COUNCIL OF EUROPE
FORM
FOR THE
BIENNIAL REPORT
ON THE
EUROPEAN CODE OF SOCIAL SECURITY
(ARTICLE 76 – PARTS NOT SPECIFIED
IN THE RATIFICATION OF THE CODE
OR IN A NOTIFICATION MADE SUBSEQUENTLY)
________
STRASBOURG
R E P O R T
for the period from 1st July 2016 to 30th June 2018 made by the Government of Romania in accordance with Article 76 of the European Code on Social Security on the position of national law and practice in regard to the matters dealt with in Parts of the European Code of Social Security which have not been specified in the ratification of the Code or in a subsequent notification.
I. Please provide a list of legislation and administrative regulations, etc., applying the Code, under Article 2. Please specify in each case that these texts are part of the related code. Please send copies of that legislation.
Part IV – Unemployment benefit
· Law no. 76/2002 on the unemployment insurance and on employment stimulation, with the subsequent modifications and completions
· Government Decision no. 174 of 20 February 2002 for the approval of the Methodological Norms to the Law no 76/2002, updated till 20th March 2014, with the following modifications and completions:
o Rectification no. 174/2002;
o Government Decision no. 1.089/2002;
o Government Decision no. 934/2004;
o Government Decision no. 1.859/2005;
o Government Decision no. 312/2006;
o Government Decision no. 149/2008;
o Government Decision no. 449/2009;
o Government Emergency Ordinance no. 117/2010;
o Government Decision no. 113/2011;
o Government Decision no. 119/2014;
o Government Decision no. 133/2016;
o Government Decision no. 767/2016;
o Government Decision no. 885/2016;
o Government Decision no. 374/2017;
o Government Decision no. 80/2018.
Part VI – Benefits in case of employment injuries and professional diseases
Part IX – Invalidity benefit
Part X. Survivor’s benefits
1. LAW no. 263 from the16th of December 2010 on the unitary system of public pensions system published in the OFFICIAL JOURNAL of Romania Part I, no. 852 from the 20th of December 2010; Law no. 283 from 14th of December 2011; CONSTITUTIONAL COURT Decision no. 680 from the 27th of March 2012; Law no. 76 from the 24th of May 2012 GOVERNMENT EMERGENCY ORDINANCE No. 29 of 20 June 2012, CONSTITUTIONAL COURT DECISION No. 680 of 26 June 2012, GOVERNMENT EMERGENCY ORDINANCE No. 44 of 23 August 2012, GOVERNMENT EMERGENCY ORDINANCE No. 15 of 23 August 2012, LAW No.187 of 24 October 2012, CONSTITUTIONAL COURT DECISION No. 956 of 13 November 2012, GOVERNMENT EMERGENCY ORDINANCE No. 1 of 22 January 2013, GOVERNMENT ORDINANCE No. 8 of 23 January 2012, GOVERNMENT 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, GOVERNMENT ORDINANCE No. 16 of 30 July 2013, GOVERNMENT EMERGENCY ORDINANCE No. 88 of 18 September 2013, CONSTITUTIONAL COURT DECISION No. 437 of 29 October 2013, LAW No.340 of 10 December 2013, GOVERNMENT EMERGENCY ORDINANCE No. 113 of 18 December 2013, LAW No.380 of 24 December 2013, CONSTITUTIONAL COURT DECISION No. 463 of 17 September 2014, GOVERNMENT EMERGENCY ORDINANCE No. 68 of 21 October 2014, GOVERNMENT EMERGENCY ORDINANCE No. 80 of 10 December 2014, GOVERNMENT 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, GOVERNMENT EMERGENCY ORDINANCE No. 57 of 9 December 2015, LAW No.325 of 16 December 2015, LAW No.340 of 18 December 2015, GOVERNMENT EMERGENCY ORDINANCE No. 65 of 30 December 2015, LAW no. 142 of 12 July 2016, LAW no. 155 of 15 July 2016, LAW 172 of 7 October 2016, Law no. 186 on 20 October 2016, GOVERNMENT EMERGENCY ORDINANCE no. 99 on 15 December 2016, Law no. 1 on 6 January 2017, GOVERNMENT EMERGENCY ORDINANCE no. 2 on 6 January 2017, GOVERNMENT EMERGENCY ORDINANCE no. 3 on 6 January 2017, Law no. 2 on 12 January 2017, LAW no. 160 on 30 January 2017, LAW no. 7 on 16 February 2017, GOVERNMENT ORDINANCE no. 4 on 25 July 2017, GOVERNMENT EMERGENCY ORDINANCE no. 59 on 4 August 2017, GOVERNMENT EMERGENCY ORDINANCE no. 79 on 8 November 2017, GOVERNMENT EMERGENCY ORDINANCE no. 82 on 8 November 2017, Law no. 216 on 17 November 2017, Law no. 217 on 17 November 2017, GOVERNMENT EMERGENCY ORDINANCE no. 103 on 14 December 2017, Law no. 3 on 3 January 2018, GOVERNMENT EMERGENCY ORDINANCE no. 18 on 15 March 2018.
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 28th of March 2011; the GOVERNMENT DECISION no. 291 on 5 May 2017.
Part IV – Unemployment benefit
Article 19
Under article 47 par. (2) of the republished Romanian Constitution, citizens have a right to pension, paid maternity leave, medical care in public health centers, unemployment benefits and other forms of public or private social security prescribed by law. Citizens also have the right to social assistance measures according to law.
The entry into force of the Law No.76/2002 on the unemployment insurance system and employment stimulation regulated the measures to achieve the strategies and policies designed to protect individuals against the risk of unemployment, ensure a high level of employment and adapt the labour force to labor market requirements.
According to the express provisions of Art.1 of the law, in Romania each person is guaranteed the right to freely choose a profession and job, as well as the right to unemployment insurance.
According to Art.4 (1) of the same law, in implementing its provisions are excluded any discriminations on political grounds, race, nationality, ethnic origin, language, religion, social status, beliefs, sex and age.
Article 20
Under the provisions of Art.5 VII of the Law.76/2002 on the unemployment insurance system and employment stimulation, as amended and supplemented, in the sense of this law, the unemployment benefit is a partial compensation of the insured person's income following the loss of employment, or of the income of graduates of educational institutions who were unable to take-up employment.
Article 21
According to Art.5 IV of Law No.76/2002, with its subsequent changes and complements, the unemployed is the person who cumulatively meets the following requirements:
a) is in search of a job since the age of at least 16 years old until he/she meets the requirements for retirement;
b) is in good health and bodily and mentally able to take-up employment;
c) does not have a job, does not earn any income or the income generated from activities authorized according to the law is lower than the value of the reference social indicator for unemployment insurance and employment stimulation in force;
d) is ready to start working as soon as a job is to be found.
According to point VI of the same article, the insured person is the natural person who earns income, according to the law, and who is compulsorily insured in the unemployment insurance system, as well as the person who gets voluntarily insurance by concluding an unemployment insurance contract and by payment, under this insurance contract, of the contribution to the unemployment insurance budget.
Under Art.18 (2) of Law.76/2002, with its subsequent changes and complements, the insured persons can be:
a) Romanian citizens who are employed or earn income in Romania, according to the law, with the exception of the pensioners;
b) Romanian citizens working abroad, under the conditions of the law, except for persons who have the status of pensioners;
c) foreign citizens or stateless persons who, during the period of their domicile or residence in Romania, work or earn income, under the conditions of the law, except for the persons who have the status of pensioners.
As stipulated in paragraph (3) of the same article, the insured persons are entitled to receive unemployment indemnity, under this law.
