COUNCIL OF EUROPE FORM FOR THE BIENNIAL REPORT ON THE EUROPEAN CODE OF SOCIAL SECURITY (ARTICLE 76 – PARTS NOT SPECIFIED IN THE RATIFICATION OF THE CODE OR IN A NOTIFICATION MADE SUBSEQUENTLY)

COUNCIL OF EUROPE

FORM

FOR THE

BIENNIAL REPORT

ON THE

EUROPEAN CODE OF SOCIAL SECURITY

(ARTICLE 76 – PARTS NOT SPECIFIED

IN THE RATIFICATION OF THE CODE

OR IN A NOTIFICATION MADE SUBSEQUENTLY)

________

STRASBOURG

R E P O R T

for the period from 1^st July 2014 to 30^th June 2016 made by the Government of Romania in accordance with Article 76 of the European Code on Social Security on the position of national law and practice in regard to the matters dealt with in Parts of the European Code of Social Security which have not been specified in the ratification of the Code or in a subsequent notification.

I. Please provide a list of legislation and administrative regulations, etc., applying the Code, under Article 2. Please specify in each case that these texts are part of the related code. Please send copies of that legislation.

Part IV – Unemployment benefit

· Law no. 76/2002 on the unemployment insurance and on employment stimulation, with the subsequent modifications and completions

· Government Decision no. 174 of 20 February 2002 for the approval of the Methodological Norms to the Law no 76/2002, updated till 20th March 2014, with the following modifications and completions:

o Rectification no. 174 of 20 February 2002;

o Government Decision no. 1.089 of 2 Octomber 2002;

o Government Decision no. 934 of 10 June 2004;

o Government Decision no. 1.859 of 22 December 2005;

o Government Decision no. 312 of 8 March 2006;

o Government Decision no. 149 of 13 February 2008;

o Government Decision no. 449 of 15 April 2009;

o Government Emergency Ordinance no. 117 of 23 December 2010;

o Government Decision no. 113 of 9 February 2011;

o Government Decision no. 119 of 19 February 2014.

Part VI – Benefits in case of employment injuries and professional diseases

Law no. 346 on 5th of June 2002, republished, on the insurance for employment injuries and professional diseases, published in the Official Journal of Romania, Part I no. 722 on the 12th of November 2009, with its subsequent amendments and complements;
Law no. 319 on the 14th of July 2006, Law on security and safety at work, published in the Official Journal of Romania, Part I no. 646 on 26th of July 2006, with its subsequent amendments and complements;
Law no. 263 on 16th of December 2010 on the unitary system of public pensions published in the Official Journal Part I no. 852 on the 20th of December 2010, with its subsequent amendments and complements;
The Decision of Government no. 257 on the 20th march 2011 for the approval of norms of application of provisions of Law no. 263/2012 on the unitary system of public pensions, published in the Official Journal Part I no. 214 on 28th of March 2011;
Order no. 450/825 on the 6th of June 2006 for the approval of methodological norms for the application of Law no. 346/2002 on the insurance for employment injuries and professional diseases, published in the Official Journal Part I no. 708 on 17th of August 2006, amended by Order no. 213 on the 18th of February 2009, published in the Official Journal Part I no. 257 on the 7th April 2009;
Order no. 1378 on the 23rd of September 2011 for the approval of procedure for investigation and diagnosis of professional diseases, as well as of the list of benefits of related medical benefits, published in the Official Journal Part I no. 748 on the 25th October 2011;
The Emergency Romanian Government Ordinance no. 117 in 2010 upon amending and completion of Law no. 571/2003 on the Fiscal Code and the Regulation of some financial – fiscal measures, published in the Official Journal Part I no. 891 on the 30th of December 2010.

Part IX – Invalidity benefit

LAW no. 263 on 16th December 2010 on the unitary system of public pensions, published in the OFFICIAL JOURNAL of Romania Part I no. 852 on the 20th of December 2010; <LLNK 12011 283 10 201 0 35>LAW no. 283 on 14th of December 2011; <LLNK 12012 2971701701 0 34>DECISION no. 297 on 27th of March 2012; <LLNK 12012 6801701701 0 33>DECISION no. 680 on 26th of June 2012; <LLNK 12012 76 10 201 0 28>LAW no. 76 on 24th of 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.

THE GOVERNMENT DECISION no. 257/2011 for the approval of norms of application of provisions of Law no. 263/2010 on the unitary system of public pensions published in the OFFICIAL JOURNAL of Romania Part I no. 214 on 28th of March 2011.

Part X. Survivor’s benefits

1. LAW no. 263 from the16th of December 2010 on the unitary system of public pensions system published in the OFFICIAL JOURNAL of Romania Part I, no. 852 from the 20th of December 2010;; Law no. 283 from 14th of December 2011; Decision no. 680 from the 27th of March 2012; Law no. 76 from the 24th of 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.

2. The Government Decision no. 57/2011 concerning the approval of application regulations of the Law no. 263/2010 provisions on the unitary system of public pensions, published in the OFFOCIAL JOURNAL of Romania Part I no. 214 from the 28^th of March 2011.

Part IV – Unemployment benefit

Article 19

Under article 47 par. (2) of the republished Romanian Constitution, citizens have a right to pension, paid maternity leave, medical care in public health centers, unemployment benefits and other forms of public or private social security prescribed by law. Citizens also have the right to social assistance measures according to law.

The entry into force of the Law No.76/2002 on the unemployment insurance system and employment stimulation regulated the measures to achieve the strategies and policies designed to protect individuals against the risk of unemployment, ensure a high level of employment and adapt the labour force to labor market requirements.

According to the express provisions of Art.1 of the law, in Romania each person is guaranteed the right to freely choose a profession and job, as well as the right to unemployment insurance.

According to Art.4 (1) of the same law, in implementing its provisions are excluded any discriminations on political grounds, race, nationality, ethnic origin, language, religion, social status, beliefs, sex and age.

Article 20

Under the provisions of Art.5 VII of the Law.76/2002 on the unemployment insurance system and employment stimulation, as amended and supplemented, in the sense of this law, the unemployment benefit is a partial compensation of the insured person's income following the loss of employment, or of the income of graduates of educational institutions who were unable to take-up employment.

Article 21

According to Art.5 IV of Law No.76/2002, with its subsequent changes and complements, the unemployed is the person who cumulatively meets the following requirements:

a) is in search of a job since the age of at least 16 years old until he/she meets the requirements for retirement;

b) is in good health and bodily and mentally able to take-up employment;

c) does not have a job, does not earn any income or the income generated from activities authorised according to the law is lower than the value of the reference social indicator for unemployment insurance and employment stimulation in force;

d) is ready to start working as soon as a job is to be found.

According to para.VI of the same Article, the insured person is the natural person who earns an income, according to the law, and for whom the employer is required to withhold and pay the individual contribution for unemployment insurance, as well as the person who is ensured through a contract for unemployment insurance.

Under Art.18 (2) of Law.76/2002, with its subsequent changes and complements, the insured persons can be:

a) Romanian citizens who are employed or earn income in Romania, according to the law, with the exception of the pensioners;

b) Romanian citizens working abroad, according to the law;

c) foreigners or stateless persons who, during a period when they have their domicile or residence in Romania, are employed or earn an income, according to the law.

As provided in para.(3) of the same Article, the insured persons have the obligation to pay their unemployment insurance contribution and are entitled to unemployment benefit, according to this law.

In accordance with Art.19 of the above-mentioned law, the following persons are compulsory covered by the unemployment insurance system as a consequence of the law:

a) persons who perform activities under an individual labour contract or a temporary labour contract, under the law, with the exception of pensioners;

b) civil servants and other persons who perform activities based upon an appointment document;

c) people who perform activities in elected positions or are appointed within the executive, legislative or judicial authority, during their mandate;

d) soldiers and voluntary army staff; (para.(d) of Art.19 was repealed)

e) people who have working relations as co-operative members;

f) other persons who earn an income from activities performed according to the law and who do not find themselves under any of the situations mentioned under a)-e), provided that for these people there is an obligation by law to pay the unemployment insurance contribution.

In accordance with Art.20 of Law no.76/2002, with its subsequent changes and complements, the following persons can be insured against unemployment, according to this law:

a) sole associate, associates;

b) administrators who have concluded contracts according to the law;

c) authorised natural persons, entrepreneurs who are natural persons, holders of individual businesses, and members of family businesses;

d) Romanian citizens working abroad, according to the law;

e) other persons who earn an income from activities performed according to the law and who do not find themselves into any of the situations mentioned under a)-d).

Under Art.22 (1) and (2) of the above-mentioned legal document, the persons provided for in Art.20 can conclude an unemployment insurance contract with the employment agency within the area of which their domicile or, as the case may be, residence is located, if they are at least 18 years old and are insured in the public pension system and the health insurance system, while the monthly income insured cannot be lower than the minimum base gross guaranteed wage established by law, or higher than the equivalent of 5 times the average gross wage established by law, in force in the month for which the unemployment insurance contribution is paid.

Article 22 and Article 23

1. Where classes of employees 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 employees determined in accordance with Article 21.a.

The benefit specified in Article 22 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.

According to Art.5 V of the Law No.76/2002, with its subsequent changes and complements, within the meaning of this law, the contribution period is the period of time for which the contribution for unemployment insurance was due by both the insured and the employer or, where appropriate, solely by the insured, as well as the period for which the persons insured under the unemployment insurance system through a contract for unemployment insurance were due and have paid the unemployment insurance contribution.

According to Art.34 (1) of the above-mentioned law, the unemployed provided for in Art.17 (1) shall receive unemployment indemnity if they meet cumulatively the following conditions:

a) have a contribution period in the unemployment insurance system of minimum 12 months during the last 24 months prior to the registration of their application;

b) do not earn any income or earn, from legally authorised activities, an income lower than the value of the reference social indicator for unemployment insurance and employment stimulation in force;

c) do not meet the requirements for retirement, according to the law;

d) are registered with the employment agencies within the area of which they domicile or residence, respectively is located, if they had their last job or they earned income in that locality.

According to Art.37¹ (1) of the above-mentioned law, upon setting the minimum contribution period to 12 months during the last 24 months prior to the registration of the application, provided for in Art.34 (1) a), shall not be taken into account the contribution periods used earlier for setting and granting a right to unemployment benefit.

