Government Production Team

Parts of the Consolidated Report

Government department and official responsible for updates

Contact information

General questions. Parts I, XII and XIII

Part II

Part III

Part IV

Part V

Part VII

Part VIII

Part XI

Consolidated Report on the application by Romania of ILO Conventions Nos 24, 102, 168, 183 & the European Code of Social Security, 2018Consolidated Report on the application by Romania of ILO Conventions Nos 24, 102, 168, 183 & the European Code of Social Security, 2019

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

·         Sickness Insurance (Industry) Convention, 1927 (No. 24)

·         Social Security (Minimum Standards) Convention, 1952 (No.102)

·         Employment Promotion and Protection against Unemployment Convention, 1988 (No.168)

·         Maternity Protection Convention, 2000 (No.183)

·         European Code of Social Security

Additional information compiled from the following sources:

·       Biennial Report for the period from 1st July 2014 to 30th 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

·       Database of the MISSOC

·       The official website of the National Health Insurance House

Ø  Please enter any modifications or new information using TRACK CHANGES function in MICROSOFT WORD.

Ø  Where the text of the corresponding provisions of the ECSS and C102 has the same wording, the wording of C102 is taken as the basis, with eventual changes in the ECSS reproduced in brackets.

Ø  Questions of the Report Form on the European Code of Social Security (ECSS) or on ILO Conventions (e.g. RF/C102) for which information is lacking are reproduced in a box below the respective provisions.

Ø  Replies to pending questions raised by the CEACR may be provided in a box below the CEACR comments.

Summary table

Category

Information available

Information missing / questions raised by the CEACR

Part II. Medical Care

II-1. Regulatory framework

Art.7 C102/ECSS

II-2. Contingencies covered

Art.8 C102/ECSS

II-3. Persons protected

Art.9 C102/ECSS *

II-4. Types of benefits

Art.10(1) C102/ECSS

II-5. Cost-sharing

Art.10(2) C102/ECSS

Art.4,5 C24

II-6. Objectives of Medical Care

Art.10(3) C102/ECSS

II-7. Promotion of the general health service

Art.10(4) C102/ECSS

II-8. Qualifying period

Art.11 C102/ECSS

II-9. Minimum duration of benefit

Art.12 C102/ECSS

II-10. Suspension of benefit

Art.69 C102, Art.68 ECSS

II-11. Right of complaint and appeal

Art.70 C102

Art. 69 ECSS

II-12. Financing and Administration

Art.72 C102, Art.71 ECSS

Art.71 C102, Art.70 ECSS*

Part III. Sickness Benefit

III-1. Regulatory framework

Art.13 C102/ECSS

Art.1 C24

III-2. Contingencies covered

Art.14 C102/ECSS

III-3. Persons protected

Art.15 C102/ECSS*

Art.2(1) C24

III-4. Level and Calculation of benefit

Art.16 C102/ECSS*

III-5. Qualifying period

Art.17 C102/ECSS,

Art.3(2) C24

III-6. Minimum duration of benefit

Art.18 C102/ECSS

Art.3(1,2) C24

III-7. Suspension of benefit

Art.69 C102, Art.68 ECSS

Art.3(3,4) C24

III-8. Right of complaint and appeal

Art.70 C102, Art.69 ECSS

Art.9 C24

III-9. Financing and Administration

     Art.72 C102, Art.71 ECSS

Art.71 C102, Art.70 ECSS*

Art.6,7 C24

Part IV. Unemployment Benefit

IV-1. Regulatory framework

IV-2. Contingency covered

Art.10 C168

IV-3. Persons Protected

Art.11 C168*

IV - 4. Method of protection (explanatory clause)

Art.12,13 C168

IV-5. Level and Calculation of Benefit

Art.14 C168

Art.15,16 C168*

IV-6. Qualifying period

Art.17(1) C168

Art.17(2) C168

IV-7. Waiting period

Art.18 C168

IV-8. Minimum duration of Benefit

Art.19 C168

IV - 9. Provisions of Medical Care to unemployed

Art.23 C168

IV – 10. Acquisition of the right to other benefits

Art.24 C168

IV – 11. Adjustment of scheme to part-time workers

Art.25 C168

IV – 12. Special provisions for new applicants for employment

Art.26 C168

IV - 13. Promotion of productive employment

Art.7,8 C168

IV-14. Suspension of Benefit

Art.21 C168

IV-15. Right of complaint and appeal

Art.27(1) C168

Art.27(2) C168

IV-16. Financing and Administration

Art.28 C168

Art.29,30 C168

Part V. Old-Age Benefit

V-1. Regulatory framework

Art.25 C102/ECSS

V-2. Contingency covered

Art.26 C102/ECSS

V-3. Persons protected

Art.27 C102/ECSS*

V-4. Level and calculation of benefit

Art.28 C102/ECSS*

V-5. Adjustment of benefit

Art.65(10),66(8) C102/ECSS*

V-6. Qualifying period

Art.29 C102/ECSS

V-7. Duration of benefit

Art.30 C102/ECSS

V-8. Suspension of benefit

Art.69 C102, Art.68 ECSS

V-9. Right of complaint and appeal

Art.70 C102, Art.69 ECSS

V-10. Financing and Administration

Art 72 C102, Art. 71 ECSS

Art.71 C102, Art.70 ECSS*

Part VII. Family Benefit

VII-1. Regulatory framework

Art.39 C102/ECSS

VII-2. Contingency covered

Art.40 C102/ECSS

VII-3. Persons protected

Art.41 C102/ECSS*

VII-4. Types of benefits

Art.42  C102/ECSS

VII-5. Qualifying period

Art.43  C102/ECSS

VII-6. Level and Calculation of benefit

Art.44  C102/ECSS*

VII-7. Duration of benefit

Art.45 C102/ECSS

VII-8. Suspension of benefit

Art.69 C102, Art.68 ECSS

VII-9. Right of complaint and appeal

Art.70 C102, Art.69 ECSS

VII-10. Financing and Administration

Art.71,72 C102

Art.70,71 ECSS

Part VIII. Maternity Benefit

VIII - 1. Regulatory framework

Art.46 C102/ECSS

Art.6 (1) C183

VIII - 2. Contingency covered

Art.47 C102/ECSS

VIII - 3. Persons protected

Art.48 C102/ECSS*

Art.6(5) C183

VIII - 4. Medical Care

Art.49 C102/ECSS

Art.6(7) C183

VIII - 5. Level and Calculation of benefit

Art.50 C102/ECSS*

Art.6(2-4,6) C183

VIII - 6. Qualifying period

Art.51 C102/ECSS

VIII - 7. Minimum duration of benefit

Art.52 C102/ECSS

VIII - 8. Suspension of benefit

Art.69 C102

Art.68 ECSS

VIII - 9. Right of complaint and appeal

Art.70 C102, Art.69 ECSS

VIII - 10. Financing and Administration

Art.72 C102, Art.71 ECSS

Art.6(8) C183

Art.71 C102, Art.70 ECSS*

Part XI. Standards to be complied with by periodical payments

Art.65,66 C102/ECSS

Art.14-16 C168

2018 CEACR’s conclusions

Part XII. Equality of treatment of non-national residents

Art.68 C102

Part XIII. Commonm provisions

XIII - 3. Financing and Administration

Art 72 C102, Art. 71 ECSS

Art.71 C102, Art.70 ECSS*

* Please update statistical data, in accordance with the Report form for C102/ECSS/C168.

Part I. General provisions

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

§  Articles 1-6 C102

§  Articles 1-6 ECSS

§  Articles 1-6 C168

§  Articles 1-2, 7 C183


Part II. Medical Care

Romania has accepted the obligations resulting from C24, Part II of C102 and Part II of the ECSS.

Category

Information available

Information missing / questions raised by the CEACR

II-1. Regulatory framework

Art.7 C102/ECSS

II-2. Contingencies covered

Art.8 C102/ECSS

II-3. Persons protected

Art.9 C102/ECSS*

II-4. Types of benefits

Art.10(1) C102/ECSS

II-5. Cost-sharing

Art.10(2) C102/ECSS

Art.4,5 C24

II-6. Objectives of Medical Care

Art.10(3) C102/ECSS

II-7. Promotion of the general health service

Art.10(4) C102/ECSS

II-8. Qualifying period

Art.11 C102/ECSS

II-9. Minimum duration of benefit

Art.12 C102/ECSS

II-10. Suspension of benefit

Art.69 C102

Art.68 ECSS

II-11. Right of complaint and appeal

Art.70 C102

       Art. 69 ECSS

II-12. Financing and Administration

Art.72 C102

Art.71 ECSS

Art.71 C102

Art.70 ECSS*

* Please update statistical data, in accordance with the Report form for C102/ECSS.

List of applicable legislation

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

·         Government Decision No 161/2016 approving services packages and The Framework Agreement for regulationg the conditions for providing medical asistance, medicines and medical devices in the social health insurance system for 2016 – 2017, as further completed and amended with effect until 31 March 2018 (Part II – Medical care)Joint Order No 196/139/2017  of the Minister of Health and NHIH President approving the Methodological Norms for year 2017 of the Government Decision No 161/2016 approving services packages and The Framework Agreement for regulationg the conditions for providing medical asistance, medicines and medical devices in the social health insurance system for 2016 – 2017, as further completed and amended with effect until 31 March 2018 (Part II – Medical care)

·         Governmental Decision No 140/2018 approving services packages and The Framework Agreement for regulationg the conditions for providing medical asistance, medicines and medical devices in the social health insurance system for 2018 – 2019, as further completed and amended, with effect from 1 April 2018 until 31 December 2020; (Part II – Medical care)

·         Joint Order No. 397/836/2018 of the Minister of Health and NHIH President approving the Methodological Norms for the application in 2018 of the Government Decision no. 140/2018 for the approval of service packages and the framework contract governing the conditions for the provision of medical care, medicines and medical devices within the health insurance system for the years 2018 - 2019, as further completed and amended, applicable from 1 April 2018 until 31 December 2020(Part II – Medical care)

·         Order of the President of the National Health Insurance House No. 581/2014 on the approval of the methodological regulations related to the establishment of the documents in proof required to acquire the quality of insured person (initial form published in the Official Gazette no. 685, dated September 19th, 2014), with effect until 5 December 2018  (Part II – Medical care);

·         Order of the President of the National Health Insurance House No. 1549/2018 on the approval of the methodological Normes for for establishing the supporting documents regarding the acquisition of the quality of insured (initial form published in the Official Gazette no. 1036 dated December 6th 2018), applied since December 6th 2018 (Partea II – Medical care);

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

·        Order of the President of the National Health Insurance House No 803/2016 on the approval of the methodology to establish the reference prices and lease amounts corresponding to the medical device classes and types intended to the outpatient recovery of organic or functional disabilities,  within the health insurance system, applicable from 30 June 2018 (Part II – Medical care);

·        Order of the President of the National Health Insurance House No. 1081/2018 2016 on the approval of the methodology to establish the reference prices and lease amounts corresponding to the medical device classes and types intended to the outpatient recovery of organic or functional disabilities,  within the health insurance system (initial form published in the Official Gazette no 535 dated June 28th 2018), applied since July 1th 2018 (Partea II – Medical care);

II – 1. Regulatory framework

Article 7. C102 and ECSS

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

Database of the MISSOC:

Basic principles.

Compulsory social insurance scheme for all inhabitants financed mainly by contributions. Benefits-in-kind system.

Insured people benefit from a basic package of medical services.

Uninsured people benefit from a minimal package of medical services.

II - 2. Contingencies covered

Article 8. C102 and ECSS

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

II - 3. Persons protected

Article 9. C102 and ECSS

The persons protected shall comprise:

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

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

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

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

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

                

ART. 222

(1) According to the present law, the insured persons are:

   a) all Romanian citizens domiciled or residing in the country; 

  b) foreign citizens and stateless persons who have applied for and have obtained the right to temporary stay or have their domicile in Romania;

   c) citizens of EU Member States, EEA and Swiss Confederation who do not have insurance in another Member State that has effect in Romania, who have applied for and obtained the right of residence in Romania for a period of more than 3 months; 

  d) persons from EU Member States, EEA and Swiss Confederations fulfilling the conditions of a frontier worker, meaning who are employed or self-employed in Romania and who reside in another Member State in which they return usually daily or at least once a week ; 

  e) pensioners in the public pension system who are no longer domiciled in Romania and who establish their residence in the territory of an EU Member State, of a state belonging to the EEA or of the Swiss Confederation, respectively domiciled in the territory of a state with which Romania applies an agreement bilateral social security with provisions for sickness-maternity insurance.   

(2) In the case of the persons mentioned in par. (1) falling within the category of those who make the incomes provided under art. 155 par. (1) lit. a) of Law no. 227/2015, as subsequently supplemented or amended, the quality of insured in the social health insurance system and the right to the basic package is granted from the date of initiation of the work / service relationship.

(3) The persons referred to in paragraph (1) falling within the category of those who make the incomes provided under art. 155 par. (1) lit. b) - h), as well as for the ones stipulated in art. 180 of Law no. 227/2015, as subsequently supplemented or amended, acquire the quality of insured in the social health insurance system and have the right to the basic package from the date of filing the declaration, stipulated in art. 147 par. (1) or art. 174 par. (3) of the Law no. 227/2015, as subsequently supplemented or amended, as the case may be.

 (4) For the persons mentioned in par. (1) who fall within the category of those who have the status of taxpayers to the social health insurance system, according to the Law no. 227/2015, as subsequently supplemented or amended and which did not pay the contribution to the fund within the time limits provided by the same law, the outstanding amounts are recovered by A.N.A.F. in accordance with the law, including fiscal tax liabilities due for tax receivables.

(5) The insured and the insurance rights cease:  

  a) for the persons referred to in paragraph (1) lit. a) with the loss of the right of domicile or residence in Romania, as well as under the conditions of art. 267 par. (2) - (2 ^ 2), as the case may be;  

  b) for the persons mentioned in par. (1) lit. b) with the loss of the right of residence in Romania, as well as under the conditions of art. 267 par. (2) - (2 ^ 2), as the case may be;     c) for the persons referred to in par. (1) lit. c) with the loss of the right of residence in Romania, for a period of more than 3 months, as well as under the conditions of art. 267 par. (2) - (2 ^ 2), as the case may be; 

   d) for the persons mentioned in par. (1) lit. d), together with the loss of the status of frontier worker, and under the conditions of art. 267 par. (2) and (2 ^ 2) as appropriate. 

   (6) The supporting documents regarding the acquisition of the quality of the insured shall be established by an order of the CNAS president.

Article 267

 (2) For the persons who realize the incomes stipulated in art. 155 par. (1) lit. a) of Law no. 227/2015, as subsequently amended and supplemented, the quality of the insured shall cease within 3 months from the date of termination of the employment / service relationship.  