According to the provisions of Article 19 of the invoked law, in the unemployment insurance system are compulsorily insured, by the law, with the exception of persons who have the status of pensioners:
a) persons who carry out activities on the basis of an individual labor contract or on the basis of a temporary employment contract, according to the law;
b) civil servants and other persons who perform activities based upon an appointment document;
c) people who perform activities in elected positions or are appointed within the executive, legislative or judicial authority, during their mandate;
d) persons who carry out their activities in elective positions within non-patrimonial legal entities, respectively entities, respectively within legal persons, which according to their own organizational and functioning laws, carry out non-profit activities, such as: associations, foundations, political parties, trade union organizations, mutual aid houses, religious cults, during their term of office, with the exception of the position of president of the owners' association or other persons who carry out activities under the mandate contract, according to Law no.230/2007 on the establishment, organization and functioning of the owners' associations, with its subsequent amendments;
e) persons who carry out activities on the basis of a registered employment relationship, as a cooperative member, according to Law no.1/2005 on the organization and functioning of the cooperatives, republished;
f) directors working on a mandate contract and directors from dual-funded companies and the supervisory board, during their term of office, as well as managers who perform contract based activities under the management contract provided by law;
g) administrators of companies, national companies/companies and autonomous administration, appointed under the terms of the law, who carry out activities on a mandate contract basis;
h) natural persons who earn wages or an assimilated income in Romania or on the territory of a Member State of the European Union, of the European Economic Area or the Swiss Confederation, for which the competent authorities of these states or the bodies designated by these authorities establish that, for the income realized outside Romania, the applicable legislation in the field of compulsory social contributions is that of Romania;
i) natural persons who are Romanian citizens, citizens of other states or stateless persons, during the period when they have, according to the law, their domicile or residence in Romania, and who earn in Romania wages or an assimilated income from employers from states that do not fall under the European legislation applicable in the field of social security, as well as the agreements on social security systems to which Romania is a party.
In accordance with Art.20 of Law no.76/2002, with its subsequent changes and complements, the following persons can be insured in the unemployment insurance system, according to this law:
a) sole associate, associates;
b) authorized natural persons, entrepreneurs who are natural persons, holders of individual enterprises, as well as members of family enterprises;
c) Romanian citizens working abroad, according to the law, who do not find themselves in the situation provided for in art.19 h);
d) other persons who earn an income from activities performed according to the law and who do not find themselves into any of the situations mentioned under a)-c).
Under Art.22 (1) and (2) of the above-mentioned legal document, the persons provided for in Art.20 can conclude an unemployment insurance contract with the employment agency within the area of which their domicile or, as the case may be, residence is located, if they are at least 18 years old and are insured in the public pension system and the health insurance system, while the monthly income insured cannot be lower than the minimum base gross guaranteed wage established by law, or higher than the equivalent of 5 times the average gross wage established by law, in force in the month for which the unemployment insurance contribution mentioned in art.20 (2) is paid.
Article 22 and Article 23
1. Where classes of employees are protected, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66.
2. Where all residents whose means during the contingency do not exceed prescribed limits are protected, the benefit shall be a periodical payment calculated in such a manner as to comply with the requirements of Article 67; provided that a prescribed benefit shall be guaranteed, without means test, to the prescribed classes of employees determined in accordance with Article 21.a.
The benefit specified in Article 22 shall, in a contingency covered, be secured at least to a person protected who has completed such qualifying period as may be considered necessary to preclude abuse.
According to Art.5 V of the Law No.76/2002, with its subsequent changes and complements,within the meaning of this law, the contribution period is the period of time for which the person was compulsorily insured in the unemployment insurance system, as well as the period of time for which the person was voluntarily insured by concluding an unemployment insurance contract and by paying, under this contract, the contribution to the unemployment insurance budget.
According to Art.34 (1) of the above-mentioned law, the unemployed provided for in Art.17 (1) shall receive unemployment indemnity if they meet cumulatively the following conditions:
a) have a contribution period in the unemployment insurance system of minimum 12 months during the last 24 months prior to the registration of their application;
b) do not earn any income or earn, from legally authorized activities, an income lower than the value of the reference social indicator for unemployment insurance and employment stimulation in force;
c) do not meet the requirements for retirement, according to the law;
d) are registered with the employment agencies within the area of which they domicile or residence, respectively is located, if they had their last job or they earned income in that locality.
According to Art.371 (1) of the above-mentioned law, upon setting the minimum contribution period to 12 months during the last 24 months prior to the registration of the application, provided for in Art.34 (1) a), shall not be taken into account the contribution periods used earlier for setting and granting a right to unemployment benefit.
Under para.(2) of the above-mentioned Article, the periods representing a contribution period that were used to set and grant an earlier right to unemployment benefit, provided in para.(1), shall be taken into account in establishing the contribution period used to establish the period for granting unemployment benefits and the amount of this right, provided for in Article 39 of the law.
Under Art.39 (1) of the Law No.76/2002, with its subsequent changes and complements, the unemployment benefit is granted to the unemployed stipulated in Art.17 (1) for periods established differently, according to their contribution period, as follows:
a) 6 months for a contribution period of at least 1 year;
b) 9 months for a contribution period of at least 5 years;
c) 12 months for a contribution period higher than 10 years.
According to para.(2) of the above-mentioned Article, the amount of the unemployment benefit stipulated in para.(1) is a monthly amount that varies function of the contribution period, as follows:
a) 75% of the reference social indicator of unemployment insurance and employment stimulation in force at the date of calculation, for people with a contribution of at least one year;
b) the amount mentioned in para. (a) plus an amount calculated by applying to the base average gross monthly wage for the last 12 months of contribution period, a percentage quota that varies function of the length of the contribution period.
As provided in para. (3) of the above-mentioned Article, the percentage quotas, which vary function of the length of the contribution period, provided in para.(2) b), are as follows:
a) 3% for persons with a contribution period of at least 3 years;
b) 5% for persons with a contribution period of at least 5 years;
c) 7% for persons with a contribution period of at least 10 years;
d) 10% for persons with a contribution period of at least 20 years.
According to Art.39 (4) of the above-mentioned law, for persons who were insured under a contract of unemployment insurance, in setting the amount calculated by applying a different percentage quota function of the length of the contribution period, provided in para. (2) b), will be taken into account the monthly income declared in the unemployment insurance contract.
According to Art.191 (1) of the Methodological Norms for implementing Law No.76/2002, approved by Decision of the Government No.174/2002, with its subsequent changes and complements,the incomes which form the basis of calculation of the unemployment indemnity provided in art.39 paragraph (21) of the law are the incomes that form the basis of calculating the insurance contribution for labour.
In accordance with para.(2) of the above-mentioned Article, for the persons who were insured under an unemployment insurance contract, to determine the amount calculated by applying a percentage quota function of the length of the contribution period, provided for in Art.39 (2) b) of the Law, will be considered the monthly income declared in the unemployment insurance contract concluded by such persons, according to the law, and for which was calculated and paid the due contribution to the unemployment insurance budget, as provided for in Art. 20 (2) of the law.
Under Article 164 (1) of Law No.53/2003 - Labour Code, republished, as amended and supplemented, the minimum gross salary guaranteed for payment, corresponding to normal working hours, is set by Government Decision following consultations with the trade unions and employers' organizations. In case the normal working hours are, by law, less than 8 hours daily, the minimum gross hourly wage is calculated by applying the nationwide base minimum gross wage to the average number of hours per month, according to the approved legal working hours.
Part VI - Employment injury benefit
Article 31
Each Contracting Party for which this part of the Code is in force shall secure to the persons protected the provision of employment injury benefit in accordance with the following articles of this part.
In Romania benefits in case of accidents at work and professional diseases are regulated by law and by methodological norms for the application thereof. According to law provisions, the protection is provided both on grounds of a mandatory scheme, as well as of a voluntary scheme, differentiated on more categories of covered persons.
The system of insurance for the accidents at work and professional diseases covers all the employees and assimilated, public servants, i.e. most of the active population, residents included, according to provisions of art. 5 and Art. 7 of Law no. 346/2002, republished, with its subsequent amendments and complements.
The income of the insurance system for accidents at work and occupational diseases is constituted by the insurance contribution for labor, according to the provisions of Law no. 227/2015 regarding the Fiscal Code, with subsequent amendments and completions.
The income of the insurance system for accidents at work and occupational diseases is set differently from the income part 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 organization and functioning of the insurance system regulated by the Law no.346/2002, republished, with its subsequent amendments and complements.
