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, 2018~~Consolidated 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 1^st July 2014 to 30^th June 2016 made by the Government of Romania in accordance with Article 76 of the European Code on Social Security on the position of national law and practice in regard to the matters dealt with in Parts of the European Code of Social Security which have not been specified in the ratification of the Code or in a subsequent notification

· 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 6^th 2018), applied since December 6^th 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 10^th, 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 28^th 2018), applied since July 1^th 2018 (Partea II – Medical care);

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

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.

(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;

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;

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.

Dec.~~2018~~2019

31 March ~~2019~~2020

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

17.551.619~~18.405.356~~

17.599.145~~18.346.276~~

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

3.812.886~~4.281.523~~

3.440.991~~4.296.126~~

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

21.364.505~~22.686.879~~

21.040.136~~22.642.402~~

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. ~~2018~~2019

31 March ~~2019~~2020

Number of children up to the age of 18

3.670.114~~3.697.254~~

3.694.938

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

664.279~~763.775~~

614.090~~766.972~~

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 1^st ~~2018~~ 2019 and June 30^st ~~2019~~ 2020 - general ultrasound – abdomen and pelvis

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

- - for the period July 1^st ~~2018~~ 2019 and June 30^st ~~2019~~2020: 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 1^st ~~2018~~ 2019 and June 30^st ~~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.

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 1^st ~~2018~~ 2019 and June 30^st ~~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 31^th 2018) and~~ G.D. no 140/2018 (applied since April 1^th 2018 until December 31^th ~~2019~~2020) 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 1^th 2018 until December 31^th ~~2019~~2020) 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 c~~d) 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, 2019~~From 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 436/2017~~537/2018~~.

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 1^st 2018 t~~The 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;

(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:

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:

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;

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;

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;

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;

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

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:

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 29^th, 2005), as further completed or amended;

· ~~Order of the Minister of Health and of the President of the National Health Insurance House no 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.

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

The minimum insurance~~qualifying~~ 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 insurance~~qualifying~~ 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;

(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;

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.

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:

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).

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

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 contributions~~paid 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 ~~2018~~2019	60 61 ~~Years~~ years and 10 months
September - November ~~2018~~2019:	60 61 years and 11 2 months
January - ~~May~~ March ~~2019~~2020	61 years and 3 months
May - June ~~2019~~2020	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 invalidity~~disability~~ pensioners, as well as the children classified within the 3rd degree of invalidity~~disability~~ 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 2019~~2,230 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: 5,703,639~~5,685,426~~

The total number of residents: 19,405,000~~19,042,936~~

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 individuals~~all 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 1^st 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 December~~January~~	732,8
2012	1 January-31 December~~January~~	732,8
2013	1 January-31 December~~January~~	762,1
2014	1 January-31 December~~January~~	790,7
2015	1 January-31 December~~January~~	830,2
2016	1 January-31 December~~January~~	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
2019	1-September -31 December	1,265
2020	since 1st of January onward	1,265

~~Also, a~~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 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 ~~2018~~2020, according to art. 15 of Law no. 36/~~2018~~2020, is ~~4.162~~5,429 RON. We consider that the sum of ~~4.162~~5,429 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 ~~2,696~~3,176 lei.

Applying Article 65, paragraph 6, letter c) of the Code: the reference income of a standard beneficiary is 125% of net average salary (~~2.696~~3,176 RON in ~~2018~~2020), i.e. 1.25 * ~~2.696~~3,176 = ~~3.370~~3,970 RON in ~~2018~~2020.

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):

~~1^st July 2017 – 30^th~~ June ~~2018~~2020

C. Standard wage of a skilled manual male employee ~~3.370~~3,970 RON ~~RON~~

D. Amount of old-age pension granted after 30 years of insurance ~~1.281 RON~~1,355 RON

G. Replacement rate D./. C = ~~1.281~~1,355 RON/~~3.370~~3,970 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 1^stof 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 ~~2018~~2020, 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…………………………………

….………………………...

…….……………………..

…………………………

………………………..

……………………….

………………………..

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**

Benefit for standard beneficiary**

Other estimates of benefit levels**

III

A. Beginning of period ………

B. End of period …………………

C. Percentage A…………………

….………………………...

…….………………………

…………………………….

….………………………...

…….………………………

…………………………….

……………………………

* 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	2016~~2015~~	948~~892~~
2012	773	2017~~2016~~	1069~~948~~
2013	805	2018~~2017~~	1172~~1069~~
2014	846	2019~~2018~~	1563~~1172~~
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 1^st 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 1^st of January 2005, from leave for temporary working incapacity due to work accidents and occupational diseases,

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

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

The insured person who attended several higher forms of education benefits from a single period of study assimilated as contribution period, at choice.

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;

(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 on the Unitary System of Public Pensions,~~ ~~as amended and supplemented,~~ provides that appeals against the decisions issued by the territorial houses of pension have to be submitted to the Central Commission for Appeals within 30 days after the notification. ~~The decision issued by the territorial houses of pension, if not appealed in due time, shall remain final. The Central Commission for Appeals operates within the National House of Public Pensions.~~

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

V - 10. Financing and Administration

Article 71. C102, Article 70. ECSS

See under Part XIII-3. Common provisions.

The public pension system in Romania is managed and guaranteed by the State and it has a compulsory character. The public system of pensions, based on intergenerational solidarity is organised and operates based on the principle of contributiveness, according to which the social insurance funds are set up on the contributions owed by the natural and legal persons, participants in the public pension system, while the social insurance rights are rendered under the social insurance contributions paid.

The public pension system is based on the "pay‑as‑you‑go" principle, with the social insurance contributions ~~paid by employers and employees~~ representing the main source of revenue to the system. Social insurance contributions rates depend on the working conditions set for the employees and are established by the Fiscal Code.

As provided by law, the employer or the assimilated employers must calculate and pay, on monthly basis, the social security contributions owed to the state social insurance budget, together with the individual contributions retained from the insured.

For the year ~~2018~~ 2019 and ~~2019~~2020, social insurance contribution rates were established as follows:

Contribution for ~~2018~~ 2019 and ~~2019~~2020

Employees:

· Calculation base: gross earnings; no ceiling.

· Rate: 25% (including 3.75% for Pillar 2 (i.e. the supplementary compulsory funded social insurance scheme as conventionally defined)).

· Exemption between January 2019 and December 2028: 21.25% for construction sector employees (no contribution to Pillar 2).

Employer:

· Calculation base: total gross earnings; no ceiling.

· Rate: the contribution rate varies with the working conditions:

Working Rate

conditions (%)

Normal 0

Difficult 4

Special 8

Part VI. Employment Injury Benefit

Not accepted by Romania

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

List of applicable legislation

§ Law no. 346 on 5th of June 2002, republished, on the insurance for employment injuries and professional diseases, published in the Official Journal of Romania, Part I no. 722 on the 12th of November 2009, with its subsequent amendments and complements;

§ Law no. 319 on the 14th of July 2006, Law on security and safety at work, published in the Official Journal of Romania, Part I no. 646 on 26th of July 2006, with its subsequent amendments and complements;

§ Law no. 263 on 16th of December 2010 on the unitary system of public pensions published in the Official Journal Part I no. 852 on the 20th of December 2010, with its subsequent amendments and complements;

§ The Decision of Government no. 257 on the 20th march 2011 for the approval of norms of application of provisions of Law no. 263/2012 on the unitary system of public pensions, published in the Official Journal Part I no. 214 on 28th of March 2011;

§ Order no. 450/825 on the 6th of June 2006 for the approval of methodological norms for the application of Law no. 346/2002 on the insurance for employment injuries and professional diseases, published in the Official Journal Part I no. 708 on 17th of August 2006, amended by Order no. 213 on the 18th of February 2009, published in the Official Journal Part I no. 257 on the 7th April 2009;

§ Order no. 1378 on the 23rd of September 2011 for the approval of procedure for investigation and diagnosis of professional diseases, as well as of the list of benefits of related medical benefits, published in the Official Journal Part I no. 748 on the 25th October 2011;

§ The Emergency Romanian Government Ordinance no. 117 in 2010 upon amending and completion of Law no. 571/2003 on the Fiscal Code and the Regulation of some financial – fiscal measures, published in the Official Journal Part I no. 891 on the 30th of December 2010.

VI - 1. Regulatory framework

Article 31. 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 employment injury benefit in accordance with the following articles of this Part.

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

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

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

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

b) delay interests and penalties;

c) other incomes, according to the law.

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

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

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

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

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

b) the professional rehabilitation and recovery;

c) the allowance for temporary incapacity of work;

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

e) the compensations for prejudice to integrity;

f) the damages for death;

g) the refunds of expenses;

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

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

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

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

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

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

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

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

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

VI - 2. Contingency covered

Article 32. C102 and ECSS

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

а) a morbid condition;

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

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

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

Definition of risk

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

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

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

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

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

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

The qualification period – not necessary.

The awaiting period – not necessary.

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

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

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

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

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

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

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

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

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

An accident at work shall also be:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

b) accidents that lead to invalidity;

c) fatal accidents;

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

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

VI - 3. Persons protected

Article 33. C102 and ECSS

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

The conditions for being entitled to benefits are as following:

- to have the status of person insured;

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

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

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

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

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

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

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

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

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

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

b) active partners, administrators or managers;

c) members of family association;

d) persons authorised to pursue independent activities;

e) persons employed in international institutions;

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

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

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

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

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

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

VI - 4. Medical Care

Article 34. C102 and ECSS

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

2. The medical care shall comprise:

a) general practitioner and specialist in‑patient care and out‑patient care, including domiciliary visiting;

b) dental care;

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

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

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

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

3 [4 – C102]. The medical care provided in accordance with the preceding paragraphs shall be afforded with a view to maintaining, restoring or improving the health of the person protected and his ability to work and to attend to his personal needs.

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

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

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

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

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

a) medical rehabilitation and recovery of capacity of work;

b) rehabilitation and professional reconversion;

c) allowance for temporary incapacity of work;

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

e) compensations for prejudice to integrity;

f) damage in case of death;

g) reimbursement of expenses.

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

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

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

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

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

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

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

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

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

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

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

e) reconstruction surgery services;

f) balneo - climacteric cures;

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

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

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

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

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

d) reconstruction surgery services;

e) balneo - climacteric cures;

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

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

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

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

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

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

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

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

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

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

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

VI - 5. Vocational rehabilitation

Article 35. C102 and ECSS

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

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

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

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

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

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

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

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

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

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

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

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

The provisions mentioned above shall not apply:

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

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

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

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

d) reconstruction surgery services;

e) balneo - climacteric cures;

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

And

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

VI - 6. Benefits in cash

Article 36. C102 and ECSS

1. In respect of incapacity for work, total loss of earning capacity likely to be permanent, or corresponding loss of faculty, or the death of the breadwinner, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66.

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

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

a) where the degree of incapacity is slight; or

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

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

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

Benefits and services	Level of benefits
allowances for temporary incapacity of work, for shortening the working time or for the temporary transfer to another workplace	The basis for calculation of allowances for temporary incapacity of work, for shortening the working time or for the temporary transfer to another workplace shall be calculated as average monthly-earned gross incomes of the employee during the last 6 months prior to the time when the risk emerged, or of the incomes stipulated in the individual insurance contracts, respectively, based on which the contribution to the insurance against accidents at work and occupational diseases was established. In case the contribution period is shorter than 6 months, the basic amount of calculation of the allowances for temporary incapacity of work, for shortening the working time or for the temporary transfer to another workplace shall be represented by the average of the monthly-earned gross incomes, or of the incomes stipulated in the individual insurance contracts, respectively, based on which the contribution to the insurance against accidents at work and occupational diseases was established. In case the contribution period is shorter than one month, the basic amount of calculation of the allowances shall be represented by the monthly gross income of the first month of activity for which the contribution was established to be paid. For the calculation of the allowances for temporary incapacity of work, for shortening the working time or for the temporary transfer to another workplace the number of working days during the month when the medical leave is taken or, as applicable, other social insurance benefits are requested, shall be used. When establishing the number of working days during the month when the benefit for accidents at work and occupational diseases is granted, the legal provisions concerning the non-working legal holidays shall be had in view.
benefits and services for rehabilitation and professional reconversion	The benefits and services for rehabilitation and professional reconversion shall be granted by the insurer at the request of the policy holder who, although they did not completely loose their capacity of work, can no longer perform the activity for which they were qualified, as a result of an accident at work or of an occupational disease. The insurer shall take over as its duty the expense for the following benefits and services of rehabilitation and professional reconversion: a) the expenses for the medical and psychological services for evaluating the physical, medical condition and skills in view of professional reconversion; b) the cost of qualification or reconversion courses; c) the payment of allowances for the duration of the qualification and reconversion courses. The allowance for the duration of the qualification and reconversion courses shall be granted monthly and shall represent 70% of the gross basic wage of the insured person, had at the time when the accident at work or occupational disease occurred. The allowance shall only be granted if the insured person does not benefit, for the duration of the qualification and reconversion courses, by an allowance for temporary incapacity of work or by the 3rd degree invalidity pension, granted according to the law. The allowance for the duration of the qualification and reconversion courses shall only be granted only if the insured person complies with the provisions of the insurer regarding the following: a) the institution where the course is going to be held; b) the training programme; c) the graduation modality.
allowance for temporary incapacity of work	The amount of the allowance for the temporary incapacity of work represents 80% of the average gross wage incomes earned over the last 6 months prior to the time when the risk occurred. In case of insured mentioned Art. 33 point II (above), the amount of the allowance for temporary incapacity of work shall be 80% of the average gross wage incomes earned over the last 6 months prior to the time when the risk occurred. The amount of the allowance for temporary incapacity of work in case of medical and surgery emergency shall be of 100% of the average gross wage incomes earned over the last 6 months prior to the time when the risk occurred. The allowance for temporary incapacity of work in case of accident at work or professional disease shall be covered during the first 3 days of incapacity by the employer, and starting with the 4th day of incapacity, from the contribution to the insurance against accidents at work and occupational diseases. The period of granting of the allowance for the temporary incapacity of work shall be of 180 days over one year, calculated from the first day of the medical leave. In circumstances well-justified by the possibility of medical and professional recovery of the policy holder the general practitioner may propose to extend the medical leave over 180 days. The physician of the insurer may decide, as applicable, to extend the medical leave for purposes of continuing the recovery programme, that the activity be resumed in the same workplace or in another workplace or he may propose an invalidity retirement. The extension of the medical leave over 180 days shall be allowed for 90 days at the most, depending on the progression of the disease and on the results of the recovery actions, according to the procedures established by CNPP. The allowance for temporary incapacity of work owed to the accidents at work and occupational diseases shall be granted based on the medical certificate according to the legal provisions. In case the expert physician of the social insurance within the public pension system shall decide on the classification into a certain invalidity rank, the allowance shall be granted by the end of the month following the one when the retirement approval was granted, without exceeding the maximum duration of the medical leave, respective 90 days over 180 days maximum admissible.
allowance for the temporary transfer to another workplace and allowance for shortening the working time	The policy holder who, owing to an occupational disease or an accident at work, can no longer carry out their activity at the workplace held before the insured risk emerged may be temporarily transferred to another work place. The allowance for the temporary transfer to another workplace shall be granted provided the monthly gross wage income earned by the policy holder at the new workplace is less than his average monthly incomes over the last 6 months, calculated as of the time when the disease was discovered. The allowance for shortening the working time by one fourth of the normal duration, as a result of certain diseases caused by accidents at work or occupational diseases, shall be granted to the policy holder who, under these conditions, can no longer keep up with the normal working time. The allowances provided in paragraph 2 and 3 mentioned above shall be granted at the proposal of the general practitioner and with the approval of the physician of the insurer for 90 days at the most in a calendar year, over one or more stages. The monthly amount of the allowances shall equal the difference between the average gross wage incomes earned over the last 6 months and the gross wage income earned by the policy holder at the new workplace or by shortening the normal time of work, without exceeding 25% of the basic amount of calculation.
compensations for prejudice to integrity	The policy holders who, as a consequence of the accidents at work or of occupational diseases, have permanent injuries that cause deficiencies and reduce the capacity of work with 20 - 50% shall be entitled to a compensation for prejudice to integrity. The compensation shall be granted at the request of the rightful applicant, based on the decision of the physician of the insurer, in compliance with the conditions above mentioned. The compensation for prejudice to integrity shall be a fixed amount in cash and shall be fully granted once without affecting the other rights or allowances to which the policy holder is entitled, and shall not be considered at the calculation amount for determining these rights. The amount of the compensation for prejudice to integrity shall be established depending on the seriousness of the injury, within the limits of a maximum threshold of 12 gross average wages, communicated by the National Statistics Institute. The criteria and scales based on which it is granted the compensation for prejudice to integrity shall be established by a decision of the president of NFPOSIB.
damages in case of death	In case of death of the policy holder, as a result of an accident at work or of an occupational disease, only one person shall benefit by damages in case of death, and this person may be, as applicable: the survivor spouse, child, parent, guardian, trustee, heir, under the terms of the common law, or, in its absence, the person that proves that the covered the funeral costs. The amount of the damages in case of death shall be of 4 gross average wages, communicated by the National Statistics Institute. The request for obtaining the damages in case of death shall be submitted at the head office of the insurer, accompanied by the acts attesting the right of the applicant, according to the Law no.346/2002, republished. The admission or rejection of the request shall be expressed in a decision issued by insurer within 20 days as of the date of submission of application. The decision shall be communicated in a written notification to the applicant within 5 days as of the date of its being issued. The payment of the damages in case of death shall be carried out within 15 days as of the date of communicating the decision.
refund of expenses	The insurer shall grant refunds of expenses in the following circumstances: a) the emergency transport, in well-justified cases, when the salvage of the victim imposes the use of other means than the usual ones; b) the manufacturing of glasses, of the acoustic devices, of the eye prosthesis, in case they have been deteriorated as a result of an accident at work that caused body injuries; c) in case of applying of medical devices that can be implanted by surgery in view of recovery of the organic, functional or physical caused by accidents at accidents at work and occupational diseases. The costs covered by the insurer shall be destined to insure the recovery of the functionality of the body of the policy holder, and their quantum shall be established on an annual basis by a decision of the NFPOSIB.