 (2 ^ 1) For the categories of persons insured without payment of the contribution provided under art. 224 par. (1), the quality of the insured shall cease within 1 month from the date when the persons no longer belong to these categories of insured persons.    (2 ^ 2) For the persons who realize the incomes provided under art. 155 par. (1) lit. b) - h), as well as for the persons referred to in art. 180 par. (1) lit. a) of Law no. 227/2015, with the subsequent amendments and completions, the quality of the insured shall cease on the date when the legal term of filing of the declaration, stipulated in art. 174 par. (3) of the Law no. 227/2015, with subsequent amendments and completions, unless they submit a new declaration for the next period. 

  (2 ^ 3) For the persons referred to in art. 180 par. (1) lit. b) and c) of Law no. 227/2015, as subsequently amended and supplemented, the quality of the insured shall expire at the expiration of 12 months from the date of filing the declaration provided in art. 174 par. (3) of the same law if they do not file a new statement for the next period.    (2 ^ 4) After the expiry of the periods provided for in paragraph (2) - (2 ^ 3), for persons who do not prove the quality of insured, the provisions of art. 232, in the sense that they only benefit from the minimal package of medical services.

Art. 268(5) Foreigners benefiting from a form of protection according to Law no. 122/2006 on asylum in Romania, with subsequent amendments and completions, acquire the quality of insured in the social health insurance system as follows:    

a) from the date of starting the labor / service relations, in the case of natural persons who realize incomes from the category of those provided in art. 155 para. (1) lit. a) of Law no. 227/2015, with subsequent amendments and completions;  

  b) from the date of submitting the declaration, in the case of the natural persons who realize the incomes provided in art. 155 para. (1) lit. b) - h), as well as in the case of the persons provided in art. 180 of Law no. 227/2015, with subsequent amendments and completions

  

ART. 224*)

(1) The following categories of persons benefit from the insurance, without payment of the contribution, under the conditions of art. 154 of Law no. 227/2015, as subsequently supplemented or amended:

a) children up to the age of 18, young people from 18 years up to the age of 26, if they are students, including high school graduates, until the beginning of the academic year, but not more than 3 months after the completion of the studies, apprentices or students, doctoral students under the doctoral studies contract, within 4-6 conventional teaching hours per week as well as those who follow the individual training module based on their request to become soldiers or professional graduates; 

b) young people under the age of 26 coming from the child protection system;

(c) the spouse, the spouse and the parents without own income, who are dependent on an insured person;  

d) persons whose rights are established by Decree-Law no. 118/1990 regarding the granting of rights to persons persecuted for political reasons by the dictatorship established from March 6, 1945, as well as to those deported abroad or constituted in prisoners, republished, as subsequently supplemented or amended, by Law no. 51/1993 on the granting of certain rights to magistrates who have been removed from justice for political reasons during the years 1945-1989, as subsequently supplemented or amended, by Government Ordinance no. 105/1999 regarding the granting of certain rights to the persons persecuted by the regimes established in Romania from September 6, 1940 to March 6, 1945 for ethnic reasons, approved with amendments and completions by Law no. 189/2000, as subsequently supplemented or amended, by Law no. 44/1994 on war veterans, as well as some rights of invalids and widowers of war, republished, as subsequently supplemented or amended, by Law no. 309/2002 on the recognition and granting of rights for the persons who performed the military service in the General Department of the Labor Service between 1950 and 1961, as subsequently supplemented or amended, as well as the persons stipulated in art. 3 par. (1) lit. b) point 1 of the Law of Gratitude for the Victory of the Romanian Revolution of December 1989, for the anticommunist workers 'revolt in Braşov in November 1987 and for the anticommunist workers' revolt in the Jiu Valley - Lupeni - August 1977 no. 341/2004, as subsequently supplemented or amended, for the monetary rights granted by these laws;

e) persons with disabilities, for the incomes obtained under Law no. 448/2006 on the protection and promotion of the rights of disabled persons, republished, as subsequently supplemented or amended;  

 f) patients with diseases included in the national health programs established by the Ministry of Health, until the healing of the respective condition;

  g) Pregnant women and women lately confined; 

  h) natural persons who are on sick leave for temporary incapacity for work due to accidents at work or occupational diseases, as well as those who are on medical leave granted according to the Government Emergency Ordinance no. 158/2005 on sickness leave and indemnities, approved with amendments and completions by Law no. 399/2006, as subsequently supplemented or amended;

   i) persons who are on leave, according to the Law no. 273/2004 on adoption procedure, republished, on parental leave according to the Government Emergency Ordinance no. 111/2010 on parental leave and indemnity, approved with amendments by Law no. 132/2011, as subsequently supplemented or amended;  

j) persons who execute a custodial sentence or are under preventive arrest in the penitentiary units, as well as the persons who are in the process of carrying out a measure of education or security deprivation of liberty, namely persons who are in the period of postponement or interruption the execution of the custodial sentence;

    k) persons receiving unemployment benefit or, as the case may be, other social protection rights provided from the unemployment insurance budget, according to the law; 

  l) detained, arrested or detained persons in pre-trial detention and detention centers, aliens in accommodation centers for return or expulsion, and those who are victims of trafficking in human beings who are in the process of establishing identity and are housed in specially arranged centers according to the law; 

  m) natural persons benefiting from social aid according to the Law no. 416/2001 on the minimum guaranteed income, as subsequently supplemented or amended; 

  n) natural persons who have the status of pensioners, pension revenues, and income from intellectual property rights; 

  o) Romanian citizens who are victims of trafficking in human beings for a maximum of 12 months; 

  p) the monastic staff of the recognized denominations, in the records of the State Secretariat for Cults;

   q) volunteers who work under voluntary emergency services under the Voluntary Contract during their participation in emergency interventions or training to participate in them, in accordance with Government Ordinance no. 88/2001 on the establishment, organization and functioning of community public services for emergency situations, approved with amendments and completions by Law no. 363/2002, as subsequently supplemented or amended.

    (1 ^ 1) Persons who have acquired the quality of insured under para. (1) lit. c) and q) can not themselves be co-insured.   

 (2) The categories of persons not provided in par. (1) have the obligation to ensure, according to the present law, and to pay the contribution to health insurance under the conditions of Law no. 227/2015, as subsequently supplemented or amended.

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

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

       31

Dec.20182019

       31 March 20192020

Total number of insured persons registered on the lists of family doctors (taking advantage of the basic medical package)

17.551.61918.405.356

 

17.599.14518.346.276

The total number of uninsured persons, persons registered on family doctors’ lists (taking advantage of the minimum package of medical services)

3.812.8864.281.523

3.440.9914.296.126

The total number of people taking advantage of medical services packages registered on family doctors’ lists

21.364.50522.686.879

21.040.13622.642.402

The population of Romania (according to the National Statistics Institute[1])

22.242.738 19 405,000

(resident population)

22.242.738

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

- all the children up to the age of 18;

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

31 Dec. 20182019

31 March 20192020

Number of children up to the age of 18

3.670.1143.697.254

3.694.938

Number of insured persons belonging to the category of spouse and parents with no income, depndent on an insured person

664.279763.775

614.090766.972

II - 4. Types of Benefit

§1. Article 10. C102 and ECSS

The benefit shall include at least:

(a) in case of a morbid condition,

(i) general practitioner care, including domiciliary visiting;

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

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

(iv) hospitalisation where necessary; and

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

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

(ii) hospitalisation where necessary.

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

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

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

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

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

-          to take advantage of emergency medical services;

-          to take advantage of several dental care services;

-          to take advantage of physical therapy and recovery treatment;

-          to take advantage of the medical devices;

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

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

The service packages granted on various medical care levels within the health insurance system are foreseen by the Order no 196/139/2017 (applicable from 1 April 2018 until 31 December 2019) and Order no 397/839/2018 (applicable from 1 April 2018) and Government Decision no 140/2018 (applicable from 1 April 2018 until 31 December 2019).  

 For persons not proving the payment of the contribution to the Unique National Health Insurance Fund, medical care related to the minimum medical services package is provided, which contains health care services, medicines and medical supplies only in the case of medical and surgical emergencies and endemic epileptic diseases, monitoring of pregnancy and confinement, family planning services, prevention and community health care services, as:

-          primary medical assistance;

-          clinical specialized outpatient medical assistance;

-          dental outpatient assistance;

-          hospitalized medical assistance.

By Government Emergency Ordinance no. 18/2018 of 15 March 2018 regarding the adoption of fiscal-budgetary measures and for the modification and completion of some normative acts published in the Official Gazette of Romania no. 260 of 23 March 2018 was regulated as for the persons referred to in art. 222  par. (1) who fall within the category of those who have the status of taxpayers to the social health insurance system, according to the Law no. 227/2015, as subsequently amended and supplemented and which did not pay the contribution to the fund within the time limits provided by the same law, the outstanding amounts are recovered by A.N.A.F. under the terms of the law, including tax deductions due for tax receivables.

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

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

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

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

The basic medical services package contains:

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

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

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

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

·      Illness evolution monitoring;

·      Continued therapy;

·      Screening of complications;

·      Training of the insured person on self-care;

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

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

        -      The patient monitoring.

II.    Preventive and prophylactic medical services

1. Preventive consultations are periodic active consultations for people aged 0-18 on growth and development, nutrition status and nutritional practices, detection and consequent intervention for age / gender specific risks, preventive services for children on age and gender groups,

2. Monitoring the evolution of pregnancy and lice: (see Part VIII, Article 49)

3. Individual risk assessment for the asymptomatic adult - Active family doctor consultations are actively advised to adults in the general population - no signs of disease,

4. Surveillance and detection of diseases with endemic-epidemic potential,

5. Family planning services:

a) women's counseling on family planning;

b) indicating a contraceptive method for people at risk.

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

IV.   Additional medical services represent services provided on an optional basis in the medical practices of the family physicians, exclusively to the insured individuals on their lists. These services are:

·      Between July 1st 2018  2019  and June 30st 2019 2020 - general ultrasound – abdomen and pelvis

           

V.    The support activities are represented by releasing the following documents:  

- -  for the period July 1st 2018  2019  and June 30st 20192020: sick leave; sending tickets; medical prescriptions; medical certificates for children in case of illness; medical documents necessary for the children for whom a special protection measure has been established, according to the law; medical certificates for enrollment in the college - issued at the annual examination of the preschool and pupils' balance sheet and only on enrollment in each educational cycle and epidemiological opinions for (re) entry into the collectivity, according to the Order of the Minister of Education, Research, Youth and Sport, Minister of Health no. 5298/1668/2011 for the approval of the Methodology for examining the health status of preschoolers and pupils in authorized and accredited state and private education establishments, regarding the provision of free medical care and the promotion of a healthy lifestyle, as subsequently amended and supplemented; medical certificate of death, as a result of the examination for the determination of death, except for suspected cases requiring medical forensic expertise, according to the Order of the Minister of Justice and Minister of Health no. 1134 / C-255/2000 for the approval of the Procedural Norms on the conduct of expert opinions, findings and other forensic work; the synthetic medical record required for children with disabilities for grading and re-evaluation in grade of disability, according to the Order of the Minister of Labor, Family, Social Protection and the Elderly, Minister of Health and Minister of National Education no. 1985/1305/5805/2016 regarding the approval of the methodology for the evaluation and the integrated intervention in order to accommodate disabled children with disabilities, the school and professional orientation of the children with special educational needs, as well as for the empowerment and rehabilitation of children with disabilities and / or special educational requirements; employment certificates for unemployed beneficiaries of the basic package.

VI.  Services of drug administration:

- - for the period July 1st 2018  2019  and June 30st 2019 2020 - -intramuscularly, subcutaneously, intradermally, intravenously or infusions, as appropriate, for medications recommended by family doctors as a result of their own medical treatment, are given to policyholders on their family doctor's list during their cabinet work.

b. administration of the DOT for the confirmed TB patient is given to the insured on the family doctor's list, during the working hours in the cabinet, in compliance with the provisions of the Order of the Minister of Health no. 6/2018 amending and supplementing the Order of the Minister of Health 1171/2015 for the approval of the Methodological Guide for the implementation of the National Program for Tuberculosis Prevention, Supervision and Control.

        ii)  Specialized medical assistance in ambulatory clinical is provided by specialized physicians with other specialized medical personnel and other personnel categories, as well as with the authorized and certified personnel, as applicable, to provide health care services related to the medical practice and for acupuncture by physicians obtaining competencies / complementary studies certificate for acupuncture.

Starting April 1, 2018, the outpatient palliative care services were introduced into the basic package, which is provided to doctors who have obtained competency / attestation of complementary palliative care studies certified by the Ministry of Health and who work exclusively in this activity, and concludes a contract with the health insurance houses based on the complementary study certificate / certificate.

The basic medical services package includes:

Medical services for medical-surgical emergencies:

1.        Consults for acute / sub-acute illnesses and acute exacerbation of chronic illnesses

2.       Consults for chronic illnesses

3.       Consults for the identification of potentially endemic-epidemic illnesses

Consults for granting the family planning services

4.Diagnostic services (simple diagnostic procedure, complex and complex complexity) and therapeutic services / surgical and medical treatments, psychiatric therapies and genetic counseling,

5. Health services related to the medical act may be the subject of contracts concluded by health insurance houses with specialized doctors; these are provided by psychologists, speech therapists and kinetotherapists.

6. Pregnancy and confinement surveillance services (see Part VIII, Article 49)

7.  Starting April 1, 2018 - Outpatient Palliative Care

8. Starting April 1, 2018 - Medical services with diagnostic – case purpose; these services are day-care services and are given in outpatient clinic specialty.

        119. Acupuncture - treatment consultations and treatment.

Exempts from the obligation to present the medical sending note are the urgency and illnesses that allow direct presentation to the specialized outpatient clinic for the clinical specialties provided in Annex 13 of the Order no. 196/139/2017 and in Annex 13 to Order no. 397/836/2018, family planning services, as well as medical services for diagnostic- case purposes.

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

The basic medical services package includes consults and treatment cures.

The consult at the specialized physician in outpatient clinic and specialized outpatient clinic for medical recovery is carried out based on the referral from the family physician or another specialized physician, only if the insured individual had an initial referral released by the family physician where he/she is registered and only if the referring physician has a contract concluded with the health insurance house.

Exempts from the obligation to present the medical sending note are the urgency and illnesses that allow direct presentation to the specialized outpatient clinic for the clinical specialties provided in Annex 13 of the Order no. 196/139/2017 and in Annex 13 to Order no. 397/836/2018, family planning services, as well as medical services for diagnostic- case purposes.

The dental medical assistance is provided by dental doctors and dentists together other medical-sanitary specialized staff and other categories of staff. The basic medical services package includes dental treatment services.  

For providing dental medical services not referral document is required.