Under para.(2) of the above-mentioned Article, the periods representing a contribution period that were used to set and grant an earlier right to unemployment benefit, provided in para.(1), shall be taken into account in establishing the contribution period used to establish the period for granting unemployment benefits and the amount of this right, provided for in Article 39 of the law.

Under Art.39 (1) of the Law No.76/2002, with its subsequent changes and complements, the unemployment benefit is granted to the unemployed stipulated in Art.17 (1) for periods established differently, according to their contribution period, as follows:

a) 6 months for a contribution period of at least 1 year;

b) 9 months for a contribution period of at least 5 years;

c) 12 months for a contribution period higher than 10 years.

According to para.(2) of the above-mentioned Article, the amount of the unemployment benefit stipulated in para.(1) is a monthly amount that varies function of the contribution period, as follows:

a) 75% of the reference social indicator of unemployment insurance and employment stimulation in force at the date of calculation, for people with a contribution of at least one year;

b) the amount mentioned in para. (a) plus an amount calculated by applying to the base average gross monthly wage for the last 12 months of contribution period, a percentage quota that varies function of the length of the contribution period.

As provided in para. (3) of the above-mentioned Article, the percentage quotas, which vary function of the length of the contribution period, provided in para.(2) b), are as follows:

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

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

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

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

According to Art.39 (4) of the above-mentioned law, for persons who were insured under a contract of unemployment insurance, in setting the amount calculated by applying a different percentage quota function of the length of the contribution period, provided in para. (2) b), will be taken into account the monthly income declared in the unemployment insurance contract.

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,by gross base monthly wage for the last 12 months of contribution period, provided in Art.39 (2) b) of the Law, it is understood the monthly basis for calculating the individual contribution to the unemployment insurance budget, under Title IX² "Compulsory social contributions» of Law No.571/2003, as amended and supplemented, over the past 12 months of contribution period.

In accordance with para.(2) of the above-mentioned Article, for the persons who were insured under an unemployment insurance contract, to determine the amount calculated by applying a percentage quota function of the length of the contribution period, provided for in Art.39 (2) b) of the Law, will be considered the monthly income declared in the unemployment insurance contract concluded by such persons, according to the law, and for which was calculated and paid the due contribution to the unemployment insurance budget, as provided for in Art.28 of the law.

We mention that, as expressly provided in Art.502 (2) of Law No.227/2015 on the Fiscal Code, as amended and supplemented, the references made by other laws to Law No.571/2003 on the Fiscal Code, as amended and supplemented, shall be deemed to be made to Law No.227/2015 on the Fiscal Code, as amended and supplemented.

Under Article 164 (1) of Law No.53/2003 - Labour Code, republished, as amended and supplemented, the minimum gross salary guaranteed for payment, corresponding to normal working hours, is set by Government Decision following consultations with the trade unions and employers' organizations. In case the normal working hours are, by law, less than 8 hours daily, the minimum gross hourly wage is calculated by applying the nationwide base minimum gross wage to the average number of hours per month, according to the approved legal working hours.

Part VI - Employment injury benefit

Article 31

Each Contracting Party for which this part of the Code is in force shall secure to the persons protected the provision of employment injury benefit in accordance with the following articles of this part.

In Romania benefits in case of accidents at work and professional diseases are regulated by law and by methodological norms for the application thereof. According to law provisions, the protection is provided both on grounds of a mandatory scheme, as well as of a voluntary scheme, differentiated on more categories of covered persons.

The system of insurance for the accidents at work and professional diseases covers all the employees and assimilated, public servants, i.e. most of the active population, residents included, according to provisions of art. 5 and Art. 7 of Law no. 346/2002. Self employed are covered on voluntary basis.

The incomes for the insurance against accidents at work and occupational diseases shall be formed of:

a) the contributions for insurance against accidents at work and occupational diseases payable by the legal persons, as well as by the natural persons that take out insurance;

b) delay interests and penalties;

c) other incomes, according to the law.

The incomes from the insurance contributions for accidents at work and occupational diseases payable by the natural and legal persons, under the terms of this law, shall be provided distinctly at the part of incomes of the state social insurance budget.

The incomes for accidents at work and occupational diseases shall be intended exclusively for the financing of the insurance benefits and services for accidents at work and occupational diseases provided by this law, as well as for financing the organisation and functioning of the insurance system regulated by the Law no.346/2002, republished.

The expenses for the insurance benefits and services for accidents at work and occupational diseases and the expenses for the organisation and functioning of this system shall be provided distinctly at the part of expenses of the state social insurance budget.

The expenses for insurance benefits and services for accidents at work and occupational diseases shall be carried out for:

a) the medical rehabilitation and recovery of capacity of work;

b) the professional rehabilitation and recovery;

c) the allowance for temporary incapacity of work;

d) the allowance for temporary transfer to another workplace and the allowance for shortening the work time;

e) the compensations for prejudice to integrity;

f) the damages for death;

g) the refunds of expenses;

h) the activity of prevention of accidents at work and occupational diseases;

i) medical services granted in sanitary units with legal personality and occupational disease sections or within the out-patient department through the labour medicine office located in the hospitals, including at the Occupational Disease Sanatorium from Avrig, Sibiu county, to the persons suffering from occupational diseases.

The expenses for the organization and functioning of the system of insurance against accidents at work and occupational diseases shall be ensured within the limits of the amounts approved with this destination in the state social insurance budget.

The list of medical services granted in sanitary units with legal personality and occupational diseases sections or within the out-patient department through the labour medicine office located in the hospitals, including at the Occupational Disease Sanatorium from Avrig, shall be established by methodological norms approved by the joint order of the minister of health and of the minister of labour, social solidarity and family.

The annual surpluses resulted in case the incomes exceed the expenses of the system of insurance against accidents at work and occupational diseases shall be carried forward to the next year, being used to finance the expenses provided in Article 92 (2) of the Law no.346/2002, republished.

The possible deficits registered throughout the execution and the annual deficit resulted in case the incomes are exceeded by the expenses of the system of insurance against accidents at work and occupational diseases shall be covered from the liquidities registered by the system during the previous year.

The cash execution of the funds related to the system of insurance against accidents at work and occupational diseases shall be carried out through the State Treasury.

The liquidities of the system of insurance against accidents at work and occupational diseases shall be kept in the State Treasury and shall be interest bearing.

The liquidities of the original fund for the operation of the insurance system registered on 31 December 2003, as they were established according to the Law on the state social insurance budget for the year 2003 No. 632/2002, as subsequently amended, shall be taken over by NFPOSIB to be administered.

Article 32

The contingencies covered shall include the following where the state of affairs described is due to accident or a prescribed disease resulting from employment:

a. a morbid condition;

b. incapacity for work resulting from such a condition and involving suspension of earnings, as defined by national laws or regulations;

c. total loss of earning capacity or partial loss thereof in excess of a prescribed degree, likely to be permanent, or corresponding loss of faculty; and

d. the loss of support suffered by the widow or child as the result of the death of the breadwinner; in the case of a widow, the right to benefit may be made conditional on her being presumed, in accordance with national laws or regulations, to be incapable of self-support.

Definition of risk

The insurance system for hazardous injuries and occupational diseases covers all the employees and assimilated, public servants, i.e. most of the active population, residents included, according to provisions of art. 5 and Art. 7 of Law no. 346/2002. Self employed are covered on voluntary basis.

The risks covered are the accidents at work described by the provisions of Law no. 346/2002 are and occupational diseases, as they are defined by art. 5 letters g) and h) of Law no. 319/2006.

Art. 5 of Law no. 319/2006 provides for the following:

“In the sense of this law, the terms and expressions below have then following meaning:

g) accident at work– the violent injury of body, as well as the serious professional intoxication, occurred during work process of while accomplishing the professional duties and which result in a temporary incapacity of work of at least 3 calendar days, disability or death;

h) professional disease – the injury produced as a consequence of making a certain profession or occupation, caused by noxious physical, chemical or biological substances, characteristic to a certain job, as well as by the overburdening of various organs or systems of the body, during the professional activity ; ”

The qualification period – not necessary.

The awaiting period – not necessary.

For the benefits awarded in case of sickness, according to art. Art. 32 letter a) of the European Social Security Code, the medical care is provided until the stabilization and improvement health condition of insured person, without a duration set a priori.

For the work incapacity caused by a sickness, according to Art. 32 letter. b) from the European Social Security Code, the maximum duration is provided under Art. 35 and Art. 36 par. (1) and (3) from Law no. 346/2002.

“Art. 35. The duration of temporary work incapacity allowance is 180 days during one year, counted from the first day of medical leave.

Art. 36. (1) In situations strongly motivated by the possibility of rehabilitation and return to work of the insured person, the physician may recommend extended medical leave over 180 days.

(3) The prolongation of medical leave, for more than 180 days, is possible for maximum other 90 days, according to the procedures set by the National House of Public Pensions, according to the evolution of case and the results of rehabilitation measures.”

The risks insured under the terms of the Law no.346/2002, republished, shall be the accidents of work and the occupational diseases defined in compliance with the provisions of the Law on health and safety no.319/2006, with subsequent modifications.

For the purposes of the Law on health and safety no.319/2006, with subsequent modifications, the terms “labour accident “ and “occupational disease” shall have the following meanings:

- labour accident - violent bodily harm and the acute professional intoxication, occurred during the labour process or while carrying out the job duties and which cause temporary labour incapacity of at least 3 calendar days, invalidity or death;

- occupational disease - the disease caused by the performance of a trade or profession, triggered by noxious physical, chemical or biological agents characteristic to the work place, and by the overtaxing of different organs and systems of the body in the labour process.