The expenses for the insurance benefits and services for accidents at work and occupational diseases and the expenses for the organization 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) medical rehabilitation and recovery of capacity of work;;
b) rehabilitation and professional reconversion;
c) specialized investigations and laboratory analyzes necessary to establish the professional character of the diseases
d) allowance for temporary incapacity of work
e) allowance for temporary transfer to another work place and allowance for shortening the working time
f) compensations for prejudice to integrity;
g) damage in case of death;
h) reimbursement of expenses;
i) occupational injury prevention and occupational disease prevention
j) medical services provided in legal entities with legal personality and occupational diseases sections / compartments / occupational medicine or outpatient system through the occupational medicine cabinets in the structure of hospitals for the treatment of occupational diseases and work accidents
k)) invalidity pension as a result of an accident at work or occupational disease;
l) survivor's pension in the event of death as a result of an accident at work or occupational disease. 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 or in out-patient department through the labour medicine cabinets in the structure of hospitals is established by methodological norms approved by joint order of the Minister of Health and of the Minister of Labor and Social Justice.
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 for insurance benefits and services for accidents at work and occupational diseases.
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.
Article 32
The contingencies covered shall include the following where the state of affairs described is due to accident or a prescribed disease resulting from employment:
a. a morbid condition;
b. incapacity for work resulting from such a condition and involving suspension of earnings, as defined by national laws or regulations;
c. total loss of earning capacity or partial loss thereof in excess of a prescribed degree, likely to be permanent, or corresponding loss of faculty; and
d. the loss of support suffered by the widow or child as the result of the death of the breadwinner; in the case of a widow, the right to benefit may be made conditional on her being presumed, in accordance with national laws or regulations, to be incapable of self-support.
Definition of risk
The insurance system for hazardous injuries and occupational diseases covers all the employees and assimilated, public servants, i.e. most of the active population, residents included, according to provisions of art. 5 and Art. 7 of Law no. 346/2002 republished, with its subsequent amendments and complements.
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 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.
Art. 5 of Law no. 319/2006 with its subsequent amendments 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 republished, with its subsequent amendments and complements.
“Art. 35. The duration of temporary work incapacity allowance is 183 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 183 days.
(3) The prolongation of medical leave, for more than 183 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, with its subsequent amendments and complements shall be the accidents of work and the occupational diseases defined in compliance with the provisions of the Law on health and safety no.319/2006, with subsequent modifications.
For the purposes of the Law on health and safety no.319/2006, with subsequent modifications, the terms “labour accident “ and “occupational disease” shall have the following meanings:
- labour accident - violent bodily harm and the acute professional intoxication, occurred during the labour process or while carrying out the job duties and which cause temporary labour incapacity of at least 3 calendar days, invalidity or death;
- occupational disease - the disease caused by the performance of a trade or profession, triggered by noxious physical, chemical or biological agents characteristic to the work place, and by the overtaxing of different organs and systems of the body in the labour process.
An accident at work shall also be:
a) the accident suffered by person visiting the undertaking and/or establishments, with the employer's permission;
b) the accident suffered by those carrying out state or public interest duties, including while performing cultural, sports activities, during and owing to the carrying out of these duties;
c) the accident suffered within organized cultural-sports activities, during and owing to the pursuit of these activities;
d) the accident suffered by any person as a consequence of an action undertaken at his/her own initiative, for salvage of human lives;
e) the accident suffered by any person as a consequence of an action undertaken at his/her own initiative, for the prevention or removal of a danger that is a threat to the public and private wealth;
f) the accident caused by activities not related to the work process, if it occurs at the head office of the legal person or at the address of the natural person, as employer, or at any other workplace organized by these, during the work schedule and the injured person is not exclusively to blame;
g) the accident on the route, during and on the normal route while the worker is travelling from the workplace to the domicile and the other way round;
h) the accident occurred while travelling from the head office of the legal person or from the address of the natural person to the work place or from a workplace to another, for the carrying out of a job duty;
i) the accident occurred while travelling from the head office of the legal person or from the address of the natural person where the victim is registered, or from any other workplace organized by such persons, to another legal or natural person, for the carrying out of a job duty, during the normal travelling schedule;
j) the accident suffered before or after stopping work, if the victim was taking over or handing over work tools, the workplace, the machine or or materials, if it was getting dressed with or undressed of his private clothes, the individual protection outfit or any other equipment made available by the employer, if he was in the bathroom or the lavatory or if he was coming from the work place towards the exit of the undertaking or establishment or other way round;
k) the accident occurred during the regular breaks, if it took place in places organized by the employer, as well as during and on the normal route towards or coming from such places;
l) the accident suffered by workers of Romanian employers or by Romanian natural persons, delegated to carry out their job duties outside the borders, for the duration and route provided in the travel document;
m) the accident suffered by the Romanian personnel that undergoes works or services on the territory of other countries, based on contracts, conventions or in any other conditions provided by the law, concluded by Romanian legal persons with foreign partners, during and owing to the carrying out of these duties;
n) the accident suffered by those that attend courses for qualification, re-qualification and improvement of professional training, during and owing to the activities related to their probation;
o) the accident determined by natural phenomena and disasters, such as storm, snowstorms, earthquakes, floods, landslides, thunderbolt (electrocution), if the victim is performing work or is carrying out its job duties;
p) a missing person, provided that there is an accident at work and under circumstances that enable a death supposition;
q) the accident suffered by a person while carrying out its job duties, as a result of an aggression.
In the cases mentioned in the above paragraph g), h), i) and l), the travel must take place without unjustified departures from the regular route, and, likewise, the transport must be made under the terms provided by the regulations concerning the security and health at work or the traffic regulations in force.
The accidents at work shall be classified, in ratio to the consequences and to the number of injured persons, into:
a) accidents that lead to temporary work incapacity that lasts at least 3 days;
b) accidents that lead to invalidity;
c) fatal accidents;
d) collective accident, when at least three persons are injured at the same time and for the same reasons.
Occupational diseases shall also be the diseases suffered by pupils and students during the professional practice.
Article 33
The persons protected shall comprise prescribed classes of employees, constituting not less than 50 per cent of all employees, and, for benefit in respect of death of the breadwinner, also their wives and children.
The conditions for being entitled to benefits are as following:
- to have the status of person insured;
- to have been the victim of a labour injury of professional disease, recorded and declared according to legal provisions.
In conformity with the provisions of Article 1 of Law no. 346/2002, republished, with its subsequent amendments and complements „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 Lawno.346/2002, republished, with its subsequent amendments and complements:
a) persons carrying out activities on the basis of an individual labour contract, a work report, a mandate contract and a management contract;
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) persons receiving unemployment benefit throughout their professional practice in courses organized according to the law;
d) apprentices, pupils and students, for the duration of the professional practice;
e) pensioners in the public pension system who are disabled due to an accident at work or occupational disease until the date of fulfillment of the old-age pension conditions.
The provisions of the Law no.346/2002, republished, with its subsequent amendments and complements, does not apply to military staff in the service, police officers, civil servants with special status, as well as to personnel working in institutions of defense, public order, national security, as well as those within the Ministry of Justice - National Administration of Penitentiaries.
II. Are also insured the Romanian employers that perform work abroad at the order of the Romanian employers, under the law and European regulations or international agreements on the coordination of social security systems, as the case may be. Are also insured the foreign citizens or stateless persons with an individual employment contract who work for a Romanian employer on the territory of Romania. The assured persons are the citizens of the EU Member States, the EEA and the Swiss Confederation who work on the territory of Romania on the basis of European regulations or international agreements on the coordination of social security systems no. 883/2004 and 987/2009, as appropriate.
Article 34
1. In respect of a morbid condition, the benefit shall be medical care as specified in paragraphs 2 and 3 of this article.
2. The medical care shall comprise:
a. general practitioner and specialist in-patient care and out-patient care, including domiciliary visiting;
b. dental care;
c. nursing care at home or in hospital or other medical institutions;
d. maintenance in hospitals, convalescent homes, sanatoria or other medical institutions;
e. dental, pharmaceutical and other medical or surgical supplies, including prosthetic appliances, kept in repair, and eyeglasses; and
f. the care furnished by members of such other professions as may at any time be legally recognized as allied to the medical profession, under the supervision of a medical or dental practitioner.