The basic ambulatory/outpatient specialist care assistance services package for paraclinical specializations  includes:

1. Paraclinical investigations and laboratory analyses:

§   Hematology;

§   Biochemistry – seric and urinary;

§   Microbiology;

§   Imunology;

§   Testing of the sensitivity to antimicrobial and antifungal substances;

§   Hystopathological and cytological examinations.

                            

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

§   Radiology – Medical imagistic:

§   Ionizing radiation based investigations

§   Non-irradiating based investigations

§   High-performance investigations

§   Functional examinations

§   Nuclear medicine.

- for the period July 1st 2018  2019  and June 30st 2019 2020

Radiological paraclinical investigations: medical imagistic, nuclear medical investigations

§   Radiology – Medical imagistic:

·         Ionizing radiation based investigations

·         Non-irradiating based investigations

·         High-performance investigations

§   Nuclear medicine.

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

The basic services package for home medical care includes: measuring physiological parameters; medication administration; urinary tract catheterism, urinary tract care; artificial feeding / passive feeding / parenteral nutrition; eviscerating closure; vaginal scrubbing; therapeutic maneuvers; wound / escare / stoma / fistula / drain tube / tracheal cannula care; applying plexus, basin, urinary condom, urine absorption aid; non-invasive ventilation; kinetotherapy.

The basic package of palliative care services at home includes (as of 1 April 2018):

1. Medical services performed by a physician or under the supervision of a physician: holistic evaluation, stage palliative diagnosis, communication, care plan, education and counseling of the patient and family in the care plan, patient and family support in therapeutic and decision making care, diagnostic and therapeutic maneuvers, medication prescription, application and monitoring of pharmacological and non-pharmacological treatment suitable for symptom management, support activities;

2. Care services provided by the nurse: care needs assessment, patient monitoring - vital, vegetative, escape, lymphedema, stomach, excretory tumors, medication, non-pharmacological methods of treatment of symptoms, education of the patient, carers;

3. Physical therapy services provided by balneophobicokinetotherapists, kinetotherapists and medical physical culture teachers;

4. Psychological assistance services provided by the psychologist.

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

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

The medication prescription and release method is foreseen in the G.D. no 161/2016 (applied until March 31th 2018) and G.D. no 140/2018 (applied since April 1th 2018 until December 31th 20192020) and in their related Methodological Implementation Norms above mentioned.

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

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

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

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

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

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

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

ü   child delivery;

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

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

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

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

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

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

In Annex 22 to Order no. 196/139/2017 and Annex 22 to Order no. 397/836/2018 (applied since April 1th 2018 until December 31th 20192020) provides the list of hospital medical services provided under day-care regime.

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

ü medical-surgical emergencies requiring medical supervision up to 12  hours only in the sanitary units with beds which also provide hospital care under continuous hospitalization;

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

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

·      Medical services under continuous and day-care hospitalization are granted on the basis of the internment ticket.

·      Doctors who can issue internment tickets are:

-       family doctor;

-       the specialist doctor in ambulatory health establishments, regardless of the form of organization;

-       doctors in the medical-social care units;

-       physicians from private dialysis centers in contract with health insurance houses / National Health Insurance House, as the case may be;

·    doctors working in TB dispensaries, in mental health laboratories, respectively mental health centers and psychiatric psychiatrists, in dental clinics that are not in a contractual relationship with health insurance companies and which are located in the structure of hospitals as units without legal personality;

·      There are situations where an internment ticket is not required:

- for continuous hospitalization: medical / surgical birth / emergencies / endemoepidemic potential diseases requiring isolation and treatment / illnesses under Art. 109, 110, 124 and 125 of Law no. 286/2009, with the subsequent amendments and completions, and in the cases ordered by the prosecutor's ordinance during trial or prosecution, requiring isolation or compulsory confinement, and the treatment of persons deprived of their liberty for which the court ordered the execution of the sentence in a hospital-penitentiary and the treatment of patients in prisons whose diseases require monitoring and re-evaluation in hospital penitentiaries for patients requiring long-term hospital care - years / cases that have a hospital admission recommendation following a medical letters provided by physicians in the integrated ambulatory of that hospital, in a contractual relationship with health insurance institutions / in-hospital transfer when the type of care / in-hospital transfer / patients who have a medical letter in discharge with rehabilitation indication for hospitalization / patients with haemophilia in the national haemophilia program / from 1 April 2018 and confirmed oncology patients in the National Oncology Program.

in daily hospitalization for: medical / surgical emergency / chemotherapy / radiotherapy / medication corresponding to ICDs marked with (1), (**) 1b and (**) 1Ω, provided for in the Government Decision no. 720/2008, with subsequent modifications and completions / monitoring of HIV / AIDS patients / dynamic evaluation of viroimmunologic response, monitoring and treatment of patients with thalassemia / monitoring of oncological patients / treatment administration for rabies prophylaxis / monitoring of primary genital syphilis and syphilis secondary skin and mucous membranes / solving cases that have a recommendation for hospitalization in a hospital following a medical letter given by the physicians in the integrated ambulatory of the respective hospital, in a contractual relation with the health insurance houses / the patients who have a medical letter at discharge with return indication for admission / patients with haemophilia in the national haemophilia program.

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

Medical assistance for medical recovery and physical medicine and rehabilitation in sanatoriums and preventers is provided in sanatoriums / sanatoria sections for adults and children, preventives, with or without legal personality, including providers constituted according to the Companies Law no. 31/1990, republished, with the subsequent modifications and completions, which are approved by the Ministry of Health as sanatoriums or have in the structure approved by the Ministry of Health spas.

The services are provided on the basis of referral tickets for treatment of physical medicine and rehabilitation in balneal sanatoriums, issued by family doctors, outpatient specialists and hospital doctors, in contractual relations with health insurance houses. Criteria for delivery of referral tickets for physical and rehabilitation treatment refer to the specific pathology and associated conditions of the insured with the balneary treatment specificity.

II - 5. Cost-sharing

Article 4. C24

1. The insured person shall be entitled free of charge, as from the commencement of his illness and at least until the period prescribed for the grant of sickness benefit expires, to medical treatment by a fully qualified medical man and to the supply of proper and sufficient medicines and appliances.

2. Nevertheless, the insured person may be required to pay such part of the cost of medical benefit as may be prescribed by national laws or regulations.

3. Medical benefit may be withheld as long as the insured person refuses, without valid reason, to comply with the doctor's orders or the instructions relating to the conduct of insured persons while ill, or neglects to make use of the facilities placed at his disposal by the insurance institution.

Article 5. C24

National laws or regulations may authorise or prescribed the grant of medical benefit to members of an insured person's family living in his household and dependent upon him, and shall determine the conditions under which such benefit shall be administered.

§2. Article 10. C102 and ECSS

The beneficiary or his breadwinner may be required to share in the cost of the medical care the beneficiary receives in respect of a morbid condition; the rules concerning such cost-sharing shall be so designed as to avoid hardship.

The medical services for which co-payment is collected are the medical services provided in the sanitary units with beds by continuous hospitalization and the medical services provided in the specialized ambulatory recovery, physical medicine and balneology; the minimum co-payment level is 5 lei and the maximum level is 10 lei. The value of the co-payment is determined by each health unit based on its own criteria.

According to the provisions of Title VIII of Law no. 95/2006, the following categories of policyholders are exempt from the co-payment and benefits from insurance, without paying the contribution, under the conditions of art. 224, as follows:

a) children up to the age of 18, ;

b) young people aged between 18 and 26, if they are students, high school graduates, until the beginning of the academic year, but no more than 3 months, the apprentices or students, if they do not earn income from the work;

bc) patients with diseases included in the national health programs established by the Ministry of Health, for the medical services related to the basic disease of the respective disease, if they do not earn income from work, pension or other resources;

c) individuals with monthly incomes only from pensions, the amount of which is up to the value, rounded by rounding in addition to a lion, of a pension point established for the respective fiscal year.

By Government Emergency Ordinance no. 88/2017 of November 29, 2017 for amending and completing the Law no. 95/2006 on Health Reform was amended as follows:

o cd) natural persons with pension and social benefits for pensioners, up to and including 900 lei / month, whether or not they make other income,;

     de) all pregnant and confinement women, for medical services related to the evolution of pregnancy, and those who have no income or have income below the minimum basic salary in the country, for all medical services.;

f)Romanian citizens who are victims of trafficking in human beings ;

g) detained, arrested or detained persons in pre-trial detention and detention centers, if they do not earn income from work, pension or other resources.

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

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

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

ü  insured individuals aged more than 18 years, for whom the health insurance house offsets percentages of the maximum medical service rate; for emergency services, 100% of the maximum rate is settled.

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

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

ü  for the services in the minimum package, health insurance houses reimburse 100% of the maximum medical services tariff.

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

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

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

For pensioners with only retirement income of up to 700 lei / month, the amount of compensation for medicinal products corresponding to the international common denominations in sublot B is 90% of the reference price, of which 50% is covered by the budget of the Unique National Insurance Fund social health and 40% of the transfers from the budget of the Ministry of Health to the budget of the National Health Insurance Fund, for the prescriptions whose price for the reference / prescription price is up to 330 lei per month.

Starting with September 1, 2019From July 2018, the beneficiaries of the Program for 90% offsetting the reference price of the medicines are pnesioners with pension income and social allowance for pensioners up to and including 1.139 990 lei/month, regardless of whether realize or not other income, according to G.D. no 436/2017537/2018.

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

Medical prescriptions for medicines without personal contribution is issued in the following situations:  

ü  for children aged up to 18 years, pregnant and confinement women, young people from 18 years up to age 26, if they are pupils, including high school graduates to the beginning of the academic year, but not more than 3 months, apprentices or students;

ü  for chronic diseases related to certain groups of diseases according to the legal provisions in force;

ü  for individuals specified in the special laws, in compliance with prescribing medicines provisions.

-          Sanitary units with beds

The hospitals, from the amounts contracted with the health insurance houses, bear the amount related to the standard hotel services (standard accommodation and meals at the level of the food allowance) for the companions of sick children up to 3 years old, as well as for the companions of people with severe disabilities. emphasized.

Insured bear the value of hotel services (accommodation and / or meals) with a high degree of comfort, above the standard comfort, granted at their request

 From April 1st  2018  tThe value of the high level comfort hotel services  is established by each hospital unit providing hospital services, with the obligation to ensure the access of the insured to hospital care provided under standard hotel conditions.

-          Physical and rehabilitation medical services in sanatoriums, including Sanatoriums and Prevenitors

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

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

-          Medical devices designed to recover obstructive organic or functional deficiencies

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

In the case of pregnancy, birth and consequences, the beneficiary of the medical services or its maintenance does not bear the costs of the medical services, and according to the provisions of Law no. 95/2006, republished, all pregnant women and chil- dren are exempt from pregnancy, medical services related to the evolution of pregnancy, and those who have no income or income below the minimum gross national salary for all medical services.

The value of prescription drugs for pregnant women and chil- dren is borne by the fund at the reference price.

In addition to the above, we make it clear that in the social health insurance system pregnant women benefit from insurance without the payment of the contribution under the conditions of art. 154 of Law no. 227/2015. In case they realize the incomes stipulated in art. 155 of the Law no. 227/2015, this income is due to the social health insurance contribution according to the regulations specific to each category of income.

II - 6. Objectives of Medical Care

§3. Article 10. C102 and ECSS

The benefit provided in accordance with this Article 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.

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

The official website of the National Health Insurance House:

The National Health Insurance Fund (NHIF) is a public autonomous institution of national interest with legal personality whose main activity is to provide unitary and coordinated functioning of the system of social health insurance in Romania.

II - 7. Promotion of the general health service

§4. Article 10. C102 and ECSS

The institutions or Government departments administering the benefit shall, by such means as may be deemed appropriate, encourage the persons protected to avail themselves of the general health services placed at their disposal by the public authorities or by other bodies recognised by the public authorities.

II - 8. Qualifying period

Article 11. C102 and ECSS

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

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

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

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

II - 9. Minimum duration of Benefit

Article 12. C102 and ECSS

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

i) Primary care

-  The basic package includes:

I. Medical curative services for medical-surgical emergencies, acute, subacute diseases, accidents of chronic diseases and chronic diseases

1. emergency situation: - a single consultation per person is given for each identified emergency.

2. acute / subacute illness or aggravation of chronic conditions:

- maximum two consultations are given for each disease episode.

3. chronic disease

- for all chronic / insured conditions a monthly consultation is given.

4. active monitoring through an integrated management plan

- Initial assessment of the newly diagnosed case in the first trimester after an outbreak - an episode that may include: 3 family doctor consultations within a maximum of 3 consecutive months.

 - Patient monitoring includes 2 scheduled appointments including disease control assessment, complications screening, patient education, paraclinical investigations and treatment, and a new follow up after 6 consecutive months, calculated over the month of the second consultation previous case management monitoring.

II. Preventive and prophylactic medical services:

1. Preventive consultations are regular, as follows:

a) at discharge from maternity and at one month (at the child's home)

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

c) Once a year from 4 to 18 years.

2. Monitoring the evolution of pregnancy and confinement: (see Part VIII, Article 49)

3. Preventive consultations for policyholders aged over 18:

- Individual risk assessment for the asymptomatic adult:

- All people aged 18 to 39 - every 3 calendar years. A maximum of 2 consultations / insurances are granted in the year of the individual risk assessment. For people aged 18-39 high risk - maximum 2 consultations / insured per year are given. As of 1 April 2018, the second consultation shall be given within 90 days of the first consultation.

- All persons aged> 40 years - maximum 2 consultations / insured per year. As of 1 April 2018, the second consultation shall be given within 90 days of the first consultation.

4. Surveillance and detection of diseases with endemic-epidemic potential

- one person per consultation is given for each suspected and confirmed endemic-epidemic disease, including the newly discovered TB patient actively diagnosed by the family doctor.

Family planning services: - maximum of two consultations per calendar year, on the insured person

III. Home consultation - is granted as follows:

- up to 2 consultations for each acute / subacute / chronic illness episode, up to 4 consultations / year for chronic diseases and a consultation for each emergency.

- Consultations at the home of the insured - maximum 42 consultations per month per physician with a list of registered insured persons but no more than three consultations per day.

IV. Additional medical services

- Starting April 1, 2018 - Maximum number of additional services - general ultrasound - abdomen and pelvis - that can be performed and given in one hour, can not be more than 3.

V. Support activities - limits imposed by the specificity of each document provided in the basic package.           

I. Medicines administration services - at the doctor's recommendation.ii) Clinical outpatient care

- Starting April 1, 2018 - Payment of ambulatory medical care services for clinical specialties, acupuncture, family planning and outpatient palliative care is done by medical service quoted in points or medical service - consultation / case in lei.

Health insurance houses reimburse to medical specialists in clinical specialties the amount of medical services settled by the tariff expressed in points provided in the package, if these services are performed in the medical offices where they operate and are interpreted by the respective doctors, the number of points for each medical service and the value set for one point.