An accident at work shall also be:

a) the accident suffered by person visiting the undertaking and/or establishments, with the employer's permission;

b) the accident suffered by those carrying out state or public interest duties, including while performing cultural, sports activities, during and owing to the carrying out of these duties;

c) the accident suffered within organised cultural-sports activities, during and owing to the pursuit of these activities;

d) the accident suffered by any person as a consequence of an action undertaken at his/her own initiative, for salvage of human lives;

e) the accident suffered by any person as a consequence of an action undertaken at his/her own initiative, for the prevention or removal of a danger that is a threat to the public and private wealth;

f) the accident caused by activities not related to the work process, if it occurs at the head office of the legal person or at the address of the natural person, as employer, or at any other workplace organised by these, during the work schedule and the injured person is not exclusively to blame;

g) the accident on the route, during and on the normal route while the worker is travelling from the workplace to the domicile and the other way round;

h) the accident occurred while travelling from the head office of the legal person or from the address of the natural person to the work place or from a workplace to another, for the carrying out of a job duty;

i) the accident occurred while travelling from the head office of the legal person or from the address of the natural person where the victim is registered, or from any other workplace organised by such persons, to another legal or natural person, for the carrying out of a job duty, during the normal travelling schedule;

j) the accident suffered before or after stopping work, if the victim was taking over or handing over work tools, the workplace, the machine or or materials, if it was getting dressed with or undressed of his private clothes, the individual protection outfit or any other equipment made available by the employer, if he was in the bathroom or the lavatory or if he was coming from the work place towards the exit of the undertaking or establishment or other way round;

k) the accident occurred during the regular breaks, if it took place in places organised by the employer, as well as during and on the normal route towards or coming from such places;

l) the accident suffered by workers of Romanian employers or by Romanian natural persons, delegated to carry out their job duties outside the borders, for the duration and route provided in the travel document;

m) the accident suffered by the Romanian personnel that undergoes works or services on the territory of other countries, based on contracts, conventions or in any other conditions provided by the law, concluded by Romanian legal persons with foreign partners, during and owing to the carrying out of these duties;

n) the accident suffered by those that attend courses for qualification, re-qualification and improvement of professional training, during and owing to the activities related to their probation;

o) the accident determined by natural phenomena and disasters, such as storm, snowstorms, earthquakes, floods, landslides, thunderbolt (electrocution), if the victim is performing work or is carrying out its job duties;

p) a missing person, provided that there is an accident at work and under circumstances that enable a death supposition;

q) the accident suffered by a person while carrying out its job duties, as a result of an aggression.

In the cases mentioned in the above paragraph g), h), i) and l), the travel must take place without unjustified departures from the regular route, and, likewise, the transport must be made under the terms provided by the regulations concerning the security and health at work or the traffic regulations in force.

The accidents at work shall be classified, in ratio to the consequences and to the number of injured persons, into:

a) accidents that lead to temporary work incapacity that lasts at least 3 days;

b) accidents that lead to invalidity;

c) fatal accidents;

d) collective accident, when at least three persons are injured at the same time and for the same reasons.

Occupational diseases shall also be the diseases suffered by pupils and students during the professional practice.

Article 33

The persons protected shall comprise prescribed classes of employees, constituting not less than 50 per cent of all employees, and, for benefit in respect of death of the breadwinner, also their wives and children.

The conditions for being entitled to benefits are as following:

- to have the status of person insured;

- to have been the victim of a labour injury of professional disease, recorded and declared according to legal provisions.

In conformity with the provisions of Article 1 of Law no. 346/2002, republished, „the insurance against accidents at work and occupational diseases is the insurance for individuals, a part of the social insurance system and is state-guaranteed” and includes the specific relationships whereby it is ensured the social protection of the employees against the decrease or loss of working capacity and their death as a result of accidents at work and occupational diseases.”

I. The following shall be mandatorily insured by the effect of the Law no.346/2002, republished:

a) the persons carrying out activities based on an individual labour contract, irrespective of its duration, as well as the public officers;

b) the persons carrying out activities in elective positions or that are appointed within the executive, legislative or judicial authority, for the period of their term of office, as well as the cooperative members of a craftsmen cooperative, whose rights and obligations are assimilated, under the terms of this law, with those of the persons provided in letter a);

c) the unemployed, for the duration of the professional practice within the courses organised according to the law;

d) apprentices, pupils and students, for the duration of the professional practice.

The provisions of the Law no.346/2002, republished, shall not apply to the military and civil staff hired based on a contract and the staff insured within the own system of the Ministry of the National Defence, Ministry of Administration and Interior, the Romanian Intelligence Service, the Foreign Intelligence Service, the Security Service, the Special Telecommunication Service, as well as in that of the Ministry of Justice - the National Administration of Penitentiaries and the General Directorate of Protection and Anti-corruption.

II. The persons who are in one or more of the following circumstances may become also insured, under the law, based on an individual insurance contract:

a) the sole associate, associates, sleeping partners or shareholders;

b) active partners, administrators or managers;

c) members of family association;

d) persons authorised to pursue independent activities;

e) persons employed in international institutions;

f) owners of goods and/or tenants of agricultural and forestry land surfaces;

g) persons that pursue agricultural activities within individual households or private activities in the forestry field;

h) members of the agricultural activities or of other forms of agricultural associations;

i) other persons concerned, that pursue their main activity based on other legal relations than the above mentioned one.

The contents of the individual insurance contract shall be established in the methodological norms of application of the Law no.346/2002, republished.

III. Are also insured the Romanian employers that perform work abroad at the order of the Romanian employers, under the law. The foreign citizens or stateless persons that perform work for Romanian employers shall also hold the capacity of policy holders, during the period when they have their domicile or residence in Romania, according to the law.

Article 34

1. In respect of a morbid condition, the benefit shall be medical care as specified in paragraphs 2 and 3 of this article.

2. The medical care shall comprise:

a. general practitioner and specialist in-patient care and out-patient care, including domiciliary visiting;

b. dental care;

c. nursing care at home or in hospital or other medical institutions;

d. maintenance in hospitals, convalescent homes, sanatoria or other medical institutions;

e. dental, pharmaceutical and other medical or surgical supplies, including prosthetic appliances, kept in repair, and eyeglasses; and

f. the care furnished by members of such other professions as may at any time be legally recognised as allied to the medical profession, under the supervision of a medical or dental practitioner.

3. The medical care provided in accordance with the preceding paragraphs shall be afforded with a view to maintaining, restoring or improving the health of the person protected and his ability to work and to attend to his personal needs.

The cost of benefits is funded by the contributions for hazardous accidents and occupational diseases, as provided Art. 91 of Law no. 346/2002.

The National House of Public Pensions is the authority responsible for the supervision and implementation if legal provisions and regulations in the matter of insurance for accidents at work and professional diseases. As regards the declaration and registration of hazardous accidents, the competent authority is the Labour Inspection.

As regards the declaration of occupational diseases, the competent authorities are the Departments for Public Health.

According to the provisions of the Chart on organisation and functioning of National House of Public Pensions, within the mentioned organization is working an Administration Board and a Tripartite Council, both made up by representatives of employers' and trade unions' organizations.

The insurers of the system of insurance against accidents at work and occupational diseases shall be entitled to the following benefits and services:

a) medical rehabilitation and recovery of capacity of work;

b) rehabilitation and professional reconversion;

c) allowance for temporary incapacity of work;

d) allowance for temporary transfer to another work place and allowance for shortening the working time;

e) compensations for prejudice to integrity;

f) damage in case of death;

g) reimbursement of expenses.

Regarding compensation for prejudice to integrity and compensation in case of death, the amount depends on the gross average salary, announced by the National Statistics Institute.

The policy holders shall be entitled to medical benefits for investigation, diagnosis, rehabilitation of their health condition and recovery of their capacity of work, in compliance with the legal provisions in force.

The insurer shall be bound to pay the equivalent value of the medical services granted until the following are achieved:

a) recovery of the medical condition or improvement of the health deficiencies occurred as a result of an insured risk;

b) prevention of the decrease or loss of the capacity of work and of the need of permanent care.

The equivalent value of the tickets for spa treatment prescribed by the physician of the insurer of those who are in temporary incapacity of work, as a result of an exclusive of an accident at work or of an occupational disease, shall be fully covered from the contributions of insurance against accidents at work and occupational diseases.

The policy holder shall be entitled to a proper medical treatment for the injuries and diseases caused by accidents at work or occupational diseases, as follows:

a) the emergency medical assistance at the place of the accident, in the specialised transport means and in the hospital units;

b) the out-patients' medical treatment, medical tests and medicines prescribed by the doctor;

c) medical services in hospitals or in sanitary units with legal personality specialised in occupational diseases;

d) treatment for the recovery of the capacity of work in specialised units;

e) reconstruction surgery services;

f) balneo - climacteric cures;

g)specialized investigations and laboratory tests, necessary to establish the character of professionalism disease.

For the occupational diseases confirmed before the date of 1 January 2005 and for which it is continued the medical rehabilitation after this date as an exclusive consequence of the occupational cause, the following benefits and services shall be discounted:

a) the out-patients' medical treatment, medical tests and medicines;

b) medical services in hospitals or in sanitary units with legal personality specialised in occupational diseases;

c) treatment for the recovery of the capacity of work in specialised units;

d) reconstruction surgery services;

e) balneo - climacteric cures;

f) medical devices in view of correcting and recovery of organic, functional or physical deficiencies.

The funds necessary for the settlement of the benefits and services shall be covered from the state budget by the Ministry of Labour, Family, Social Protection and Elderly.

In view of correcting and recovery of organic, functional or physical deficiencies caused by accidents at work and occupational diseases, the policy holders shall be entitled to medical devices, that are established by methodological norms of application of this law.

For the cases of accidents at work confirmed before the date of 1 January 2005 and that need medical devices in view of correcting and recovery of organic, functional or physical deficiencies caused by accidents at work and occupational diseases, the costs shall be covered from the funds of the state budget by the Ministry of Labour, Family, Social Protection and Elderly.

For the medical rehabilitation and recovery of capacity of work the policy holders shall benefit by individual recovery programmes, established by the specialised physician of the insurer, depending on the nature and the disease diagnosis. The individual recovery programme may include balneary spa treatment, depending on the type of disease. The balneary spa treatment shall last 15 - 21 days and its duration shall be established by the physician of the insurer, depending on the type of disease and on the nature of the treatment.

The criteria underlying the grant of tickets for the balneary spa treatment shall be approved by CNPP on an annual basis.

The policy holder shall be under the obligation to follow and comply with the individual recovery programmes established by the specialised physician of the insurer.

The right to benefits and services for medical rehabilitation and recovery of capacity of work shall be suspended in case the policy holder does not follow or comply with the individual recovery programme.

The medical treatment during the individual recovery programme, as well as the accommodation and meal in the medical units shall be paid by the insurer in compliance with the tariffs and criteria established in the framework-agreement concerning the conditions for granting medical care within the health social insurance system, annually approved by a Government Decision, and by the methodological norms of application of this contract.