3. The medical care provided in accordance with the preceding paragraphs shall be afforded with a view to maintaining, restoring or improving the health of the person protected and his ability to work and to attend to his personal needs.
The income of the insurance system for accidents at work and occupational diseases is constituted by the insurance contribution for labor, according to the provisions of Law no. 227/2015 regarding the Fiscal Code with subsequent amendments and completions, as provided in art. 91 of Law no. 346/2002 republished, with its subsequent amendments and complements.
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 organization 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;
h) invalidity pension as a result of an accident at work or occupational disease;
i) survivor's pension in the event of death as a result of an accident at work or occupational disease.
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 specialized means of transport and hospitals, as well as the related transport;
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 specialized in occupational diseases;
d) treatment for the recovery of the capacity of work in specialized 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 specialized in occupational diseases;
c) treatment for the recovery of the capacity of work in specialized 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 and Social Justice.
In order to correct and recover the organic, functional or physical deficiencies caused by work accidents at work and occupational diseases, the policy holders shall be entitled to medical devices, that will be provided by the National Institute for Medical Expertise and Recovery of Labor Capacity through their own personnel or by third parties.
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 and Social Justice.
The medical tariffs and devices for the correction and recovery of organic, functional or physical deficiencies are established by the framework contract on the conditions for granting medical assistance within the health social insurance system, approved annually by Government Decision and by the methodological norms for the application of this contract.
For the medical rehabilitation and recovery of capacity of work the policy holders shall benefit by individual recovery programmes, established by the specialized 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.
Those receiving balneoclimatear treatment or treatment ticket, but for which no individual recovery programs are recommended according to the legal provisions in force, the treatment tickets are granted on the basis of a medical recommendation issued by the treating physician.
The policy holder shall be under the obligation to follow and comply with the individual recovery programmes established by the specialized physician of the insurer.
The right to benefits and services for medical rehabilitation and recovery of capacity of work shall be suspended in case the policy holder does not follow or comply with the individual recovery programme.
The medical treatment during the individual recovery programme, as well as the accommodation and meal in the medical units shall be paid by the insurer in compliance with the tariffs and criteria established in the framework-agreement concerning the conditions for granting medical care within the health social insurance system, annually approved by a Government Decision, and by the methodological norms of application of this contract.
The units offering medical benefits and services shall be established by the insurer in view of medical rehabilitation and recovery of the capacity of work of the policy holder who have undergone accidents at work and occupational diseases.
The tariffs for the medical benefits and services related to medical rehabilitation and recovery of the capacity of work shall be established based on the provisions existing in the framework-agreement of the health social insurance system.
Article 35
1. The institutions or government departments administering the medical care shall co-operate, wherever appropriate, with the general vocational rehabilitation services, with a view to the re-establishment of handicapped persons in suitable work.
2. National laws or regulations may authorize such institutions or departments to ensure provision for the vocational rehabilitation of handicapped persons.
The National House of Public Pension, hereinafter called CNPP, shall have the capacity of insurer, under this law. The specific attributions of insurance against accidents at work and occupational diseases shall be exercised by the territorial pension funds.
The insurance relations, resulted pursuant to this law and from the insurance contracts, shall be established among employers and insurer, for the insured persons provided at Art. 33, points I and II (see above);
The quality of the insured is acquired and the insurance ratios are set at the date of conclusion of the individual labor contract, the establishment of the service relations for the civil servants, the validation of the mandate for the persons performing elective functions, the appointment within the executive, legislative or judicial authority, submitting membership to cooperative members, starting professional practice for unemployed, apprentices, pupils and students as appropriate.
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 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 until the date of fulfillment of the old-age pension conditions.
In the case of occupational diseases declared under the law, subsequently to the termination of the labour relationship, the right to benefits and insurance benefits is also granted after termination of the labour relationship if the person proves, with medical records issued according to the law, that the disease was caused by factors occupationally specific to the place of work and if it has been insured under the terms of this law.
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.
Romanian employees who work abroad from the disposition of the Romanian employers are ensured that at the date of confirmation of the professional character of the work accidents or occupational diseases they have a document issued according to the European regulations for coordination of the social security systems no. 883/2004 and no. 987/2009 stating that they are subject to social security legislation in Romania.
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 guide and control the activity of prevention of accidents at work and occupational diseases;
e) to control the manner to grant the benefits and services of insurance against accidents at work and occupational diseases, provided by this law;
f) to organize the records of the insurance cases, as well as of the insurance costs at national level;
g) it may organize the instruction, training and improvement of training of the staff within the field of insurance against accidents at work and occupational diseases;
h) 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;
Article 36
1. In respect of incapacity for work, total loss of earning capacity likely to be permanent, or corresponding loss of faculty, or the death of the breadwinner, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66.
2. In case of partial loss of earning capacity likely to be permanent, or corresponding loss of faculty, the benefit, where payable, shall be a periodical payment representing a suitable proportion of that specified for total loss of earning capacity or corresponding loss of faculty.
3. The periodical payment may be commuted for a lump sum:
a. where the degree of incapacity is slight; or
b. where the competent authority is satisfied that the lump sum will be properly utilized.
The benefits paid on a periodic base in case of work accidents and occupational diseases are the disability pension and the survivor pensions caused by work accidents work and occupational disease. These benefits are described in Part IX – Disability Pensions and Part X – Survivor benefits from the Report, with no difference according to the cause of the event.
The revision of periodic payments is made according to the rules described at Part IX- Disability benefits and Part a X-a – Survivor benefits from the Report.
|
Benefits and services |
Level of benefits |
|
allowances for temporary incapacity of work, for shortening the working time or for the temporary transfer to another workplace |
The basis for calculating the allowances for temporary work incapacity, for reducing the working time or for temporary transfer to another workplace is determined as the average of the gross earnings defined according to the Law no. 227/2015 on the Fiscal Code, as subsequently amended and supplemented, made monthly by the insured, from salaries or income assimilated to salaries in the last 6 months preceding the first day of sick leave. If the contribution period is less than 6 months, the basis for calculating the allowances for temporary work incapacity, for reducing working time or for temporary shift to another workplace is the average of gross earnings realized monthly by the insured person salaries or income assimilated to salaries. If the contribution period is less than one month, the calculation basis of the indemnities is the gross monthly earnings achieved by the insured in the first month of activity. 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 determining the number of days to be paid, account is taken of the legal provisions regarding holidays declared as non-working days, as well as those related to the establishment of the work schedule provided for in the collective labor agreements. |
|
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 lose 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. |
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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. 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, of the amounts provided for insurance against accidents at work and occupational diseases in the state social insurance budget. The period of granting of the allowance for the temporary incapacity of work shall be of 183 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 183 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 183 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 for work due to accidents at work and occupational diseases shall be granted on the basis of the medical certificate issued in accordance with the legal provisions and supplemented or modified, as the case may be, with the corresponding indemnity codes and constitutes a document of payment. 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. |
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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. |
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compensations for prejudice to integrity |
All insured persons or persons who have been insured under the provisions of the present law have the right to compensation for the integrity of the accident and who have suffered from permanent injuries that cause deficiencies and reduce their working capacity as a result of accidents at work or occupational diseases between 20 - 50%, excluding persons who benefit from an invalidity pension. 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 compensation for achieving integrity is determined by the severity of the injury, within the limit of a maximum of 12 minimum gross national salaries guaranteed in payment at the time of confirmation of the occupational nature of the accident or disease. 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. |
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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. |
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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) manufacture of glasses, acoustic devices, eye prostheses where they are necessary or have been damaged as a result of an accident at work or occupational disease; c) in case of applying of medical devices that can be implanted by surgery in view of recovery of the organic, functional or physical caused by accidents at accidents at work and occupational diseases. The costs covered by the insurer shall be destined to insure the recovery of the functionality of the body of the policy holder, and their quantum shall be established on an annual basis by a decision of the NFPOSIB. |
Article 37
The benefit specified in Articles 34 and 36 shall, in a contingency covered, be secured at least to a person protected who was employed on the territory of the Contracting Party concerned at the time of the accident if the injury is due to accident or at the time of contracting the disease if the injury is due to a disease and, for periodical payments in respect of death of the breadwinner, to the widow and children of such person.