- Starting April 1, 2018 - The total number of points reported for consultations, medical services provided by clinic specialists, family planning and outpatient palliative care can not exceed the number of points earned according to the work schedule, according to the provisions of Annex 8 to Order no. 397/836/2018.

The basic package includes:

1. Medical services for medical and surgical emergencies:

- a single consultation per person is given for each identified emergency situation for which first aid has been granted or has been resolved at the level of the medical cabinet, with the exception of children aged 0-18 years for which a maximum of 2 consultations are settled.

2.  Acute and subacute illnesses as well as acute illnesses of chronic diseases

- For the same episode of acute / subacute illness / chronic illness, maximum 3 consultations are given to the insured within a maximum of 60 calendar days from the date of the first consultation required to establish the diagnosis, treatment and progression of the case.

3. Chronic conditions

- For clinical and paraclinical evaluation, treatment prescribing and follow-up of chronic illnesses for one or more chronic diseases treated within the same specialty, a maximum of 4 consultations / quarter / insured, but no more than 2 consultations per month.

4. Detection of diseases with endemic-epidemic potential

- one person per insured person is counted for each suspected and confirmed endemic-epidemic disease.

5. Family planning services:

- 4 consultations per calendar year, for insured.

6. From 1 April 2018 - Palliative Care Services - Palliative Care Medical Consultations:

- for a clinical and paraclinical assessment, the elaboration of the palliative care plan, prescribing the treatment and following the evolution of the insured with need for palliative care, a maximum of 4 consultations / quarter / insured, but no more than 2 consultations per month.

7. Simple and complex diagnostic services and therapeutic services / surgical and medical treatments - the total number of points reported for consultations, medical services provided by clinic specialists, for a doctor / cabinet work schedule of 35 hours / week , cannot exceed the number of points achieved according to the work schedule, according to the above - ii)

        

8. Medical services related to the medical act - The score for health-related health services that can be reported to one or more insured persons regardless of type of related service by the specialist doctor who has requested them can not exceed 90 points in average daily, due to the one / persons providing them, except for the specialist pediatric psychiatrist for whom the score can not exceed 180 360 points on average per day.

9. Pregnancy and confinement surveillance services (see Part VIII, Article 49)

10. Acupuncture - Insured persons are entitled to a maximum of 2 counseling / cures / year for the insured (one consultation for each treatment cure). A cure represents an average of 10 days of treatment and an average of 4 procedures / day.

11. Starting April 1, 2018: Medical services diagnostic - case: day hospitalization services, are given in outpatient clinic and are settled only if all mandatory services have been performed.

o  Surveillance of a normal pregnancy (in pregnant women who do not have medical records demonstrating the existence in the pathological personal history of rubella, toxoplasmosis, CMV infection) * 1

o  Surveillance of a normal pregnancy (in the case of pregnant women who have medical documents proving the existence of a personal history of rubella, toxoplasmosis, CMV infection) * 1)

o  Prenatal screening (S11 - S19 + 6 days) * 2)

o  Surveillance of other high-risk pregnancies (gestational edema) * 3)

o  Surveillance of other high-risk pregnancies (mild pregnancy hystereasis) * 3)

o  Surveillance of other high risk pregnancies (evaluation of pregnant uterus in 3rd trimester) * 3)

o  Early detection of precancerous breast lesions * 4)

o  Early detection of precancerous breast lesions with mammographically identified suspicion * 5)

o  Early detection and diagnosis of dysplastic cervical lesions * 6)Early detection and diagnosis of dysplastic cervical lesions with cytology * 7)

o  Early diagnosis of dysplastic cervical lesions - Performed by doctors of obstetrics and gynecology * 8)

o  Excisional or ablative treatment of precancerous lesions of the cervix * 9) - It is performed by doctors in the specialty of obstetrics-gynecology

* 1) The services of items 1 and 2 can not be performed and reported simultaneously to a patient for a pregnancy. It contracts only with the obstetrics-gynecology specialty hospitals and with the other sanitary units with beds, which have in the structure of obstetrics-gynecology and neonatology departments or hierarchy compartments at level 3 or 2 according to the provisions of the Order of the Minister of Health no. 1881/2006 on the hierarchy of hospital units, sections and departments of obstetrics-gynecology and neonatology, with subsequent modifications and completions.                                                                                                               A single package of medical services per pregnant woman is settled, as evidenced by the obstetric-gynecology specialist.

Where medical services corresponding to items 1 and 2 are granted during S11 - S19 + 6 days, they may be granted concurrently with the medical services corresponding to item 3.

* 2) Contracts only with the obstetrics-gynecology specialist hospitals and with the other sanitary units with beds, which have in the structure of obstetrics-gynecology and neonatology departments or hierarchy compartments at level 3 according to the provisions of the Order of the Minister of Health no. 1881/2006, as subsequently amended and supplemented.

A single package of medical services per pregnancy is settled between S11 - S19 + 6 days of pregnancy.

* 3) Contracts only with the obstetrics-gynecology specialist hospitals and with the other sanitary units with beds, which have in the structure of obstetrics-gynecology and neonatology departments or hierarchy compartments at level 3 or 2 according to the provisions of the Order of the Minister of Health no. 1881/2006, as subsequently amended and supplemented.

* 4) Eligibility criteria: Asymptomatic women in the 50-69 age group who:

     1. have no confirmed breast cancer diagnosis;

     2. are asymptomatic;

     3. have no suggestive history of breast cancer pathology.

It is performed every two years by presenting to the specialist obstetric-gynecology specialist or general surgery for the early diagnosis of breast dysplasia. In case of a negative result, the investigation is repeated over 2 years.

The services of items 7 and 8 can not be performed and reported concurrently with a patient.

* 5) Eligibility Criteria: Asymptomatic women in the 50-69 age group with positive mammography results who:

     1. have no confirmed breast cancer diagnosis;

     2. are asymptomatic;

     3. have no suggestive history of breast cancer pathology.

It is done once every two years by presenting to the specialist obstetrician gynecology or general surgery, for the early diagnosis of dysplasia of the breast. In case of a negative result, the investigation is repeated over 2 years.

The services of items 7 and 8 can not be performed and reported concurrently to a pacient.

* 6) Eligibility criteria: Asymptomatic women in the 35-64 age group for the early detection of dysplasia of the cervix and for women in the 25-34 age group, asymptomatic, with positive results in the cytological examination and who :

            1. Do not have a confirmed diagnosis of cervical cancer;

            2. are asymptomatic;

            3. have no history of cervical cancer pathology.

It is done by presenting to the specialist obstetric-gynecology specialist.

In the case of a positive result in women aged 35-64, cytological triage is

indicated.

In case of a negative result, it is repeated over 5 years.

Exclusion criteria: Women who:

            1. presents the congenital absence of the cervix;

            2. show complete hysterectomy for benign conditions;

            3. Have established diagnosis of cervical cancer;

It is done by presenting to the specialist obstetric-gynecology specialist.

In the case of a positive result in women aged 35-64, cytological triage is indicated.

In case of a negative result, it is repeated over 5 years.

Exclusion criteria: Women who:

1. presents the congenital absence of the cervix;

2. show complete hysterectomy for benign conditions;

3. Have established diagnosis of cervical cancer;

4. have established diagnosis for other forms of genital cancer.

The services of items 9, 10 and 11 can not be performed and reported concurrently to a patient.

* 7) It is performed in women with a positive result in HPV testing.

The services of items 9, 10 and 11 can not be performed and reported concurrently to a patient.

* 8) It is performed in women with a positive result in cytology.

The services of items 9, 10 and 11 can not be performed and reported concurrently to a patient.

* 9) It is performed in women in the age group 25 - 64 years, with a positive result at the early examination of dysplastic lesions of the cervix from positions 9 and 10.

Medical assistance in the specialized ambulatory for the clinical specialty of physical and rehabilitation medicine

The basic medical package includes:

1. Specialized medical consultation - initial,

2. The reassessment consultation,

3. The series of specific physician and rehabilitation procedures established by the physician for recovery, physical medicine and balneology, given to an insured person, includes a maximum of 4 procedures / day of treatment.

The period for which the specific physical and rehabilitation procedures are granted is 21 days / year / provided for both children and adults except for children aged 0-18 with a confirmed diagnosis of cerebral palsy, when specific medical procedures are provided for physiotherapy and rehabilitation for a maximum of 42 days per year / insured, these periods may be divided into up to two fractions, depending on the basic condition at the recommendation of the physician in the field of physical medicine and rehabilitation.

For each series of specific procedures, an initial consultation and a reassessment consultation are provided.

 For situations where an insured person is not recommended for a number of specific recovery procedures, physical medicine and balneology, 3 consultations / quarter are given for the same condition.

Dental care

The dental health care package - the services for which it is foreseen the range to be granted are:

- a single consultation is given over a 12-month period for an insured person over the age of 18 and a 6-month consultation for children under the age of 18,

- The arcade mobilizer acrylic is given once every 4 years,

- Prosthesis repair, prosthesis rebasing - is given once a year,

- sealing / tooth - a 2 year settled procedure.                  

Medicines with and without personal outpatient contribution

Periods for which medications can be prescribed are up to 7 days in acute conditions, from 8 to 10 days in underactive conditions and up to 30/31 days - 90/91/92 days for patients with chronic conditions. The period for which prescription drugs may be prescribed for cost-volume / cost-volume-result contracts is up to 30-31 days.

For chronic diseases, physicians may prescribe to an insured person with and without personal contribution, subject to the following conditions:

(a)  for Substrates A, B and D - a prescription / multiple monthly prescriptions not exceeding in cumulative 7 different medications on all one month's prescriptions. The total amount of drugs in Sublist B, calculated at the reference price level, is up to 330 lei per month;

(b)   if, in a month, a medicine of sublist B marked #, with a maximum treatment value per month, calculated at the reference price level, greater than 330 lei, is not prescribed in the month and other medicines in Sub-List B;

(c)   for pensioners with pension incomes and social allowance for pensioners, up to 1.139 900 lei / month inclusive, regardless of whether or not they make other income, the provisions of subsection a) and b); they may benefit from a prescription / multiple monthly prescriptions that do not cumulatively exceed 7 medicines in Subparts A, B and D; in this situation, for a maximum of 3 medicines in Sublist B, with a reference price of up to 330 lei per month / prescription, a single separate prescription with 90% offset of the reference price is made;

(d)    for sublot C section C1 - for each disease code, one prescription / maximum two monthly prescriptions, with a maximum of 3 drugs;

(e)    for sub-list C section C3 - a single monthly prescription with up to 4 medicines.

By way of exception, in the case of the medicinal products listed in Table II of the Annex to the Law no. 339/2005 on the legal regime of narcotic, psychotropic, narcotic and psychotropic substances and preparations, as subsequently amended and supplemented, several prescriptions may be issued to the same insured according to the legal regulations in force.

Between April 1st 2018 and June 30th 2019:

Periods of time for which drugs can be prescribed are of maximum 7 days, for acute illnesses, 8 - 10 days, for sub-acute illnesses, and, respectively, up to 30/ 31 days for chronic illnesses.  The period for which prescription drugs can be prescribed for cost-volume / cost-volume-result contracts is up to 30-31 days.

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

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

c) for pensioners with pension incomes and social allowance for pensioners, up to 900 lei / month inclusive, regardless of whether or not they make other income, the provisions of subsection a) and b); they may benefit from a prescription / multiple monthly prescriptions that do not cumulatively exceed 7 drugs in Sub- lists A, B and D; in this situation, for a maximum of 3 drugs in Sublist B, with a reference price of up to 330 lei per month / prescription, a single separate prescription with 90% offset of the reference price is made; 

  d) for drugs from sub-list C section C1 - for each illneass code, one prescription / maximum two monthly prescriptions, with a maximum of 3 drugs;

   e) for drugs from sub-list C section C3 - a single monthly prescription for maximum 4 drugs.

Hospital care services are provided to insured persons until healing.

   

In the sanatoriums the lengths of hospitalization are:

Physical and rehabilitation services - 14 - 21 days / year / insured provided in a single episode comprising at least 4 procedures / day, and  from 1 April 2018 for at least 5 days / week.

The medical rehabilitation services provided in sanatoriums other than balneary sanatoriums and preventers are services provided in hospitalization for periods and according to a rate established by specialized doctors operating in these units

II - 10. Suspension of Benefit

Article 69. C102, Article 68. ECSS

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

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

(b) as long as the person concerned is maintained at public expense, or at the expense of a social security institution or service, subject to any portion of the benefit in excess of the value of such maintenance being granted to the dependants of the beneficiary;

(c) as long as the person concerned is in receipt of another social security cash benefit, other than a family benefit, and during any period in respect of which he is indemnified for the contingency by a third party, subject to the part of the benefit which is suspended not exceeding the other benefit or the indemnity by a third party;

(d) where the person concerned has made a fraudulent claim;

(e) where the contingency has been caused by a criminal offence committed by the person concerned;

(f) where the contingency has been caused by the wilful misconduct of the person concerned;

(g) in appropriate cases, where the person concerned neglects to make use of the medical or rehabilitation services placed at his disposal or fails to comply with rules prescribed for verifying the occurrence or continuance of the contingency or for the conduct of beneficiaries;

Insured persons are required to pay a monthly health insurance contribution. In case of non-compliance, these persons benefit from medical services within a minimum package of medical services, according to the provisions of Law no.95 / 2006, republished.

According to the provisions of Law no. 95/2006, republished, as subsequently amended and supplemented, the documents certifying the quality of insured are:

• the national health insurance card,

• the insured certificate with a validity of 3 months, for persons who expressly refuse, for religious or conscience reasons, the receipt of the national card,

• the insured certificate issued by the insurance house to which the insured person is registered,

• the documents provided in art. 223 par. (1) of the Law no. 95/2006 republished, as subsequently amended and supplemented (the insured certificate issued by the care of the insurance company to which the insured person is registered or the document resulting from the access by the providers in contractual relations with the health insurance houses of the electronic instrument provided by NHIH).

Insured persons who have not been issued with the national health insurance card may benefit from medical services without presenting it.

According to the provisions of art. 342 and 343 of Law no. 95/2006, republished, as subsequently amended and supplemented, the insured persons over the age of 18 have the obligation to present the national health insurance card, or the documents mentioned above, as the case may be.

RF/C102/ECSS: please indicate the provisions, if any, for the suspanesion of the medical benefits reffred to in Article 10, under each scheme or schemes concerned.

-  The persons who are obliged to pay the social health insurance contribution, as well as the way of setting, the deadlines for declaring and paying the contribution are stipulated in the Law no. 227/2015 regarding the Fiscal Code, as subsequently supplemented or amended.