The units offering medical benefits and services shall be established by the insurer in view of medical rehabilitation and recovery of the capacity of work of the policy holder who have undergone accidents at work and occupational diseases.

The tariffs for the medical benefits and services related to medical rehabilitation and recovery of the capacity of work shall be established based on the provisions existing in the framework-agreement of the health social insurance system.

Article 35

1. The institutions or government departments administering the medical care shall co-operate, wherever appropriate, with the general vocational rehabilitation services, with a view to the re-establishment of handicapped persons in suitable work.

2. National laws or regulations may authorize such institutions or departments to ensure provision for the vocational rehabilitation of handicapped persons.

The National House of Public Pension, hereinafter called CNPP, shall have the capacity of insurer, under this law. The specific attributions of insurance against accidents at work and occupational diseases shall be exercised by the territorial pension funds. The specific attributions of insurance against accidents at work and occupational diseases, as service providers, may be achieved, under the law, also by professional insurance associations, established for this purpose per sectors of activity of the national economy. The professional insurance associations shall function based on its own by-law, in compliance with the provisions of this law and of the Government Ordinance No. 26/2000 with regard to associations and foundations, as subsequently amended and supplemented.

The insurance relations, resulted pursuant to this law and from the insurance contracts, shall be established among:

a) employers and insurer, for the insured persons provided at Art. 33, points I and III (see above);

b) insured and insurer, for the insured persons provided at Art. 33, point II (see above).

The quality of insured shall be acquired, and the insurance relations shall be established on the date of: concluding the individual labour contract, establishing the job relations in case of public officers, validation of the term of office for the persons that carry on their activities in elective positions, appointment within the executive, legislative or judicial authority, submission of the adhesion in case of cooperative members, beginning the professional practice for unemployed, apprentices, pupils and students or of concluding of the individual labour contract, as applicable.

In view of taking out the insurance against accidents at work and occupational diseases and of establishing the quota of the payable contribution, the employer shall be bound to communicate to the insurer, by a declaration on one's own responsibility, the field of activity according to the Classification of Activities of the National Economy - CAEN, the number of employees, the wage fund, as well as any other information requested for this purpose.

The declaration shall be submitted with the head office of the insurer, within 30 days as of the date of acquiring the legal personality or of beginning of the legal or job relations among parties, as applicable. In case of changing one or more information from the declaration mentioned prior, the employer shall be bound to notify the insurer within 15 days.

The person ensured, at the same time with the conclusion of the individual labour contract, shall be bound to submit income statement and to communicate to the insurer any change occurred in his condition or status, within 15 days.

The right to the benefits and services of insurance against accidents at work and occupational diseases shall rise as of the date when the insurance relations are established and shall cease at the same time with these relations.

In case the contribution to the insurance against accidents at work and occupational diseases based on an individual insurance contract was not paid from the fault of the employer or of the policy holder, the cost of the insurance benefits and services provided by the law and supplied by the insurer shall be recovered from the employer or from the insured person based on an individual insurance contract.

The provisions mentioned above shall not apply:

- For the occupational diseases confirmed before the date of 1 January 2005 and for which it is continued the medical rehabilitation after this date as an exclusive consequence of the occupational cause, the following benefits and services shall be discounted:

a) the out-patients' medical treatment, medical tests and medicines;

b) medical services in hospitals or in sanitary units with legal personality specialised in occupational diseases;

c) treatment for the recovery of the capacity of work in specialised units;

d) reconstruction surgery services;

e) balneo - climacteric cures;

f) medical devices in view of correcting and recovery of organic, functional or physical deficiencies.

And

- For the cases of accidents at work confirmed before the date of 1 January 2005 and that need medical devices in view of correcting and recovery of organic, functional or physical deficiencies caused by accidents at work and occupational diseases, the costs shall be covered from the funds of the state budget by the Ministry of Labour, Family, Social Protection and Elderly,

but they shall apply in cases confirmed after 1 January 2003.

In case of occupational diseases, declared under the law, during the professional activity, the right to the insurance benefits and services shall also be maintained after the labour/job relations and of the insurance individual contracts are terminated.

In case of occupational diseases, declared under the law, subsequently to the termination of the labour relations and of the insurance contracts, the right to the insurance benefits and services shall be granted if the former employee makes proof, with medical certificates issued according to the law, that the disease was caused by professional factors specific to the work place.

The risks insured under the terms of this law shall be the accidents of work and the occupational diseases defined in compliance with the provisions of the Law 319/2006 on the safety and health at work, with subsequent modifications.

In view of carrying out the activity of insurance against accidents at work and occupational diseases, CNPP shall have, mainly, the following attributions:

a) to coordinate and control the activity in this field, carried on by the territorial pension funds;

b) it may co-finance programmes in projects of prevention of accidents at work and occupational diseases;

c) to apply measures for the improvement of services and benefits of insurance against accidents at work and occupational diseases;

d) to elaborate the criteria and methodology underlying the calculation of the contribution to the insurance against accidents at work and occupational diseases;

e) to guide and control the activity of prevention of accidents at work and occupational diseases;

f) to control the manner to grant the benefits and services of insurance against accidents at work and occupational diseases, provided by this law;

g) to control the manner of granting the increments or cut-downs of the contribution for stimulating the prevention activity;

h) it may organise at national level, at the proposal of the territorial pension funds, the activity of functional recovery, prosthesis fixing, reorientation and reconversion, in view of professional reintegration for the persons who suffered accidents at work and occupational diseases;

i) to organise the records of the insurance cases, as well as of the insurance costs at national level;

j) to issue and withdraw the operation licence of the professional insurance associations;

k) it may finance at national level applicative research studies in view of finding solutions, devices and methods for preventing the accidents at work and occupational diseases;

l) it may organise the instruction, training and improvement of training of the staff within the field of insurance against accidents at work and occupational diseases;

m) to make proposals regarding the expenses financed from the incomes derived from the contributions for insurance against accidents at work and occupational diseases;

n) to supervise the execution of incomes and expenses of the activity of insurance against accidents at work and occupational diseases and to submit to the minister of labour, social solidarity and family quarterly and yearly reports on the budgetary execution;

o) to coordinate the activity of management of safety and health at work;

p) to check the modality of carrying out of the investigation of the accidents at work followed by temporary incapacity of work, by the direct participation to the investigation or by the analysis of the documents in proof, as applicable;

r) to establish the occupational nature of the accident with temporary incapacity of work.

Article 36

1. In respect of incapacity for work, total loss of earning capacity likely to be permanent, or corresponding loss of faculty, or the death of the breadwinner, 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. In case of partial loss of earning capacity likely to be permanent, or corresponding loss of faculty, the benefit, where payable, shall be a periodical payment representing a suitable proportion of that specified for total loss of earning capacity or corresponding loss of faculty.

3. The periodical payment may be commuted for a lump sum:

a. where the degree of incapacity is slight; or

b. where the competent authority is satisfied that the lump sum will be properly utilized.

The benefits paid on a periodic base in case of work accidents and occupational diseases are the disability pension and the survivor pensions caused by work accidents work and occupational disease. These benefits are described in Part IX – Disability Pensions and Part X – Survivor benefits from the Report, with no difference according to the cause of the event.

The revision of periodic payments is made according to the rules described at Part IX- Disability benefits and Part a X-a – Survivor benefits from the Report.

Benefits and services

Level of benefits

allowances for temporary incapacity of work, for shortening the working time or for the temporary transfer to another workplace

The basis for calculation of allowances for temporary incapacity of work, for shortening the working time or for the temporary transfer to another workplace shall be calculated as average monthly-earned gross incomes of the employee during the last 6 months prior to the time when the risk emerged, or of the incomes stipulated in the individual insurance contracts, respectively, based on which the contribution to the insurance against accidents at work and occupational diseases was established.

In case the contribution period is shorter than 6 months, the basic amount of calculation of the allowances for temporary incapacity of work, for shortening the working time or for the temporary transfer to another workplace shall be represented by the average of the monthly-earned gross incomes, or of the incomes stipulated in the individual insurance contracts, respectively, based on which the contribution to the insurance against accidents at work and occupational diseases was established.

In case the contribution period is shorter than one month, the basic amount of calculation of the allowances shall be represented by the monthly gross income of the first month of activity for which the contribution was established to be paid.

For the calculation of the allowances for temporary incapacity of work, for shortening the working time or for the temporary transfer to another workplace the number of working days during the month when the medical leave is taken or, as applicable, other social insurance benefits are requested, shall be used.

When establishing the number of working days during the month when the benefit for accidents at work and occupational diseases is granted, the legal provisions concerning the non-working legal holidays shall be had in view.

benefits and services for rehabilitation and professional reconversion

The benefits and services for rehabilitation and professional reconversion shall be granted by the insurer at the request of the policy holder who, although they did not completely loose their capacity of work, can no longer perform the activity for which they were qualified, as a result of an accident at work or of an occupational disease. The insurer shall take over as its duty the expense for the following benefits and services of rehabilitation and professional reconversion:

a) the expenses for the medical and psychological services for evaluating the physical, medical condition and skills in view of professional reconversion;

b) the cost of qualification or reconversion courses;

c) the payment of allowances for the duration of the qualification and reconversion courses.

The allowance for the duration of the qualification and reconversion courses shall be granted monthly and shall represent 70% of the gross basic wage of the insured person, had at the time when the accident at work or occupational disease occurred.

The allowance shall only be granted if the insured person does not benefit, for the duration of the qualification and reconversion courses, by an allowance for temporary incapacity of work or by the 3rd degree invalidity pension, granted according to the law.

The allowance for the duration of the qualification and reconversion courses shall only be granted only if the insured person complies with the provisions of the insurer regarding the following:

a) the institution where the course is going to be held;

b) the training programme;

c) the graduation modality.

allowance for temporary incapacity of work

The amount of the allowance for the temporary incapacity of work represents 80% of the average gross wage incomes earned over the last 6 months prior to the time when the risk occurred.

In case of insured mentioned Art. 33 point II (above), the amount of the allowance for temporary incapacity of work shall be 80% of the average gross wage incomes earned over the last 6 months prior to the time when the risk occurred.

The amount of the allowance for temporary incapacity of work in case of medical and surgery emergency shall be of 100% of the average gross wage incomes earned over the last 6 months prior to the time when the risk occurred.