VI – 7. Right of complaint and appeal

§1§3. 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.

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.

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

In first instance the tribunals shall settle disputes regarding:

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

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

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

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

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

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

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

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

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

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

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

Part VII. Family Benefit

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

Category	Information available	Information missing / questions raised by the CEACR
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

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

List of applicable legislation

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

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

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

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

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

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

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

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

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

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

VII - 1. Regulatory framework

Article 39. C102 and ECSS

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

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

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

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

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

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

b) social assistance benefits for child and family support;

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

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

Fight against poverty and social exclusion continues to be a national priority and the reform of the minimum income program is planned to be finalized in April 2021. In October 2016 the Romanian Parliament adopted the Minimum Inclusion Income Law no. 196/2016 which will enter into force starting from April 2019. According to the Government Emergency Ordinance no. 82/2017 was approved the prorogation of the implementation of the minimum inclusion income law until April 2019 in order to ensure that all the administrative measures for the implementation of this law will be ready.

The implementation of the Law no. 196/2016 depends on the elaboration of the National Information System for Social Assistance and also, on the capacity of the local public administration authorities to ensure data processing of the beneficiaries and to verify the eligibility criteria. All the applications forms and all the justifying documents which will be submitted by the beneficiaries in order to receive the minimum inclusion aid, has to be electronically processed by the Local Council staff using the National Information System for Social Assistance.

In November 2018, the Government approved the prorogation of Minimum Inclusion Income law, until 2021, according to the Government Emergency Ordinance no. 96/2018. The decision was to maintain the application of the actual Law no. 416/2001 on Minimum Guaranteed Income, with subsequent amendments and completions, for a period of at least 2 years, in order to have time to develop and test the IT system, to be sure that it will take over all the actual payments, without affecting the actual rights of the beneficiaries.

VII - 2. Contingency covered

Article 40. C102 and ECSS

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

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

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

Family benefits are granted to the family and take into account childbirth, education and childcare. The types of family benefits granted during 1 July 2011 to 30 June, ~~2019~~2020:

State allowance for children is a universal right, granted by the State for all children up to age 18, without discrimination. Young people, after age 18, attending high school or professional school, are entitled to state allowance for children up to the completion of these studies. Also children of residing foreign citizens and stateless persons enjoy this right under the law in Romania. State allowance is given in different amounts, as follows (amounts for ~~2019~~2020, starting with 1^st of ~~April~~January):

o ~~150~~ 156 lei for children with the age between 2 years and 18 years old, and also for young people after the age of 18 until they finish the educational courses or vocational educational courses.

o ~~300~~ 311 lei for children with the age up to 2 years old or up to 18 years old, in the case of children with disability.

Type of benefit	Age of the children	July 2011 - 2014 (lei)	2015 (lei)	2016 – March 2019 (lei)	~~Sem. I~~ April - December 2019 (lei)	January –June 2020 (lei)
State allowance for children (amounts incresead starting from June 2015)	children > 2 years	42	42/ 84 (June 2015)	84	150	156
	Child with disability> 3 years	42	84/200 (June 2015)	200	300	311
	children < 2 years	200	200	200	300	311
	Child with disability < 3 years	200	200	200	300	311

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

Monthly amounts of placement allowance for 2016 - 2019 is 600 lei and for children with disabilities this amount is increased by 50%, reaching 900 lei. This allowance is paid until the age of 18 years old of the child and after 18, if the measure of placement is continued after this age, according to Law no. 272/2004. On request of the young person, expressed after the age of 18, if he/she continues studying on daily courses, the placement measure is granted for the whole period of studies, up to the age of 26.

Type of benefit

July 2011 - 2013

(lei)

2014

(lei)

2015 - ~~2018~~2019

(lei)

Sem. I

~~2019~~2020

(lei)

Placement monthly allowance (amounts increased starting from December 2014)

97/145 (for child with disability)

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

600/900 (for child with disability)

600/

900

(for child with disability)

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

These allowances are granted to families with children who have net monthly income per family member up to 530 RON. The amounts of these benefits varied by type of family and number of children as follows:

· Allowance for two parents families with incomes between 0-200 RON/person:
a) 82 RON for families with one child;

b) 164 RON for family with 2 children;

c) 246 RON for family with 3 children;

d) 328 RON for family of 4 or more children.

· Allowance for two parent families with incomes between 201-530 RON/person:
a) 75 RON for families with one child;

b) 150 RON for family with 2 children;

c) 225 RON for family with 3 children;

d) 300 RON for family of 4 or more children.

· Allowance for single parent with incomes between 0-200 RON/person:
a) 107 RON for families with one child;

b) 214 RON for family with 2 children;

c) 321 RON for the family with 3 children;

d) 428 RON for family of 4 or more children.

· Allowance for single parent with incomes between 201-530 RON/person:
a) 102 RON for families with one child;

b) 204 RON for family with 2 children;

c) 306 RON for the family with 3 children;

d) 408 RON for family of 4 or more children.

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

Type of benefit	Type of family, level of income and number of children	July 2011 - 2012 (lei)	2013 (lei)	2014 (lei)	2015 -– Sem. I ~~2018~~ 2020 (lei)
The allowance for family support	Two parent families (incomes >200 lei)		starting from July 2013 increased with 30% compared to 2012	Starting from November 2014 Increased with 105% compared to 2013
	- families with 1 child	30	40	82	82
	--families with 2 children	60	80	164	164
	-families with 3 children	90	120	246	246
	-famillies with 4 and more children	120	160	328	328
	Two parent families (incomes between 201 - 370 lei) starting from July 2013 (incomes between 201 - 530 lei)		starting from July 2013 increased with 30% compared to 2012	Starting from November 2014 Increased with 127% compared to 2013	Increased with 127% compared to 2013
	- families with 1 child	25	33	75	75
	-families with 2 children	50	66	150	150
	-families with 3 children	75	99	225	225
	-famillies with 4 and more children	100	132	300	300
	Single parent families (incomes >200 lei)		starting from July 2013 increased with 30% compared to 2012	Starting from November 2014 Increased with 65% compared to 2013	Increased with 65% compared to 2013
	- families with 1 child	50	65	107	107
	-families with 2 children	100	130	214	214
	-families with 3 children	150	195	321	321
	-famillies with 4 and more children	200	260	428	428
	Single parent families (incomes between 201 - 370 lei) starting from July 2013 (incomes between 201 - 530 lei)		starting from July 2013 increased with 30% compared to 2012	Starting from November 2014 Increased with 70% compared to 2013	Increased with 70% compared to 2013
	- families with 1 child	45	60	102	102
	-families with 2 children	90	120	204	204
	-families with 3 children	135	180	306	306
	-famillies with 4 and more children	180	240	408	408

Parental leave and child raising indemnity (GEO no. 111/2010) is a categorical program, and was changed by Law no. 66/2016 which established new eligibility criteria for parental leave and child raising indemnity and for monthly insertion incentive. Starting from July 2016 the child raising indemnity and the insertion incentive are granted to the persons who, during the last two years prior to childbirth, earned for 12 months incomes subject to taxation according to the Fiscal Code (incomes from wages, self-employed activities and agriculture activities, , including from similar periods, according to the law). Currently there is only one type of parental leave and the child raising indemnity is a compensation, paid from the state budget, for the parents who interrupt their professional careers and take parental leave to raise children under the age of 2 years or, if a disabled child, up to 3 years.

The amount of the child raising indemnity has been established to 85% of the average professional net income earned by the parent during the last 12 months from the last two years prior to the childbirth. During the reference period (~~2016-~~July 2019 – june 2020), the minimum amount of child raising indemnity ~~has been increased from 1.063 lei to~~is 1.250 lei being increased~~starting~~ from January 2018. The maximum amount of the indemnity has been established to 8.500 lei starting from September 2017.

People who are entitled to receive child raising indemnity, but still work, earning professional incomes subject to income taxation, will receive a monthly incentive insertion. The monthly insertion incentive is granted until the age of 3 years old in a monthly amount of 650 lei (starting from 1^st of April 2017), if the parent decides to come back to work 60 days before the child fulfils the age of 2 years old. This incentive is in fact a measure of stimulating the parents returning to work before the child reaches the age of 2 or 3 years, if disabled child.

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

Benefits and aids for raising the children with disability (articles 31 and 32 from Government Emergency Ordinance no.111/2010 on parental leave and child raising benefits, with subsequent amendments). Granted to persons with children with disabilities, up to the age of 7 years old or granted to the persons with disability who became a parent. During the reference period ~~2016~~July -2019 – June 2020, the amount of the child raising indemnity, for parents who take care of a child with disability, aged between 3 and 7years old, who are entitled to parental leave is~~, has been increased from 450 lei to~~ 1.250 lei, being increased~~starting~~ from January 2018. Also, the amounts of benefits and aids granted to persons/parents who take care of children with disabilities and also those granted to persons with disabilities who take care of children are~~, have been increased.~~ ~~Amounts~~ between 188 lei and 563 lei.

- monthly benefit for raising the child with disability, in amount of1.250 lei, granted to the persons who take care of children with disabilities, aged between 3 and 7 years old, who benefited from the rights established by GEO no. 111/2010 and who choose to continue with the parental leave until the age of 7 years old of the child.

- monthly aid for raising the child with disability, in amount of563 lei (45% from the minimum amount of child raising indemnity), granted to persons with high/pronounced disabilities, who take care of children with disabilities, aged between 0 and 3 years old, who don’t earn any income besides the social assistance benefits for disabled persons.

- monthly aid for raising the child with disability, in amount of438 lei (35% from the minimum amount of child raising indemnity), granted to persons with high/pronounced disabilities, who take care of children with disabilities, aged between 3 and 7 years old, who don’t earn any income besides the social assistance benefits for disabled persons.

- monthly aid for raising the child with disability, in amount of 438 lei (35% from the minimum amount of child raising indemnity), granted to persons who take care of children with disabilities, aged between 0 and 3 years old, who do not fulfil the conditions established by GEO no. 111/2010 for parental leave and child raising indemnity.

- monthly aid for raising the child with disability, in amount of 188lei (15% from the minimum amount of child raising indemnity), granted to persons who take care of children with disabilities, aged between 3 and 7 years old, who do not fulfil the conditions established by GEO no. 111/2010 for parental leave and child raising indemnity.

- monthly aid for raising the child, in amount of 563 lei (45% from the minimum amount of child raising indemnity), granted to persons with high/pronounced disabilities, who take care of children aged between 0 and 2 years old, who do not fulfil the conditions established by GEO no. 111/2010 for parental leave and child raising indemnity.

- monthly aid for raising the child, in amount of 188 lei (15% from the minimum amount of child raise benefit), granted to persons with high/pronounced disabilities, who take care of children aged between 2 and 7 years old, who do not fulfil the conditions established by GEO no. 111/2010 for parental leave and child raise benefit.

The new legal provision has been also setting up a new type of benefit for parents who take care of a child with disability and who are active on the labour market, having a part time contract. The new benefit ~~will be~~is 50% from the minimum child raising indemnity (625 lei) and can be cumulated with the salary.

Type of benefit

July

2011 - 2012

(lei)

2013 - 2015

(lei)

2016

(lei)

2017

(lei)

2018 -

Sem. I ~~2019~~2020

(lei)

Child raising benefit

75% from the average of the professional net incomes earned in the last 12 months before the child birth date, which cannot be less than 600 lei and more than 1.200 lei or 3.400 lei. (from October 2012 85% according to Law no..166/2012)

85% from the average of the professional net incomes earned in the last 12 months before the child birth date, which cannot be less than 600 lei and more than 1.200 lei or 3.400 lei.

85% from the average of the net incomes earned in the last 12 months from the the last two years prior to child birth date, which cannot be less than 85% of the minimum gross wage(1.063 lei until 30 January 2017)

85% from the average of the net incomes earned in the last 12 months from the the last two years prior to child birth date, which cannot be less than 85% of the minimum gross wage (minimum amount 1.233 lei from 1st February 2017)

maximum amount 8.500 lei from September 2017)

85% from the average of the net incomes earned in the last 12 months from the the last two years prior to child birth date, which cannot be less than 1.250 lei minimum amount from January 2018)

maximum amount 8.500 lei

Benefits and aids for raising the children with disabilities (granted to persons who take care of children with disabilities or for persons with disabilities who take care of children )

150/300/

450

150/300/

450

159/372/

478/531

185/432/

555/616

188/438/563/625

Insertion incentive

500

532

616/650 from 1st April 2017)

650

Gift vouchers and nursery vouchers are value vouchers given by employers to employees who do not take parental leave and do not benefit from parental indemnity to raise children, but receive services in nurseries. The monthly amount given in the form of nursery vouchers, as of January 2019 is 450 RON (according to the Law no. 165/2018 regarding vouchers tickets). These sums are paid by the employer, within the limits approved for staff salaries.

Type of benefit

~~July~~ 2011

(lei)

2012

(lei)

2013

(lei)

2014

(lei)

2015 – April 2018

(lei)

May 2018 - ~~Sem. I~~September 2019

(lei)

October 2019-

(lei)-Sem. I

2020

Nursery vouchers

Starting from February 370/ Starting from October 370

Starting from May 400/ Starting from November 400

Starting from May 420/ Starting from November 430

Starting from May 430/ Starting from November 440

Starting from May 440/

Starting from November 440

~~Starting from May~~ 450

460

Special benefits for disabled children (art. 58 praragraph (5) from Law no.448/2006):

The parent, the legal representative of a child or the person who is taking care of the child with disability based on a special protection measure, has the right to social benefits for disabled children, during the period in which the child is in his care or supervision. The amounts (2019) are differentiated by the degree of disability of the child as follows:

a) 60% of ISR (300 lei) in case of the child with severe disability;

b) 35% of ISR (175 lei) in case of the child with pronounced disability;

c) 12% of ISR (60 lei) in case of the child with medium disability.