    ART. 222

(1) According to the present law, the insured persons are:

   a) all Romanian citizens domiciled or residing in the country; 

  b) foreign citizens and stateless persons who have applied for and have obtained the right to temporary stay or have their domicile in Romania;

   c) citizens of EU Member States, EEA and Swiss Confederation who do not have insurance in another Member State that has effect in Romania, who have applied for and obtained the right of residence in Romania for a period of more than 3 months; 

  d) persons from EU Member States, EEA and Swiss Confederations fulfilling the conditions of a frontier worker, meaning who are employed or self-employed in Romania and who reside in another Member State in which they return usually daily or at least once a week ; 

  e) pensioners in the public pension system who are no longer domiciled in Romania and who establish their residence in the territory of an EU Member State, of a state belonging to the EEA or of the Swiss Confederation, respectively domiciled in the territory of a state with which Romania applies an agreement bilateral social security with provisions for sickness-maternity insurance.   

(2) In the case of the persons mentioned in par. (1) falling within the category of those who make the incomes provided under art. 155 par. (1) lit. a) of Law no. 227/2015, as subsequently supplemented or amended, the quality of insured in the social health insurance system and the right to the basic package is granted from the date of initiation of the work / service relationship.

(3) The persons referred to in paragraph (1) falling within the category of those who make the incomes provided under art. 155 par. (1) lit. b) - h), as well as for the ones stipulated in art. 180 of Law no. 227/2015, as subsequently supplemented or amended, acquire the quality of insured in the social health insurance system and have the right to the basic package from the date of filing the declaration, stipulated in art. 147 par. (1) or art. 174 par. (3) of the Law no. 227/2015, as subsequently supplemented or amended, as the case may be.  (4) For the persons mentioned in par. (1) who fall within the category of those who have the status of taxpayers to the social health insurance system, according to the Law no. 227/2015, as subsequently supplemented or amended and which did not pay the contribution to the fund within the time limits provided by the same law, the outstanding amounts are recovered by A.N.A.F. in accordance with the law, including fiscal tax liabilities due for tax receivables.

(5) The insured and the insurance rights cease:  

  a) for the persons referred to in paragraph (1) lit. a) with the loss of the right of domicile or residence in Romania, as well as under the conditions of art. 267 par. (2) - (2 ^ 2), as the case may be;  

  b) for the persons mentioned in par. (1) lit. b) with the loss of the right of residence in Romania, as well as under the conditions of art. 267 par. (2) - (2 ^ 2), as the case may be;     c) for the persons referred to in par. (1) lit. c) with the loss of the right of residence in Romania, for a period of more than 3 months, as well as under the conditions of art. 267 par. (2) - (2 ^ 2), as the case may be; 

   d) for the persons mentioned in par. (1) lit. d), together with the loss of the status of frontier worker, and under the conditions of art. 267 par. (2) and (2 ^ 2) as appropriate. 

   (6) The supporting documents regarding the acquisition of the quality of the insured shall be established by an order of the CNAS president.

   ART. 224*)

(1) The following categories of persons benefit from the insurance, without payment of the contribution, under the conditions of art. 154 of Law no. 227/2015, as subsequently supplemented or amended:

    a) children up to the age of 18, young people from 18 years up to the age of 26, if they are students, including high school graduates, until the beginning of the academic year, but not more than 3 months after the completion of the studies, apprentices or students, doctoral students under the doctoral studies contract, within 4-6 conventional teaching hours per week as well as those who follow the individual training module based on their request to become soldiers or professional graduates; 

  b) young people under the age of 26 coming from the child protection system;

   (c) the spouse, the spouse and the parents without own income, who are dependent on an insured person;  

 d) persons whose rights are established by Decree-Law no. 118/1990 regarding the granting of rights to persons persecuted for political reasons by the dictatorship established from March 6, 1945, as well as to those deported abroad or constituted in prisoners, republished, as subsequently supplemented or amended, by Law no. 51/1993 on the granting of certain rights to magistrates who have been removed from justice for political reasons during the years 1945-1989, as subsequently supplemented or amended, by Government Ordinance no. 105/1999 regarding the granting of certain rights to the persons persecuted by the regimes established in Romania from September 6, 1940 to March 6, 1945 for ethnic reasons, approved with amendments and completions by Law no. 189/2000, as subsequently supplemented or amended, by Law no. 44/1994 on war veterans, as well as some rights of invalids and widowers of war, republished, as subsequently supplemented or amended, by Law no. 309/2002 on the recognition and granting of rights for the persons who performed the military service in the General Department of the Labor Service between 1950 and 1961, as subsequently supplemented or amended, as well as the persons stipulated in art. 3 par. (1) lit. b) point 1 of the Law of Gratitude for the Victory of the Romanian Revolution of December 1989, for the anticommunist workers 'revolt in Braşov in November 1987 and for the anticommunist workers' revolt in the Jiu Valley - Lupeni - August 1977 no. 341/2004, as subsequently supplemented or amended, for the monetary rights granted by these laws;

e) persons with disabilities, for the incomes obtained under Law no. 448/2006 on the protection and promotion of the rights of disabled persons, republished, as subsequently supplemented or amended;  

 f) patients with diseases included in the national health programs established by the Ministry of Health, until the healing of the respective condition;

  g) Pregnant women and women lately confined; 

  h) natural persons who are on sick leave for temporary incapacity for work due to accidents at work or occupational diseases, as well as those who are on medical leave granted according to the Government Emergency Ordinance no. 158/2005 on sickness leave and indemnities, approved with amendments and completions by Law no. 399/2006, as subsequently supplemented or amended;

   i) persons who are on leave, according to the Law no. 273/2004 on adoption procedure, republished, on parental leave according to the Government Emergency Ordinance no. 111/2010 on parental leave and indemnity, approved with amendments by Law no. 132/2011, as subsequently supplemented or amended;  

j) persons who execute a custodial sentence or are under preventive arrest in the penitentiary units, as well as the persons who are in the process of carrying out a measure of education or security deprivation of liberty, namely persons who are in the period of postponement or interruption the execution of the custodial sentence;

    k) persons receiving unemployment benefit or, as the case may be, other social protection rights provided from the unemployment insurance budget, according to the law; 

  l) detained, arrested or detained persons in pre-trial detention and detention centers, aliens in accommodation centers for return or expulsion, and those who are victims of trafficking in human beings who are in the process of establishing identity and are housed in specially arranged centers according to the law; 

  m) natural persons benefiting from social aid according to the Law no. 416/2001 on the minimum guaranteed income, as subsequently supplemented or amended; 

  n) natural persons who have the status of pensioners, pension revenues, and income from intellectual property rights; 

  o) Romanian citizens who are victims of trafficking in human beings for a maximum of 12 months; 

  p) the monastic staff of the recognized denominations, in the records of the State Secretariat for Cults;

   q) volunteers who work under voluntary emergency services under the Voluntary Contract during their participation in emergency interventions or training to participate in them, in accordance with Government Ordinance no. 88/2001 on the establishment, organization and functioning of community public services for emergency situations, approved with amendments and completions by Law no. 363/2002, as subsequently supplemented or amended.

    (1 ^ 1) Persons who have acquired the quality of insured under para. (1) lit. c) and q) can not themselves be co-insured.   

 (2) The categories of persons not provided in par. (1) have the obligation to ensure, according to the present law, and to pay the contribution to health insurance under the conditions of Law no. 227/2015, as subsequently supplemented or amended.

Access to basic services packages for all medical care, medicines and medical devices ceases in the situations provided by art. 222 par. (5) of the Law no. 95/2006 on the health reform, republished, as subsequently supplemented or amended and the non-observance of the obligation to pay the contribution to health social insurance under the conditions of Law no. 227/2015, as subsequently supplemented or amended.

Persons who do not prove the quality of insured benefit from medical services within a minimal package of medical services, according to the provisions of Law no. 95/2006, republished, which includes: health care services, medicines and sanitary materials only in the case of medical and surgical emergencies and diseases with endemoepidemic potential, monitoring of pregnancy and lactation, family planning services, prevention and care services of Community health care in the following assistance:- primary care- specialized ambulatory for clinical specialties,- specialized dentistry ambulatory,- hospital care.

2019 CEACR’s conclusions - Pending

Part II (Medical care), Article 10(1) in conjunction with Article 68 of the Code; Part VIII (Maternity benefits), Article 49 of the Code. Reduction of medical care.  The Committee notes the information provided by the Government in the consolidated report, which indicates that, according to the provisions of Law No. 95/2006, insured persons with income are required to pay a monthly health insurance contribution amounting to 10 per cent of their earnings. Those who are not in compliance are not entitled to the basic package of medical services, but only to a minimum medical package of emergency and public health related care. This does not only apply in situations where no contributions have been deducted by the employer, but also in situations not attributable to employees, where contributions have been deducted from wages but not transferred to the National Health Insurance Fund (CNAS), i.e. where it is the employer only who fails to fulfil his or her obligation to their employees and to the social insurance institutions. The Committee notes that, in such cases, the Law provides for sanctions to be imposed on the employer. The Committee observes that this does not alter the fact that the non-payment of contributions also affects the entitlement of workers to full medical care and, in this connection, points out once again that workers’ social security rights cannot depend on whether or not their employer fulfils his or her obligations. Recalling the 2018 and 2019 resolutions of the Committee of Ministers, the Committee once again requests the Government to take measures to ensure that the National Health Insurance Fund does not reduce medical care benefits to the minimum package with respect to the persons whose employers have failed to pay their health insurance contributions to the Fund in particular where this happened without the consent or connivance of, or is attributable to any negligence on the part of the insured person in respect of whom the contribution is payable.

Please provide a reply to the Committee’s request.

According to the provisions of art. 27 para. (1) of Government Ordinance no. 86/2003, with subsequent amendments and completions, starting with January 1, 2004, the activity regarding the declaration, ascertainment, control, collection and settlement of appeals for the social insurance contribution, the unemployment insurance contribution, the social health insurance contribution and the contribution for accidents at work and occupational diseases, as well as other contributions due by legal persons and natural persons who have the status of employer or entities assimilated to the employer, hereinafter referred to as social contributions, are made by the Ministry of Public Finance and its subordinate units, which they also have the quality of budgetary creditor.

In accordance with the provisions of the Government Emergency Ordinance no. 125/2011 for the amendment and completion of Law no. 571/2003 on the Fiscal Code, with subsequent amendments and completions, starting with July 1, 2012, the competence to administer the mandatory social contributions due by individuals belonged to the National Agency for Fiscal Administration.

II - 11. Right of complaint and appeal

Article 70. C102, Article 69. ECSS

1.  Every claimant shall have a right of appeal in case of refusal of the benefit or complaint as to its quality or quantity.

2. Where in the application of this Convention (Code) a government department responsible to a legislature is entrusted with the administration of medical care, the right of appeal provided for in paragraph 1 of this article may be replaced by a right to have a complaint concerning the refusal of medical care or the quality of the care received investigated by the appropriate authority.

3. Where a claim is settled by a special tribunal established to deal with social security questions and on which the persons protected are represented, no right of appeal shall be required.

According to Article 451 of Law No 95/2006, republished, in case of benefit rejection or benefit type or amount contestation, the insured individuals are entitled to lodge a complaint to the College where the relevant physician is member, and if such complaint is rejected, the insured individual may submit a complaint to a court of law.

II - 12. Financing and Administration

Article 71. C102, Article 70. ECSS          

See under Part XIII-3. Common provisions.

Article 72. C102, Article 71. ECSS

1. The Member (Contracting Party) shall accept general responsibility for the proper administration of the institutions and services concerned in the application of the Convention (Code).

2. Where the administration is not entrusted [to an institution regulated by the public authorities or – C102] to a Government department responsible to a legislature, representatives of the persons protected shall participate in the management, or be associated therewith in a consultative capacity, under prescribed conditions; national laws or regulations may likewise decide as to the participation of representatives of employers and of the public authorities.

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

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

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

Database of the MISSOC:

Decentralisation and autonomy in the administration of the Health Insurance Fund.

There is free competition between providers dealing with contracts with the health insurance houses.

The official website of the National Health Insurance House:

The National Health Insurance Fund (NHIF) is a public autonomous institution of national interest with legal personality whose main activity is to provide unitary and coordinated functioning of the system of social health insurance in Romania.

NHIF 's mission is to provide a system of health insurance modern and efficient, placed permanently in the public interest and the insured, which aims to improve the health of the population.

NHIF operates under its own statute and must:

·         Provide logistics for the unitary and coordinated functioning of the system of social health insurance;

·         pursue the collection and efficient use of the Fund;

·         use appropriate means of media representation, information and support the interests of policyholders they represent;

·         to meet the needs of health services of persons within the limits of available funds.

Part III. Sickness Benefit

Romania has accepted the obligations resulting from C24, Part III of C102 and Part III of the ECSS.

Category

Information available

Information missing / questions raised by the CEACR

III-1. Regulatory framework

Art.13 C102/ECSS

Art.1 C24

III-2. Contingencies covered

Art.14 C102/ECSS

III-3. Persons protected

Art.15 C102/ECSS *

Art.2(1) C24

III-4. Level and Calculation of benefit

Art.16 C102/ECSS*

III-5. Qualifying period

Art.17 C102/ECSS,

Art.3(2) C24

III-6. Minimum duration of benefit

Art.18 C102/ECSS, Art.3(1,2) C24

III-7. Suspension of benefit

Art.69 C102, Art.68 ECSS

Art.3(3,4) C24

III-8. Right of complaint and appeal

Art.70 C102, Art.69 ECSS

Art.9 C24

III-9. Financing and Administration

Art.72 C102

Art.71 ECSS

Art.71 C102, Art.70 ECSS*

Art.6,7 C24

* Please update statistical data, in accordance with the Report form for C102/ECSS.

List of applicable legislation

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

·        

·            Order of the Minister of Health and of the President of the National Health Insurance House no 15/2018 for the approval of the application Norms of the Government emergency Order no 158/2005 on the leaves of absence and health insurance benefits, published in the Official Gazette no 31 of 12 January 2018

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

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

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

III - 1. Regulatory framework

Article 1. C24

Each Member of the International Labour Organisation which ratifies this Convention undertakes to set up a system of compulsory sickness insurance which shall be based on provisions at least equivalent to those contained in this Convention.

Article 13. C102 and ECSS

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

 MISSOC Database:

Basic principles.

Compulsory social insurance scheme for employees and self-employed providing an earnings-related benefit.

III - 2. Contingency covered

Article 14. C102 and ECSS

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

III - 3. Persons protected

§1. Article 2. C24

The compulsory sickness insurance system shall apply to manual and non-manual workers, including apprentices, employed by industrial undertakings and commercial undertakings, out-workers and domestic servants.

Article 15. C102 and ECSS

The persons protected shall comprise:

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

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

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

Within the social insurance system, to the leave allowance and health security benefits is applicable the sub-paragraph b) of Article 15 of C102 and the ECSS.

a.           

a.           