The allowance for temporary incapacity of work in case of accident at work or professional disease shall be covered during the first 3 days of incapacity by the employer, and starting with the 4th day of incapacity, from the contribution to the insurance against accidents at work and occupational diseases.

The period of granting of the allowance for the temporary incapacity of work shall be of 180 days over one year, calculated from the first day of the medical leave.

In circumstances well-justified by the possibility of medical and professional recovery of the policy holder the general practitioner may propose to extend the medical leave over 180 days.

The physician of the insurer may decide, as applicable, to extend the medical leave for purposes of continuing the recovery programme, that the activity be resumed in the same workplace or in another workplace or he may propose an invalidity retirement.

The extension of the medical leave over 180 days shall be allowed for 90 days at the most, depending on the progression of the disease and on the results of the recovery actions, according to the procedures established by CNPP.

The allowance for temporary incapacity of work owed to the accidents at work and occupational diseases shall be granted based on the medical certificate according to the legal provisions.

In case the expert physician of the social insurance within the public pension system shall decide on the classification into a certain invalidity rank, the allowance shall be granted by the end of the month following the one when the retirement approval was granted, without exceeding the maximum duration of the medical leave, respective 90 days over 180 days maximum admissible.

allowance for the temporary transfer to another workplace and allowance for shortening the working time

The policy holder who, owing to an occupational disease or an accident at work, can no longer carry out their activity at the workplace held before the insured risk emerged may be temporarily transferred to another work place.

The allowance for the temporary transfer to another workplace shall be granted provided the monthly gross wage income earned by the policy holder at the new workplace is less than his average monthly incomes over the last 6 months, calculated as of the time when the disease was discovered.

The allowance for shortening the working time by one fourth of the normal duration, as a result of certain diseases caused by accidents at work or occupational diseases, shall be granted to the policy holder who, under these conditions, can no longer keep up with the normal working time.

The allowances provided in paragraph 2 and 3 mentioned above shall be granted at the proposal of the general practitioner and with the approval of the physician of the insurer for 90 days at the most in a calendar year, over one or more stages. The monthly amount of the allowances shall equal the difference between the average gross wage incomes earned over the last 6 months and the gross wage income earned by the policy holder at the new workplace or by shortening the normal time of work, without exceeding 25% of the basic amount of calculation.

compensations for prejudice to integrity

The policy holders who, as a consequence of the accidents at work or of occupational diseases, have permanent injuries that cause deficiencies and reduce the capacity of work with 20 - 50% shall be entitled to a compensation for prejudice to integrity.

The compensation shall be granted at the request of the rightful applicant, based on the decision of the physician of the insurer, in compliance with the conditions above mentioned.

The compensation for prejudice to integrity shall be a fixed amount in cash and shall be fully granted once without affecting the other rights or allowances to which the policy holder is entitled, and shall not be considered at the calculation amount for determining these rights.

The amount of the compensation for prejudice to integrity shall be established depending on the seriousness of the injury, within the limits of a maximum threshold of 12 gross average wages, communicated by the National Statistics Institute.

The criteria and scales based on which it is granted the compensation for prejudice to integrity shall be established by a decision of the president of NFPOSIB.

damages in case of death

In case of death of the policy holder, as a result of an accident at work or of an occupational disease, only one person shall benefit by damages in case of death, and this person may be, as applicable: the survivor spouse, child, parent, guardian, trustee, heir, under the terms of the common law, or, in its absence, the person that proves that the covered the funeral costs.

The amount of the damages in case of death shall be of 4 gross average wages, communicated by the National Statistics Institute.

The request for obtaining the damages in case of death shall be submitted at the head office of the insurer, accompanied by the acts attesting the right of the applicant, according to the Law no.346/2002, republished.

The admission or rejection of the request shall be expressed in a decision issued by insurer within 20 days as of the date of submission of application.

The decision shall be communicated in a written notification to the applicant within 5 days as of the date of its being issued.

The payment of the damages in case of death shall be carried out within 15 days as of the date of communicating the decision.

refund of expenses

The insurer shall grant refunds of expenses in the following circumstances:

a) the emergency transport, in well-justified cases, when the salvage of the victim imposes the use of other means than the usual ones;

b) the manufacturing of glasses, of the acoustic devices, of the eye prosthesis, in case they have been deteriorated as a result of an accident at work that caused body injuries;

c) in case of applying of medical devices that can be implanted by surgery in view of recovery of the organic, functional or physical caused by accidents at accidents at work and occupational diseases.

The costs covered by the insurer shall be destined to insure the recovery of the functionality of the body of the policy holder, and their quantum shall be established on an annual basis by a decision of the NFPOSIB.

Article 37

The benefit specified in Articles 34 and 36 shall, in a contingency covered, be secured at least to a person protected who was employed on the territory of the Contracting Party concerned at the time of the accident if the injury is due to accident or at the time of contracting the disease if the injury is due to a disease and, for periodical payments in respect of death of the breadwinner, to the widow and children of such person.

Article 38

The benefit specified in Articles 34 and 36 shall be granted throughout the contingency, except that, in respect of incapacity for work, the benefit need not be paid for the first three days in each case of suspension of earnings.

The jurisdiction of the insurance against accidents at work and occupational diseases shall be carried out through the social insurance sections or, as applicable, by the specialised social insurance panels, established at the level of tribunals and court of appeal, in compliance with the terms provided by the Law No. 92/1992 for judicial organisation, republished, as subsequently amended and supplemented.

In first instance the tribunals shall settle disputes regarding:

a) the manner of calculation of the contribution to the insurance against accidents at work and occupational diseases, as well as the increase or decrease of the contribution quota;

b) the registration and records of the contribution for accidents at work and occupational diseases;

c) the classification of the employer into a risk class;

d) the unjustified refusal to settle an application concerning the rights to insurance against accidents at work and occupational diseases;

e) the manner of establishing and payment of the benefits and services due to the beneficial owners of insurance against accidents at work and occupational diseases;

f) the complaints against the official reports finding the contraventions drawn up according to the Law no.346/2002, republished;

g) any other decisions of the insurer, in compliance with the provisions of the Law no.346/2002, republished.

The territorial tribunals in the jurisdiction of which the respondent has his domicile shall be the competent tribunals. In case that, by way of exception, the object of the dispute is a contestation against CNPP or against the territorial pension fund, the territorial competence shall devolve on the tribunals in the jurisdiction of which the respondent has his domicile or its office.

An appeal against the tribunal's ruling may be filed with competent court of appeal.

The provisions of the Law no.346/2002 referring to the jurisdiction of the insurance against accidents at work and occupational diseases shall be supplemented with the provisions of the Civil Procedure Code, of the Law No. 92/1992, republished, as subsequently amended and supplemented, as well as with any other provisions on this matter. The actions at law and all procedural acts relative to the disputes having as object rights and obligations of insurance against accidents at work and occupational diseases shall be exempted from the judicial stamp duty.

The undue amounts cashed as benefits and services for accidents at work and occupational diseases shall be recovered from the beneficial owners within the 3-year general status of limitation. The amounts shall be recovered from the beneficial owners based on the decision of the competent body, that represents a writ of execution. The unrecovered amounts left from the deceased beneficial owners shall no longer be pursued.

Part IX – Invalidity benefit

Article 53

Each Contracting Party for which this part of the Code is in force shall secure to the persons protected the provision of invalidity benefit in accordance with the following articles of this part.

Article 54

The contingency covered shall include inability to engage in any gainful activity, to an extent prescribed, which inability is likely to be permanent or persists after the exhaustion of sickness benefit.

The invalidity pension is awarded to the persons who have lost their work capacity either fully or partially, as a consequence of:

a) Hazardous injuries and professional diseases, according to law provisions;

b) Neoplasia, schizophrenia and AIDS;

c) Common diseases and accidents unrelated to work.

The disability pension is the benefit (category of pension) awarded by the public system of pensions when the risk of losing the entire or at least half of the working capacity occurs to a person who is/was insured to the system.

The entitlement to the disability pension, as a social insurance right, is exerted under the terms of Law no. 263 from 16th of December 2010 on the unitary system of public pensions, with its subsequent amendments and complements.

One of the basic principles of the organization and functioning of public system of pensions is the principle of compulsory contribution, according to which the legal and natural persons have the legal obligation to contribute in the public system of pensions, the social insurance rights being granted in terms of exercising the correlative obligations.

Article 55

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 way as to comply with the requirements of Article 67.

They are also entitled to receive a disability pension, pupils, students and apprentices who lost either entire or at least half of their working capacity as a consequence of hazardous injuries or occupational diseases, during and due to practical vocational training.

Persons who have lost the entire or at least half of their working capacity, as a result of participation at the Revolution on of December 1989 or in connection with the revolutionary events of 1989, are entitled to receive the disability pension under the same conditions as the persons who have suffered work accidents if they were covered by the social insurance system prior to disability occurrence.

The disability pension is a replacement income awarded as of the date when the covered risk produces.

Thus, one of the basic conditions for awarding the disability pension is the lost of the entire or at least half of a person's working capacity.

In relation to the degree of reduction of the working capacity, the disability is of:

a) First degree, characterized by total loss of the working capacity and of the self-sufficient capacity;

b) Second degree, characterized by total loss of the working capacity, and preservation of the self-sufficient capacity;

c) Third degree, characterized by loss of at least half of the working capacity, the

person still being able to perform a professional activity for at most half of the full working time.

Article 56

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.

The social insurance expert doctors assess the level of incapacity for work and issue the decisions framing invalidity degree.

The medical decision on the working capacity may be appealed within 30 days following of the notification and the appeals have to be solved within 45 days after registration.

The resolutions issued for the settlement of the appeals shall be notified within 5 days after the from the settlement.

The resolutions to the appeals of the medical decisions on working capacity may be contested to the competent court within 30 days after notification.

The undisputed medical decisions regarding the loss of working capacity are definitive.

Another condition stipulated by law for awarding the disability pension pursued the accomplishment of a certain contribution history:

The contribution history results from summing up the periods for which were due social insurance contributions to the public pension system, as well as from the periods when the persons insured based on insurance statement or social insurance contract have owed and paid social insurance contributions to the public pension system.