Type of benefit

July 2011 - 2014

(lei)

2015 - 2017

(lei)

June 2018

(lei)

July 2018

-Sem. I ~~2019~~2020

Social benefits for persons who take care of disabled children (the amounts are increased starting from July 2018)

91/68/35,5

106/79/39

250/150/50

300/175/60

VII - 3. Persons protected

Article 41. C 102 and ECSS

The persons protected shall comprise, [as regards the periodical payments specified in Article 42 - ECSS]:

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

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

[(c) all residents whose means during the contingency do not exceed prescribed limits – C102].

The resident population in January ~~2018~~2019, according to TEMPO Online, was ~~19.530.631~~19.414.458 persons.Based onTEMPO Online, economically active populationin the first quarter of ~~2018~~ 2019 was ~~8.890.838~~8.851.743 persons.

In Romania, in the first quarter of ~~2018~~2019, economically active population represents about 45,5% of all resident population.

In accordance with Law no. 292/2011 on social assistance all Romanian citizens who are on the Romanian territory, domicile or residence in Romania, citizens of EU Member States, of the European Economic Area and Swiss Confederation, foreigners and stateless persons domiciling or residing in Romania are entitled to social assistance under the Romanian law and the EU regulations as well as the agreements and treaties to which Romania is a party, without any discrimination. The aforementioned persons have the right to be informed on the content and modalities for granting social assistance measures and actions. The right to social assistance is granted on request or ex officio, as the case may be, in accordance with the law.

The social assistance system, according to the Romanian legislation, is a component of the social protection system, and includes social services and social assistance benefits, based on the non-contributory principle.

With the entry into force of Law no. 292/2011, the syntagm "social benefits" was replaced by that of "social assistance benefits", in line with the terminology currently used in the field at European level.

Based on all these provisions, one may conclude that the reporting regarding the ECSS’ chapter on family benefits is done under subparagraph b) of Article 41.

	~~FAMILY BENEFITS~~	~~Monthly average number of beneficiaries~~ ~~Sem. II 2011~~	~~Monthly average number of beneficiaries~~ ~~2012~~	~~Monthly average number of beneficiaries 2013~~	~~Monthly average number of beneficiaries 2014~~	~~Monthly average number of beneficiaries~~ ~~2015~~	~~Monthly average number of beneficiaries~~ ~~2016~~	~~Monthly average number of beneficiaries~~ ~~2017~~	~~Monthly average number of beneficiaries~~ ~~Sem. I 2018~~
1.	~~State allowance for children~~	~~3.806.457~~	~~3.825.080~~	~~3.779.894~~	~~3.727.859~~	~~3.691.195~~	~~3.662.793~~[5]~~~~	~~3.635.792~~	~~3.644.199~~
2.	~~Allowance for family support~~	~~368.901~~	~~301.586~~	~~260.416~~	~~247.620~~	~~277.624~~	~~273.337~~	~~257.538~~	~~237.236~~
3.	~~Placement allowance~~	~~44.007~~	~~40.810~~	~~40.352~~	~~39.165~~	~~40.033~~	~~40.735~~	~~41.039~~	~~41.071~~
4.	~~Child raising indemnity~~	~~185.865~~	~~160.028~~	~~142.170~~	~~139.572~~	~~138.350~~	~~141.151~~	~~159.369~~	~~173.677~~
5.	~~Insertion incentive~~	~~10.864~~	~~18.885~~	~~30.780~~	~~33.659~~	~~37.384~~	~~41.334~~	~~74.593~~	~~90.224~~
6.	~~Special allowances to raise a disabled child~~ ~~Total,~~ ~~of which:~~	~~6.805~~	~~6.995~~	~~7.873~~	~~8.497~~	~~8.566~~	~~8.644~~	~~8.999~~	~~9.276~~
	~~Allowance to raise a disabled child~~~~, for children with disabilities aged 3 to 7 years;~~	~~3.555~~	~~3.680~~	~~4.063~~	~~4.291~~	~~4.059~~	~~3858~~	~~4.087~~	~~4.502~~
	~~Monthly allowance~~ ~~given to a person with severe disabilities who do not make any income, until the child reaches the age of 3 years;~~	26	28	28	38	46	71	~~104~~	92
	~~Monthly allowance~~ ~~given to a person with severe disabilities who do not make any income, for children aged 3 to 7 years;~~	~~100~~	98	92	99	~~102~~	~~153~~	~~122~~	~~110~~
	~~Monthly allowance~~ ~~paid to the person that does not qualify for the parental leave and monthly allowance to raise a child, until the child reaches the age of 3 years;~~	90	~~139~~	~~157~~	~~211~~	~~269~~	~~186~~	~~158~~	~~118~~
	~~Monthly support~~ ~~paid to the person that does not qualify for the parental leave and monthly allowance to raise a child, for children aged 3 to 7 years.~~	~~608~~	~~523~~	~~569~~	~~575~~	~~591~~	~~547~~	~~737~~	~~663~~
	~~Monthly allowance~~ ~~paid to a person with severe disabilities that does not qualify for the parental leave and monthly allowance to raise a child, until the age of 2 years~~	~~915~~	~~902~~	~~1.030~~	~~1.192~~	~~1.237~~	~~1.132~~	~~919~~	~~810~~
	~~Monthly allowance~~ ~~paid to a person with severe disabilities that does not qualify for the parental leave and monthly allowance to raise a child, for children aged 2 to 7 years~~	~~1.511~~	~~1.625~~	~~1.934~~	~~2.091~~	~~2.262~~	~~2.573~~	~~2.774~~	~~2.814~~
7.	~~Monthly complementary budget for children~~	~~59.354~~	~~59.946~~	~~60.156~~	~~59.068~~	~~60.276~~	~~61.361~~	~~61.362~~	~~64.570~~
	~~Total,~~ ~~of which:~~
	~~Children with severe disability~~	~~29.685~~	~~30.624~~	~~31.740~~	~~31.970~~	~~32.760~~	~~33.476~~	~~37.163~~	~~39.772~~
	~~Children with pronounced disability~~	~~12.468~~	~~12.178~~	~~11.922~~	~~12.176~~	~~12.793~~	~~13.146~~	~~9.701~~	~~10.072~~
	~~Children with pronounced disability~~	~~17.201~~	~~17.144~~	~~16.494~~	~~14.922~~	~~14.723~~	~~14.739~~	~~14.462~~	~~14.726~~
	~~TOTAL~~ ~~number of family benefits granted at national level~~	~~4.482.253~~	~~4.413.330~~	~~4.321.641~~	~~4.225.440~~	~~4.253.428~~	~~4.229.355~~	~~4.238.692~~	~~4.260.253.~~

	FAMILY BENEFITS	Monthly average number of beneficiaries ~~2018~~2019	Monthly average number of beneficiaries Sem. I ~~2019~~2020
1.	State allowance for children	3.591.463 ~~3.610.503~~	3.643.099~~3.640.336~~
2.	Allowance for family support	184.563~~224.437~~	163.141~~197.512~~
3.	Placement allowance	38.912~~40.083~~	39.043~~39.826~~
4.	Child raising indemnity	178.441~~174.328~~	181.427~~179.842~~
5.	Insertion incentive	91.723~~90.427~~	90.901~~91.836~~
6.	Special allowances to raise a disabled child Total, of which:	10.049~~9.389~~	10.470~~9.941~~
	Allowance to raise a disabled child, for children with disabilities aged 3 to 7 years;	5.435~~4.653~~	6.061~~5.243~~
	Monthly allowance given to a person with severe disabilities who do not make any income, until the child reaches the age of 3 years;	7889	5975
	Monthly allowance given to a person with severe disabilities who do not make any income, for children aged 3 to 7 years;	162~~143~~	118~~121~~
	Monthly allowance paid to the person that does not qualify for the parental leave and monthly allowance to raise a child, until the child reaches the age of 3 years;	89~~121~~	6696
	Monthly support paid to the person that does not qualify for the parental leave and monthly allowance to raise a child, for children aged 3 to 7 years.	532~~623~~	500~~595~~
	Monthly allowance paid to a person with severe disabilities that does not qualify for the parental leave and monthly allowance to raise a child, until the age of 2 years	680~~828~~	604~~693~~
	Monthly allowance paid to a person with severe disabilities that does not qualify for the parental leave and monthly allowance to raise a child, for children aged 2 to 7 years	2.827~~2.748~~	2.772~~2.890~~
	Monthly benefit for parents who are active on the labour market, with a part time contract and who take care of a child with disability	246~~184~~	290~~228~~
7.	Monthly complementary budget for children	63.687~~62.221~~	66.146~~63.706~~
	Total, of which:
	Children with severe disability	39.805~~37.604~~	41.222~~39.424~~
	Children with pronounced disability	9.165~~10.092~~	9.344~~9.476~~
	Children with pronounced disability	14.717~~14.525~~	15.580~~14.808~~
	TOTAL number of family benefits granted at national level	4.232.574~~4.211.388~~	4.270.843~~4.222.999~~

According to the data provided by INS, TEMPO -online-, the resident population at 1st of January ~~2018~~ 2019 on age groups, the total number of all resident children aged 0-18 years was 3.870.505~~3.893.734 in January 2018~~.

VII - 4. Types of Benefit

Article 42. C102 and ECSS

The benefit shall be:

(a) a periodical payment granted to any person protected having completed the prescribed qualifying period; or

(b) the provision to or in respect of children of food, clothing, housing, holidays or domestic help; or

(c) a combination of (a) and (b).

The specific legislation regulating the system of family allowances provides for the amount of money allocated from the state budget.

year ~~2019~~2020, 1^st semester

	FAMILY BENEFITS	Amounts (lei)	Periodicity
1.	State allowance for children: Up to 2 years or 3 years for children with disabilities After 3 years (children with disabilities) After 2 years	~~300~~311 ~~300~~311 ~~150~~156	Monthly
2.	Allowance for family support		Monthly
2.1.	Allowance for two parents families with incomes between 0-200 RON/person: · families with one child · families with two children · families with three children · families with four or more children	82 164 246 328	Monthly
2.2.	Allowance for two parents families with incomes between 201-530 RON/person: · families with one child · families with two children · families with three children · families with four or more children	75 150 225 300	Monthly
2.3.	Allowance for single-parent family with incomes between 0-200 RON/person: · families with one child · families with two children · families with three children · families with four or more children	107 214 321 428	Monthly
2.4.	Allowance for single-parent family with incomes between 201-530 RON/person: · families with one child · families with two children · families with three children · families with four or more children	102 204 306 408	Monthly
2.5.	Placement allowance - for disabled children	600 900	Monthly
8.	§ Child raise indemnity INFORMATII SUPLIMENTARE	Minimum 1.250 Maxiumum 8.500 the amounts have increased from 1st January 2018, please see pages 97-99	Monthly
9.	§ Insertion incentive INFORMATII SUPLIMENTARE	650	Monthly
10.	Special benefitd/aids for raising the disabled child Allowance to raise a disabled child, for children with disabilities aged 3 to 7 years; Monthly allowance given to a person with severe disability who do not make any income until the child reaches the age of 3 years; Monthly allowance given to a person with severe disability who do not realize incomes, for children aged 3 to 7 years; Monthly allowance paid to the person that does not qualify for the parental leave and monthly allowance to raise a child, until the child reaches the age of 3 years; Monthly allowance paid to the person that does not qualify for the parental leave and monthly allowance to raise a child, for children aged 3 to 7 years Monthly allowance paid to a person with severe disability that does not qualify for the parental leave and monthly allowance to raise a child, until the age of 2 years Monthly allowance paid to a person with severe disability that does not qualify for the parental leave and monthly allowance to raise a child, for children aged 2 to 7 years. the amounts have increased from 1st January 2018, please see pages 97-99	1.250 563 438 438 188 563 188 the amounts have increased from 1st January 2018, please see pages 97-99	Monthly
11.	Social benefits for persons who take care of disabled children (the amounts are increased starting from January 2018)	300 for severe disability 175 for pronounced disability 60 for medium disability	Monthly

Starting from June 2015 entered into force the G.E.O no. 65/2014 amending and supplementing certain legal acts. According to these provisions were increased the amounts of certain family benefits such as:

- Allowance for family support, (Law no. 277/2010 on family support allowance, republished); the amounthas been increased starting from November 2014, (for two parents family the minimum amount is 82 lei and the maximum amount is 328 lei). (for single parent family minimum amount is 107 lei and the maximum amount is 428 lei).

- Placement allowance, (Law no. 272/2004 on the protection and promotion of children's rights, republished); the amount has been increased starting from 1^st December 2014, from 97 lei to the value of 600 lei, and for children with disabilities, HIV or AIDS, the sum of the amounts required for granting rights increased from 146 lei to 900 lei; procedure for determining and paying the monthly placement allowance was established by Order no. 1733/2015 of M.M.F.P.S.P.V;

- Also, the single Article, point 1 of Law no. 125/2015 changed the amount of the state allowance for children provided by Law no. 61/1993 on state allowance for children. The amount was increased since June 2015, as follows :

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

· 200 leifor children with the age up to 2 years old or up to 18 years old, in the case of children with disability.

During the reference period (July 2018 - June 2019), the amounts of certain family benefits were increased, such as:

- Child state allowance: the amount increased starting with 1^st of April 2019, according to Government Emergency Ordinance no. 9/2009:

o 150 leifor children with the age between 2 years and 18 years old, and also for young people after the age of 18 until they finish the educational courses or vocational educational courses.

o 300 leifor children with the age up to 2 years old or up to 18 years old, in the case of children with disability.

- Social benefits for persons who take care of disabled children: the amounts have increased starting with 1^st July 2018, such us:

o 300 lei for severe disability

o 175 lei for pronounced disability

o 60 lei for medium disability

During the reference period (July 2019 - June 2020) the amounts of child state allowance has been increased. According to the Law no. 214/2019 on amending the article 3 from Law no. 61/1993 regarding state allowance for children, the Parliament approved the annual indexation of the state allowance for children with 100% from average annual inflation rate. The amounts for 2020, starting with 1^st of January):

o 156 lei for children with the age between 2 years and 18 years old, and also for young people after the age of 18 until they finish the educational courses or vocational educational courses.

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

VII - 5. Qualifying period

Article 43. ECSS.

The benefit specified in Article 42 shall be secured at least to a person protected who, within a prescribed period, has completed a qualifying period which may be one month of contribution or employment, or six months of residence, as may be prescribed.

Article 43. C102

The benefit specified in Article 42 shall be secured at least to a person protected who, within a prescribed period, has completed a qualifying period which may be three months of contribution or employment, or one year of residence, as may be prescribed.

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

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

Allocation of family benefits covers all persons living in Romania without requiring a period of residence. The only condition of eligibility is to have the residence in Romania, no matter the period of residence. Only for the child raising benefit and for the monthly insertion incentive another condition of eligibility is to earn for 12 months incomes subject to taxation according to Fiscal Code , during the last 12 months from the last two years prior to the childbirth. We should mention that the system of social assistance, family allowances as part of it, is a non-contributory system and all the family benefits are paid from the state budget, including the child raising indemnities and the insertion incentive.

VII - 6. Level and Calculation of Benefit

Article 44. C102 and ECSS

The total value of the benefits granted in accordance with Article 42 to the persons protected shall be such as to represent:

[(a) 3 per cent. of the wage of an ordinary adult male labourer, as determined in accordance with the rules laid down in Article 66, multiplied by the total number of children of persons protected; - C102 ] or

(b) 1.5 per cent. of the said wage, multiplied by the total number of children of all residents.

The reports for the period July ~~2011~~ 2018 - June ~~2019~~ 2020 ~~are~~ is taking into account the average monthly gross incomes in manufacturing economic activity, data source: National Institute for Statistics (INS), pagesno. 142 - 144 of ~~Annex to~~ this Report.