Article 38
The benefit specified in Articles 34 and 36 shall be granted throughout the contingency, except that, in respect of incapacity for work, the benefit need not be paid for the first three days in each case of suspension of earnings.
Jurisdiction of insurance against accidents at work and occupational diseases is carried out through the labor and social security divisions established at the tribunals and courts of appeal.
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 present law on the jurisdiction of insurance against accidents at work and occupational diseases shall be supplemented by the provisions of Law no. 287/2009 on the Civil Code, republished, as amended, and of Law no. 134/2010 on the Civil Procedure Code, republished, as subsequently amended.
The undue amounts cashed as benefits and services for accidents at work and occupational diseases shall be recovered from the beneficial owners within the 3-year general status of limitation. The amounts shall be recovered from the beneficial owners based on the decision of the competent body that represents a writ of execution. The unrecovered amounts left from the deceased beneficial owners shall no longer be pursued.
Part IX – Invalidity benefit
Article 53
Each Contracting Party for which this part of the Code is in force shall secure to the persons protected the provision of invalidity benefit in accordance with the following articles of this part.
At national level, 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.
Article 54
The contingency covered shall include inability to engage in any gainful activity, to an extent prescribed, which inability is likely to be permanent or persists after the exhaustion of sickness benefit.
The 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 invalidity pension is awarded as a consequence of:
· Hazardous injuries and professional diseases, according to law provisions;
· Neoplasia, schizophrenia and AIDS;
· Common diseases and accidents unrelated to work.
In relation to the degree of reduction of the working capacity, the disability is of:
• First degree, characterized by total loss of the working capacity and of the self-sufficient capacity;
• Second degree, characterized by total loss of the working capacity, and preservation of the self-sufficient capacity;
• 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.
Disability pension is granted during the entire period the person is classified within a class of disability if the person has not achieved yet the standard retirement age.
Following a recent amendment to Pension Law, adopted by the Parliament (Law. No. 217/2017), all invalidity pensioners, irrespective of their class of disability, are allowed to engage in gainful activities either dependent (except labour contract, appointment as civil servant, elective positions and cooperative members)) or independent, without losing the benefit.
Article 55
The persons protected shall comprise:
a. prescribed classes of employees, constituting not less than 50 per cent of all employees; or
b. prescribed classes of the economically active population, constituting not less than 20 per cent of all residents; or
c. all residents whose means during the contingency do not exceed limits prescribed in such a way as to comply with the requirements of Article 67.
One of the basic conditions for awarding the disability pension is the loss of the entire or at least half of a person's working capacity.
The invalidity pension is awarded as a consequence of:
· Neoplasia, schizophrenia and AIDS;
· Common diseases and accidents unrelated to work.
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 are also entitled to receive disability pension.
Persons who have lost their entire or at least half of their working capacity, as a result of participation at the Revolution 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 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.
Article 56
The benefit shall be a periodical payment calculated as follows:
a. where classes of employees or classes of the economically active population are protected, in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66;
b. where all residents whose means during the contingency do not exceed prescribed limits are protected, in such a manner as to comply with the requirements of Article 67.
The disability pension is a replacement income awarded as of the date when the covered risk produces.
A condition stipulated by law for awarding the disability pension is the person’s contribution history to the system, which may be of any length.
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.
Until the 9th August 2012, according to 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.
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 |
Following the Constitutional Court Decision no. 680/2012 which concluded that the phrase "in relation to age, according to table no. 3" in the art. 73 par. (1) of the Law no. 263/2010 on the unitary pension system is unconstitutional, the invalidity pension is granted regardless of the length of contribution, in all cases where the beneficiary was classified within a class of disability. Yet the persons who lost their working capacity as a consequence of some regular diseases or of some accidents unrelated to work, classified with first or second degree of disability, are awarded a credited insurance period if they have had accomplished the contribution period necessary in relation to age, according to table no. 3 .
Article 57
1. The benefit specified in Article 56 shall, in a contingency covered, be secured at least:
a. to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period which may be 15 years of contribution or employment, or 10 years of residence; or
b. where, in principle, all economically active persons are protected, to a person protected who has completed a qualifying period of three years of contribution and in respect of whom, while he was of working age, the prescribed yearly average number of contributions has been paid.
2. Where the benefit referred to in paragraph 1 of this article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:
a. to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period of five years of contribution or employment; or
b. where, in principle, all economically active persons are protected, to a person protected who has completed a qualifying period of three years of contribution and in respect of whom, while he was of working age, half the yearly average number of contributions prescribed in accordance with paragraph 1.b of this article has been paid.
3. The requirements of paragraph 1 of this article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part XI but at a percentage of ten points lower than shown in the Schedule appended to that part for the standard beneficiary concerned is secured at least to a person protected who has completed, in accordance with prescribed rules, five years of contribution, employment or residence.
4. A proportional reduction of the percentage indicated in the Schedule appended to Part XI may be effected where the qualifying period for the pension corresponding to the reduced percentage exceeds five years of contribution or employment but is less than 15 years of contribution or employment; a reduced benefit shall be payable in conformity with paragraph 2 of this article.
Eligible for the disability pension, regardless of the accomplished contribution period are:
- the persons who lost totally or at least half of their work capacity, as a consequence of:
· the occupational injuries and professional diseases, in law;
· Neoplasia, schizophrenia and AIDS;
· Common diseases and accidents unrelated to work;
When calculating the disability pension, a credited insurance period is awarded, calculated as the difference between the full contribution period stipulated by law and the real contribution period accomplished up to the date of awarding the disability pension. The resulting credited period cannot exceed the contribution period which the person might have accomplished between the date of awarding the disability pension and the date of reaching retirement age, i.e. the date of meeting the eligibility criteria for the old age pension.
The blind and the persons who had a handicap prior to being insured in the system are also eligible for disability pension, they being granted a potential contribution period calculated as difference between the contribution period established by the law for people in their particular situation and the contribution period they achieved until the date the invalidity occurred.
The disability pension may cease once the working capacity is recovered or may suffer modifications as an effect of the qualification for a disability pension of another degree, following the periodic medical re-examinations.
At standard retirement age, or reduced standard retirement age for certain legally defined categories of persons, the disability pension is changed ex officio into an old-age pension and the disability pensioner is awarded the most advantageous amount.
Amount of benefits
The disability pension is paid on a monthly basis. The amount of this pension is calculated by multiplying the average number of pension points of an insured person by the value of a pension point.
The average number of pension point of an insured person 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:
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 and of the military system, residents 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. 339/2015 on the state budget for 2016 set the social indemnity for pensioners in 2016 at the level of RON 400.
Starting March 2017, the social indemnity for pensioners was raised at RON 520, following the adoption of Government Emergency Ordinance no. 2/2017.
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 520 lei.
Since the 1st of February 2017, the minimum national gross wage guaranteed for pay was set at 1.450 RON/month, according to provision of Government Decision no. 1/2017. Since the 1st of January 2018, the minimum national gross wage guaranteed for pay was set at 1,900 RON/month, according to provision of Government Decision no. 846/2017 upon the setting of minimum gross national wage guaranteed for pay in 2018.
June 2016
- The invalidity pension amount 400 lei;
- The net wage gained before the risk 785 lei;
- The replacement share: 350/530=0,511
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 1st of January 2017 the pension point value is 917,5 RON. Since 1st of July 2017 the pension point value is 1000 RON.
In the situation when one of the mentioned indicators, accomplished in the previous year, has a negative value, when calculating the pension point value it is used the indicator with a positive value, and in the situation when both indicators have negative values, it is maintained the last value of the pension point.
Starting with 2021, the value of the pension point will increase annually by 100% of the inflation rate, plus 45% of the real growth of the average gross wage accomplished in the previous year. Starting with 2030, the value of the pension point will increase every year by 100% of the inflation rate in the previous year.