Thus, until the 9th August 2012, according to art. art. 73 of Law no. 263/2010 on the unitary system of public pensions, the persons who had lost their working capacity as a consequence of some regular diseases or of some accidents un-related to work were eligible for the disability pension if they have had accomplished the contribution period necessary in relation to age, according to table no. 3 from Law.

Table no. 3*

The person’s age at the date of issuing the medical decision upon working capacity	Required contribution period (years)
Up to 20 years	1
From 20 - 23 years	2
23 - 25 years	3
25 - 29 years	6
29 - 33 years	9

33 - 37 years	11
37-41 years	14
41 - 45 years	17
45 - 49 years	20
49 53 years	23
53 - 57 years	25
57- 60 years	26
Over 60 years	27

Article 57

1. The benefit specified in Article 56 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 15 years of contribution or employment, or 10 years of residence; or

b. where, in principle, all economically active persons are protected, to a person protected who has completed a qualifying period of three years 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 five years of contribution or employment; or

b. where, in principle, all economically active persons are protected, to a person protected who has completed a qualifying period of three years 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, five years of contribution, employment or 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 pension corresponding to the reduced percentage exceeds five years of contribution or employment but is less than 15 years of contribution or employment; a reduced benefit shall be payable in conformity with paragraph 2 of this article.

They were also eligible for disability pension the blind people and the persons who have had a handicap prior to obtaining the insured person status under the condition of achieving at least half of the contribution period required in table no. 3.

By <LLNK 12012 6801701701 0 56>the Decision of Constitutional Court no. 680 on 26th June 2012, published in the Official Journal no. 566 on the 9th of August 2012, it was admitted the exception of non- constitutionality of provisions under art. 73 par. (1) of Law no. 263/2010 on the unitary system of public pensions, being noticed the fact that the expression "in relation with their age, according to table no. 3" is non-constitutional.

As a consequence, starting with the 9th August 2012, the legal provisions mentioned above have been suspended and their legal effects ceased as of the 24the September 2012, if the legislator does not intervene for the amendment of appealed provisions.

Are also eligible for the disability pension , regardless of the accomplished contribution period:

- the persons who lost totally or at least half from their work capacity, as a consequence of:

a) the occupational injuries and professional diseases, in law;

b) Neoplasia,schizophrenia andSTDA;

- the person who lost totally or at least half of their work capacity as a result of occupational injuries or of professional diseases, in law conditions, the pupils, apprentices and students who lost totally of at least half of their work capacity as a consequence of occupational injuries or professional diseases produced during and as an affect of the professional;

- the persons who lost totally or at least half of their work capacity and the greatly mutilated persons as an effect of their participation to the Revolution in December 1989 or in relation with the revolutionary events in December 1989, who were enrolled in a social insurance system prior to their disability occurrence due to this events, are eligible for disability pension in the same conditions like this pension is awarded to the persons who suffered occupational injuries.

When calculating the disability pension of first and second degree, a credited insurance period is awarded, calculated as the difference between the full contribution period stipulated by law and the real contribution period accomplished up to the date of awarding the disability pension. The resulting credited period cannot exceed the contribution period which the person might have accomplished between the date of awarding the disability pension and the date of reaching retirement age, i.e. the date of meeting the eligibility criteria for the old age pension.

The disability pension may cease once the working capacity is recovered or may suffer modifications as an effect of the qualification for a disability pension of another degree, following the periodic medical re-examinations.

At standard retirement age, or reduced standard retirement age for certain legally defined categories of persons, the disability pension is changed ex officio into an old-age pension and the disability pensioner is awarded the most advantageous amount.

Amount of benefits

The disability pension is paid on a monthly basis. The amount of this pension is calculated by multiplying the average number of pension points of an insured person by the value of a pension point.

The average number of pension point of an insure is calculated as a ratio between the number of pension points resulted as a sum of annual pension points of the insured person and the number of insurance years equal with the full contribution period, in legal terms.

The annual number of pension points of an insured person is calculated by dividing to 12 of the sum of monthly number of points accomplished in the concerned calendar year.

The monthly number of pension points is calculated as a ratio between the gross wage or, according to circumstances the insured monthly income accounted as calculation basis for the social insurance contribution and the average gross wage for the concerned month, as communicated by the National institute for Statistics.

For the credited insurance periods, the law provides the amounts taken into account for calculating the monthly number of pension points of an insured person.

For the credited contribution awarded to eligible persons, the monthly number of pension points is:

a) 0.70 points for the first disability degree;

b) 0.55 points for the 2nd disability degree;

c) 0.35 points for the 3rd disability degree.

In accordance with the provisions of the Emergency Ordinance of Romanian Government no. 6/2009, since April 2009 was introduced the guaranteed minimum social pension. 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" by the phrase "social indemnity for pensioners".

The minimum social indemnity for pensioners is awarded to the pensioners in the Romanian public system, resident in Romania, regardless of the date of their retirement date, if the amount of their pension is lower than the amount of the social indemnity for pensioners.

Law no. 339/215 on the state budget for 2016 set the social indemnity for pensioners in 2016 at the level of RON 400.

Thus, in case the amount of disability pension calculated according to the formula set by the Law no. 263/2010, as amended, is lower than the level of social indemnity for pensioners, the beneficiaries shall receive a supplementary amount paid from the state budget so as to reach this level, i.e. the total amount of 400 lei.

Since the 1^st of May 2016, the minimum national gross wage guaranteed for pay was set at 1,250 RON/month, according to provision of Government Decision no. 1017/2015 upon the setting of minimum gross national wage guaranteed for pay in 2016.

June 2016

- The invalidity pension amount 400 lei;

- The net wage gained before the risk 785 lei;

- The replacement share: 350/530=0,511

b) The invalidity pension amount is adjusted with the increase of the pension point value.

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 871.70 RON.

In the situation when one of the mentioned indicators, accomplished in the previous year, has a negative value, when calculating the pension point value it is used the indicator with a positive value, and in the situation when both indicators have negative values, it is maintained the last value of the pension point.

Starting with 2021, the value of the pension point will increase annually by 100% of the inflation rate, plus 45% of the real growth of the average gross wage accomplished in the previous year. Starting with 2030, the value of the pension point will increase every year by 100% of the inflation rate in the previous year.

Article 58

The benefit specified in Articles 56 and 57 shall be granted throughout the contingency or until an old-age benefit becomes payable.

I. The pension decisions issued by the territorial houses of pensions can be appealed in 30 days, at the Central Appealing Commission.

The procedure of analyzing the appealed decision represents the prior administrative procedure, compulsory, with no jurisdictional feature.

The pension decisions which were not appealed before the deadline set by the law are final.

When the appeals are processed, the Central Appealing Commission is adopting decisions.

The decisions of the Central Appealing Commission are transmitted both to the persons concerned and the territorial houses of pensions within 5 days from the issuing date and can be contested at the competent court of law, within 30 days from the date of receipt.

The decisions of the Central Appealing Commission which are not contested at the competent courts of law before the deadline set by law remain final.

The social security jurisdiction is exerted by courts of first instance and courts of appeal.

II. The state social insurance budget concerns both the incomes and the expenditures of the public pension system.

The incomes of the state social insurance budget come from:

a) social insurance contributions, interests and late payment penalties and other incomes according to the law,

b) amounts from the state budged for balancing the state social insurance budget, which is approved by budgetary laws yearly.

The expenditures of the state social insurance budget are intended to cover the social insurance benefits paid by the public system of pensions, as well the organizational and operational costs and other expenditures stipulated by the law.

Thus, the disability pensions are paid mainly from the social insurances state budget.

The share of the pension amount corresponding to the annual average obtained by capitalizing, after the 1^st of April 2001, of each year accomplished within the former agricultural units, of each contributory year accomplished by the farmers owing an individual household in an non farming area, up to the entering into force of the Law no. 80/1992, republished, with the subsequent amendments and completions and also with the accomplished contributory periods, according to this Law, after the 29^th of July 1992 and until the 1^st of April 2001 is paid from the state budget.

The invalidity pension amount is established according to the law; the invalidity occurred due to a work accident or a professional disease is paid from the insurance for work accidents and professional diseases funds within the social insurance state budget.

Part X – Survivor’s benefit

Article 59

Each Contracting Party for which this part of the Code is in force shall secure to the persons protected the provision of survivors' benefit in accordance with the following articles of this part.

The survivor’s pension is a replacement income covering the risk of death, granted by the public pensions system to the children and to the survivor spouse of an insured person or a pensioner.

The entitlement to the survivor’s pension, as a social insurance right, is granted according to Law no. 263 from the 16th of December 2010 on the unitary system of public pensions, with the subsequent amendments and completions.

One of the basic principles for the functioning and organization of the public system of pensions is the principle of compulsory contribution, according to which the legal and the natural persons have, the obligation to pay social insurance contributions, the social insurance rights being granted in terms of exercising the correlative obligations.

Article 60

1. The contingency covered shall include the loss of support suffered by the widow or child as the result of the death of the breadwinner; in the case of a widow, the right to benefit may be made conditional on her being presumed, in accordance with national laws or regulations, to be incapable of self-support.

2. 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.

The survivor’s pension is awarded to the children and the surviving spouse if the deceased was a pensioner or was entitled to receive a pension from the public system of pensions at the time of death.

The main eligibility condition for granting this benefit is that the deceased breadwinner was a pensioner at the time of his death or eligible to receive any type of pension from the public system of pensions.

The children are entitled to a survivor’s pension:

a) unconditioned, up to the age of 16;

b) between 16 and 26 years of age, if attend some form of higher education organized according to the law, on condition of their graduation;

c) in case of disability of any degree, if the disability occurred within the age limits mentioned at letter a) or b).

The surviving spouse is entitled to a survivor’s pension:

a) permanent, after reaching the standard retirement age, if the period of marriage was at least of 15 years.

b) disregarding the age, during first or second degree invalidity, if the period of marriage was at least of 1 year.

c) disregarding the age and the duration of marriage, if both conditions are met: the breadwinner spouse’s death occurred as a cause of an accident at work or a professional disease and the survivor spouse is not gaining monthly incomes from a professional activity which assumes a mandatory insurance, or if the incomes are lower than 35% of the average gross earnings as projected for the annual state social insurance budget, i.e. 938 RON since 1 January 2016.