Based on the data provided by INS (National Institute for Statistics), Statistical survey on salaries in month October ~~2017~~2018, the average monthly gross income obtained in October was 2.943~~2.267~~ lei/men employee in elementary occupations.

The total number of all resident children aged 0-18 years, the resident population at 1st of January on age groups, data source TEMPO, INS:

	~~2018~~2019
Age groups	No. of children
0- 4 years	999.883~~991.367~~
5- 9 years	986.266~~1.007.808~~
10-14 years	1.056.093~~1.053.304~~
15-18 years	828.263~~841.255~~
Total	3.870.505~~3.893.734~~

~~Year 2011:~~1,5% X 1.177 lei X 4,084,017 = 72,103,320.13lei

~~Year 2012:~~1,5% X 1.246 lei X 4,062,681 = 75,931,507.89 lei

~~Year 2013:~~ 1,5% X 1.223 lei X 4,011,839 = 73,597,186.45 lei

~~Year 2014:~~ 1,5% X 1.405 lei X 3,958,203 = 83,419,128.22 lei

~~Year 2015:~~ 1,5% X 1.611 lei X 3,946,455 = 95,366,085.07 lei

~~Year 2016:~~ 1,5% X 1.964 lei X 3,937,035 = 115,985,051.10 lei

~~Year 2017:~~ 1,5% X 2.267 lei X 3,918,293 = 133,241,553.46 lei

~~Year 2018:~~ 1,5% X 2.267 lei* X 3,893,734 = 132,406,424.67 lei

Year 2019: 1,5% X 2.943 lei* X 3,870,505 = 170,863,443.22 lei

· for the yaear ~~2018~~2019, we have used the same income reported for the year ~~2017~~ 2018 because ~~NIS~~ INS didn’t publish yet the average monthly gross income in month October for ~~2018~~2019.

	~~Amounts paid~~ ~~-lei-~~
~~Family benefits~~	~~Sem. II 2011~~	~~2012~~	~~2013~~	~~2014~~	~~2015~~	~~2016~~
~~1. State allowance for children~~	~~1.397.650.944~~	~~2.762.798.774~~	~~2.718.491.547~~	~~2.684.862.102~~	~~3.541.590.789~~	~~4.415.501.616~~
~~2. Allowance for family support~~	~~132.625.738~~	~~216.861.399~~	~~215.061.950~~	~~260.682.745~~	~~535.518.000~~	~~525.919.920~~
~~3. Placement Allowance~~	~~26.219.657~~	~~53.002.893~~	~~51.833.331~~	~~71.387.819~~	~~317.207.573~~	~~324.894.200~~
~~4. Child raise indemnity~~	~~1.051.847.883~~	~~1.760.287.099~~	~~1.534.501.939~~	~~1.552.480.562~~	~~1.578.924.746~~	~~2.060.258.501~~
~~5. Monthly insertion incentive~~	~~13.949.487~~	~~98.023.210~~	~~189.548.710~~	~~207.880.985~~	~~230.358.988~~	~~263.932.900~~
~~6 .Special benefits/aids for raising a disabled child~~	~~15.431.973~~	~~31.760.431~~	~~34.900.103~~	~~37.356.001~~	~~36.238.816~~	~~48.060.642~~
~~7. Complementary monthly budget children~~	~~24.752.355~~	~~50.270.544~~	~~51.019.020~~	~~50.845.500~~	~~59.975.749~~	~~61.941.732~~
~~TOTAL~~	~~2.662.478.037~~	~~4.973.004.350~~	~~4.795.356.600~~	~~4.865.495.714~~	~~6.299.814.661~~	~~7.700.509.511~~

	Amounts paid -lei-
Family benefits	~~2017~~2019	Sem.I ~~2018~~2020	~~Sem.I 2019~~
1. State allowance for children	6.397.061.903~~4.396.915.235~~	6.397.061.903~~2.204.787.802~~	~~2.705.750.879~~
2. Allowance for family support	370.523.767~~501.271.395~~	370.523.767~~231.911.867~~	~~194.969.893~~
3. Placement Allowance	312.226.120~~328.099.871~~	312.226.120~~161.653.309~~	~~157.335.028~~
4. Child raise indemnity	4.457.278.183~~3.409.448.738~~	4.457.278.183~~1.970.144.700~~	~~2.212.699.566~~
5. Monthly insertion incentive	709.830.687~~575.599.491~~	709.830.687~~352.877.398~~	~~357.119.116~~
6 .Special benefits/aids for raising a disabled child	98.742.825~~77.321.616~~	98.742.825~~42.898.832~~	~~48.107.069~~
7. Complementary monthly budget children	86.570.370~~63.236.100~~	86.570.370~~66.831.018~~	~~86.241.375~~
TOTAL	12.432.233.855~~9.351.892.446~~	12.432.233.855~~5.031.104.926~~	~~5.762.222.926~~

VII – 7. Duration of Benefit

Article 45. C102 and ECSS

Where the benefit consists of a periodical payment, it shall be granted throughout the contingency.

VII - 8. Suspension of Benefit

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;

(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;

The procedure for suspension of payments for family benefits is provided in special legislation regulating the system.

Payment of state child allowance is suspended when within 3 months the child's legal representative has not cashed the due rights. Resumption of payment, including payment of arrears is made on request in writing by the child's legal representative. In the event that the child's legal representative changes, state child allowance payments shall be suspended until the establishment of the new legal representative, the payment will be made, including the period of suspension.

Payment of allowance for family support shall be suspended in the month following the one when it is ascertained one of the situations bellow:

· during the placement or emergency placement of the child in a residential care service.

In the last semester of the year 2016 we have registered 15.750 cases of suspension of benefits for this reason. But this measure is not more applicable from January 2017.

According to Government Emergency Ordinance no. 93/2016 for establishing some measures of administrative simplification in the process of granting social assistance benefits and for establishment of some budgetary measures for these in 2016, it was proposed a flexible way of granting family support allowance, meaning that if in a family with several children of school age, one of the child accumulate unexcused absences in a semester more than 20, the right to the family support allowance will not be suspended for the rest of the family members, will be only diminished because this child will not be taken into account in determining the amount of the family support allowance. By this measure is ensured the right to family support allowance for the other children of that family who will benefit from a financial support if they attend further educational courses;

According to GEO no. 93/2016 it was eliminated also this conditionality/ obligation of the person to submit every 3 months a declaration and supporting documents attesting that conditions for granting the benefit are maintained, the beneficiary having the obligation to notify any change on family composition and the income of its members;

· in case the paying institution (county agency for payments and social inspection) finds out that the right to family support allowance was established based on inaccurate data on income or family composition or changes have occurred during their grant;

· for a period of 3 consecutive months there were registered money orders returned for the holder of the family support allowance.

· following the control of the social inspectors or of the representatives of the Court of Accounts have been found erroneous data on family composition or incomes of the beneficiaries.

Payment of the child raising indemnity and of the monthly insertion incentive can be suspended from the month following the one when it is ascertained one of the situations bellow:

a) the recipient is deprived of parental rights;

b) the recipient is removed by law from exercising guardianship;

c) the recipient no longer meets the conditions prescribed by law for custody of the child for adoption;

d) the recipient no longer meets the conditions prescribed by law to maintain the measure of placement;

e) the recipient is executing a sentence of imprisonment or detention in custody for more than 30 days;

f) the child is abandoned or is placed in a public or private care institution;

g) the beneficiary has deceased; according to Law, only the parents are considered beneficiaries of these benefits;

h) it is found that for 3 consecutive months money orders sent by post are returned.

i) beneficiary earns incomes subject to income tax by pursuing a professional activity during the parental leave and during a calendar year the level of these incomes exceeds three times the minimum amount of child raise indemnity (for 2018 3*1.250 lei=3.750 lei)

Payment of rights representing child raising indemnity and monthly insertion incentive can be suspended also when the person/beneficiary no longer meets the conditions stipulated at article 12 from GEO no. 111/2010, namely:

a) is a Romanian citizen, foreign person or stateless person (the foreigners, who are not Romanian citizen and also all stateless persons, who are not considered as a national by any state);

b) has, by law, the domicile or the residence in Romania;

c) lives in Romania with the child / children for whom is requesting the rights and is in charge with his / their growth and care.

Payment of the monthly insertion incentive is also suspended from the day after the beneficiary request the right to the parental leave and no longer gets professional income subject to income tax.

Payment of the special indemnities/aids for raising a disabled child can be suspended from the month/day following the one when it is ascertained one of the situations bellow:

a) the recipient is deprived of parental rights;

b) the recipient is removed by law from exercising the guardianship;

c) the recipient no longer meets the conditions prescribed by law for custody of the child for adoption;

d) the recipient no longer meets the conditions prescribed by law to maintain the measure of placement;

e) the recipient is executing a sentence of imprisonment or detention in custody for more than 30 days;

f) the child is abandoned or is placed in a public or private care institution;

g) the beneficiary has deceased;

h) the child doesn’t have a degree of disability or, the entitled persons is assigned to another degree of disability;

i) it is found that for 3 consecutive months money orders sent by post are returned.

Payment of placement allowance can be suspended from the month following the one when it is ascertained one of the situations bellow:

a) the young person who accomplished 18 years old didn’t present the evidence of continuing the studies, day courses form, from 6 to 6 months.

b) the young person for whom a placement measure was established has accomplished 18 years old and didn’t present the evidence of continuing the measure of placement, acoording to law.

c) is found that for 3 consecutive months money orders sent by post are returned.

Payment of allowance is suspended from the day after the recipient gets professional income subject to income tax and incentive pay is suspended from the day after the recipient no longer gets professional income subject to income tax.

· Payment of family benefits: they are given as long as people meet the eligibility requirements under national law and EU regulations in the field of family benefits.

VII – 9. Right of complaint and appeal

See under Part XIII-2

The new Law of social assistance no. 292/2011 established new principles in the field of social assistance and the Social Mediation Commission is not functioning any more.

Every person who consider injured/harmed in his legitimate right or in a legitimate interest by a public authority, by an administrative act or by unsolving in legal term his claim may address to the competent administrative court to cancel the act, to recognize the right to claim or his legitimate interest and to repair the damage was caused.

The procedure for solving the requests/claims in contentious-administrative is stipulated in Law of the contentious-administrative proceedings no. 554/2004.

Before to address to the competent court of administrative contencious, the person who is considering himself/herself to be harmed in one of his/her right or in a legitimate interest through an individual administrative act has to request to the public authority or to the superior authority, if there is one, in a period of up to 30 days from the date of communication of the act, the ademption, in whole or in part, of this. In case of normative administrative act, the complain can be formulated anytime.

In the same time, the persons can address to National Agency for Payments and Social Inspection, which has the main goal to control the implementation of the legislation in the field, as well as to inspect the activity of the public and private institutions, which are responsible with the granting of the benefits and social services. To fulfill its role, this institution has the role to control, through which it is verifying the provisions of normative acts which are in force in the social assistance field.

As social assistance benefits are concerned, in case that the solicitant or, where applicable, the beneficiary of social rights consider themselves wronged by the decision issued by a public institution with regard to his/her right, he/she may address a complaint in the attention of the following institutions: the President of Romania, the Romanian Government, the Ministry of Labour and Social ~~Justice~~ Protection (the Directorate for Social Benefits Policies~~General for Social Assistance~~), the National Agency for Payments and Social Inspection, the county agencies for payments and social inspection, the local public authorities (city halls, county councils, prefectures).

VII - 10. Financing and Administration

See under Part XIII-3

Social assistance is financed by funds from the state budget, local budgets, donations, sponsorships and other contributions from individuals or domestic and foreign legal entities, recipients of contributions and other sources in compliance with relevant legislation and within the available financial resources. Social assistance benefits are financed by funding from the state budget and / or local budgets.

The National Agency for Payments and Social Inspection (ANPIS) is established as a specialized body with legal personality, subordinated to the Ministry of Labour and Social ~~Justice~~ Protection (~~MoLSJ~~MoLSP). The Agency operates with this denomination, with the respective prerogatives, since December 2011. In ANPIS’ subordination work the territorial agencies for payments and social inspection, as decentralized public services with legal personality, which aim to manage the system of social assistance benefits at the local level.

ANPIS’ aim is to provide a unified system for managing the process of granting social assistance benefits. The objectives of the Agency in the context of welfare reform are: increasing the coverage in the poorest categories of the population, reducing errors and fraud in the system, increasing the system’s efficiency by reducing beneficiaries’ administrative and private costs.

Through ANPIS’ organization and functioning, ~~MoLSJ~~ MoLSP created a uniform system for paying and administration of social assistance benefits, in order to effectively manage the funds allocated. Regarding the Agency’s impact on beneficiaries, ANPIS contributed to increasing the quality of life, inter alia, by simplifying procedures for establishing entitlement to social benefits and the actual payment. ANPIS ensures equal treatment and equal opportunities for every citizen.

From the perspective of the ~~MoLSJ~~MoLSP, ANPIS creates the conditions to assess accurately the number of beneficiaries and the amounts spent from the state budget. At the same time, the unified information system of ANPIS, currently in the process of improving its databases of beneficiaries in cooperation with the National House of Public Pensions (CNPP), National Agency for Employment (NAE), the Civil Registry and the National Agency for Fiscal Administration (ANAF), will allow the detection of possible abuses of the beneficiaries regarding the request for social assistance benefits.

Part VIII. Maternity benefit

Romania has accepted the obligations resulting from Part VIII of C102, C183 and Part VIII of the ECSS.

Category	Information available	Information missing / questions raised by the CEACR
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*

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

List of applicable legislation

· Emergency Ordinance no. 158 dated November 17th, 2005 on the leaves of absence and health insurance benefits, with the subsequent amendments and supplements (initial form published in the Official Gazette no. 1074, dated November 29th, 2005), as further amended and completed;

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

· Order of the Minister of Health and of the President of the National Health Insurance House no. 1092/745/2020 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 and within the insurance system for accidents at work and occupational diseases

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

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

VIII - 1. Regulatory framework

Article 46. C102 and ECSS

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

§8. Article 6. C183

In order to protect the situation of women in the labour market, benefits in respect of the leave referred to in Articles 4 and 5 shall be provided through compulsory social insurance or public funds, or in a manner determined by national law and practice. An employer shall not be individually liable for the direct cost of any such monetary benefit to a woman employed by him or her without that employer's specific agreement except where:

(a) such is provided for in national law or practice in a member State prior to the date of adoption of this Convention by the International Labour Conference; or

(b) it is subsequently agreed at the national level by the government and the representative organizations of employers and workers.

Article 1. C183

For the purposes of this Convention, the term woman applies to any female person without discrimination whatsoever and the term child applies to any child without discrimination whatsoever.

Database of the MISSOC:

Basic principles.

Benefits in kind:

Compulsory social insurance scheme for all inhabitants financed mainly by contributions.

Cash benefits:

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

VIII - 2. Contingency covered

Article 47. C102 and ECSS

The contingencies covered shall include pregnancy and confinement and their consequences, and suspension of earnings, as defined by national laws or regulations resulting therefrom.

§1 Article 6. C183

Cash benefits shall be provided, in accordance with national laws and regulations, or in any other manner consistent with national practice, to women who are absent from work on leave referred to in Articles 4 or 5.

VIII - 3. Persons protected

Article 48. C102 and ECSS

The persons protected shall comprise:

(a) all women in prescribed classes of employees, which classes constitute not less than 50 per cent of all employees, and, for maternity medical benefit, also the wives of men in these classes; or

(b) all women in prescribed classes of the economically active population, which classes constitute not less than 20 per cent of all residents, and, for maternity medical benefit, also the wives of men in these classes.

For the medical benefits granted in case of maternity, the sub-paragraph (b) of Article 48 is applied.