According to the legal provisions in force since 01.01.2018, the persons protected under this article are insured persons, Romanian citizens, foreign citizens or stateless persons, who, according to the law, reside in Romania, in particular:

- individuals who earn income from an activity based on an individual employment contract, service report, posting or statutory status, as well as other income assimilated to salaries (both private and public employees from the budget environment);

- individuals receiving unemployment benefit, according to the law;

- individuals, other than employees, who can insure themselves in the social health insurance system in order to benefit from holidays and sickness insurance benefits, based on an insurance contract for holidays and social health insurance indemnities.

III - 4. Level and Calculation of Benefit

Article 16. C102 and ECSS

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

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

The Government applies Article 65 of C102/ECSS.

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

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

The gross monthly amount of the maternity allowance, as well as of the allowance for the care of the sick child is 85% of the calculation base.

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

III - 5. Qualifying period

§2. Article 3. C24

The payment of this benefit may be made conditional on the insured person having first complied with a qualifying period and, on the expiry of the same, with a waiting period of not more than three days.

Article 17. C102 and ECSS

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

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

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

The insurancequalifying period in the health insurance system is obtained by summing the periods for which the contribution for medical leave allowance and indemnities is paid by the employer or insured individual, as the case may be, respectively, , or were insured without payment of the contribution under the law.

The minimum insurancequalifying period entitling to rights is 6 months of insurance

 during the last 12 months previous to the month of medical leave.

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

III - 6. Minimum duration of Benefit

§1§2. Article 3. C24

1. An insured person who is rendered incapable of work by reason of the abnormal state of his bodily or mental health shall be entitled to a cash benefit for at least the first twenty-six weeks of incapacity from and including the first day for which benefit is payable.

2. The payment of this benefit may be made conditional on the insured person having first complied with a qualifying period and, on the expiry of the same, with a waiting period of not more than three days.

Article 18. C102 and ECSS

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

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

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

III - 7. Suspension of benefit

§3§4. Article 3. C24

3. Cash benefit may be withheld in the following cases:

(a) where in respect of the same illness the insured person receives compensation from another source to which he is entitled by law; benefit shall only be wholly or partially withheld in so far as such compensation is equal to or less than the amount of the benefit provided by the present Article;

(b) as long as the insured person does not by the fact of his incapacity suffer any loss of the normal product of his labour, or is maintained at the expense of the insurance funds or from public funds; nevertheless, cash benefits shall only partially be withheld when the insured person, although thus personally maintained, has family responsibilities;

(c) as long as the insured person while ill refuses, without valid reason, to comply with the doctor's orders, or the instructions relating to the conduct of insured persons while ill, or voluntarily and without authorisation removes himself from the supervision of the insurance institutions.

4. Cash benefit may be reduced or refused in the case of sickness caused by the insured person's wilful misconduct.

Article 69. C102, Article 68. ECSS

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

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

(b) as long as the person concerned is maintained at public expense, or at the expense of a social security institution or service, subject to any portion of the benefit in excess of the value of such maintenance being granted to the dependants of the beneficiary;

(c) as long as the person concerned is in receipt of another social security cash benefit, other than a family benefit, and during any period in respect of which he is indemnified for the contingency by a third party, subject to the part of the benefit which is suspended not exceeding the other benefit or the indemnity by a third party;

(d) where the person concerned has made a fraudulent claim;

(e) where the contingency has been caused by a criminal offence committed by the person concerned;

(f) where the contingency has been caused by the wilful misconduct of the person concerned;

(g) in appropriate cases, where the person concerned neglects to make use of the medical or rehabilitation services placed at his disposal or fails to comply with rules prescribed for verifying the occurrence or continuance of the contingency or for the conduct of beneficiaries;

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

a)     the beneficiary deceased;

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

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

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

III - 8. Right of complaint and appeal

Article 9. C24

A right of appeal shall be granted to the insured person in case of dispute concerning his right to benefit.

Article 70. C102, Article 69. ECSS

1. Every claimant shall have a right of appeal in case of refusal of the benefit or complaint as to its quality or quantity.

2. Where in the application of this Convention (Code) a government department responsible to a legislature is entrusted with the administration of medical care, the right of appeal provided for in paragraph 1 of this article may be replaced by a right to have a complaint concerning the refusal of medical care or the quality of the care received investigated by the appropriate authority.

3. Where a claim is settled by a special tribunal established to deal with social security questions and on which the persons protected are represented, no right of appeal shall be required.

RF/C102/ECSS: please state whether every claimant has a right of appeal in case of refusal of the sickness benefit or campliant as to its quality and quantity. Please summarise the rules which apply in the case of an appleal.

-

-

III - 9. Financing and Administration

Article 6. C24

1. Sickness insurance shall be administered by self-governing institutions, which shall be under the administrative and financial supervision of the competent public authority and shall not be carried on with a view of profit. Institutions founded by private initiative must be specially approved by the competent public authority.

2. The insured persons shall participate in the management of the self-governing insurance institutions on such conditions as may be prescribed by national laws or regulations.

3. The administration of sickness insurance may, nevertheless, be undertaken directly by the State where and as long as its administration is rendered difficult or impossible or inappropriate by reason of national conditions, and particularly by the insufficient development of the employers' and workers' organisations.

The official website of the National Health Insurance House:

The National Health Insurance Fund (NHIF) is a public autonomous institution of national interest with legal personality whose main activity is to provide unitary and coordinated functioning of the system of social health insurance in Romania.

RF/C24:

1. Please indicate the constitution and functions of the self-governing institutions entrusted with the administration of sickness insurance.

2. Please indicate the constitution and functions of the authorities entrusted with the administrative and financial supervision of such self-governing institutions.

3. Please indicate the conditions under which the insured persons are enabled to participate in the management of the self-governing insurance institutions, stating in particular the proportion of seats or of votes assigned to them in the organs of these self-governing institutions.

Article 7. C24

1. The insured persons and their employers shall share in providing the financial resources of the sickness insurance system.

2. It is open to national laws or regulations to decide as to a financial contribution by the competent public authority.

RF/C24:

1. Please indicate the conditions under which the insured persons and their employers must share in providing the financial resources of the sickness insurance system.

2. Please state whether the national legislation provides for a financial contribution by the competent public authority.

Article 3 of GEO no.158 / 2005 

The right to sickness leave and sickness benefits, to which insured persons who earn salary or salary income are entitled, is subject to the payment of the labor insurance contribution intended to cover these allowances, regulated by the Fiscal Code. Persons receiving unemployment benefit, according to the law, are insured in the social health insurance system for holidays and social health insurance indemnities without a contribution.    The entitlement to sickness leave and sickness benefits to which insured persons are entitled under an insurance contract for sickness and maternity leave is subject to the payment of a contribution to leave holidays and allowances of 1%, applied to the chosen monthly income included in the insurance contract, which is made to the budget of the National Social Health Insurance Fund.

Article 71. C102, Article 70. ECSS

1. The cost of the benefits provided in compliance with this Convention (Code) and the cost of the administration of such benefits shall be borne collectively by way of insurance contributions or taxation or both in a manner which avoids hardship to persons of small means and takes into account the economic situation of the Member (Contracting Party) and of the classes of persons protected.

2. The total of the insurance contributions borne by the employees protected shall not exceed 50 per cent of the total of the financial resources allocated to the protection of employees and their wives and children. For the purpose of ascertaining whether this condition is fulfilled, all the benefits provided by the Member (Contracting Party) in compliance with this Convention (Code), except family benefit and, if provided by a special branch, employment injury benefit, may be taken together.

3. The Member (Contracting Party) shall accept general responsibility for the due provision of the benefits provided in compliance with this Convention (Code), and shall take all measures required for this purpose; it shall ensure, where appropriate, that the necessary actuarial studies and calculations concerning financial equilibrium are made periodically and, in any event, prior to any change in benefits, the rate of insurance contributions, or the taxes allocated to covering the contingencies in question.

Article 72. C102, Article 71. ECSS

1. The Member (Contracting Party) shall accept general responsibility for the proper administration of the institutions and services concerned in the application of the Convention (Code).

2. Where the administration is not entrusted [to an institution regulated by the public authorities or – C102] to a Government department responsible to a legislature, representatives of the persons protected shall participate in the management, or be associated therewith in a consultative capacity, under prescribed conditions; national laws or regulations may likewise decide as to the participation of representatives of employers and of the public authorities.

See under Part II-12. Medical Care. Financing and Administration, under Part XIII-3. Common provisions.

Part IV. Unemployment benefit

Romania has accepted the obligations resulting from C168.

Category

Information available

Information missing / questions raised by the CEACR

IV-1. Regulatory framework

IV-2. Contingency covered

Art.10 C168

IV-3. Persons Protected

Art.11 C168*

IV - 4. Method of protection (explanatory clause)

Art.12,13 C168

IV-5. Level and Calculation of Benefit

Art.14 C168

Art.15,16 C168*

IV-6. Qualifying period

Art.17(1) C168

Art.17(2) C168

IV-7. Waiting period

Art.18 C168

IV-8. Minimum duration of Benefit

Art.19 C168

IV - 9. Provisions of Medical Care to unemployed

Art.23 C168

IV – 10. Acquisition of the right to other benefits

Art.24 C168

IV – 11. Adjustment of scheme to part-time workers

Art.25 C168

IV – 12. Special provisions for new applicants for employment

Art.26 C168

IV - 13. Promotion of productive employment

Art.7,8 C168

IV-14. Suspension of Benefit

Art.21 C168

IV-15. Right of complaint and appeal

Art.27(1) C168

Art.27(2) C168

IV-16. Financing and Administration

Art.28 C168

Art.29,30 C168

* Please update statistical data, in accordance with the Report form for C168.

List of applicable legislation

Database of the MISSOC:

Law 76 of 16 January 2002 on Unemployment Insurance System and Employment Stimulation (Legea privind sistemul asigurarilor pentru somaj si stimularea ocuparii fortei de munca)

IV - 1. Regulatory framework

Database of the MISSOC:

Basic principles.

Unemployment insurance scheme: Social insurance scheme, general, compulsory, contributory (employers and employees), providing both cash and in-kind benefits.

IV - 2. Contingencies covered

Article 10. C168

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

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

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

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

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

According to Art.5, of Law 76/2002 on the unemployment insurance system and employment stimulation, as subsequently amended and supplemented, defines as the unemployed - the person who fulfils the following conditions:

a) is looking for a job from the age of 16 years old and until the fulfilment of conditions for retirement (i.e. meets both the standard retirement age and the minimum contribution period for retirement);

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

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

d) is available to start work in the near future, if this person would find a job.

According to art. 17 para. (1), to establish the right to unemployment benefit, the unemployed referred to in art. 16 letter. a) are the persons who are in one of the following situations:

a) they have ceased employment relationship for reasons not attributable to them (i.e. expiration of the fixed-term individual labour contract, termination of the employment relationship at the employer's initiative, withdrawal of the authorization to practice the profession, dissolution of the employer as a judicial person);

b) their relationship ended for reasons not attributable to their service; (i.e. expiration of the term for which a public office has been temporarily exercised, reduction in the number of staff as a result of reorganization of the activity of the authority or institution).

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

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

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

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

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

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

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

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

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

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

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

c) do not qualify for retirement, according to law (i.e. do not meet both the standard retirement age and the minimum contribution period for retirement);

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

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

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

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

Article 10 paragraphe 2 a)

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

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

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

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

Article 10 paragraph 3

C168: Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012) - pending

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

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

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

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

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

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

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

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

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

IV - 3. Persons protected

Article 11. C168

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

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

Under Law 279/2005 on inwork apprenticeship, with the amendments and complements introduced by Law 179/2013, the employer concludes with the apprentice an apprenticeship contract which is a specific fixed-term individual labour contract. Consequently, the apprentices are insured in the unemployment insurance system in Romania.

Article 11, question 1

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

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

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

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

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

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

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

arête de nomination ;

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

d) les soldats et les gradés volontaires; (starting with 2006, Romania has discontinued the compulsory military service).

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

f) autres personnes percevant des revenus issus des activités exercées conformément a la loi et qui ne se trouvent pas dans l’une des situations visées aux lettres a) - e), pourvu que les revenus de ces personnes soient soumis, à titre obligatoire, aux cotisations d’assurance chômage (the persons authorized to carry-out independent activities may insure themselves voluntarily in the Romanian unemployment insurance system. The voluntary soldiers and enlisted personnel are hired by contract).

RF/168 :

Please furnish the following statistical information:

A. Number of employees protected:

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

(ii) under special schemes:

scheme…………………………………………………………….

scheme……………………………………………………………

(iii)Total………………………………………………………………

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

IV - 4. Method of protection (explanatory clause)

Article 12. C168

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

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

Article 13. C168

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

IV – 5. Level and Calculation of Benefit

Article 14. C168

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

Article 15. C168

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

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

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

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

Article 16. C168

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

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

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

a)       75% of the value of the reference social indicator [500 RON/111 Euro] for unemployment insurance and employment stimulation in force, for persons with a period of contribution of at least 1 year;

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

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

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

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

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

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

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

According to Art.19 (1) of the Methodological Norms for implementing Law No.76/2002, approved by Decision of the Government No.174/2002, with its subsequent changes and complements, the term gross base monthly salary over the past 12 months of contribution period, provided in Art.39 (2) b) of the law, represents the monthly basis for calculating the individual contribution to the Unemployment Insurance Fund, provided in Title IX «Compulsory social contributions» of Law No.571/2003 on the Fiscal Code, with its subsequent changes and complements, over the last 12 months of the period of contribution.

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

According to Art.164 (1) of Law No.53/2003 – the Labour Code, re-published, the minimum guaranteed base gross salary at national level, for normal working hours, is set by Decision of the Government, following consultations with the trade unions and employer organisations. In case the normal working hours are, according to the law, less than 8 hours a day, the hourly minimum base gross salary is calculated as a ratio between the minimum base gross salary at national level and the average monthly working hours, according to the approved legal working hours. (According to DG No.1/2017, the monthly guaranteed nationwide base minimum gross wage is set at 1450 RON).

RF/C168:

1. If recourse is had to subparagraph (a) of paragraph 1 of Article 15, please indicate the amount of the wage of the skilled manual employee or of the average wage of workers.

2. If recourse is had to subparagraph (b) of paragraph 1 of Article 15, please indicate the amount of the statutory minimum wage or of the wage of an ordinary labourer,

or the level which provides the minimum essential for basic living expenses.

3. If appropriate, in order that the percentage specified in paragraphs 1 and 2 of this Article may be reached, please indicate the level of benefits after taxes and contributions and of previous earnings after taxes and contributions.

IV – 6. Qualifying period

Article 17. C168

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

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

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

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

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

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

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

C168: Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012) - pending

Article 17. Qualifying period. The Committee requests the Government to indicate whether special rules have been adopted for seasonal workers in conformity with Article 17(2) of the Convention, and, if so, what are these rules.

Please provide a reply.