The surviving spouse who does not meet the conditions stipulated at letter a) and b) is entitled to receive the survivor’s pension for a 6 month period following the supporter’s death, if during this period has no income gained from a professional activity for which the insurance is mandatory or if the income is lower than 35% of the average gross earnings as projected for the annual state social insurance, i.e. 938 RON since 1 January 2016.

In case that, at the time of the death of the breadwinner, the surviving spouse has in his/her care children under 7 years of age, the survivor pension will be granted until the youngest child reaches the age of 7, but only during the periods with no income gained from any professional activity for which the insurance is mandatory and periods with a level of income lower than 35% of the average gross earnings as projected for the annual state social insurance, i.e. RON 938 since 1 January 2016.

Article 61

The persons protected shall comprise:

a. the wives and the children of breadwinners in prescribed classes of employees, which classes constitute not less than 50 per cent of all employees; or

b. the wives and the children of breadwinners in prescribed classes of the economically active population, which classes constitute not less than 20 per cent of all residents; or

c. all resident widows and resident children who have lost their breadwinner and whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67.

Article 62

The benefit shall be a periodical payment calculated as follows:

a. where the wives and children of breadwinners in classes of employees or classes of the economically active population are protected, in such manner as to comply either with the requirements of Article 65 or with the requirements of Article 66;

b. where all resident widows and resident children 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.

Survivor's pension is paid monthly. Survivor's pension is established, as appropriate, from:

1) The old-age pension, which was being paid or to which the deceased was entitled, under the law;

2) The first degree of disability pension, if the supporting person’s death occurred before meeting the eligibility conditions for an old-age pension but is eligible for any other type of pension.

The survivor's pension is determined as a percentage from the average annual score of the breadwinner deceased person, related either to the old age pension or to the 1st degree invalidity pension, previously mentioned, depending on the number of entitled descendants, as follows:

a) 50% - for one survivor;

b) 75% - for two survivors;

c) 100% - for three or more survivors.

For orphans having lost both parents, the survivor’s pension is calculated for each parent and then summed up.

For the surviving spouse who reached the standard retirement age and who’s marriage lasted between 10 and 15 years, the survivor’s pension amount is diminished by 0,5% for each month, respectively by 6% for each year of marriage shorter.

National legislation guarantees a minimum pension amount. Law no.196/2009 approved GEO No.6/2009, establishing guaranteed minimum social pension. Law no. 118/2010 replaced the phrase "guaranteed minimum social pension" by the phrase "social indemnity for pensioners".

Since 2010, the guaranteed minimum social pension 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 400 RON.

Pensioners residing in Romania who receive their pension from the public system of pensions are granted the social indemnity for pensioners if the amount of their pension (due or under payment), is below the level set for social indemnity for pensioners.

Thus, if the survivor pension calculated according to Law no. 263/2010, with the subsequent amendments and completions, results in an amount below the level of the social indemnity for pensioners, the beneficiary shall receive the rest of the amount up to this level (paid from the state budget). The social indemnity for pensioners is granted to each survivor in case multiple beneficiaries.

Since the 1st of May 2016, the guaranteed minimum gross wage at national level was set at 1,250 RON per month, according to the Government Decision no. 1017/2015 upon setting the guaranteed minimum gross wage at national level for 2016.

June 2016

- The disability pension amount 400 Lei;

- The net wage accomplished by the surviving spouse before the risk occurred 801 lei (1 person taking care);

- The replacement rate: 350/546=0,499

The survivor’s pension amount changes with the increase of the pension point value.

In the event that one of the indicators mentioned above, accomplished in the previous year, has a negative value, in determining the pension point value shall be used the positive indicator or in the situation when both indicators accomplished in the previous year, have negative values, shall be taken into account the last value of the pension point.

Starting with 2021, the pension point value will increase annually by 100% of the inflation rate plus 45% of the real growth of the average gross wage, accomplished in the previous year.

Starting with 2030, the pension point value will increase annually by 100% of the inflation rate in the previous year.

Article 63

1. The benefit specified in Article 62 shall, in a contingency covered, be secured at least:

a. to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period which may be 15 years of contribution or employment, or 10 years of residence; or

b. where, in principle, the wives and children of all economically active persons are protected, to a person protected whose breadwinner has completed a qualifying period of three years of contribution and in respect of whose breadwinner, 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 whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of five years of contribution or employment; or

b. where, in principle, the wives and children of all economically active persons are protected, to a person protected whose breadwinner has completed a qualifying period of three years of contribution and in respect of whose breadwinner, while he was of working age, half the yearly average number of contributions prescribed in accordance with paragraph 1.b of this article have 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 whose breadwinner has completed, in accordance with prescribed rules, five years of contribution, employment or 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 five years of contribution or employment but is less than 15 years of contribution or employment; a reduced benefit shall be payable in conformity with paragraph 2 of this article.

5. In order that a childless widow presumed to be incapable of self-support may be entitled to a survivor's benefit, a minimum duration of the marriage may be required.

I. The pension decisions issued by the territorial houses of pensions can be appealed within 30 days, at the Central Appealing Commission.

The procedure of analyzing the appealed decision represents the prior administrative procedure, compulsory, with no jurisdictional features.

The pension decisions which were not appealed before the deadline set by the law remain final.

When the appeals are processed, the Central Appealing Commission are taking decisions.

The decisions of the Central Appealing Commission, which are not contested at the competent courts before the deadline set by law remain final.

The jurisdiction of the social security is exerted by courts of first instance and courts of appeal.

The state social insurance budget concerns both the incomes and the expenditures of the public pension system.

The incomes of the state social insurance budget come from:

a) social insurance contributions, interests, late payment penalties and other incomes according to the law,

b) amounts from the state budged intended for balancing the state social insurance budget, which is approved by budgetary laws yearly.

The state social insurance budget expenditures are intended to cover the social insurance benefits paid by the public system of pensions, as well as the organizational and operational costs and other expenditures stipulated by the law.

The share of the pension amount corresponding to the annual average obtained by capitalizing, after the 1st of April 2001, of each year accomplished within the former agricultural units, of each contributory year accomplished by the farmers owning an individual household in a non farming area, up to the entering into force of the Law no. 80/1992, republished, with the subsequent amendments and completions and also with the accomplished contributory periods, according to this Law, after the 29th of July 1992 and until the 1st of April 2001 is paid from the state budget.

The survivor pension amount is established according to the law and is paid from the social insurance state budget.

Article 64

The benefit specified in Articles 62 and 63 shall be granted throughout the contingency.

Part XI – Standards to be complied with by periodical payments

Article 67

In the case of a periodical payment to which this article applies:

a. the rate of the benefit shall be determined according to a prescribed scale or a scale fixed by the competent public authority in conformity with prescribed rules;

b. such rate may be reduced only to the extent by which the other means of the family of the beneficiary exceed prescribed substantial amounts or substantial amounts fixed by the competent public authority in conformity with prescribed rules;

c. the total of the benefit and any other means, after deduction of the substantial amounts referred to in sub-paragraph b of this article, shall be sufficient to maintain the family of the beneficiary in health and decency, and shall be not less than the corresponding benefit calculated in accordance with the requirements of Article 66;

d. the provisions of sub-paragraph c of this article shall be deemed to be satisfied if the total amount of benefits paid under the part concerned exceeds, by at least 30 per cent, the total amount of benefits which would be obtained by applying the provisions of Article 66 and the provisions of:

i. Article 15.b for Part III;

ii. Article 27.b for Part V;

iii. Article 55.b for Part IX;

iv. Article 61.b for Part X.

According to Art.39 (1) of the Law 76/2002, 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:

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

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

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

According to para.(2) of the same Article, 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.

Article 68

A benefit to which a person protected would otherwise be entitled in compliance with any of Parts II to X of this Code may be suspended to such extent as may be prescribed:

a. as long as the person concerned is absent from the territory of the Contracting Party concerned;

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 a portion of the benefit 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 the 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.

As stipulated in Art.5 of the Methodological Norms of Law No.76/2002, approved by Government Decision No.174/2002, as amended and supplemented, by reasons non-imputable, within the meaning of Art.17 (1) of the law, is understood:

a) termination of employment under art. 56 para. (1) a), b), d), e), g) and i), art. 61 c) and d), art. 65 para. (1), Art. 95 para. (4) of Law no. 53/2003 - Labour Code, republished, with subsequent amendments;

b) termination of employment by the employer, by written notice, pursuant to art. 31 para. (3) of Law no. 53/2003, republished, with subsequent amendments;

c) termination of the employment of personal assistants for people with severe disabilities in case of death of severely disabled person, under art. 39 para. (4) of Law 448/2006 on the protection and promotion of rights of persons with disabilities, republished, as amended;

d) termination of service relations, pursuant to art. 98 para. (1) c) of Law no.188/1999 on the status of civil servants, republished, as amended and supplemented, unless the civil servant no longer satisfies the condition under Art. 54 lit. a) thereof;

e) termination of service relations pursuant to art. 98 para. (1) e) and h) and art. 99 para. (1) of Law no.188/1999, republished, with subsequent amendments;

f) termination of the contract of soldiers and volunteer military staff determined to be "unfit for military service" or of "limited aptitude" by the medical-military commissions;

g) termination of the contract of soldiers and volunteer military staff for reasons or needs of the Ministry of National Defence and the Ministry of Administration and Interior;

h) termination of the contract of soldiers and volunteer military staff who no longer meet specific conditions established by Order of the Minister of National Defence or the Minister of Administration and Interior, for the position;

i) termination of the contract of soldiers and volunteer military staff as a result of withdrawal of the security certificate specific for the class or level of information secrecy they would have access, by the competent authorities;

j) termination of the contract of soldiers and volunteer military staff upon expiration of the contract, in case it is not renewable due to reduced positions as a result of the liquidation, reorganization or displacement of the unit, as well as if one of the parties chooses not to renew the contract;

k) termination of the contract of soldiers and volunteer military staff upon meeting the service age limit set by Order of the Minister of National Defence.