Regarding the medical benefits, according to the provisions of Law no. 95/2006,

- Pregnant women are insured persons like any other Romanian citizen residing in Romania and proving the payment of health insurance contributions to the Fund.

Pregnant women benefit from insurance without 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. 227/2018, this income is due to the social health insurance contribution according to the regulations specific ~~to each category of income~~.

Regarding the maternity indemnity related to the maternity and post-delivery leave of absence, the sub-paragraph (b) of Article 48 is applied.

Regarding the cash benefits for maternity, according to the provisions of Law No 95/2006, republished, the protected individuals are:

- pregnant women insured as any other Romanian citizen, with the residence in Romania and proving the payment of the contribution to the National Unique Health Insurance Fund;

- pregnant women and childwives, having no income or having earnings lower than the national minimum gross basic wage, without paying any contribution to the National Unique Health Insurance Fund.

Regarding the maternity leaves and benefits within the health insurance system, the persons protected during their period of domicile or residence in Romania according to the legal provisions in force until 3130.1206.~~2018~~2020, are the following:

- ~~persons with individual employment contracts or job mandates or carrying out any other independent professions;~~

- ~~persons carrying out activities in elective functions or appointed within executive, legislative or court authorities, during their mandate;~~

- ~~members of handicraft cooperative organizations;~~

- ~~unemployed persons (receiving monthly earnings from the Unemployment Insurance Fund)~~.

A. persons who earn income from carrying out an activity on the basis of an individual employment contract, an employment relationship, a deed of secondment or a special status provided by law, as well as other income assimilated to salaries, in compliance with the provisions of applicable European legislation in the field of social security, as well as the agreements regarding the social security systems to which Romania is a party;

B. the persons who realize in Romania the incomes provided at let. A, from employers from states that are not covered by the applicable European legislation in the field of social security, as well as the agreements regarding the social security systems to which Romania is a party;

C. persons receiving unemployment benefits, according to the law.

Individuals, other than those mentioned above, may be insured in the social health insurance system, in order to benefit from holidays and social health insurance benefits, on the basis of an insurance contract for holidays and social health insurance benefits. They also have the quality of insured persons pensioners, with degree III disability pension and blind pensioners, who carry out independent activities defined according to Law no. 227/2015 on the Fiscal Code, with subsequent amendments and completions, hereinafter referred to as the Fiscal Code.

~~Same rights have also the individuals not pertaining to any of the above classes, who are:~~

~~- associates, limited partners or stakeholders;~~

~~- members of family businesses;~~

~~- persons authorized to carry out independent activities;~~

~~- persons concluding a social security contract for maternity or ill child care leave and indemnity, if their qualifying period has started until January 1^st 2006;~~

- spouse of the individual enterprise holder/certified natural person who, without being registered with the Trade Registry or authorized to operate as individual enterprise holder/certified natural person, or not being employee thereof, usually participates in the activity of the individual enterprise/certified natural person, fulfilling either same tasks as the relevant individual enterprise holder/certified natural person or complementary tasks.

According to the legal provisions in force since 01.01.2018, the persons protected in respect of maternity leave and benefits are insured persons, Romanian citizens, foreign citizens or stateless persons, who, according to the law, reside in Romania, in particular:

- ~~individuals receiving unemployment benefit, according to the law;~~

Individuals who are insured on the basis of an insurance contract choose the insured income and pay the contribution to this income that is taken into account when determining the basis of calculation of the indemnity.

~~There are no data concerning the number of insured individuals benefiting of maternity medical leaves and indemnities.~~

According to the provisions of Law No 95/2006, the wife without own earnings and being under the care of an insured individual, benefits of health insurance without paying any contribution to the Unique Health Insurance Fund.

According to the provisions art. 224 of the Law No. 95/2006, republished, as further completed and amended, pregnant women and postpartum women benefit from insurance without payment of the contribution under the conditions of art. 154 of Law no. 227/2015, as amended and supplemented.

RF/183: please indicate the number of employed women, including those in atypical forms of dependent work, to which the qualifying conditions apply, as well as the total number of women who have been receiving cash benefits.

No data available.

VIII - 4. Medical Care

Article 49. C102 and ECSS

1. In respect of pregnancy and confinement and their consequences, the maternity medical benefit shall be medical care as specified in paragraphs 2 and 3 of this Article.

2. The medical care shall include at least:

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

(b) hospitalisation where necessary.

3. The medical care specified in paragraph 2 of this Article shall be afforded with a view to maintaining, restoring or improving the health of the woman protected and her ability to work and to attend to her personal needs.

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

In accordance with the provisions of Law no. 95/2006,

All pregnant women and boys are exempt from pregnancy, medical services related to pregnancy, and those who have no income or income below the minimum gross national salary for all medical services.

a) The medical services settled by the National Health Insurance Fund include:

Monitoring the evolution of pregnancy and lactation in primary care:

a) recording in the first quarter; a consultation is given;

b) Monthly surveillance from the 3rd to the 7th month is granted a consultation / month.

c) surveillance, twice a month, from the 7th month to the 9th month inclusive; two consultations / month are granted;

d) follow-up of lechosis at discharge from maternity - at home; a consultation is given;

e) follow up of the confinement at 4 weeks after birth; a consultation is given.

In the framework of the pregnancy monitoring, the promotion of exclusive breastfeeding of the child up to the age of 6 months and its continuation up to a minimum of 12 months, testing for HIV, hepatitis of viral etiology with B and C virus, as well as pre- and post-test counseling HIV and lue of the pregnant woman, as well as other necessary paraclinical investigations, from those provided in the basic package.

In the framework of the pregnancy monitoring, the promotion of exclusive breastfeeding of the child up to the age of 6 months and its continuation up to a minimum of 12 months, testing for HIV, hepatitis of viral etiology with B and C virus, lue of the pregnant woman, as well as other necessary paraclinical investigations, from those provided in the basic package.With the first presentation to the family doctor of the pregnant woman, the family doctor will issue the document certifying the existence of pregnancy in women.

Suppliers of primary health care services who have contracted with health insurance houses are required to register pregnant women who are not listed on another family doctor's list on their own.

~~For the period July 1^st 2018 - June 30^st 2019~~

Surveillance of pregnancy and lactation - in the specialty ambulatory for clinical specialties - a consultation is provided for each trimester of pregnancy and a consultation in the first trimester of birth.

For pregnancy and lactation prognosis consultations it is allowed to be presented directly to the obstetric-gynecology specialist in the outpatient clinic without the need to submit a referral note.

o In order to support pregnant women, at the level of specialized ambulatory care for clinical specialties, in addition to the services provided for this health care segment by March 31, 2018, the following medical services were introduced from 1 April 2018: purpose diagnostic - case. These medical services for diagnosis - case are day hospitalization services that are given in the clinical specialty ambulatory, pregnant being able to present without sending note, according to the schedule, to the specialist physician in ambulatory obstetrics-gynecology who offer such services of the insured:

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

Mandatory services: Obstetrics and gynecology specialty consultations, Complete blood count, ABO blood grouping, Rh blood count, Serum uric acid, Serum uric acid, Serum creatinine, Glycemia, TGP, TGO, TSH urine (sumar + sediment), VDRL or RPR, HIV testing in pregnant women, Pregnant pregnancy assessment for pregnancy-related infections (for rubella, toxoplasmosis, CMV infection, hepatitis B and C), vaginal secretion, Babeș-Papanicolau cervical and vaginal cytology (S24 - S28 + 6 days) or Fetal Biometry (S29-S33 + 6 days) or Group B Streptococcus Detection (S34 - S37) or Glucose tolerance test per os +/- Glycotic hemoglobin +6 days), confirmation ultrasound, viability and pregnancy dating

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

Mandatory services: obstetrics-gynecology specialization (integrative interpretation of results), Double test / triple test, Ultrasound for the detection of fetal abnormalities (S11 - S19 + 6 days)

3. Supervision of other high risk pregnancies (gestational edema)

Obligatory services: Obstetrics and gynecology specialty consultation, Complete blood count, Serum uric acid, TGP, TGO, Complete urinalysis (sumar + sediment), Urinary protein dosing, Total serum protein, Obstetrical and gynecological ultrasound

4. Supervision of other high risk pregnancies (mild pregnancy hysteresis)

Obligatory services:Obstetrics and gynecology specialty consultation, Complete blood count, Serum sodium, Serum potassium, Complete urine test (summary and sediment), Serum uric acid, Serum uric acid, Serum creatinine, Obstetrical and gynecological ultrasound

5. Supervision of other high-risk pregnancies (evaluation of pregnant uterus in third trimester)

Required services:obstetrics-gynecology specialization, cardiotocography, obstetrical and gynecological ultrasound

*1) A single package of medical services per pregnant woman is settled, when the obstetric-gynecologist specialty is counted.

The obstetrics-gynecology medical consultation includes:

- history;

- general clinical examination;

- complete gynecological and obstetrical examination;

- recommending performing paraclinical investigations and integrating their results;

- evaluation of medical and / or obstetrical risk factors and case hierarchy;

- recommendations on pregnancy monitoring;

- recommendations on hygienic-dietary and prophylactic measures and, where appropriate, therapeutics in case of identification of a pregnancy-related pathology.

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

The basic medical services package in specialized ambulatory care for paraclinical specialties: In addition to the investigations to which insured persons are entitled, pregnant women may carry out the following laboratory tests, settled from the Unique National Health Insurance Fund:

- Determination in pregnancy of the ABO blood group - may be recommended by both the family doctor and the clinician in the specialized ambulatory,

- Determination in pregnancy of the Rh blood group - can be recommended by both the family doctor and the specialist physician in the clinic ambulatory,

- Anti-Rh antibodies specific to pregnant women - Recommendation can be made by the specialist physician in the clinic's specialty ambulatory,

- Anti-HAV IgM - The recommendation can be made by the specialist physician in the clinical specialty ambulatory and by the family doctor only for pregnant women and contact cases diagnosed by specialized doctors,

- HIV testing in pregnant women - may be recommended by both the family doctor and the clinician in the clinic.

We mention that paraclinical investigations: Babes-Papanicolau cervico-vaginal examination, Exams from vaginal secretions - native and colorful microscopic examination, culture and bacterial identification, respectively native and colorful microscopic examination, culture and fungal identification (investigations that can be recommended including family doctor), antibiogram, antifungigram are part of the basic medical services package in special ambulatory medical care for paraclinic specialties and can be recommended for pregnant women as well as for any other insured person.

The list of paraclinical investigations of radiology - medical imaging and nuclear medicine that can be performed in the paraclinical specialty ambulatory includes also the following non-specific pregnancy-specific investigations, investigations carried out by doctors in obstetrics and gynecology with over-specialization in maternal-fetal medicine:

Obstetrical ultrasound ultrasound 2nd trimester - the recommendation can be made by the specialist physician in the clinical specialty ambulatory, and

Obstetrical ultrasound abnormal first trimester with TN - recommendation can be made by the specialist physician in the clinical specialty ambulatory.

b) The basic medical care package in hospital care includes pre-natal, intra-natal and postnatal care, where necessary.

The six types of medical services for diagnosis - the case is also found in the basic package for hospital care in the list B.4.2 - List of standardized medical services provided under day hospitalization that are also contacted in the clinic ambulatory and reimburses only if all mandatory services have been performed (new list introduced since 1 April 2018).

The list of medical cases (medical diagnosis) physically resolved in day hospitalization (list B.1 of ~~Annex 22 to Order No.196 / 139/2017, as subsequently amended and supplemented, respectively in list B1 of~~ Annex 22 to Order 397/836/2019 applicable from 1 April 2018) includes gestational edema, mild pregnancy mild pregnancy, bladder infections in pregnancy, maternal care for uterine scarring due to previous surgery, while the List of Day Care Hospitals (List B.3.2 of ~~Annex 22 to Order No.196 / 139/2017, as amended and supplemented, respectively in list B1 of~~ Annex 22 to Order 397/836/2019 applicable from 1 April 2018) (eg, rubella, toxoplasmosis, CMV, hepatitis B and C) and cordonocentesis (new service starting with April 1, 2018), including amniocentesis, corial villous biopsy, pregnancy assessment for pregnancy risk infections.

The biopsy of corial villities is settled in pregnant women in the first trimester of pregnancy, and amniocentesis in pregnant women in the second trimester of pregnancy, performed only by obstetricians and gynecologists with over-specialization in maternal-fetal medicine, for cases with major abnormalities procedure or family genetic pathology with risk of transmission to descendants - recommended by a geneticist or risk of aneuploidy greater than 1/250 after prenatal genetic screening: combined test (echographic markers and double test or triple test) ; in their respective tariffs is included the genetic testing of the samples taken.

Cordonocentesis is reimbursed to pregnant women in the second trimester of pregnancy, performed only by obstetricians and gynecologists with over-specialization in maternal-fetal medicine, for diagnosed or therapeutic indications; in their respective tariffs is included the genetic testing of the samples taken.

Genetic testing of samples taken by coronary villous biopsy, amniocentesis or cordonocentesis is performed by one of the following techniques: cytogenetics, FISH, MLPA, QF-PCR.

In List B.4.1 - List of standardized medical services provided under day-stay care that is settled only if all mandatory services have been performed (new list introduced since April 1, 2018), there is the Monitoring of pregnant pregnancy with high risk in pregnancy with hereditary and acquired clotting disorders / thrombophilia, service comprising:

- Obstetrics and gynecology specialist counseling, Antithrombin III, Protein C, Protein S, Serum hemocysteine dosing, Serum hemocysteine control, Leyden Factor V, Anticoagulant lupus screening, Confirmation of lupus anticoagulant, Obstetrical and gynecological ultrasound

This service is provided only in obstetrics-gynecology specialties hospitals and in other sanitary units with beds, which have hierarchical units or compartments of obstetrics-gynecology and neonatology in level 3 according to HMO no. 1881/2006, as subsequently amended and supplemented.

The service is given in the first or second trimester of pregnancy with at least one of the following vascular and obstetric risk factors:

• personal history of thromboembolic disease;

• family history (relatives of grade I with thromboembolic disease or positive heredocolateral positive history of thrombophilia);

• recurrent first-trimester abortions, unknown cause;

• tasks in progress;

• premature birth;

• pregnancy-induced hypertension;

• normal insertion of placenta;

• placental insufficiency.

We would like to point out that the medical services provided to day carers can also be provided under continuous hospitalization if the patient has complications or co-morbidities at risk for the patient, major bleeding that causes the problem of volumetric replenishment, anesthetic risk difficult to manage in day hospitalization, and post-procedural pain difficult to control, major associated invasive procedures.

For the medical services provided under the hospitalization, the pregnant can be addressed for the purpose of programming any provider of hospital medical services on the territory of Romania who is in a contractual relation with a health insurance house for the types of services that the pregnant woman needs.

Hospital medical services in case of childbirth are granted without an admission ticket, regardless of the patient's insurance status and are covered by the Unique National Health Insurance Fund.

Insured persons are required to pay a monthly health insurance contribution. In case of breach of the obligation, these persons benefit from medical services within a minimum package of medical services, according to the provisions of Law no. 95/2006, republished, which includes family planning services in primary care, monitoring the evolution of pregnancy and labor in the assistance primary medical and ambulatory specialty for clinical specialties, birth.

Costs incurred in presenting pregnant women to healthcare providers who have no contract with a health insurance house are borne by the beneficiary.

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 accordance with the provisions of Law no. 95/2006, republished, for the prevention of illnesses, early detection of illness and health protection, policyholders, either directly or through the service providers with which the insurance houses are in contractual relations, will be permanently informed by the insurance houses on the means of preserving health, reducing and avoiding the causes of illness and the dangers to which they are exposed in the case of drug, alcohol and tobacco use.

a) The basic medical services package for medical assistance under hospitalization includes the pre-, intra- and post-partum medical care services, as the case may be, consisting of amniocentesis, biopsy of chorionic villus and (between June 1^st 2014 and May 31^st 2016), pregnant woman assessment to identify infections risky for the pregnancy (measles, toxoplasmosis, CMV infection, B and C type hepatitis), which are provided under one-day hospitalization regime. The chorionic villus biopsy is settled for the pregnant women in the first pregnancy quarter and the amniocentesis is settled for pregnant women in the second pregnancy quarter only if carried out by physicians specialized in obstetrics/gynecology, with supra-specialization in maternal – foetal medicine.