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. As a result, the pension point value was increased by 9% starting 1 July 2017, reaching RON 1.000.
Article 58
The benefit specified in Articles 56 and 57 shall be granted throughout the contingency or until an old-age benefit becomes payable.
Disability pension is granted during the entire period the person is classified within a class of disability.
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.
Part X – Survivor’s benefit
Article 59
Each Contracting Party for which this part of the Code is in force shall secure to the persons protected the provision of survivors' benefit in accordance with the following articles of this part.
The survivor’s pension is a replacement income covering the risk of death, granted by the public pensions system to the children and to the survivor spouse of an insured person or a pensioner.
The entitlement to the survivor’s pension, as a social insurance right, is granted according to Law no. 263 from the 16th of December 2010 on the unitary system of public pensions, with the subsequent amendments and completions.
One of the basic principles for the functioning and organization of the public system of pensions is the principle of compulsory contribution, according to which the legal and the natural persons have, the obligation to pay social insurance contributions, the social insurance rights being granted in terms of exercising the correlative obligations.
Article 60
1. The contingency covered shall include the loss of support suffered by the widow or child as the result of the death of the breadwinner; in the case of a widow, the right to benefit may be made conditional on her being presumed, in accordance with national laws or regulations, to be incapable of self-support.
2. National laws or regulations may provide that the benefit of a person otherwise entitled to it may be suspended if such person is engaged in any prescribed gainful activity or that the benefit, if contributory, may be reduced where the earnings of the beneficiary exceed a prescribed amount, and, if non-contributory, may be reduced where the earnings of the beneficiary or his other means or the two taken together exceed a prescribed amount.
The survivor’s pension is awarded to the children and the surviving spouse if the deceased was a pensioner or was entitled to receive a pension from the public system of pensions at the time of death.
The main eligibility condition for granting this benefit is that the deceased breadwinner was a pensioner at the time of his death or eligible to receive any type of pension from the public system of pensions.
The children are entitled to a survivor’s pension:
a) unconditioned, up to the age of 16;
b) between 16 and 26 years of age, if attend some form of higher education organized according to the law, on condition of their graduation;
c) in case of disability of any degree, if the disability occurred within the age limits mentioned at letter a) or b).
The surviving spouse is entitled to a survivor’s pension:
a) permanent, after reaching the standard retirement age, if the period of marriage was at least of 15 years.
b) disregarding the age, during first or second degree invalidity, if the period of marriage was at least of 1 year.
c) disregarding the age and the duration of marriage, if both conditions are met: the breadwinner spouse’s death occurred as a cause of an accident at work or a professional disease and the survivor spouse is not gaining monthly incomes from dependent professional activities, or if the monthly incomes are lower than 35% of the average gross earnings as projected for the annual state social insurance budget, i.e. 1457 RON since 6 January 2018.
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 dependent professional activity for or if the monthly income is lower than 35% of the average gross earnings as projected for the annual state social insurance, i.e. 1457 RON since 6 January 2018.
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 dependent professional activity and periods with a level of monthly income lower than 35% of the average gross earnings as projected for the annual state social insurance, i.e. RON 1457 since 6 January 2018.
Article 61
The persons protected shall comprise:
a. the wives and the children of breadwinners in prescribed classes of employees, which classes constitute not less than 50 per cent of all employees; or
b. the wives and the children of breadwinners in prescribed classes of the economically active population, which classes constitute not less than 20 per cent of all residents; or
c. all resident widows and resident children who have lost their breadwinner and whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67.
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.
Article 62
The benefit shall be a periodical payment calculated as follows:
a. where the wives and children of breadwinners in classes of employees or classes of the economically active population are protected, in such manner as to comply either with the requirements of Article 65 or with the requirements of Article 66;
b. where all resident widows and resident children whose means during the contingency do not exceed prescribed limits are protected, in such a manner as to comply with the requirements of Article 67.
Survivor's pension is paid monthly. Survivor's pension is established, as appropriate, from:
1) The old-age pension, which was being paid or to which the deceased was entitled, under the law;
2) The first degree of disability pension, if the supporting person’s death occurred before meeting the eligibility conditions for an old-age pension but is eligible for any other type of pension.
The survivor's pension is determined as a percentage from the average annual score of the breadwinner deceased person, related either to the old age pension or to the 1st degree invalidity pension, previously mentioned, depending on the number of entitled descendants, as follows:
a) 50% - for one survivor;
b) 75% - for two survivors;
c) 100% - for three or more survivors.
For orphans having lost both parents, the survivor’s pension is calculated for each parent and then summed up.
For the surviving spouse who reached the standard retirement age and who’s marriage lasted between 10 and 15 years, the survivor’s pension amount is diminished by 0,5% for each month, respectively by 6% for each year of marriage shorter.
National legislation guarantees a minimum pension amount. Law no.196/2009 approved GEO No.6/2009, establishing guaranteed minimum social pension. Law no. 118/2010 replaced the phrase "guaranteed minimum social pension" by the phrase "social indemnity for pensioners".
Since 2010, the guaranteed minimum social pension is established annually by the state budget law and can be increased only by the laws amending the state budget, based on changes of the macroeconomic indicators and financial resources.
Government Emergency Ordinance no. 2/2017 set the social indemnity for pensioners at the level of 520 RON starting March 2017.
Pensioners residing in Romania who receive their pension from the public system of pensions or the military 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 February 2017, the minimum national gross wage guaranteed for pay was set at 1.450 RON/month, according to provision of Government Decision no. 1/2017. Since the 1st of January2018, the guaranteed minimum gross wage at national level was set at 1,900 RON per month, according to the Government Decision no. 846/2017 upon setting the guaranteed minimum gross wage at national level for 2018.
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.
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 1st of January 2017 the pension point value is 917,5 RON. Since 1st of July 2017 the pension point value is 1000 RON.
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.
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. As a result, the pension point value was increased by 9% starting 1 July 2017 reaching RON 1.000.
Article 63
1. The benefit specified in Article 62 shall, in a contingency covered, be secured at least:
a. to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period which may be 15 years of contribution or employment, or 10 years of residence; or
b. where, in principle, the wives and children of all economically active persons are protected, to a person protected whose breadwinner has completed a qualifying period of three years of contribution and in respect of whose breadwinner, while he was of working age, the prescribed yearly average number of contributions has been paid.
2. Where the benefit referred to in paragraph 1 of this article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:
a. to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of five years of contribution or employment; or
b. where, in principle, the wives and children of all economically active persons are protected, to a person protected whose breadwinner has completed a qualifying period of three years of contribution and in respect of whose breadwinner, while he was of working age, half the yearly average number of contributions prescribed in accordance with paragraph 1.b of this article have been paid.
3. The requirements of paragraph 1 of this article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part XI but at a percentage of ten points lower than shown in the Schedule appended to that part for the standard beneficiary concerned is secured at least to a person protected whose breadwinner has completed, in accordance with prescribed rules, five years of contribution, employment or residence.
4. A proportional reduction of the percentage indicated in the Schedule appended to Part XI may be effected where the qualifying period for the benefit corresponding to the reduced percentage exceeds five years of contribution or employment but is less than 15 years of contribution or employment; a reduced benefit shall be payable in conformity with paragraph 2 of this article.
5. In order that a childless widow presumed to be incapable of self-support may be entitled to a survivor's benefit, a minimum duration of the marriage may be required.
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.
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.
The pension decisions issued by the territorial pension houses 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 may be contested to the competent court within 30 days after notification. The undisputed pension decisions are definitive.
Article 64
The benefit specified in Articles 62 and 63 shall be granted throughout the contingency.
The survivor benefit shall be granted with the observance of Law no. 263/2010 provisions.
