreigners and migrants, particularly with regard to equality of treatment with their own nationals and to the maintenance of acquired rights and rights in course of acquisition.

Part XIII. Common provisions

XIII – 1. Suspension of benefit

Article 69. C102, Article 68. ECSS [PNL?]

A benefit to which a person protected would otherwise be entitled in compliance with any of Parts II to X of this Convention may be suspended to such extent as may be prescribed--

(a) as long as the person concerned is absent from the territory of the Member;

(b) as long as the person concerned is maintained at public expense, or at the expense of a social security institution or service, subject to any portion of the benefit in excess of the value of such maintenance being granted to the dependants of the beneficiary;

(c) as long as the person concerned is in receipt of another social security cash benefit, other than a family benefit, and during any period in respect of which he is indemnified for the contingency by a third party, subject to the part of the benefit which is suspended not exceeding the other benefit or the indemnity by a third party;

(d) where the person concerned has made a fraudulent claim;

(e) where the contingency has been caused by a criminal offence committed by the person concerned;

(f) where the contingency has been caused by the wilful misconduct of the person concerned;

(g) in appropriate cases, where the person concerned neglects to make use of the medical or rehabilitation services placed at his disposal or fails to comply with rules prescribed for verifying the occurrence or continuance of the contingency or for the conduct of beneficiaries;

(h) in the case of unemployment benefit, where the person concerned has failed to make use of the employment services placed at his disposal;

(i) in the case of unemployment benefit, where the person concerned has lost his employment as a direct result of a stoppage of work due to a trade dispute, or has left it voluntarily without just cause; and

(j) in the case of survivors' benefit, as long as the widow is living with a man as his wife.

XIII – 2. Right of appeal

Article 70. C102, Article 69. ECSS

1. Every claimant shall have a right of appeal in case of refusal of the benefit or complaint as to its quality or quantity.

2. Where in the application of this Convention (Code) a government department responsible to a legislature is entrusted with the administration of medical care, the right of appeal provided for in paragraph 1 of this article may be replaced by a right to have a complaint concerning the refusal of medical care or the quality of the care received investigated by the appropriate authority.

3. Where a claim is settled by a special tribunal established to deal with social security questions and on which the persons protected are represented, no right of appeal shall be required.

1. Please specify for each Part and each target system, where each claimant has the right to appeal in case of refusal of benefit or the right to complain regarding its quality or quantity, as stipulated in paragraph (1) of this article. Please, list the rules that apply to an appeal.

According to Article 451 of Law No 95/2006, republished, in case of benefit rejection or benefit type or amount contestation, the insured individuals are entitled to lodge a complaint to the College where the relevant physician is member, and if such complaint is rejected, the insured individual may submit a complaint to a court of law.

2. Please specify if applicable, paragraph 2 of this Article and, if so, what measures are taken to ensure that every person protected is entitled to complain of denial of care or quality of care received investigated by the competent authority.

XIII – 3. Financing and Administration

Article 71. C102, Article 70. ECSS

1. The cost of the benefits provided in compliance with this Convention (Code) and the cost of the administration of such benefits shall be borne collectively by way of insurance contributions or taxation or both in a manner which avoids hardship to persons of small means and takes into account the economic situation of the Member (Contracting Party) and of the classes of persons protected.

2. The total of the insurance contributions borne by the employees protected shall not exceed 50 per cent of the total of the financial resources allocated to the protection of employees and their wives and children. For the purpose of ascertaining whether this condition is fulfilled, all the benefits provided by the Member (Contracting Party) in compliance with this Convention (Code), except family benefit and, if provided by a special branch, employment injury benefit, may be taken together.

3. The Member (Contracting Party) shall accept general responsibility for the due provision of the benefits provided in compliance with this Convention (Code), and shall take all measures required for this purpose; it shall ensure, where appropriate, that the necessary actuarial studies and calculations concerning financial equilibrium are made periodically and, in any event, prior to any change in benefits, the rate of insurance contributions, or the taxes allocated to covering the contingencies in question.

Article 72. C102, Article 71. ECSS

1. The Member (Contracting Party) shall accept general responsibility for the proper administration of the institutions and services concerned in the application of the Convention (Code).

2. Where the administration is not entrusted [to an institution regulated by the public authorities or – C102] to a Government department responsible to a legislature, representatives of the persons protected shall participate in the management, or be associated therewith in a consultative capacity, under prescribed conditions; national laws or regulations may likewise decide as to the participation of representatives of employers and of the public authorities.

ADDENDUM 2

ADDITIONAL SERVICES OR BENEFITS

PART II

Medical care

1. Care outside hospital wards by general practitioners and specialists, including domiciliary visiting, without limit of duration, provided that the beneficiary or his wage earner may be required to share in the cost of the care received to the extent of 25%.

2. Essential pharmaceutical supplies, without limit of duration, provided that the beneficiary or his wage earner may be required to share in the cost of the care received to the extent of 25%.