The hospitalized medical services in case of child delivery are provided without any admission referral and are settled from the National Unique Health Insurance Fund regardless of the patient statute of insured individual.

The individuals not proving the payment of the contribution to the National Unique Health Insurance Fund shall benefit of medical services contained in the minimum medical services package that includes family planning services under primary medical assistance, monitoring of pregnancy and post-partum condition under primary medical assistance and specialized ambulatory regime and child delivery-related hospital care services.

In case of pregnancy and child birth and consequences thereof, the beneficiary of the relevant medical services or her wage earner does not bear the costs of the relevant services, and, according to the provisions of Law No 95/2006, republished, all pregnant women and childwives are exempted of the co-payment for the medical services related to the monitoring of the pregnancy and post-natal condition, while those who have no income or have earnings lower than the national minimum gross basic wage, are exempted of co-payment for all the required medical services.

The value of the drugs prescribed to pregnant women and childwives are settled from the Unique National Health Insurance Fund at the level of their reference prices.

According to the provisions of Law No 95/2006, republished, in order to prevent the sicknesses, to early identify the illness and to keep their health, the insured individuals shall be permanently advised, directly or through their medical services providers contracted by the health insurance houses, by the health insurance houses on the means intended to keep the health condition, to reduce or eliminate the sickness causes and the risks to which they are exposed if they are drug/alcohol or tobacco addicted.

VIII - 5. Level and Calculation of Benefit

Article 50. C102 and ECSS

In respect of suspension of earnings resulting from pregnancy and from confinement and their consequences, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66. The amount of the periodical payment may vary in the course of the contingency, subject to the average rate thereof complying with these requirements.

To calculate the maternity indemnity, the provisions or Article 65 are applied.

The amount of the maternity indemnity is established by applying the 85% at the calculation basis established by the law.

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

Women no longer insured individuals, due to reasons not attributable to them, shall take advantage of same rights if they deliver within 9 months as of the date of loosing their health insurance. Losing the health insurance due to causes not attributable to the pregnant woman shall be proved by official acts issued by her employers or other similar officers, and the indemnity shall be settled, from the National Unique Health Insurance Fund, by the health insurance houses having contracts with the relevant family physician.

VIII - 6. Qualifying period

Article 51. C102 and ECSS

The benefit specified in Articles 49 and 50 shall, in a contingency covered, be secured at least to a woman in the classes protected who has completed such qualifying period as may be considered necessary to preclude abuse, and the benefit specified in Article 49 shall also be secured to the wife of a man in the classes protected where the latter has completed such qualifying period.

The insured women are entitled to maternity indemnity if they previously contributed to the unforeseen event for at least 6 months during the past 12 months representing the qualifying period, up to the limit of 12 national minimum wages, used to calculate the contribution for leaves of absence and indemnities.

The minimum qualifying period entitling to maternity indemnity is 6 months during the last 12 months previous to the month of the unforeseen event.

VIII - 7. Minimum duration of Benefit

Article 52. C102 and ECSS

The benefit specified in Articles 49 and 50 shall be granted throughout the contingency, except that the periodical payment may be limited to 12 weeks, unless a longer period of abstention from work is required or authorised by national laws or regulations, in which event it may not be limited to a period less than such longer period.

The maternity indemnity is granted on the entire period in which the insured women take advantage of leave of absence for pregnancy and post-delivery, more precisely a period of 126 calendar days, for example, 63 days before birth and 63 days post delivery, with the possibility to compensate those periods, depending on the doctor recommendation and the individual option, so that the minimum duration of confinement leave as mandatory, to be 42 calendar days.

VIII - 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;

(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;

The payment of indemnities shall cease starting with the date next to the day on which:

a) the beneficiary has deceased;

b) the beneficiary does no longer meet the legal requirements for granting the indemnities;

c) the beneficiary has established the domicile on the territory of a State other than Romania not having any social security convention concluded with Romania;

d) the beneficiary has established the domicile on the territory of a State other than Romania having any social security convention concluded with Romania, when such convention provided for the payment of indemnities by the other relevant State.

VIII - 9. Right of complain and appeal

See under Part XIII-2

VIII - 10. Financing and Administration

See under Part XIII-3. Common provisions.

2019 CEACR’s conclusions

Part VIII (Maternity benefits), Article 49 of the Code. Medical care free of charge. The Committee notes from the indications provided by the Government that in the case of pregnancy, birth and their consequences, beneficiaries of medical services do not bear the costs involved, i.e. are exempted from copayment for the medical services related to the monitoring of the pregnancy and postnatal condition, while those who have no income or have earnings lower than the national minimum gross basic wage are exempted from copayment for all the required medical services. Recalling that by virtue of Article 49 of the Code, all women protected shall be entitled to free prenatal, confinement and postnatal care and related hospitalization, the Committee requests the Government to specify whether women giving birth in a hospital with earnings above the national minimum wage are required to pay the usual fee of 5 or 10 Romanian lei (RON) per day or any other copayments while they are in receipt of hospital treatment.

Please provide a reply to the Committee’s request.

The medical services for which the 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 outpatient clinic for recovery, physical medicine and balneology; the minimum level of co-payment is 5 lei and the maximum level is 10 lei. The value of the co-payment is established by each health unit based on its own criteria.According to the provisions of Title VIII of Law no. 95/2006, all pregnant women and women are exempted from co-payment, for medical services related to the evolution of the pregnancy, and those who have no income or have incomes below the minimum gross basic salary in the country, for all medical services.

Part IX. Invalidity benefit

Not accepted by Romania

List of applicable legislation

LAW no. 263 on 16th December 2010 on the unitary system of public pensions, published in the OFFICIAL JOURNAL of Romania Part I no. 852 on the 20th of December 2010; LAW no. 283 on 14th of December 2011; DECISION no. 297 on 27th of March 2012; DECISION no. 680 on 26th of June 2012; LAW no. 76 on 24th of May 2012, EMERGENCY ORDINANCE No. 29 of 20 June 2012, CONSTITUTIONAL COURT DECISION No. 680 of 26 June 2012, EMERGENCY ORDINANCE No. 44 of 23 August 2012, EMERGENCY ORDINANCE No. 15 of 23 August 2012, LAW No.187 of 24 October 2012, CONSTITUTIONAL COURT DECISION No. 956 of 13 November 2012, EMERGENCY ORDINANCE No. 1 of 22 January 2013, ORDINANCE No. 8 of 23 January 2012, EMERGENCY ORDINANCE No. 4 of 30 January 2013, LAW No.6 of 21 February 2013, LAW No.37of 8 March 2013, LAW No.168 of 29 May 2013, LAW No.241 of 17 July 2013, ORDINANCE No.16 of 30 July 2013, EMERGENCY ORDINANCE No.88 of 18 September 2013, CONSTITUTIONAL COURT DECISION No. 437 of 29 October 2013, LAW No.340 of 10 December 2013, EMERGENCY ORDINANCE No.113 of 18 December 2013, LAW No.380 of 24 December 2013, LAW No. 187 of 24 October 2012; CONSTITUTIONAL COURT DECISION No. 463 of 17 September 2014, EMERGENCY ORDINANCE No.68 of 21 October 2014, EMERGENCY ORDINANCE No.80 of 10 December 2014, EMERGENCY ORDINANCE No.83 of 12 December 2014, LAW No. 187 of 29 December 2014, LAW No.155 of 18 June 2015, LAW No.192 of 07 July 2015, LAW No.218 of 23 July 2015, LAW No.223 of 24 July 2015, EMERGENCY ORDINANCE No.57 of 9 December 2015, LAW No.325 of 16 December 2015, LAW No.340 of 18 December 2015, EMERGENCY ORDINANCE No.65 of 30 December 2015.

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

IX - 1. Regulatory framework

Article 53. 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 invalidity benefit in accordance with the following Articles of this Part.

IX - 2. Contingency covered

Article 54. C102 and ECSS

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

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

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

b) Neoplasia, schizophrenia and AIDS;

c) Common diseases and accidents unrelated to work.

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

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

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

IX - 3. Persons protected

Article 55. 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 way as to comply with the requirements of Article 67.

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

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

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

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

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

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

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

c) Third degree, characterized by loss of at least half of the working capacity, the person still being able to perform a professional activity for at most half of the full working time.

IX - 4. Level and Calculation of Benefit

Article 56. C 102 and ECSS

The benefit shall be a periodical payment calculated as follows:

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

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

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

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

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

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

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

a) 0.70 points for the first disability degree;

b) 0.55 points for the 2nd disability degree;

c) 0.35 points for the 3rd disability degree.

In accordance with the provisions of the Emergency Ordinance of Romanian Government no. 6/2009, since April 2009 was introduced the guaranteed minimum social pension. Law no.196/2009 approved G.E.O. No.6/2009, establishing the guaranteed minimum social pension. Law no. 118/2010 replaced the phrase "guaranteed minimum social pension" by the phrase "social indemnity for pensioners".

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

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

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

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

June 2016

- The invalidity pension amount 400 lei;

- The net wage gained before the risk 785 lei;

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

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

The pension point value is adjusted annually by 100% of the inflation rate plus 50% of the real growth in the average gross earnings of the previous year. Since 1 January 2016 the pension point value is 871.70 RON.

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

IX - 5. Qualifying period

§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.

Article 57. C102 and ECSS

1. The benefit specified in Article 56 shall, in a contingency covered, be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period which may be 15 years of contribution or employment, or 10 years of residence; or

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

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

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

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

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

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

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

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

Table no. 3*

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

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

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

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

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

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

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

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

b) Neoplasia,schizophrenia andSTDA;

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

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

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

IX - 6. Duration of Benefit

Article 58. C102 and ECSS

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

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

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

IX- 7. 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;

(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, pension payment is suspended from the month following the month in which:

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

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

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

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

IX - 8. Right of complaint and appeal

§1§3. 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.

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.

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

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

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

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

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

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

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

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

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

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

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

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

IX - 9. Financing and Administration

See under Part XIII-3

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

The incomes of the state social insurance budget come from:

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

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

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

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

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

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

Part X. Survivors’ Benefit

Not accepted by Romania

List of applicable legislation

§ LAW no. 263 from the16th of December 2010 on the unitary system of public pensions system published in the OFFICIAL JOURNAL of Romania Part I, no. 852 from the 20th of December 2010;; Law no. 283 from 14th of December 2011; Decision no. 680 from the 27th of March 2012; Law no. 76 from the 24th of May 2012 EMERGENCY ORDINANCE No. 29 of 20 June 2012, CONSTITUTIONAL COURT DECISION No. 680 of 26 June 2012, EMERGENCY ORDINANCE No. 44 of 23 August 2012, EMERGENCY ORDINANCE No. 15 of 23 August 2012, LAW No.187 of 24 October 2012, CONSTITUTIONAL COURT DECISION No. 956 of 13 November 2012, EMERGENCY ORDINANCE No. 1 of 22 January 2013, ORDINANCE No. 8 of 23 January 2012, EMERGENCY ORDINANCE No. 4 of 30 January 2013, LAW No.6 of 21 February 2013, LAW No.37of 8 March 2013, LAW No.168 of 29 May 2013, LAW No.241 of 17 July 2013, ORDINANCE No.16 of 30 July 2013, EMERGENCY ORDINANCE No.88 of 18 September 2013, CONSTITUTIONAL COURT DECISION No. 437 of 29 October 2013, LAW No.340 of 10 December 2013, EMERGENCY ORDINANCE No.113 of 18 December 2013, LAW No.380 of 24 December 2013, LAW No. 187 of 24 October 2012; CONSTITUTIONAL COURT DECISION No. 463 of 17 September 2014, EMERGENCY ORDINANCE No.68 of 21 October 2014, EMERGENCY ORDINANCE No.80 of 10 December 2014, EMERGENCY ORDINANCE No.83 of 12 December 2014, LAW No. 187 of 29 December 2014, LAW No.155 of 18 June 2015, LAW No.192 of 07 July 2015, LAW No.218 of 23 July 2015, LAW No.223 of 24 July 2015, EMERGENCY ORDINANCE No.57 of 9 December 2015, LAW No.325 of 16 December 2015, LAW No.340 of 18 December 2015, EMERGENCY ORDINANCE No.65 of 30 December 2015.

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

X - 1. Regulatory framework

Article 59. 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 survivors' benefit in accordance with the following Articles of this Part.

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

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

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

X - 2. Contingency covered

Article 60. C102 and ECSS

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

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

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

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

The children are entitled to a survivor’s pension:

a) unconditioned, up to the age of 16;

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

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

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

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

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

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

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

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

X - 3. Persons protected

Article 61. C102 and ECSS

The persons protected shall comprise:

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

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

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

X - 4. Level and Calculation of Benefit

Article 62. C102 and ECSS

The benefit shall be a periodical payment calculated as follows:

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

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

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

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

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

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

a) 50% - for one survivor;

b) 75% - for two survivors;

c) 100% - for three or more survivors.

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

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

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

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

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

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

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

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

June 2016

- The disability pension amount 400 Lei;

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

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

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

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

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

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

IX- 5. 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;

(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;

(j) in the case of survivors' benefit, as long as the widow is living with a man as his wife.

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

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

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

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

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

X - 6. Right of complaint and appeal

See under Part XIII-2, Part IX-8

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

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

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

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

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

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

X - 7. Financing and Administration

See under Part XIII-3

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

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

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

Part XI. Standards to be complied with by periodical payments

Part	Contingency	Standard Beneficiary	C102/ECSS Percentage
III	Sickness	Man with wife and two children	45
IV	Unemployment	Man with wife and two children	45
V	Old age	Man with wife of pensionable age	40
VI	Employment injury:
	Incapacity of work	Man with wife and two children	50
	Invalidity	Man with wife and two children	50
	Survivors	Widow with two children	40
VIII	Maternity	Woman	45
IX	Invalidity	Man with wife and two children	40
X	Survivors	Widow with two children	40

Determination of the standards wage of the skilled manual male employee

Article 65. C102 and ECSS

1. In the case of a periodical payment to which this Article applies, the rate of the benefit, increased by the amount of any family allowances payable during the contingency, shall be such as to attain, in respect of the contingency in question, for the standard beneficiary indicated in the Schedule appended to this Part, at least the percentage indicated therein of the total of the previous earnings of the beneficiary or his breadwinner and of the amount of any family allowances payable to a person protected with the same family responsibilities as the standard beneficiary.

2. The previous earnings of the beneficiary or his breadwinner shall be calculated according to prescribed rules, and, where the persons protected or their breadwinners are arranged in classes according to their earnings, their previous earnings may be calculated from the basic earnings of the classes to which they belonged.

3. A maximum limit may be prescribed for the rate of the benefit or for the earnings taken into account for the calculation of the benefit, provided that the maximum limit is fixed in such a way that the provisions of paragraph 1 of this Article are complied with where the previous earnings of the beneficiary or his breadwinner are equal to or lower than the wage of a skilled manual male employee.

4. The previous earnings of the beneficiary or his breadwinner, the wage of the skilled manual male employee, the benefit and any family allowances shall be calculated on the same time basis.

5. For the other beneficiaries, the benefit shall bear a reasonable relation to the benefit for the standard beneficiary.

6. For the purpose of this Article, a skilled manual male employee shall be:

(a) a fitter or turner in the manufacture of machinery other than electrical machinery; or

(b) a person deemed typical of skilled labour selected in accordance with the provisions of the following paragraph; or

(c) a person whose earnings are such as to be equal to or greater than the earnings of 75 per cent. of all the persons protected, such earnings to be determined on the basis of annual or shorter periods as may be prescribed; or

(d) a person whose earnings are equal to 125 per cent. of the average earnings of all the persons protected.