Part XI – Standards to be complied with by periodical payments
Article 67
In the case of a periodical payment to which this article applies:
a. the rate of the benefit shall be determined according to a prescribed scale or a scale fixed by the competent public authority in conformity with prescribed rules;
b. such rate may be reduced only to the extent by which the other means of the family of the beneficiary exceed prescribed substantial amounts or substantial amounts fixed by the competent public authority in conformity with prescribed rules;
c. the total of the benefit and any other means, after deduction of the substantial amounts referred to in sub-paragraph b of this article, shall be sufficient to maintain the family of the beneficiary in health and decency, and shall be not less than the corresponding benefit calculated in accordance with the requirements of Article 66;
d. the provisions of sub-paragraph c of this article shall be deemed to be satisfied if the total amount of benefits paid under the part concerned exceeds, by at least 30 per cent, the total amount of benefits which would be obtained by applying the provisions of Article 66 and the provisions of:
i. Article 15.b for Part III;
ii. Article 27.b for Part V;
iii. Article 55.b for Part IX;
iv. Article 61.b for Part X.
According to Art.39 (1) of the Law 76/2002, the unemployment indemnity is granted to the unemployed provided in Art.17 (1) of the law, over different periods, function of their period of contribution, as follows:
a) 6 months, for persons with a period of contribution of at least 1 year;
b) 9 months, for persons with a period of contribution of at least 5 years;
c) 12 months, for persons with a period of contribution of at least 10 years.
According to para. (2) of the same Article, the unemployment indemnity provided in para.(1) is an amount granted monthly that varies function of the period of contribution, as follows:
a) 75% of the value of the reference social indicator for unemployment insurance and employment stimulation in force, for persons with a period of contribution of at least 1 year;
b) the amount provided in para. a) to which is added an amount calculated by applying, to the average gross monthly wage over the last 12 months of contribution, a percentage quota differentiated function of the period of contribution.
As provided in para. (3) of the same Article, the percentage quotas differentiated function of the period of contribution, provided in para.(2) b), are as follows:
a) 3% for persons with a period of contribution of at least 3 years;
b) 5% for persons with a period of contribution of at least 5 years;
c) 7% for persons with a period of contribution of at least 10 years;
d) 10% for persons with a period of contribution of at least 20 years.
Article 68
A benefit to which a person protected would otherwise be entitled in compliance with any of Parts II to X of this Code may be suspended to such extent as may be prescribed:
a. as long as the person concerned is absent from the territory of the Contracting Party concerned;
b. as long as the person concerned is maintained at public expense, or at the expense of a social security institution or service, subject to a portion of the benefit being granted to the dependents 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 willful misconduct of the person concerned;
g. in appropriate cases, where the person concerned neglects to make use of the medical or rehabilitation services placed at his disposal or fails to comply with rules prescribed for verifying the occurrence or continuance of the contingency or for the conduct of the beneficiaries;
h. in the case of unemployment benefit, where the person concerned has failed to make use of the employment services placed at his disposal;
i. in the case of unemployment benefit, where the person concerned has lost his employment as a direct result of a stoppage of work due to a trade dispute, or has left it voluntarily without just cause; and
j. in the case of survivors' benefit, as long as the widow is living with a man as his wife.
As stipulated in Art.5 of the Methodological Norms of Law No.76/2002, approved by Government Decision No.174/2002, as amended and supplemented, by reasons non-imputable, within the meaning of Art.17 (1) of the law, is understood:
a) termination of employment under art. 56 para. (1) a), b), d), e), g) and i), art. 61 c) and d), art. 65 para. (1), Art. 95 para. (4) of Law no. 53/2003 - Labour Code, republished, with subsequent amendments;
b) termination of employment by the employer, by written notice, pursuant to art. 31 para. (3) of Law no. 53/2003, republished, with subsequent amendments;
c) termination of the employment of personal assistants for people with severe disabilities in case of death of severely disabled person, under art. 39 para. (4) of Law 448/2006 on the protection and promotion of rights of persons with disabilities, republished, as amended;
d) termination of service relations, pursuant to art. 98 para. (1) c) of Law no.188/1999 on the status of civil servants, republished, as amended and supplemented, unless the civil servant no longer satisfies the condition under Art. 54 lit. a) thereof;
e) termination of service relations pursuant to art. 98 para. (1) e) and h) and art. 99 para. (1) of Law no.188/1999, republished, with subsequent amendments;
f) termination of the contract of soldiers and volunteer military staff determined to be "unfit for military service" or of "limited aptitude" by the medical-military commissions;
g) termination of the contract of soldiers and volunteer military staff for reasons or needs of the Ministry of National Defense and the Ministry of Administration and Interior;
h) termination of the contract of soldiers and volunteer military staff who no longer meet specific conditions established by Order of the Minister of National Defense or the Minister of Administration and Interior, for the position;
i) termination of the contract of soldiers and volunteer military staff as a result of withdrawal of the security certificate specific for the class or level of information secrecy they would have access, by the competent authorities;
j) termination of the contract of soldiers and volunteer military staff upon expiration of the contract, in case it is not renewable due to reduced positions as a result of the liquidation, reorganization or displacement of the unit, as well as if one of the parties chooses not to renew the contract;
k) termination of the contract of soldiers and volunteer military staff upon meeting the service age limit set by Order of the Minister of National Defense.
Under Art.44 of the Law No.76/2002, with its subsequent changes and complements, the payment of unemployment indemnities due to the beneficiaries is stopped in the following situations:
a) from the date of taking-up employment, according to the law, for an open-ended period or for a fixed-term period longer than 12 months;
b) on the first day of the month following the month in which, from activities authorized according to the law, the person has had monthly incomes higher than the value of the social reference indicator in force;
c) within 90 days from issuing the functioning authorization for self-employed activities or the registration certificate, according to the law, if they earn a monthly income higher than the value of the reference social indicator in force;
d) from the date of the unjustified refusal to take-up employment according to their training or educational background;
e) from the date of the unjustified refusal to participate in the services for employment stimulation and vocational training or at the date of dropping out of these services for reasons imputable to them;
f) if the disability retirement period exceeds 12 months;
g) from the date of meeting the conditions for old age retirement, from the date of the request for the early retirement or partial early retirement or from the date when the disability pension becomes final;
h) from the date when the beneficiary leaves the country for more than 3 months;
i) from the date of beginning a prison sentence for a period longer than 12 months;
j) in case of the beneficiary’s decease;
k) upon expiration of the terms stipulated in art.45 para.(2), (3) and (31);
l) upon expiration of the terms stipulated in art.39 para.(1) and art.40 para.(1), respectively;
m) from the date of enrolling in a form of education, in the case of persons assimilated to the unemployed, under Art.17 (2) a) and b).
n) from the date from which they start activity in an elected position, or at the date they are appointed within the executive, legislative or judicial authority, during their mandate;
o) from the date of employment, under the law, under contract, for soldiers and voluntary military staff;
p) from the date of graduating from the national competition of residency on positions or jobs, according to the law;
q) from the date when they start an activity, for more than 12 months, based on a legal report, in respect of which an income is earned from copyright and related rights defined according to Art.7 (1) pt. 131 of Law No.571/2003, as amended and supplemented, and/or an income from contracts/agreements concluded under Law nr.287/2009 on the Civil Code, republished, as amended, hereinafter referred to as the Civil Code, or pursuant to Law No.96/2006 on the Statute of Deputies and Senators, republished, as amended and supplemented, and Law no.53/1991 on the allowances and other entitlements for Senators and Deputies, and the remuneration of the staff of the Parliament of Romania, republished, as amended and supplemented.
Under Art.45 (1) of the Law No.76/2002, with its subsequent changes and complements, the payment of unemployment indemnities due to the beneficiaries is suspended in the following situations:
a) from the date when they did not observe the obligation stipulated in Art.41 (1) a);
b) during the active military service;
c) from the date of employment, according to the law, for a fixed-term period of up to 12 months;
d) from the date an authorization is obtained to maintain the payment of unemployment benefits, upon request from the person who travels within the European Union, the European Economic Area or Switzerland to search for a job and wants to maintain the payment of the unemployment benefit, according to the law, for a period not exceeding 3 months or, as the case may be, 6 months, with the approval of the Agency for Employment located in the area of the person's domicile or residence;
e) during the period when he/she is under preventive arrest or for a prison sentence of up to 12 months;
f) from the date of disability retirement;
g) during the period of receiving the allowance for temporary loss of the working capacity, the allowance for maternal leave and the allowance for child care until the child reaches the age of 2, respectively until the child reaches the age of 3 or 7, in the case of a disabled child;
h) during the period of a temporary loss of working capacity longer than 3 days following injuries occurred during the training, retraining and upgrading courses or other types of vocational training, during and as a result of the professional training;
i) during the period of receiving severance payments, according to the law, if such payments are granted out of the unemployment insurance budget.
j) from the date of departure from the country for less than 3 months, upon request from the person, in case the unemployment benefit is not suspended under para. d);
k) from the date when they start an activity, for less than 12 months, based on a legal report, in respect of which an income is earned from copyright and related rights defined according to Art.7 (1) pt. 131 of Law No.571/2003, as amended and supplemented, and/or an income from contracts/agreements concluded under the Civil Code, or under Law No.96/2006, republished, as amended and supplemented, or Law no.53/1991, republished, as amended and supplemented.