Under Art.44 of the Law No.76/2002, with its subsequent changes and complements, the payment of unemployment indemnities due to the beneficiaries is stopped in the following situations:

a) from the date of taking-up employment, according to the law, for an open-ended period or for a fixed-term period longer than 12 months;

b) from the date when they earn, from legally authorised activities, a monthly income higher than the value of the reference social indicator for unemployment insurance and employment stimulation in force;

c) within 90 days from issuing the functioning authorisation for self-employed activities or the registration certificate, according to the law, if they earn a monthly income higher than the value of the reference social indicator for unemployment insurance and employment stimulation in force;

d) from the date of the unjustified refusal to take-up employment according to their training or educational background;

e) from the date of the unjustified refusal to participate in the services for employment stimulation and vocational training or at the date of dropping out of these services for reasons imputable to them;

f) if the disability retirement period exceeds 12 months;

g) from the date of meeting the conditions for old age retirement, from the date of the request for the early retirement or from the date when the disability pension becomes final;

h) from the date when the beneficiary leaves the country for more than 3 months;

i) from the date of beginning a prison sentence for a period longer than 12 months;

j) in case of the beneficiary’s decease;

k) upon expiration of the terms stipulated in art.45 para.(2), (3) and (3¹);

l) upon expiration of the terms stipulated in art.39 para.(1) and art.40 para.(1), respectively;

m) from the date of enrolling in a form of education, in the case of persons assimilated to the unemployed, under Art.17 (2) a) and b).

n) from the date from which they start activity in an elected position, or at the date they are appointed within the executive, legislative or judicial authority, during their mandate;

o) from the date of employment, under the law, under contract, for soldiers and voluntary military staff;

p) from the date of graduating from the national competition of residency on positions or jobs, according to the law;

q) from the date when they start an activity, for more than 12 months, based on a legal report, in respect of which an income is earned from copyright and related rights defined according to Art.7 (1) pt. 13¹ of Law No.571/2003, as amended and supplemented, and/or an income from contracts/agreements concluded under Law nr.287/2009 on the Civil Code, republished, as amended, hereinafter referred to as the Civil Code, or pursuant to Law No.96/2006 on the Statute of Deputies and Senators, republished, as amended and supplemented, and Law no.53/1991 on the allowances and other entitlements for Senators and Deputies, and the remuneration of the staff of the Parliament of Romania, republished, as amended and supplemented.

Under Art.45 (1) of the Law No.76/2002, with its subsequent changes and complements, the payment of unemployment indemnities due to the beneficiaries is suspended in the following situations:

a) from the date when they did not observe the obligation stipulated in Art.41 (1) a);

b) during the active military service;

c) from the date of employment, according to the law, for a fixed-term period of up to 12 months;

d) from the date an authorization is obtained to maintain the payment of unemployment benefits, upon request from the person who travels within the European Union, the European Economic Area or Switzerland to search for a job and wants to maintain the payment of the unemployment benefit, according to the law, for a period not exceeding 3 months or, as the case may be, 6 months, with the approval of the Agency for Employment located in the area of the person's domicile or residence;

e) during the period when he/she is under preventive arrest or for a prison sentence of up to 12 months;

f) from the date of disability retirement;

g) during the period of receiving the allowance for temporary loss of the working capacity, the allowance for maternal leave and the allowance for child care until the child reaches the age of 2, respectively until the child reaches the age of 3 or 7, in the case of a disabled child;

h) during the period of a temporary loss of working capacity longer than 3 days following injuries occurred during the training, retraining and upgrading courses or other types of vocational training, during and as a result of the professional training;

i) during the period of receiving severance payments, according to the law, if such payments are granted out of the unemployment insurance budget.

j) from the date of departure from the country for less than 3 months, upon request from the person, in case the unemployment benefit is not suspended under para. d);

k) from the date when they start an activity, for less than 12 months, based on a legal report, in respect of which an income is earned from copyright and related rights defined according to Art.7 (1) pt. 13¹ of Law No.571/2003, as amended and supplemented, and/or an income from contracts/agreements concluded under the Civil Code, or under Law No.96/2006, republished, as amended and supplemented, or Law no.53/1991, republished, as amended and supplemented.

Under para.(2) of the above-mentioned Article, the payment is resumed, after its suspension under the conditions provided for in para.(1) a), from the date of the application by the beneficiary, but no later than 60 calendar days since the suspension date.

As stipulated in Art.45 par.(3) of the above-mentioned law, the payment is resumed, after suspension under par. (1) b), c) and e)-i) and k) from the date of the application by the beneficiary, but no later than 30 calendar days from the end of the situation that led to the suspension.

Para.(3¹) of the same Article provides that the payment is resumed, after suspension under par. (1) d), as follows:

a) from the date of the application by the beneficiary, but no later than 3 months from the date of suspension, if the person benefits from the provisions relating to unemployment benefit under the European Union regulations on the application of social security schemes for employees, independent workers and members of their families moving within the European Union, and the measures adopted, under the law, for applying such European regulations;

b) from the date set in accordance with European Union regulations on the coordination of social security schemes, and the measures adopted, according to the law, for the application of such European regulations, but no later than 3 months from the date of suspension, if the person benefits from the provisions relating to unemployment benefit under the European Union regulations on the application of social security schemes, as well as the measures adopted by law for applying such European regulations or, as the case may be, no later than 6 months, with the approval of the Agency for Employment located in the area of the person's domicile or residence.

According to para.(3²) of the above-mentioned Article, the payment is resumed after suspension under par.(1) j) from the date of the application by the beneficiary, but no later than 3 months from the date of suspension.

According to para. (4) of the above-mentioned Article, the suspension period provided in para. (1) a) is part of the period for granting the unemployment benefit.

According to Art.45 (5) of the law, the period of suspension of the unemployment benefit during the period of granting the temporary disability allowance, provided in para. (1) g) is part of the period for granting the unemployment benefit, in case the obligation set under Article 41 (1) e) of the Law is not fulfilled.

Article 69

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 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.

Under article 5 VII of Law No.76/2002, as amended and supplemented, in the sense of this law, the unemployment indemnity is a partial compensation of the insured person's income due to job loss, or of the income of graduates of educational institutions who were unable to take-up employment.

We clarify that under Art.6 (1) of the Procedure for receiving and processing applications for jobs or unemployment indemnities, approved by Order of the President of the National Agency for Employment No.85/2002, as amended and supplemented, the local Agency for Employment or its workpoint will prepare a file containing all documents submitted in view of obtaining the unemployment benefit.

As stipulated in Art.7 of this Procedure, the local Agency for Employment or workpoint checks the documents submitted and, after clearing the application, issues to the applicant a Decision on setting or denying unemployment indemnity, using the form provided in Annex 4 to the Procedure.

We mention that under Art.2 of the Decision on setting or denying unemployment indemnity, the Decision may be contested within 30 days following notification, with the competent court of law.

We mention that, according to Art.19 of the Procedure, in the situations mentioned in Articles 44 and 45 of Law No.76/2002, as amended and supplemented, respectively the termination/suspension/reinstatement of payment of the unemployment indemnity, a Decision will be issued for the termination/suspension/reinstatement of payment of the unemployment indemnity, using the form provided in Annex 8 to the Procedure.

As stipulated in Art.2 of the Decision on termination/suspension/reinstatement of payment of the unemployment indemnity, the Decision may be contested within 30 days following notification, with the competent court of law.

Under the provisions of Art.119 (1) of the Law No.76/2002, with its subsequent amendments, any disputes arising from the application of this law shall be settled by the competent courts, under the law.

As stipulated in para.(2) of the same Article, the disputes concerning the setting and payment of unemployment indemnities shall be resolved urgently, according to the procedural rules for conflicts of rights, even if a special law provides otherwise.

Under Art.269 (1) of Law No.53/2003 - Labour Code, republished, with its subsequent modifications, labour disputes are tried by courts of law, established by law.

Pursuant to para. (2) of the Article invoked, the claims concerning the causes mentioned in para. (1) shall be addressed to the competent court located within the region of the applicant's domicile or residence or, as the case may be, its headquarters.

In accordance with Art.95 (1) of Law No.134/2010 on the Civil Procedure Code, republished, with its subsequent amendments, the tribunals are judging, in the first instance, all claims that are not entrusted by law to other courts.

Also, we mention that according to the provisions of Art.13 (1) and (2) of the above-mentioned law, the right to defense is guaranteed, and the parties are entitled, throughout the trial, to be represented or, if applicable, assisted under the law.

As concerns the information requested at point 4 of the National Report

a. Regarding the information requested in a), we point out that the information in Section 6 concerning the provisions of Article 69 of the European Social Security Code may be considered.

b. With respect to the information required under b), we note that:

Under the provisions of Art.33 (1) of Law No.76/2002, as amended and supplemented, the payment of unemployment indemnities are done from the financial sources set-up under the Unemployment Insurance Fund.

According to the express provisions of Art.24 (1) of the above-mentioned law, the income of the Unemployment Insurance Fund consists of:

a) contributions by the employers and legal persons assimilated to employers, where the persons mandatory insured under the unemployment insurance system perform their activity, under the law;

b) individual contributions by persons mandatory insured under the unemployment insurance system perform their activity, under the law;

c) contributions due to the Unemployment Insurance Fund by the persons who conclude unemployment insurance contracts;

d) revenues from other sources, including foreign funding.

c. With respect to the information required under c), we note that:

Pursuant to Art.1 (1) and (2) and Art. 6 of Law No.202/2006 on the organization and functioning of the National Agency for Employment, republished, as amended and supplemented, the National Agency for Employment is a public institution with legal personality, under the authority of the Ministry of Labour, Family, Social Protection and the Elderly, organized and operating under the principle of tripartitism, which has, among others, the following attributions:

· ensures the implementation of employment policies worked-out by the Ministry of Labour, Family, Social Protection and the Elderly, in order to align with the European Employment Strategy;

· monitors and ensures uniform application of the legislation in its field of competence;

· organizes, provides and finances services to prevent unemployment and stimulate employment, consistent with the employment strategies and policies and the trends manifested on the domestic labour market;

· administers the Unemployment Insurance Fund and presents to the Ministry of Labour, Family, Social Protection and the Elderly its budget execution report;

· organizes and provides services for establishing, payment and registration of the cash entitlements paid out of the Unemployment Insurance Fund.

According to Art.12 of the above-mentioned law, the National Agency for Employment is led by a Governing Board consisting of representatives of the government, trade unions and employers' organisations with nationwide representation, consisting of 15 members as follows: 5 members representing the government, appointed by the Prime Minister; 5 members appointed by consensus by the nationally representative trade union confederations and five members appointed by consensus by the nationally representative employers' confederations.