IV - 7. Waiting Period

Article 18. C168

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

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

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

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

a) de cessation des relations de travail;

b) de cessation des relations de service ;

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

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

e) de cessation de la qualité de membre coopérateur ;

f) de cessation du contrat d’assurance chômage ;

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

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

j) à laquelle la décision de justice est définitive ;

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

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

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

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

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

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

IV - 8. Minimum duration of Benefit

Article 19. C168

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

2. Nevertheless, in the case of full unemployment-

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

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

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

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

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

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

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

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.

IV - 9. Provisions of Medical Care to unemployed

Article 23. C168

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

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

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

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

IV – 10. Acquisition of the right to other benefits

Article 24 §1. C168

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

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

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

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

See under Part IV-9.

IV – 11. Adjustment of scheme to part-time workers

Article 25 §1. C168

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

Unemployment beenfit scheme

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

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

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

IV – 12. Special provisions for new applicants for employment

Article 26. C168

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

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

(b) young persons who have completed their studies;

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

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

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

(f) divorced or separated persons;

(g) released prisoners;

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

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

(j) previously self-employed persons.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Selon l’article 40 alinéa (1) de la Loi no. 76/2002, modifiée et complétée ultérieurement, l’indemnité de chômage est accordée aux chômeurs visés à l’article 17 alinéa (2) de la loi. L’indemnité de chômage représente un montant forfaitaire, mensuel, dont le taux s’élève à 50% de la valeur de l’indice de référence pour l’assurance chômage et l’incitation à l’emploi, en vigueur à la date à laquelle celle-ci est établie.

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

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

IV - 13. Promotion of productive employment

Article 7.

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

Article 8.

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

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

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

Article 9

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

The National Strategy for Employment 2014-2020 includes four specific objectives and, for each of them, there were identified some specific directions of action:

01. Increasing youth employment and extending the working life of elderly, including the following directions of action:

1.1. Reducing the youth unemployment and the number of NEET young people (not in employment, education or training).

1.2. Increasing labour market participation of elderly.

Taking into account the fact that the number of jobs created by the Romanian remains low, a fact generated by the economic crisis and restructuring, the most affected population categories are the ones situated at the extremes of the market: young people and the elderly workers.

The limited employment opportunities, the transitional period of life that they experience, low level of education or vocational training, are increasing the risk of exclusion from the labour market of young people, thus explaining the employment rate among this category of 22.5% in 2014 and a NEETs rate of 17%. On long-term this induces some social imbalances and loss of human capital, with a negative impact on the economic potential and on competitiveness.

In order to improve the perspectives of young people on the labour market in Romania and to increase the employment rate among this category, The National for Employment 2014-2020 proposes integrated programs targeted to young NEETs, either by providing of quality jobs, either through reintegration into education or by participation in vocational training courses in order to offer them the skills required by the employers.

To facilitate the transition of young people from education to labour market, in addition to strengthening the cooperation between the relevant actors in order to develop the monitoring system, the strategic document aims to implement measures such as apprenticeship at workplace, which, according to new regulations, ensure the quality in CVT and may benefit of additional funding from the ESF, and such as the internships for graduates of the higher education to ensure a quality job, with a decent level of social security.

Given the diversity of this group of beneficiaries, personalized measures are proposed for young people with disabilities, for children and young persons with

2.3. Increasing the participation of persons belonging to vulnerable groups on the labour market by developing measures which combine social support and activation.

IV - 14. Suspension of Benefit

Article 20. C168

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

j) en cas du décès du bénéficiaire ;

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

l) à l’expiration des délais visés à l’article 39 alinéa (1), respectivement à l’article 40 alinéa (1);

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

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

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

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

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

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

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

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

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

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

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

j) at the beneficiary's death;

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

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

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

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

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

b) pendant la période d’accomplissement des obligations militaires ;

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

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

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

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

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

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

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

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

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

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

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

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

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

Suspending payment of unemployment benefit provided for in art. 45 para. (1). a) of the law, for failure to set in art. 41 para. (1). a) the law, is revoked if the recipient proves by documents that he didn’t fulfil this obligation for reasons not attributable to him.

Are considered reasons not attributable to, the following situations:

a) the birth of a child;

b) marriage;

c) disease;

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

e) force majeure.

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

Article 21. C168

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

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

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

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

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

The unjustified refusal provided for in art. 44 points. d) and e) of the Law No.76/2002, means a situation where unemployment benefit recipient does not accept solutions for employment or, where appropriate, qualifications or retraining offered as a result of advice or mediation.

Article 22. C168

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

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

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

as each Member may decide.

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

Par conséquent, les dispositions de l’article 22 lettre a) de la Convention no. 168/ 1988 de sont applicables.

IV – 15. Right of complaint and appeal

Article 27. C168

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

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

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

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

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

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

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

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

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

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

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

Comme le prévoit l’alinéa (2) de l’article précité, les litiges relatifs à l’ouverture et au payement de l’indemnité de chômage sont soumis à une procédure d’urgence, avec le respect des normes procédurales portant sur les conflits de droits, même si la loi spéciale dit le contraire.

C168: Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012) - pending

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

Please provide a reply.

IV - 16. Financing and Administration

Article 28. C168

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

Article 29. C168

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

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

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

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

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

Article 30. C168

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

RF/168: if the administration of a scheme is directly entrusted to a government department, please indicate whether representatives of the protected persons, and representatives of the employers are associated in the administration in an advisory capacity.


Part V. Old-age Benefit

Romania has accepted the obligations resulting from Part V of C102 and Part V of the ECSS.

Category

Information available

Information missing / questions raised by the CEACR

V-1. Regulatory framework

Art.25 C102/ECSS

V-2. Contingency covered

Art.26 C102/ECSS

V-3. Persons protected

Art.27 C102/ECSS*

V-4. Level and calculation of benefit

Art.28 C102/ECSS*

V-5. Adjustment of benefit

Art.65(10),66(8) C102/ECSS

V-6. Qualifying period

Art.29 C102/ECSS

V-7. Duration of benefit

Art.30 C102/ECSS

V-8. Suspension of benefit

Art.69 C102, Art.68 ECSS

V-9. Right of complaint and appeal

Art.70 C102, Art.69 ECSS

V-10. Financing and Administration

Art.72 C102 , Art.71 ECSS

Art.71 C102, Art.70 ECSS*

* Please update statistical data, in accordance with the Report form for C102/ECSS.

List of applicable legislation on the public pension scheme:

§  Law Nono. 263 of 16 December 2010 on the Unitary System of Public Pensions, with subsequent amendments and completions;

§  Government Decision Nono. 257 of 20 March 2011 for approving the Norms for the enforcement of the provisions of Law no. 263/2010 on the Unitary System of  Public Pension, with subsequent amendments and completions;

§  Law no. 196 of 29 May 2009 for the approval of Government Emergency Ordinance no. 6/2009 on the establishment of the guaranteed minimum social pension;

§   Constitutional Court Decision no. 632/2018, published in the Official Journal  no. 995 of 26 November 2018;

§    Government Emergency Ordinance No.82 of 8 November 2017;

§   Government Emergency Ordinance Nono.114 of 28 December 2018 published in the Official Journal  no. 1116 of 29 December 2018 , with subsequent amendments and completions.

§   

§  Law no. 127/2019, published in the Official Journal no. 563 of July 9, 2019;

§   Law no.177 of 17 July 2018 on the approval of GEO no. 103/2017 for the modification and completion of some normative acts in the field of social security

§   Law no. 221 of 27 July 2018 for amending and completing the Law no. 263/2010 on the unitary pension system

§   Government Emergency Ordinance no. 89 of October 4, 2018 regarding some fiscal-budgetary measures and for the modification and completion of some normative acts approved by the Law no.13 of 8 January 2019

§  Law no. 6/2020 on the state social insurance budget for 2020, published in the Official Journal no. 3 of January 6, 2020;

§  Constitutional Court Decision no. 702/2019, published in the Official Journal no. 96 of February 10, 2020.

List of applicable legislation on special pension schemes:

§  Law no. 223 of 4 July 2007 regarding the status of civil aeronautical professional civil aviation in Romania, with subsequent amendments and completions;

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

§  Law No. 216 of  21 July 2015 on pensions granted to the members of Romania's diplomatic and consular corps;

§  Law No. 7 of 11 January 2006 , republished, regarding parliamentary civil servant’s status, with subsequent amendments and completions;

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

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

§  Law No. 47 of May 1992 on the organization and functioning of the Constitutional Court, with the subsequent amendments and completions.

§  Law No. 223 of 24 July 2015 on the state military pensions, with the subsequent amendments and completions.

List of applicable legislation on other regulations on retirement conditions:

·       Law no. 1 of 5 January 2011 – Law of national education, with the subsequent amendments and completions;

§  Law no. 95 of 14 April 2006 on healthcare reform, with the subsequent amendments and completions;

§  Government Emergency Ordinance no. 144 of 28 October 2008 on the exertion of the profession of  nurse, midwife and medical assistant, as well as the organization and functioning of The Order of the Nurses, Midwives and Medical Assistants in Romania, with the subsequent amendments and completions;

§  Law no. 319 of 8 July 2003 on the Statute of Research and Development Staff, with the subsequent amendments and completions.

V - 1. Regulatory framework

Article 25. C102 and ECSS

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

Database of the MISSOC:

Basic principles.

Romania’s pension system is based on a compulsory social insurance (PAYG) scheme, with defined-benefits, financed by contributionspaid by the employees and the employer/assimilated employer, covering employees and self-employed, and providing earnings-related pensions depending on the length of contribution period and the level of earnings to which the contributions were paid.

V - 2. Contingency covered

Article 26. C102 and ECSS

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

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

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

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

The insured also can choose between Early Retirement Pension or Partial Early Retirement Pension provided they exceeded the full contribution period or even achieve it. Starting January 1st 2011, the Partial Early Retirement Pension is granted up to 5 years before the standard retirement age to a person who exceeds the full contribution period by up to 8 years while the Early Retirement Pension is granted up to 5 years before the standard retirement age to a person who exceeds the Full Contribution Period by at least 8 years.

Starting from January 2015 the standard retirement age is 65 years for men and 60 years for women. As provided by the present legislation, the standard retirement age for women is due to increase to 63 years by 2030. The minimum contribution period is 15 years for both men and women.

 
For the reference period year 1 July 2018 -30 June 2019, the standard retirement ages qualifying a person to draw an old-age pension, are the following:

Men: 65 years

Women:

July 20182019

60 61 Years years and 10 months

September - November 20182019:  

60 61 years and 11 2 months

January - May March 20192020

61 years and 3 months

May - June 20192020

61 years and 1 4 months

Special conditions apply to some categories of people such as:

·      people who contributed under special or difficult working condi­tions;

·      people with handicap;

·      the blind;

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

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

Following the enactment of Law 134/2014, published in the Official Gazette no. 753 of 16 october  2014, old-age pensioners may cumulate, starting 19 October 2014,  their  pension with  earnings from professional activities for which insurance is mandatory irrespective of their amounts (as prior of the law enactment, the cumulation was limited to  the value of the average gross earning).

According to the pension law, the following categories of pensioners may cumulate pension with incomes arising from situations where insurance is compulsory, regardless of the income level:

·         old-age pensioners;

·         blind people;

·         the 3rd degree invaliditydisability pensioners, as well as the children classified within the 3rd degree of invaliditydisability who receive survivor pension,  if they don’t exceed half of the full working time for incomes from dependent activities provided in art. 6 par. (1) point I lit. (a) and (b) or point II of Law No.263/2010 (failure to comply with this requirement results in pension suspension);

·         the children  who receive survivor pension, respectively those up to the age of 16 and those who continue their studies in an educational institution organized under the law, until their graduation, but without exceeding the age of 26 years;

·         the surviving spouse may cumulate the survivor pension with earnings from activities provided in art. 6 par. (1) point I lit. (a) and (b) or point II of Law No.263/2010, with subsequent amendments and completions, if they do not exceed 35% of the average gross wage earning (failure to comply with this requirement results in pension suspension);

·         local and county counselors.

In the public pension system, all cathegories af of pensioners can cummulate their pension with incomes from independent activities and intellectual property rights, as regulated by the Fiscal Code, regardless of their level.

According to the Law no. 263/2010,  as amended and supplemented, pension payment is suspended from the month following the month in which the beneficiary of an early retirement  pension or a partial early retirement pension engages is in a gainfull activity under an employment contract or as a public servant or a cooperative member of a craft cooperative organization, carries activity in elective positions or is appointed within the executive, legislative or judicial authority. Same rule of suspension applies for Ist and II degree invalidity pension recipients and survivor pensioners classified with Ist and II degree invalidity..

V - 3. Persons protected

Article 27. C102 and ECSS

The persons protected shall comprise:

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

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

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

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

Persons protected under this Article are : Romanian citizens, foreign citizens or stateless persons as long as they, by law, domicile or have their residence in Romania as follows: 

·      employees,

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

·      civil servants,

·      unemployed,

·         persons whose incomes are treated as wages,persons who earn income persons who earn incomes from independent activities and / or from intellectual property rights, if their monthly average net income exceeds the threshold of the Minimum Gross Wage,  i.e. RON 2,080 in 20192,230 in 2020,

·       other persons, including the voluntarily insured persons.

Also, can be insured in the public pension system Romanian citizens, citizens of other countries and stateless persons who are not domiciled or resident in Romania, under the terms of international legal instruments to which Romania is a party.

The number of people active at national level, insured in the overall system (public pensions and other social insurance rights) during the reference period was 5.703.639 5.877.319  (employees and other persons insured).

In accordance with Article 76 of Title II of the Report, the purpose of protection is fulfilled as follows:

The number of economically active persons protected: 5,703,6395,685,426

The total number of residents:                                           19,405,00019,042,936

Percentage:                                                                            29,39%

V - 4. Level and Calculation of Benefit

Article 28. C102 and ECSS

The benefit shall be a periodical payment calculated as follows:

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

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

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

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

The old-age pension provided by the public pension system is paid on a monthly basis and calculated using a point system.

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

The Old-Age Pension formula is:

OAP = PPV *AAS

Where:  

OAP           =    Old-Age Pension

PPV           =    Pension Point Value

AAS           =    Annual Average Score =  AS/FCP

AS              =    Annual Score =  MS/12

FCP           =    Full Contribution Period

MS             =    Monthly Score = RE/AGE

RE             =    Reference earnings

AGE           =    Average Monthly Gross Earnings (‘realised’ – i.e. the actual outturn - at national level as reported by the National Institute of Statistics)

The monthly score is equal to the person's monthly gross earnings divided by the average gross earnings.

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

The annual average score is equal to the sum of the annual scores divided by the number of years corresponding to the full contribution period provided by the law at the date of retirement.