Under para. (2) of the above-mentioned Article, the payment is resumed, after its suspension under the conditions provided for in para.(1) a), from the date of the application by the beneficiary, but no later than 60 calendar days since the suspension date.
As stipulated in Art.45 par. (3) of the above-mentioned law, the payment is resumed, after suspension under par. (1) b), c) and e)-i) and k) from the date of the application by the beneficiary, but no later than 30 calendar days from the end of the situation that led to the suspension.
Para. (31) of the same Article provides that the payment is resumed, after suspension under par. (1) d), as follows:
a) from the date of the application by the beneficiary, but no later than 3 months from the date of suspension, if the person benefits from the provisions relating to unemployment benefit under the European Union regulations on the application of social security schemes for employees, independent workers and members of their families moving within the European Union, and the measures adopted, under the law, for applying such European regulations;
b) from the date set in accordance with European Union regulations on the coordination of social security schemes, and the measures adopted, according to the law, for the application of such European regulations, but no later than 3 months from the date of suspension, if the person benefits from the provisions relating to unemployment benefit under the European Union regulations on the application of social security schemes, as well as the measures adopted by law for applying such European regulations or, as the case may be, no later than 6 months, with the approval of the Agency for Employment located in the area of the person's domicile or residence.
According to para. (32) of the above-mentioned Article, the payment is resumed after suspension under par.(1) j) from the date of the application by the beneficiary, but no later than 3 months from the date of suspension.
According to para. (4) of the above-mentioned Article, the suspension period provided in para. (1) a) is part of the period for granting the unemployment benefit.
According to Art.45 (5) of the law, the period of suspension of the unemployment benefit during the period of granting the temporary disability allowance, provided in para. (1) g) is part of the period for granting the unemployment benefit, in case the obligation set under Article 41 (1) e) of the Law is not fulfilled.
Article 69
1. Every claimant shall have a right of appeal in case of refusal of the benefit or complaint as to its quality or quantity.
2. Where in the application of this Code a government department responsible to a legislature is entrusted with the administration of medical care, the right of appeal provided for in paragraph 1 of this article may be replaced by a right to have a complaint concerning the refusal of medical care or the quality of the care received investigated by the appropriate authority.
3. Where a claim is settled by a special tribunal established to deal with social security questions and on which the persons protected are represented, no right of appeal shall be required.
Under article 5 VII of Law No.76/2002, as amended and supplemented, in the sense of this law, the unemployment indemnity is a partial compensation of the insured person's income due to job loss, or of the income of graduates of educational institutions who were unable to take-up employment.
We clarify that under Art.6 (1) of the Procedure for receiving and processing applications for jobs or unemployment indemnities, approved by Order of the President of the National Agency for Employment No.85/2002, as amended and supplemented, the local Agency for Employment or its workpoint will prepare a file containing all documents submitted in view of obtaining the unemployment benefit.
As stipulated in Art.7 of this Procedure, the local Agency for Employment or workpoint checks the documents submitted and, after clearing the application, issues to the applicant a Decision on setting or denying unemployment indemnity, using the form provided in Annex 4 to the Procedure.
We mention that under Art.2 of the Decision on setting or denying unemployment indemnity, the Decision may be contested within 30 days following notification, with the competent court of law.
We mention that, according to Art.19 of the Procedure, in the situations mentioned in Articles 44 and 45 of Law No.76/2002, as amended and supplemented, respectively the termination/suspension/reinstatement of payment of the unemployment indemnity, a Decision will be issued for the termination/suspension/reinstatement of payment of the unemployment indemnity, using the form provided in Annex 8 to the Procedure.
As stipulated in Art.2 of the Decision on termination/suspension/reinstatement of payment of the unemployment indemnity, the Decision may be contested within 30 days following notification, with the competent court of law.
Under the provisions of Art.119 (1) of the Law No.76/2002, with its subsequent amendments, any disputes arising from the application of this law shall be settled by the competent courts, under the law.
As stipulated in para.(2) of the same Article, the disputes concerning the setting and payment of unemployment indemnities shall be resolved urgently, according to the procedural rules for conflicts of rights, even if a special law provides otherwise.
Under Art.269 (1) of Law No.53/2003 - Labour Code, republished, with its subsequent modifications, labour disputes are tried by courts of law, established by law.
Pursuant to para. (2) of the Article invoked, the claims concerning the causes mentioned in para. (1) shall be addressed to the competent court located within the region of the applicant's domicile or residence or, as the case may be, its headquarters.
In accordance with Art.95 (1) of Law No.134/2010 on the Civil Procedure Code, republished, with its subsequent amendments, the tribunals are judging, in the first instance, all claims that are not entrusted by law to other courts.
Also, we mention that according to the provisions of Art.13 (1) and (2) of the above-mentioned law, the right to defense is guaranteed, and the parties are entitled, throughout the trial, to be represented or, if applicable, assisted under the law.
As concerns the information requested at point 4 of the National Report
a. Regarding the information requested in a), we point out that the information in Section 6 concerning the provisions of Article 69 of the European Social Security Code may be considered.
b. With respect to the information required under b), we note that:
Under the provisions of Art.33 (1) of Law No.76/2002, as amended and supplemented, the payment of unemployment indemnities are done from the financial sources set-up under the Unemployment Insurance Fund.
According to the express provisions of Art.24 (1) of the above-mentioned law, the income of the Unemployment Insurance Fund consists of:
a) the amounts distributed to the unemployment insurance budget, according to art.2206 paragraph (4) b) of Law no.227/2015, with its subsequent changes and complements, from the labour insurance contribution;
b) contributions due by the persons who conclude unemployment insurance contracts;
c) revenues from other sources, including foreign funding.
c. With respect to the information required under c), we note that:
Pursuant to Art.1 (1) and (2) and Art. 6 of Law No.202/2006 on the organization and functioning of the National Agency for Employment, republished, as amended and supplemented, the National Agency for Employment is a public institution of national interest, with legal personality, under the authority of the Ministry of Labour and Social Justice, organized and operating under the principle of tripartitism, which has, among others, the following main attributions:
· ensures the implementation of employment policies worked-out by the Ministry of Labour and Social Justice, in order to align with the European Employment Strategy;
· envisages the uniform application of the legislation regulating social protection measures, preventing unemployment and stimulating employment, financed from the unemployment insurance fund, and controls the compliance of its subordinate units with the legal provisions in its field of activity;
· organizes, provides and finances, under the law, services to prevent unemployment and stimulate employment, consistent with the employment strategies and policies and the trends manifested on the domestic labour market;
· administers the Unemployment Insurance Fund and manages the Guarantee Fund for payment of wage arrears;
· organizes, under the law, the establishing and payment of cash entitlements paid out of the Unemployment Insurance Fund.
According to Art.12 of the above-mentioned law, the National Agency for Employment is led by a Governing Board consisting of representatives of the government, trade unions and employers' organisations with nationwide representation, consisting of 15 members as follows: 5 members representing the government, appointed by the Prime Minister; 5 members appointed by the nationally representative trade union confederations and five members appointed by the nationally representative employers' confederations.
[1] The Emergency Romanian Government Ordinance no.103/2017 on amending and completion of some normative acts from social assurance area, published in the Oficial Journal of Romania, Part I no.1010 on the 20th od December 2017.