3. Hospital care, including maintenance, care by general practitioners or specialists, as required, and all auxiliary services required in respect of prescribed diseases requiring prolonged care, including tuberculosis, for a duration which may not be limited to less than 52 weeks per case.

4. Conservative dental care, provided that the beneficiary or his wage earner may be required to share in the cost of the care received to the extent of one-third.

5. Where cost-sharing takes the form of a fixed sum in respect of each case of treatment or each prescription of pharmaceutical supplies, the total of such payments made by all persons protected in respect of any one of the types of care referred to in paragraphs (1), (2) or (4) above shall not exceed the specified percentage of the total cost of that type of care within a given period.

PART III

Sickness benefit

6. Sickness benefit at the rate specified in Article 16 of this Code, for a duration which may not be limited to less than 52 weeks per case.

PART IV

Unemployment benefit

7. Unemployment benefit at the rate specified in Article 22 of this Code, for a duration which may not be limited to less than 21 weeks within a period of 12 months.

PART V

Old age benefit

8. Old age benefit at a rate of at least 50 per cent of the benefit specified in Article 28:

a) under Article 29, paragraph (2), or, where the benefit specified in Article 28 is conditional upon a period of residence and the Contracting Party concerned does not avail itself of Article 29, paragraph (3), after ten years of residence; and

b) under Article 29, paragraph (5), subject to prescribed conditions regarding the previous economic activity of the person protected.

PART VII

Family benefit

9. Family benefit in cash, in the form of periodical payments, until the eligible child continuing its education attains a prescribed age which may not be less than 16 years.

PART VIII

Maternity benefit

10. Provision of maternity benefit, without qualifying period.

PART IX

Invalidity benefit

11. Invalidity benefit at a rate of at least 50% of the benefit specified in Article 56:

a) under Article 57, paragraph (2), or, where the benefit specified in Article 56 is conditional upon a period of residence and the Contracting Party concerned does not avail itself of Article 57, paragraph (3), after five years of residence; and

b) for a person protected who, by reason only of his advanced age when the provisions concerned in the application of this part come into force, has not satisfied the conditions prescribed in accordance with Article 57, paragraph (2), subject to prescribed conditions regarding the previous economic activity of the person protected.

PART X

Survivor’s benefit

12. Survivors' benefit at a rate of at least 50% of the benefit specified in Article 62:

a) under Article 63, paragraph (2), or, where the benefit specified in Article 62 is conditional upon a period of residence, and the Contracting Party concerned does not avail itself of Article 63, paragraph (3), after five years of residence; and

b) for persons protected whose wage earner had not satisfied the conditions prescribed in accordance with Article 63, paragraph (2), by reason only of his advanced age when the provisions concerned in the application of this part came into force, subject to prescribed conditions regarding the previous economic activity of the wage earner.

PARTS II, III or X

13. Funeral benefits amounting to:

(i) twenty times the daily previous earnings of the person protected which serve, or would have served, for the calculation of the survivors' benefit or sickness benefit, as the case may be, provided that the total benefit need not exceed twenty times the daily wage of the skilled male manual employee, determined in accordance with the provisions of Article 65; or

(ii) twenty times the daily wage of the ordinary adult male labourer, determined in accordance with the provisions of Article 66.

RF/C102/ECSS:

1. Please state, the resources of each scheme concerned, and more particularly, the rate or the amount of the contributions raised on earnings for the purposes of financing the scheme, either by way of insurance contributions or of taxes.

2. Please furnish the following statistical information for the specific Parts.

[STAT↑]

Part N	Resources allocated to the protection of employees, their wives and their children (A)	Insurance contributions borne by the employees protected (B)
Part II
Part III
Part IV
Part V
Part VII
Part VIII
Total

3. Total in column B per cent of total in column A, above.

4. Please state to which extent responsibility has been assumed by the Member for the provision of benefits.

5. Please indicate the principal changes that have been made during the period covered by the reports as regards:

i. benefit;

ii. rates of contribution;

iii. other resources.

6. Please state whether the necessary actuarial studies and calculations concerning the financial equilibrium are made periodically. Where this has not already been done, please forward the results of any such studies and calculations.

7. Please state whether the persons protected participate in the management of the scheme or schemes concerned, or whether their representatives are associated therewith. If so, please state how participation or association is secured.

* Please indicate what text are available in English/French/Spanish and supply a copy or a web reference.

[1] This number shall include all residents, including children and elderly.

* Please indicate what text are available in English/French/Spanish and supply a copy or a web reference.

[2] We have used the same earnings reported for the year 2014 because NIS didn’t provided until now the average monthly gross earnings in month October, 2015.

* Please indicate what text are available in English/French/Spanish and supply a copy or a web reference.

[3] "Respiro" is a service offering care and supervision, in a specialized centre, 24 hours out of 24, 7 days/week for youth, adults, elderly people with various illnesses and people with disabilities who are in various difficult life situations, unable to care of themselves, so that their families, relatives or others who care of them can benefit of rest for more than 30 days per year.