7. The person deemed typical of skilled labour for the purposes of subparagraph (b) of the preceding paragraph shall be a person employed in the major group of economic activities with the largest number of economically active male persons protected in the contingency in question, or of the breadwinners of the persons protected, as the case may be, in the division comprising the largest number of such persons or breadwinners; for this purpose, the international standard industrial classification of all economic activities, adopted by the Economic and Social Council of the United Nations at its Seventh Session on 27 August 1948, and reproduced in the Annex to this Convention, or such classification as at any time amended, shall be used.

8. Where the rate of benefit varies by region, the skilled manual male employee may be determined for each region in accordance with paragraphs 6 and 7 of this Article.

9. The wage of the skilled manual male employee shall be determined on the basis of the rates of wages for normal hours of work fixed by collective agreements, by or in pursuance of national laws or regulations, where applicable, or by custom, including cost-of-living allowances if any; where such rates differ by region but paragraph 8 of this Article is not applied, the median rate shall be taken.

10. 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.

Determination of the standards wage of the ordinary adult male labourer

Article 66. C102 and ECSS

1. In the case of a periodical payment to which this Article applies, the rate of the benefit, increased by the amount of any family allowances payable during the contingency, shall be such as to attain, in respect of the contingency in question, for the standard beneficiary indicated in the Schedule appended to this Part, at least the percentage indicated therein of the total of the wage of an ordinary adult male labourer and of the amount of any family allowances payable to a person protected with the same family responsibilities as the standard beneficiary.

2. The wage of the ordinary adult male labourer, the benefit and any family allowances shall be calculated on the same time basis.

3. For the other beneficiaries, the benefit shall bear a reasonable relation to the benefit for the standard beneficiary.

4. For the purpose of this Article, the ordinary adult male labourer shall be:

(a) a person deemed typical of unskilled labour in the manufacture of machinery other than electrical machinery; or

(b) a person deemed typical of unskilled labour selected in accordance with the provisions of the following paragraph.

5. The person deemed typical of unskilled labour for the purpose of subparagraph (b) of the preceding paragraph shall be a person employed in the major group of economic activities with the largest number of economically active male persons protected in the contingency in question, or of the breadwinners of the persons protected, as the case may be, in the division comprising the largest number of such persons or breadwinners; for this purpose, the international standard industrial classification of all economic activities, adopted by the Economic and Social Council of the United Nations at its Seventh Session on 27 August 1948, and reproduced in the Annex to this Convention, or such classification as at any time amended, shall be used.

6. Where the rate of benefit varies by region, the ordinary adult male labourer may be determined for each region in accordance with paragraphs 4 and 5 of this Article.

7. The wage of the ordinary adult male labourer shall be determined on the basis of the rates of wages for normal hours of work fixed by collective agreements, by or in pursuance of national laws or regulations, where applicable, or by custom, including cost-of-living allowances if any; where such rates differ by region but paragraph 6 of this Article is not applied, the median rate shall be taken.

8. 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.

Article 20. C121

1. In the case of a periodical payment to which this Article applies, the rate of the benefit, increased by the amount of any family allowances payable during the contingency, shall be such as to attain, in respect of the contingency in question, for the standard beneficiary indicated in Schedule II to this Convention, at least the percentage indicated therein of the total of the wage of an ordinary adult male labourer and of the amount of any family allowances payable to a person protected with the same family responsibilities as the standard beneficiary.

2. The wage of the ordinary adult male labourer, the benefit and any family allowances shall be calculated on the same time basis.

3. For the other beneficiaries, the benefit shall bear a reasonable relation to the benefit for the standard beneficiary.

4. For the purpose of this Article, the ordinary adult male labourer shall be:

(a) a person deemed typical of unskilled labour in the manufacture of machinery other than electrical machinery; or

(b) a person deemed typical of unskilled labour selected in accordance with the provisions of the following paragraph.

5. The person deemed typical of unskilled labour for the purpose of clause (b) of the preceding paragraph shall be a person employed in the major group of economic activities with the largest number of economically active male persons protected in the contingency in question, or of the breadwinners of the persons protected, as the case may be, in the division comprising the largest number of such persons or breadwinners; for this purpose the international standard industrial classification of all economic activities, adopted by the Economic and Social Council of the United Nations at its Seventh Session on 27 August 1948, as amended and reproduced in the Annex to this Convention, or such classification as at any time further amended, shall be used.

6. Where the rate of benefit varies by region, the ordinary adult male labourer may be determined for each region in accordance with paragraphs 4 and 5 of this Article.

8. No periodical payment shall be less than a prescribed minimum amount.

Means-tested social assistance

Article 67. C102 and ECSS

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

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

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

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

(d) the provisions of subparagraph (c) shall be deemed to be satisfied if the total amount of benefits paid under the Part concerned exceeds by at least 30 per cent. the total amount of benefits which would be obtained by applying the provisions of Article 66 and the provisions of:

(i) Article 15 (b) for Part III;

(ii) Article 27 (b) for Part V;

(iii) Article 55 (b) for Part IX;

(iv) Article 61 (b) for Part X.

2018

Average monthly gross income obtained in month October

Economic activity (NACE rev. 2 Section level)	Reference period	Major occupational group (ISCO-08 1 digit level)	Average monthly gross income obtained in October (lei/employee)
			Total employees	of which: men
Manufacturing	October 2018	MG7 (Craft and related trades workers)	3633	3919
		MG9 (Elementary occupations)	2822	2943

Data source: Statistical survey on salaries in month October – based on administrative data(the statement on compulsory payments of social contributions, taxes on income and the nominal records of insured persons (D112), managed by the National Tax Administration Agency and the General register of employees (REGES) managed by Labour Inspection).

Methodological notes:

The survey on salaries in October 2018 was exclusively carried out through the exploitation of administrative data sources and is aiming at determining the number of employees by gross basic salary group and gross achieved income group, the average gross basic salary and the gross achieved average income, by gender, age groups, activities of national economy, occupation groups and occupations, in October 2018.

Taking into account the changes in data sources and coverage, starting with the reference year 2013, the results of the Statistical survey on salaries in October are not comparable with the results achieved during previous years.

Coverage:

All the active enterprises with legal status, whose main activity comply with the CANE Rev. 2 divisions, codes 01-96, excluding the activity “Public administration and defence; social insurance from the public system" (division 84). The persons with labour agreement for the categories of employeewhose status is civil servant, magistrate (judge, prosecutor) and assimilated, high officials and assimilated are not included.

The estimation of results was drawn up for October 2018, for the employees with employment contract declared in the "General register of employees" (REGES), who have achieved income on salary basis and for whom the employers have filled in the "Statement on compulsory payments of social contributions, taxes on income and the nominal records of insured persons" (D112).

According to the national legislation provisions in force (GEO No. 79/2017, as subsequently amended and supplemented), the social security contribution and the social health insurance contribution paid by the employer were transferred to the employee; thus, starting with reference year 2018, these contributions are borne entirely by the employee, and reflected in the average monthly gross income.

Consequently, the indicator "average monthly gross income" produced and disseminated starting with reference year 2018 is no longer comparable to data series prior to 2018.

Definitions:

Number of employees comprises the persons with employment contract identified in the two administrative data sources (REGES and D112), with full time, paid for the whole month (23 days) in October 2018, even if they were absent from work due to medical leave days paid from the salary funds. Apprentices and part-time workers are not included.

Average monthly gross achieved income according to administrative data sources (D112) comprises the gross amounts achieved on salary basis and reported by employers for the employees, for the calculation of social insurance contributions. The gross achieved income includes the following components:

- gross basis salary established in the individual employment contract;

- bonuses, allowances and amounts granted as percentage of gross basic salary or as fixed amount, either permanent or not;

- other salary bonuses, stipulated by law or in the individual or collective employment contracts (bonuses, incentives, compensations, allowance for the annual holiday leave not-taken, the 13^th salary, holiday bonuses, as well as other amounts representing current income or related to previous periods);

- gross amounts resulting from payment “on hourly basis”, for emergency duties and clinical benefits;

- gross amounts granted for retirement;

- salary incomes, payments in kind and cash benefits that are not covered by the social security contributions (nominal value of meal vouchers, holiday vouchers, gift vouchers, transport tickets).

The following items are not included:

- gross amounts paid from the National Funds for Health Insurance (NFHI) in form of indemnities for temporary work incapacity caused illness or accidents outside the workplace, occupational diseases and work related accidents, indemnities to prevent illness and work capacity recovery, indemnities for maternity leave and other aids granted according to the E.O. no. 158/2005 regulating the holidays and health insurance benefits, with its subsequent modifications;

- gross sums paid from insurances against accidents at the workplace and occupational diseases as allowances for temporary work incapacity caused by occupational diseases and work related accidents, allowance for work time reduction or temporary having to do another job and other aids granted according to the law no. 346/2002 (republished) on insurance against work related accidents and occupational diseases, with its subsequent modifications;

- the amounts paid in 2018, but related previous years, including backdated paid arrears as consequence of wining the lawsuits involving the money rights related to previous years.

~~2017~~

~~Average monthly gross income obtained in month October~~

~~Economic activity (NACE rev. 2 Section level)~~	~~Reference period~~	~~Major occupational group (ISCO-08 1 digit level)~~	~~Average monthly gross income obtained in October (lei/employee)~~
			~~Total employees~~	~~of which: men~~
~~Manufacturing~~	~~October 2017~~	~~MG7~~ ~~(Craft and related trades workers)~~	~~2757~~	~~2952~~
		~~MG9~~ (~~Elementary occupations)~~	~~2179~~	~~2267~~

~~Data source:~~ Statistical survey on salaries in month October – based on administrative data (the statement on compulsory payments of social contributions, taxes on income and the nominal records of insured persons (D112), managed by the National Tax Administration Agency and the General register of employees (REGES) managed by Labour Inspection).

~~Methodological note~~s:

~~The survey on salaries in October 2017~~ was exclusively carried out through the exploitation of administrative data sources and is aiming at determining the number of employees by gross basic salary group and gross achieved income group, the average gross basic salary and the gross achieved average income, by gender, age groups, activities of national economy, occupation groups and occupations, in October 2017.

~~Coverage:~~

~~All the active enterprises with legal status,~~ whose main activity comply with the CANE Rev. 2 divisions, codes 01-96, excluding the activity “Public administration and defence; social insurance from the public system" (division 84). The persons with labour agreement for the categories of employee whose status is civil servant, magistrate (judge, prosecutor) and assimilated, high officials and assimilated are not included.

The estimation of results was drawn up for October 2017, for the employees with employment contract declared in the "General register of employees" (REGES), who have achieved income on salary basis and for whom the employers have filled in the "Statement on compulsory payments of social contributions, taxes on income and the nominal records of insured persons" (D112).

~~Definitions:~~

~~Number of employees~~ ~~comprises~~ ~~the~~~~persons with employment contract identified in the two administrative data sources (REGES and D112), with~~ ~~full time, paid for~~ ~~the whole month (22 days) in October 2017~~, even if they were absent from work due to medical leave days paid from the salary funds. Apprentices and part-time workers are not included.

~~Average monthly gross achieved income~~ ~~according to~~ ~~administrative~~data sources (D112) comprises the gross amounts achieved on salary basis and reported by employers for the employees, for the calculation of social insurance contributions. The gross achieved income includes the following components:

- ~~gross basis salary established in the individual employment contract;~~

- ~~bonuses, allowances and amounts granted as percentage of gross basic salary or as fixed amount, either permanent or not;~~

- ~~other salary bonuses, stipulated by law or in the individual or collective employment contracts (bonuses, incentives, compensations, allowance for the annual holiday leave not-taken, the~~ ~~13^th~~ ~~salary,~~ ~~holiday bonuses, as well as other amounts representing current income or related to previous periods);~~

- ~~gross amounts resulting from payment “on hourly basis”, for emergency duties and clinical benefits;~~

- ~~gross amounts granted for retirement;~~

- ~~salary incomes, payments in kind and cash benefits that are not covered by the social security contributions (nominal value of meal vouchers, holiday vouchers, gift vouchers, transport tickets)~~.

~~The following items are not included:~~

- ~~the amounts paid in 2017, but related previous years, including backdated paid arrears as consequence of wining the lawsuits involving the money rights related to previous years.~~

~~At the same time, we here below present a table containing the average wage used at the substantiation of the state budget for social security.~~

~~Year~~	~~Act~~	~~Average wage~~ ~~- in RON -~~
~~2011~~	~~287/2010~~	~~2,022~~
~~2012~~	~~294/2011~~	~~2,117~~
~~2013~~	~~6/2013~~	~~2,223~~
~~2014~~	~~340/2013~~	~~2,298~~
~~2015~~	~~187/2014~~	~~2,415~~
~~2016~~	~~340/2015~~	~~2,681~~

Part XII. Equality of treatment of non-national residents

§b Article 1. C102, §e) Article 1. ECSS

the term “residence” means ordinary residence in the territory of the Contracting Party concerned and the term “resident” means a person ordinarily resident in the territory of the Contracting Party concerned;

Article 68. C102

1. Non-national residents shall have the same rights as national residents: Provided that special rules concerning non-nationals and nationals born outside the territory of the Member may be prescribed in respect of benefits or portions of benefits which are payable wholly or mainly out of public funds and in respect of transitional schemes.

2. Under contributory social security schemes which protect employees, the persons protected who are nationals of another Member which has accepted the obligations of the relevant Part of the Convention shall have, under that Part, the same rights as nationals of the Member concerned: Provided that the application of this paragraph may be made subject to the existence of a bilateral or multilateral agreement providing for reciprocity.

In accordance with the provisions of Law no. 95/2006, republished, as subsequently amended and supplemented, within the framework of the Romanian social security system are insured (the form in force at the beginning of the reference period):

- art. 222 par. (1)

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;

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~~a) all Romanian citizens with residence in the country and who prove the payment of the contribution to the Fund under the present law;~~

b) foreign citizens and stateless persons who have applied for and obtained the extension of the right of temporary stay or residence in Romania and who prove the payment of the contribution to the Fund under the present law;

c) Citizens of EU Member States, EEA and Swiss Confederation who do not have insurance completed in the territory of 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, and who prove the payment of the contribution to the Fund under the present law;

d) persons from EU Member States, EEA and Swiss Confederations who meet the conditions of a frontier worker, ie they are employed or self-employed in Romania and reside in another Member State, where they return usually daily or at least once a week and who prove the payment of the contribution to the fund under the present law;

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 the domicile on the territory of a state with which Romania applies an agreement bilateral social security with provisions for sickness-maternity insurance and proof of payment of the contribution to the fund, under the present law.

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 (point e) (applicable as from 1 January 2018):

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 the domicile on the territory of a state with which Romania applies an agreement bilateral social security with provisions for sickness-maternity insurance.

~~- art. 222 par. (1)~~

~~a) all Romanian citizens with residence or stay in the country;~~

~~b) foreign citizens and stateless persons who have applied for and have obtained the right of temporary stay or residence in Romania;~~

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

(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 amended and supplemented, the quality of insured in the social health insurance system and the right to the basic package is granted from the date of commencement of the work / service relationship.

(3) 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. b) - h), as well as for the ones stipulated in art. 180 of Law no. 227/2015, as subsequently amended and completed, acquire the quality of insured in the social health insurance system and have the right to the basic package from the date of submission of the declaration, stipulated in art. 174 par. (3) of the Law no. 227/2015, as amended and supplemented.

(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 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.

According to article 4 of the Law no. 292/2011 on social assistance all Romanian citizens who are on the Romanian territory and have the domicile or residence in Romania, citizens of EU Member States, of the European Economic Area and Swiss Confederation, and also foreigners and stateless persons domiciling or residing in Romania are entitled to social assistance under the Romanian law and the EU regulations as well as the agreements and treaties to which Romania is a part, without any discrimination. The vulnerable persons are benefiting from measures and social protection actions whitout any restriction or preference of race, nationality, ethnic origin, language, religion, social status, opinion, sex or sexual orientation, age, political affiliation, disability, chronic illness or belonging to a disadvantaged category. The aforementioned persons have the right to be informed on the content and modalities for granting social assistance measures and actions. The right to social assistance is granted on request or ex officio, as appropriate, in accordance with the law.