The old-age pension with reduced standard retirement age, the early retirement pension, and the partial early retirement pension are calculated in the same way as the old-age pension. Nevertheless, the non contributory periods are not taken into account for early retirement pension and partial early retirement pension calculation purposes. In case of partial early retirement pension, the amount is re­duced in relation to the length of contribution period and the number of months by which the standard retirement age is reduced. The monthly penalty ranges between 0.50% for a person who exceeded the full contribution period by up to 1 year and 0.15% for a person who exceeded the full contribution period by 7 to 8 years.

The insured person, who continues to contribute to the public system of pensions after becoming eligible for receiving an old-age pension, is entitled to an increased score achieved in this period by 0.5% per month. The increase of the monthly score won’t be granted for the periods when the pension is cumulated with wage incomes.

The value of the pension point is increased by 100% of average annual inflation rate, to which it shall be added 50% of the real increase of the of average gross wage earning (art. 102 para. (2) of Law No. 263/2010). Starting with 2013, the indicators used for determining the value of the pension point for the next year, shall be the final ones, known in the current year for the previous calendar year, communicated by the National Institute of Statistics. In the event that one of the indicators has a negative value, when determining the amount of the pension point there shall be used the indicator with positive value.

According to the provisions of art.2 para. (1) of Government Emergency Ordinance no.2 / 2017 regarding some fiscal-budgetary measures, as well as the amendment and completion of some normative acts, starting with 1 July 2017, by way of derogation from the provisions of art. 102 para. (2) of Law No. 263/2010, with the subsequent amendments and completions, the value of the pension point, established according to art. 12 paragraph (1) of GEO no. 99/2016, was increased by 9% and was 1,000 RON.

Starting with 1 July 2018, a new 10% increase of the pension point value was added so that the new pension point applied starting July 1, 2018 is 1,100 RON [art. I para. (1). of Government Emergency Ordinance No.82 / 2017 on amending and completing some normative acts].

According to art. 31 of Government Emergency Ordinance no. 114/2018, by way of derogation from the provisions of art. 102 par. (2) of the Law no. 263/2010 on the unitary pension system, with subsequent amendments and completions, starting with 1st September of 2019,  the pension point value was increased to 1,265 RON [art. 86 para. (2). letter a) of Law no. 127 of 8 July 2019 concerning the public pensions system, published in the Official Journal no. 563 of 9 July 2019.

The evolution of the pension point value, starting 2011, is presented below.

2011

1 January-31 DecemberJanuary

732,8

2012

1 January-31 DecemberJanuary

732,8

2013

1 January-31 DecemberJanuary

762,1

2014

1 January-31 DecemberJanuary

790,7

2015

1 January-31 DecemberJanuary

830,2

2016

1 January-31 DecemberJanuary

871,7

2017

1January-30 June

917,5

2017

1 July-31 December

1,000

2018

1January-30 June

1,000

2018

1 July-31 December

1,100

2019

1 January – 31 August

1,100

1-September -31 December

1,265

2020

since 1st of January onward

1,265

Also, aAccording to art. 31 of Government Emergency Ordinance no. 114/2018, by way of derogation from the provisions of art. 102 par. (2) of the Law no. 263/2010 on the unitary pension system, with subsequent amendments and completions, starting with 1 September 2019, the pension point value is increased by 15% and is Ron 1,265.

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

Old age pension calculation for the standard beneficiary

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

Starting with 1st September of 2019,  the pension point value was 1,265 RON [art. 86 para. (2). letter a) of Law no. 127 of 8 July 2019.According to article 1 of Government Emergency Ordinance no. 82/ 2017, since 1 July 2018 the pension point value is 1.100 RON.

The average gross wage used at the establishment of the state social security budget for the year 20182020, according to art. 15 of Law no. 36/20182020, is 4.1625,429 RON. We consider that the sum of 4.1625,429 lei representing the gross average wage gain used to establishment of the state social security budget for the year 2018 2020 has no relevance in determining the replacement rate, therefore the replacement rate will be calculated using the net average wage gain for 2018 2020 of 2,6963,176 lei.

Applying Article 65, paragraph 6, letter c) of the Code: the reference income of a standard beneficiary is 125% of net average salary (2.6963,176 RON in 20182020), i.e. 1.25 * 2.6963,176  = 3.3703,970  RON in 20182020.

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

1st July 2017 – 30th  June 20182020

C. Standard wage of a skilled manual male employee      3.3703,970 RON  RON

D. Amount of old-age pension granted after 30 years of insurance 1.281 RON1,355 RON

G. Replacement rate D./. C = 1.2811,355 RON/3.3703,970 RON = 38 34,13 %

The national legislation guarantees a minimum pension amount. Law no.196/2009 approved G.E.O. no.6/2009, establishing the guaranteed minimum social pension. Later on, the phrase "guaranteed minimum social pension" was substituted by syntagma "social allowance for pensioners".

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

The Government Emergency Ordinance no. 82/2017 sets the social allowance for pensioners at the level of RON 640 RON, starting 1st of July 2018. Starting 1stof September 2019 the level of social allowance for pensioners is RON 704 (Art. 32 of GEO No.114/2018).

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

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

2019 CEACR’s conclusions

Part V (Old-age benefit), Article 28 of the Code. Calculation of the pension replacement rate.  In its previous conclusions, the Committee requested the Government to take measures to guarantee the level of old-age benefit required by the Code. The Committee notes that the Government has recalculated the replacement rate of an old-age pension for a standard beneficiary by comparing the standard pension attained after 30 years of contributions with the net wage instead of the gross wage of a skilled manual male employee determined in accordance with Article 65(6)(c), of the Code. In this case, the recalculated replacement rate would attain 38 per cent in 2018, which is still below the level of 40 per cent prescribed by the Code. The Committee therefore concludes that Romania still does not comply with Article 28 of the Code and reiterates its request to the Government to take measures to increase the level of old-age benefits up to the level required by the Code. Moreover, it requests the Government to specify in more detail the way the standard old-age benefit has been calculated indicating in particular the amount of the assumed annual average score, of the correction index applied and of the pension point value. In addition, the Committee requests the Government to explain whether old-age pensioners are liable to pay income tax and/or any social security contributions.

Please provide a reply to the Committee’s request.

Index of Correction

According to art. 170 of Law no. 263/2010 on the unitary public pension:

"(1) For the registered pensioners, from the date of entry into force of this law, the average annual score determined in terms of art. 95 is applied a correction index calculated as the ratio of 43.3% of the gross average earnings in the preceeding year and the pension point value in force at the time.
(2) Paragraph (1) is applied only once, at the initial enrollment in retirement. "

According to the provisions of art. 17 of Law no. 3/ 2018 on the social insurance budget for 2018, since 1 January 2018 the correction index was 1.15.
Since 1 January 2019, the correction index was 1.20, according to the provisions of art. 33 of Government Emergency Ordinance no. 114/2018.

Since 1 January 2020, the correction index was 1.41, according to the provisions of art. 17 of Law no. 6/ 2020 on the social insurance budget for 2020.

According to the Fiscal Code provisions, 10% income tax applies to pensions bigger than RON 2,000. The quota applies only to the amount that exceeds the RON 2,000 threshold.

Also, pension income is exempted from the payment of 10% social insurance contribution for health.

Furthermore, all benefits financed from the state social insurance budget are exempted from the payment of pension insurance contribution.

V - 5. Adjustment of benefits

§10 Article 65, §8 Article 66. C102 and ECSS

The rates of current periodical payments in respect of old age, employment injury (except in case of incapacity for work), invalidity and death of breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living.

     

Pensions are increased annually by way of raising the pension point value. The increase of the pension point value is one of the social protection measures with positive impact for the beneficiaries of the public pension system as regards improving their standard of living.which is adjusted by 100% of the average annual inflation rate plus 50% of the real increase in the gross average earnings (art.102 Law 263/2010).

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.

Yet, by Law no. 160/2017 was decided that the annual increases in the pension point value are minimum thresholds and higher values of the pension point can be set by the annual state social insurance budget, with the observance of the Fiscal-Budgetary Responsibility Law no. 69/2010, republished, and in line with the corresponding fiscal-budgetary strategy.

Correction Index

According to art. 170 of Law No. 263/2010 on the unitary public pension system, in conjunction with art. 17 of Law Nono. 36/2018 2020 on the social insurance budget on 20182020, in 2018 2020 the index of correction is 1.1541.

The correction index is used to lift the first pension in line with wages.

According to art. 170 para. (1) of Law no. 263/2010 on the unitary public pension, with subsequent amendments and completions, for persons registered as pensioners starting with 1.01.2011, at the average annual score determined under the conditions of art. 95 of the law applies a correction index calculated as a ratio between 43.3% of the gross average earnings earned and the value of a pension point in force at the date of retirement, updated with the average annual inflation rate for 2011.

Thus, the average gross wage earned in 2016, namely the final one, known in 2017 – prior to the year in which pension entitlement is opened - 2018, communicated by the National Institute of Statistics, is 2,809 lei.

Thus, the average gross wage earned in 2017, namely the final one, known in 2018 – prior to the year in which pension entitlement is opened - 2019, communicated by the National Institute of Statistics, is 3,223 lei.


According to art. 170 of Law no. 263/2010 on the unitary public pension system, in conjunction with art. 18 of Law no. 7/2017, in year 2017 the index of correction is 1.14 until 1 July 2017 and 1.05 after 1 July 2017.

In 2018, the correction index established by Law No. 3/2018 on the state social insurance budget is 1,15, while for 2019 the correction index is 1,20 as established by GEO no.114/2018.

2018 CEACR’s conclusions

Article 65(10) of the Code. Adjustment of long-term benefits to the cost of living. The Committee notes the information provided by the Government in reply to its previous request concerning adjustment of long-term benefits to the cost of living.

Please provide a reply to the Committee’s request.

RF/C102/ECSS:

1. Please state the methods adopted for giving effect, where necessary, to the provisions of paragraph 10 of Article 65 or of paragraph 8 of Article 66 of C102 and the ECSS.

2. Please give the following information:

Period under review

Cost-of-living index

Index of earnings[2]

A. Beginning of period[3] ………………………..

B. End of period[4]………………………………..

C. Percentage A…………………………………

                           B

….………………………...

…….……………………..

…………………………

………………………..

……………………….

………………………..

3. Please state whether the amount of the periodical payments has been reviewed during the period of reference. If so, please indicate the changes made in the level of benefits and furnish the following information:

Period under review*

Benefit

Average per beneficiary**

I

Benefit for standard beneficiary**

II

Other estimates of benefit levels**

III

A. Beginning of period ………

B. End of period …………………

C. Percentage A…………………

                           B

….………………………...

…….………………………

…………………………….

….………………………...

…….………………………

…………………………….

……………………………

……………………………

……………………………

* This period should, as far as possible, coincide with the period referred to in the table under paragraph 2.

** Please give such data in columns I, II and III as will show the percentage variation of the benefit.

Year

Average monthly pension (RON)

Year

Average monthly pension (RON)

2011

753

20162015

948892

2012

773

20172016

1069948

2013

805

20182017

11721069

2014

846

20192018

15631172

2015

892

V-6. Qualifying period

Article 29. C102 and ECSS

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

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

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

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

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

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

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

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

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

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

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

Starting 1st January 2015, the minimum contribution period both for women and men is 15 years.

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

·      benefited from invalidity pension,

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

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

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

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

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

The insured person who attended several higher forms of education benefits from a single period of study assimilated as contribution period, at choice.

V -7. Duration of Benefit

Article 30. C102 and ECSS

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

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

In the public pension system, social security benefits substitute the total or partial loss of insured income as a result of old age, invalidity or death. When these  insured risks occur (invalidity, old age and death), the institutions of the public system of pensions grant social insurance benefits to the insured, in compliance with the provisions of the law.

V - 8. Suspension of Benefit

Article 69. C102, Article 68. ECSS

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

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

(b) as long as the person concerned is maintained at public expense, or at the expense of a social security institution or service, subject to any portion of the benefit in excess of the value of such maintenance being granted to the dependants of the beneficiary;

(c) as long as the person concerned is in receipt of another social security cash benefit, other than a family benefit, and during any period in respect of which he is indemnified for the contingency by a third party, subject to the part of the benefit which is suspended not exceeding the other benefit or the indemnity by a third party;

(d) where the person concerned has made a fraudulent claim;

(e) where the contingency has been caused by a criminal offence committed by the person concerned;

(f) where the contingency has been caused by the wilful misconduct of the person concerned;

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

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

§  Beneficiary of an early retirement or a partial early retirement pension is found in one of the situations provided in art. 6 par. (1) point I lit. (a) and (b) or point II of Law No.263/2010, with subsequent amendments and completions;

§  the disability pensioner, and the survivor pensioners  provided by the law did not attend the compulsory medical re-examination, the convening of the National Institute of Medical Expertise and Recovery of Work Capacity or the regional centres of medical expertise of work capacity, or did not attend the rehabilitation programmes;

§  first or second degree invalidity pensioner, as well as the beneficiaries of survivor pension classified with 1st or 2nd degree disability is found in one of the situations provided in art. 6 par. (1) point I lit. (a) and (b) or point II of Law No.263/2010, with subsequent amendments and completions;;

§  third degree degree invalidity pensioner, as well as the child in the third degree of disability who is the beneficiary of a survivor pension, earn monthly income being in one of the situations provided by art. 6 par. (1) point I lit. (a) and (b) or point II of Law No.263/2010, with subsequent amendments and completions, exceeding half of the normal work schedule for that job;

§  the child who receives survivor pension has reached the age of 16 and does not make proof of continuing education;

§  the surviving spouse, who is beneficiary of a survivor pension is found in one of the situations provided in art. 6 par. (1) point I lit. (a) and (b) or point II of Law No.263/2010, with subsequent amendments and completions and earns monthly gross incomes above 35% the average gross earnings;

§  the surviving spouse, who is the beneficiary of a survivor pension, has remarried;

§  the surviving spouse, who is the beneficiary of a pension within the public system of pensions, opts for another pension, under the  law, within the same system, or within another social insurance system, not-integrated into the public pension system.

§  the children of  soldiers, policeman or civil servants with special status deceased following specific actions they were involved, to whome the right to a survivor's pension has been opened in the public pension system, opt for another pension, according to art. 55 para. (1 ^ 1) of Law no. 223/2015 on state military pensions, with subsequent amendments and completions.     

§                                                                                                                                                       

Resumption of the suspended pension payment is made on demand and is granted starting with the next month subsequent to the month in which the suspension cause has ceased, if the application was filed within 30 days since the cause of suspension was terminated or from the month following the application’s date, if the submission was made after the expiry of the period above mentioned.

V - 9. Right of complaint and appeal

See under Part XIII-2

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

The decision is communicated to the person who claimed the benefit within 5 days from the date of its issuance.Acceptance or rejection decisions are to be communicated in writing both to the person entitled and to his/her employer.

The pension decisions issued by the territorial pension houses may be appealed to the competent court, within 45 days following of the notification.The undisputed pension decisions are definitive.Article 149 of Law no.263 of 16 December 2010