Therefore, all the foreign citizen can be entitled to social assistance in Romania, and the Romanian legislation doesn’t stipulate any requirement of a period of residence in order to be entitled to the social assistance benefits.

Law no. 122/2006 on asylum in Romania, with subsequent modifications and completions, establishes the legal status of foreigners who are requesting a form of protection in Romania, the legal status of foreigners who are beneficiaries of a form of protection in Romania. According to the provisions of article 20 from Law no. 122/2006 on asylum in Romania, acknowledging refugee status or granting subsidiary protection offers the beneficiary the right to benefit from social assistance measures under the conditions stipulated by law for Romanian citizens and also the right to receive on request, within the limits of the disposable finances of the state, a reimbursable aid for a period of maximum 9 12 months if, due to objective reasons, one does not have the necessary financial means of existence. ~~This aid can be extended for another period of maximum 3 months.~~ The amount of such aid is set to 540 lei (122 euro);

The funds necessary to grant the reimbursable aid are ensured from the budget of the Ministry of Labour and Social ~~Justice~~Protection, through the National Agency for Payments and Social Inspection and the county payments and social inspection agencies.

Part XII. Common provisions

XIII – 1. Suspension of benefit

Article 69. C102, Article 68. ECSS

See under relevant Part of the Consolidated Report.

XIII – 2. 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.

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.

XIII – 3. Financing and Administration

§ Article 71. C102, Article 70. ECSS

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).

2019 CEACR’s conclusions - Pending

Part XII (Common provisions), Article 70(2) of the Code. Collective financing of benefits. The Committee recalls that section 42 of Government Emergency Ordinance No. 79/2017 of 8 November 2017 for amending and completing Law No. 227/2015 regarding the fiscal code determines the contribution rates for the pension insurance for 2018 and 2019 to be borne by employees at 25 per cent of their gross salary, whereas employers have to pay social insurance contributions only in case of difficult or special working conditions at a rate of 4 per cent and 8 per cent of the payroll, respectively. With regard to the health insurance, section 69 of the Government Emergency Ordinance states that “the share of the social health insurance contribution is 10 per cent and is due by the natural persons who are employed or for whom there is the obligation to pay the social health insurance contribution, according to the present law”. In addition, employers are obliged to pay a contribution of 2.25 per cent of the payroll for labour insurance providing inter alia for cash sickness and unemployment benefits and benefits in case of employment injury. In its previous conclusions, the Committee therefore requested the Government to demonstrate statistically that the total of the insurance contributions borne by the employees protected does not exceed 50 per cent of the total of the financial resources allocated to the protection of employees and their dependents and children under the Code. In its response, the Government points out that the increase of the contribution rate at the expense of employees was accompanied by fiscal compensatory measures preventing that, as a result of the reform, employees experience a reduction of their net income. Moreover, the Government presents figures showing that the total contributions borne by employees amounted (in 2018) to RON69 billion, whereas the direct social benefits amounted to RON114.6 billion. The Committee observes in this respect, that these figures do not demonstrate that the total contributions borne under the new rules by employees remain below the 50 per cent authorized by the Code. The Committee also observes that the indirect social benefits such as holiday vouchers, food allowances, fiscal facilities etc. to which the Government also refers cannot be taken into account, as these benefits do not belong to the category of social security benefits falling under the ambit of the Code. The Committee therefore requests the Government once again to recalculate the figures for the year 2019 only with regard to social security benefits provided under the Code (except for family and employment injury benefits). In this context, the Committee reminds the Government that, in accordance with this Article of the Code, the total contributions paid by employers for cash sickness and unemployment benefits may also be taken into account.

Please provide a reply to the Committee’s request.

According to the Convention no. 102/1952 of ILO regarding minimal social security norms, the analysis performed by the National Commission for Strategy and Prognosis (NCSP) concerns the protected persons from the category of active population representing at least 20% of the residents along with their wives and children. In this regard, two categories of low income persons were identified, namely unemployed and farmers.

Based on the data published by the National Institute for Statistics in the Household Labor Force Survey (AMIGO), conducted in line with ILO methodology, the following numbers were recorded in 2018 and 2019:

	UM		2018	2019
Active population	thou pers.	(1)	9068.2	9033.7
Unemployed	thou pers.	(2)	379.7	353.0
Farmers	thou pers.	(3)	1731.4	1633.3
Share in active population	%	(4)=[(2)+(3)]/(1)*100	23.2	22.0

Incomes and social benefits[6] and taxes, contribution, dues, fees of the protected persons identified above were the following:

· in 2018, farmers cashed social benefits of 249.8 lei/household/month while in 2019 these social benefits increased by 14.4% reaching 285.8 lei/household/month. The expenditures of farmers with taxes, contribution, dues, fees in 2018 were 167.2 lei/household/month and in 2019 amounted 190.7 lei/household/month, up by 14.0% compared to the previous year;

· in 2018, unemployed cashed social benefits of 359.6 lei/household/month while in 2019 these social benefits increased by 16.9% reaching 420.51 lei/household/month. The expenditures of unemployed with taxes, contribution, dues, fees in 2018 were 58.05 lei/household/month and in 2019 amounted 83.3 lei/household/month, up by 43.4% compared to the previous year;

· by aggregating the incomes and expenditures for the two above categories of active population (unemployed + farmers), the followimng shares of taxes, contribution, dues, fees in social benefits are obtained: 57.8% in 2018 and 58.4% in 2019.

As a result, the conclusions of evaluation for Part XII (common provisions) are:

· the share of identified protected persons in active population in 2019 was 22.0% down from 23.3% in 2018;

· the expenditures of identified protected households on taxes, contributions, dues and fees in 2019 represented 58.4% of social benefits, by 0.6 percentage points more than in 2018 (57.8%).

[1] Source: NIS, the statistical publication “Coordinates of living standard in Romania. Population income and consumption in 2019”, and TEMPO online data base

Please provide a reply to the Committee’s request.

RF/C102/ECSS:

1. Please state, the resources of each scheme concerned, and more particularly, the rate or the amount of the contributions raised on earnings for the purposes of financing the scheme, either by way of insurance contributions or of taxes.

2. Please furnish the following statistical information for the specific Parts.

Part N	Resources allocated to the protection of employees, their wives and their children (A)	Insurance contributions borne by the employees protected (B)
Part II
Part III
Part V
Part VIII
Total

3. Total in column B per cent of total in column A, above.

4. Please state to which extent responsibility has been assumed by the Member for the provision of benefits.

5. Please indicate the principal changes that have been made during the period covered by the reports as regards:

i. benefit;

ii. rates of contribution;

iii. other resources.

6. Please state whether the necessary actuarial studies and calculations concerning the financial equilibrium are made periodically. Where this has not already been done, please forward the results of any such studies and calculations.

Part XIII. Miscellaneous provisions

Article 74(1) of the Code. Consolidated reporting on the Code. The Committee notes that the Government has reviewed and updated the consolidated report. It requests the Government to complete this information by indicating in which way representatives of the persons protected (e.g. through their trade unions) participate in the management of the National Health Insurance Fund and the National House of Public Pensions.

Please provide a reply to the Committee’s request.

The administration of the public pension system is carried out through National House of Public Pensions, institution that is under Ministry of Labor and Social Protection authority.

The management of National House of Public Pensions is ensured by the board of directors composed of 19 members, out of which 5 are representatives of the employers' organizations representative at national level and 5 are trade union representatives, appointed by nationally representative trade unions.

According to the Government Decision no.118/2012, the responsibilities of the board of directors include:

- Approving the organizational structure of the territorial pension houses,

- Approving the training proposals for the pension houses staff,

- Approving the draft of the investment program of the pension houses,

- Approving the data for the substantiation and elaboration of the state social insurance budget,

- Approving the establishment of local pension houses,

- Approving the standard procedures according to which the specific operations within the territorial pension houses are carried out,

- Scrutinising the half-yearly reports prepared by the executive management of the National House of Public Pension regarding the fulfillment of the tasks,

- Scrutinising and approves the annual activity report,

Putting forward proposals for studies and analysis to be carried out with regard to the public pension system.

Annex 1. Maximum number of consults by type of Medical Care.

i) Primary medical assistance

The basic package includes:

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

1. Medical services for medical and surgical emergencies- Only one consultation per

person is granted for each emergency situation found, for which first aid was provided or which was resolved at the level of the medical office / home

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

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

~~- - Between June 1^th2016 and June 30^th 2019~~ fFor each acute/sub-acute illness episode or after the acute exacerbation of chronic illnesses are settled maximum two consults.

3. Chronic illnesses

- ~~- Between June 1^th2016 and June 30^th 2019~~ fFor all chronic illnesses is settled one consult per month per insured individual.

4. Active monitoring by an integrated management plan

~~Between June 1^th2016 and June 30^th 2019~~:

o The initial assessment of the newly identified case after the first registration quarter, which might include: 3 consultations may be granted by the family physician within a maximum of 3 consecutive months

o The patient monitoring is carried out two programmed consultations including the assessment of disease control, screening for complications, patient education, laboratory investigations and treatment and a new monitoring, all, are done after 6 consecutive months, calculated to the month in which it was conducted the second appointment in the previous monitoring of the case management

II. Preventive and prophylactic medical services:

~~Between June 1th2016 and June 30th 2019: t~~The frequency of consultations was as follows:

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

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

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

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

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

~~- according to the national immunization program;~~

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

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

~~Between June 1th2016 and June 30th 2019~~

Preventive consultations to assess the individual risk in asymptomatic adults that are actively provided in the family doctor's office to adults in the general population - without signs of disease - will be performed as follows:

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

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

5. Surveillance (assessment of environmental factors, advice on food hygiene) and detection of diseases with endemic potential~~Supervision and identification of endemic-epidemic potential illnesses~~

~~Between June 1th2016 and June 30th 2019 - o~~One consult is settled per individual for each illness with suspected and confirmed endemic-epidemic potential.

6. Family planning services:

~~Between June 1th2016 and June 30th 2019 -~~ 2 consults per yaer are settled for each insured individual

III. House consultations~~calls~~ are granted as follows:

- ~~Between June 1th2016 and June 30th 2019 – m~~Maximum 2 consults per each acute/sub-acute/exacerbation of chronic illness episode, maximum 4 consults per year for chronic and one consult for each emergency situation

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

Between July 1th 2016 and March 31th 2018, the maximum number of general ultrasound scans, EKG examinations carrying out and interpretation which might be provided and performed by the family physician during one hour can not be higher than 3.

~~Between April 1^th 2018 and June 30^th 2018, the maximum number of general ultrasound scans, which might be provided and performed by the family physician during one hour can not be higher than 3.~~

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

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

ii)Specialized medical assistance in clinical ambulatory

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

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

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

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

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

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

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

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

~~- Order No 763/377/2016 for the period between June 1st 2016 and March 31st 2017;~~

~~- Order No 196/139/2017 for the period between April 1st 2017 and March 31st 2018;~~

- Order No 397/836/2018 for the period between April 1st 2018 and June 30st ~~2019~~2020.

The basic medical services package includes:

1. Medical services for medical – surgical emergencies:

- ~~- Between June 1th2016 and June 30th 2019, a~~A single consult is settled for each person, for each established emergency case, for which the first aid was provided or which was resolved within the medical practice, except for children aged from 0 to 18 years, for whom maximum 2 consults are settled.

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

- ~~Between June 1th2016 and June 30th 2019, m~~Maximum 3 consults per insured individual are settled, within maximum 60 calendar days as of the date of the first consult, as required to establish the diagnosis, the treatment and the evolution of the case.

3. Chronic illnesses

- ~~Between June 1th2016 and June 30th 2019, m~~Maximum 4 consults per quarter for an insured individual are settled in order to carry out the clinical and paraclinical assessment, to prescribe the treatment and to monitor the health condition of the relevant individual, related to one or several illnesses treated within the same specialty, but not more than 2 consults per month

4. Identification of illnesses with endemic-epidemic potential:

- ~~Between June 1st, 2016 and June 30st, 2019, a~~A single consult per insured individual for each illness suspected and confirmed as having endemic-epidemic potential is settled.

5. Family planning services:

- ~~Between June 1st 2016 and June 30st 2019,~~ 4 consults per calendar year are settled for each insured individual.

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

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

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

- ~~between June 1^st 2016 and June 30^th 2019: a~~An average of 90 points per day owed to that/those who provide such services, except for the pediatric psychiatrist, whose scoring can not exceed an average of ~~180~~ 360 points per day

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

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

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

The basic medical services package includes:

- ~~- between June 1st 2016 and June 30st 2019 are settled the following:~~

o The initial specialized medical consult;

o The reassessment consult - is granted before the start of a series of specific physical and rehabilitation procedures, during the series of procedures or at the end of each series of procedures at a time which may not exceed 10 calendar days from the completion of the procedure.

o Specific physician and rehabilitation procedures, that can be given in a series of procedures

Procedures are granted for periods and at a rate set by the physician specialized in medical rehabilitation.

- The period for which specific physician and rehabilitation procedures are settled is up to 21 days per year for both children and adults except for children aged 0-18 with a confirmed diagnosis of cerebral palsy when specific medical procedures of physical and rehabilitation for a period of maximum 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 specialized in medical rehabilitation.

- In the case of split treatment periods at the physician*s specialized in medical rehabilitation recommendation for each treatment period, an initial consultation and re-evaluation consultation is arranged, but no more than two initial consultations and two re-evaluation visits per year .

- The series of specific physician and rehabilitation procedures established by the physician specialized in medical rehabilitation for an insured person includes up to 4 procedures / day of treatment. For a series of specific physical and rehabilitation procedures that take place in treatment centers in spa resorts, a maximum of 4 procedures / day are settled, of which 2 specific physician and rehabilitation procedures with natural therapeutical factors.

For situations where an insured person is not recommended for a number of specific physician and rehabilitation procedures, three consults per quarter for same illness are settled.

Dental medical assistance

The basic dental treatment and dental preventive services included the following:

~~Between June 1^st 2016 and June 30 ^th 2019:~~

- one consult every 12 months settled for one insured individual and one consult every 6 months for children from 0 to 18 years old

- one acrylic removable dental prosthesis settled once every 4 years;

- - sealing/tooth, procedure settled every 2 years.

Drugs with or without personal contribution prescribed in ambulatory

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

~~Between April 1st 2018 and June 30 th 2019:~~

c) for pensioners with pension incomes and social allowance for pensioners, up to ~~900~~ 1139 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.

In the balneary sanatoriums, the hospitalization periods settled are:

- ~~between June 1st 2016 and June 30st 2019: m~~Medical rehabilitation services: 14 to 21 days per year per insured individual granted in a single episode containing minimum 4 procedures per day.

[1] http://www.insse.ro/cms/ro/content/popula%C5%A3ia-rezident%C4%83-la-1-ianuarie-2019-%C5%9Fi-migra%C5%A3ia-interna%C5%A3ional%C4%83-%C3%AEn-anul-2018

[2] The index of earnings should correspond to the classes of employees or economically active persons shown under the Article dealing with persons protected (Article 27, 33 or 61). If no index of earnings is available, the index of money wages may be substituted.

[3] The indices at the beginning and end of each period should refer to the same base.

[4] The indices at the beginning and end of each period should refer to the same base.

~~[5]~~ Please calculate as a percentage of all residents. The resident population in January 20182019, according to TEMPO Online, was 19.414.45819.530.631 ~~persons.~~ ~~The average number of beneficiaries of child state allowance~~ ~~in 2018 2019 was~~ ~~3.591.4633.610.503~~ ~~which represents about 18,5 4 %~~ ~~of all resident population~~.