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Law No. 52 Of 29 July 1991 Concerning The Remuneration Of The Staff Of The Organs Of The Judicial Power

Original Language Title:  LEGE nr. 52 din 29 iulie 1991 cu privire la salarizarea personalului din organele puterii judecătoreşti

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LEGE No. 52 of July 29, 1991 *** on the salary of the staff in the bodies of the judiciary
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 215 of 1 September 1993



Note * *) Republicated pursuant to art. IV of Law no. 55/1993 , published in the Official Gazette of Romania, Part I, no. 158 158 of 13 July 1993, giving the articles a new numbering. Law no. 52/1991 was published in the Official Gazette of Romania, Part I, no. 163 163 of 7 August 1991. + Article 1 The salary of the staff in the bodies of the judiciary, the Public Ministry, the state notaries, the forensic laboratories, the General Department of prisons and its units is made taking into account the role, importance and liability arising in the exercise of each function, according to Annexes no. 1-7, which are an integral part of this law. + Article 2 The basic salaries for the management positions and the specialized execution functions in the Supreme Court of Justice are set out in Annex no. 1. + Article 3 The basic salaries and allowances for the management positions in the General Prosecutor's Office of the Supreme Court of Justice and the Ministry of Justice are set out in Annex no. 2. + Article 4 The salaries of the functions of the courts, prosecutors ' offices, state notations, forensics laboratories, the General Directorate of prisons and its units are included in the annexes no. 3-7. + Article 5 Military personnel from the Ministry of Justice, with powers in the field of prison activity coordination, as well as the one in the General Directorate of prisons and its units is salarized according to the legal provisions applicable to the military of the Interior Ministry. + Article 6 Basic salaries for execution personnel are differentiated on functions and, within each function, on professional degrees or steps. Basic salaries for each grade or step are set on 3-4 gradations. + Article 7 The basic salaries for the management staff are those corresponding to the function of the execution, degree or professional step and graduation in which it is assigned, plus a driving allowance, established annually, which is part of the the basic salary, differentiated in relation to the responsibility of the management function fulfilled, as well as with the share of the respective work compared to the execution activity it carries out. + Article 8 For outstanding results in the work carried out, staff can receive a merit salary of up to 15%, applied to the basic salary. The merit pay is part of the basic salary. Persons who receive merit salary shall be established once a year, as a rule after the approval of the state budget, in relation to the results obtained in the work carried out. For newly-hired staff, the merit salary may be granted after a period of at least 6 months from framing. The merit salary can be awarded for no more than 15% of the total number of posts provided in the institution's state of office, of which at least two thirds will be used for execution functions. + Article 9 The transition into the immediately superior graduation, as well as the establishment of the amount of the driving allowance are made once a year, for all staff, as a rule after the approval of the state budget, taking into account the personal qualities, embodied in the results obtained in the professional activity, noted with the rating "very good" or "good". The minimum age required for the transition into the immediate upper gradation is 2 years; exceptionally, it can be reduced by half. I am an exception to these provisions employed employees as debuts or interns, for which the minimum age for the transition into the immediate upper gradation is 1 year. + Article 10 The advancement of specialized personnel, in degrees or professional steps, is done by exam, according to the law, in relation to the minimum age in specialty, professional competence and results obtained in activity. The assignment to the advancement is done in all cases at gradation 1. The minimum age in grade or professional stage for advancement in the immediate upper stage or step is at least 3 years. Exceptions to this provision are the persons assigned to the positions provided with a junior salary. Exceptionally, for persons with a special professional competence, the minimum age provided in par. 2 may be reduced by half, if the one in question has the minimum age in the specialty provided by law for the function, degree or step in which the advancement is made. + Article 11 Professional activity is appreciated annually with the ratings: "very good", "good", "satisfactory" or "weak". + Article 12 Persons salarized according to the provisions of this law benefit, at the basic function, from an increase of seniority in work of up to 25%, calculated on the basic salary, corresponding to the time actually worked in normal working hours, as follows: Tranches of seniority in working from basic salary-from 3 to 5 years5-from 5 to 10 years10-from 10 to 15 years15-from 15 to 20 years20-over 20 years25 The increase of seniority in work shall be paid from 1 of the following month in which the seniority has been fulfilled. The old increase shall be taken into account when establishing the pension and allowances for temporary incapacity for work. + Article 13 Staff from the General Directorate of Prisons and its units benefit from bonuses for activities that require a very high mental strain or are carried out under special working conditions. Jobs, personnel categories, concrete size of bonuses and granting conditions are set out in Annexes no. 6 6 and 7. + Article 14 The legal provisions on prizes and other personnel rights, provided for staff in the budget units, shall apply accordingly. If the principal authorising officer makes savings on personnel expenses, prizes may be awarded during the year, within the limit of 2% of the salary fund provided for in the revenue and expenditure budget, to the staff who ensure the realization of the activity that returned to the posts from which the savings came The award criteria are approved, as appropriate, by the Minister of Justice, the Attorney General and the President of the Supreme Court of Justice. + Article 15 The annual prize can be reduced or cancelled in the case of employees who, during the year, carried out poor or improper professional activity, or enjoyed deviations for which they were disciplined. These rights are annulled in the case of employees who have enjoyed facts in connection with the service, for which they have been criminally convicted, or who make them the servants of the office they occupy. + Article 16 The granting of bonuses and prizes for staff in the central bodies, provided for by this law, is made under the conditions established by law for the staff of ministries and other central bodies. + Article 17 In addition to the salary rights mentioned in this law, the staff of the units mentioned in art. 1 also benefits from the rights established by special normative acts. + Article 18 The salary of the auxiliary specialist staff of the Supreme Court of Justice and the General Prosecutor's Office of this is the one set out in Annex no. 3 for the staff of the courts and prosecutor's offices. + Article 19 The salarization of the legal specialist staff of the Ministry of Justice and the General Prosecutor's Office of the Supreme Court of Justice is established by assimilating its functions with the professional degrees of judges and prosecutors, in the report with the seniority in the specialty and professional competence, by order of the Minister of Justice and the Prosecutor General, respectively. + Article 20 Basic salaries for management and execution functions, other than those of legal specialty and ancillary to the trial activity in the Supreme Court of Justice, the Ministry of Justice and the General Prosecutor's Office of the Supreme Court of Justice, are those set for ministries and other central organs. + Article 21 *) The classification of judges to judges and tribunals, prosecutors, notaries, forensic experts and bailiffs is made by order of the Minister of Justice and, as the case may be, the attorney general and the other staff of specialized in the units of justice, prosecutor's office and notarized, by the president of the tribunal, the chief prosecutor of the county prosecutor's office or the city of Bucharest, respectively the chief notary of the county notary or the city of Bucharest, under the terms of this law and the laws of organization. --------------- Note *) The inclusion of judges and prosecutors will be made under the conditions provided by Law for the judicial organization no. 92/1992 , published in the Official Gazette of Romania, Part I, no. 197 197 of 13 July 1992. + Article 22 Judges, prosecutors and notaries fall on professional degrees I, II, III, IV and V. At the judges, courts and courts of appeal, as well as the prosecutor's offices in addition to these courts will be appointed judges, respectively prosecutors, under the conditions provided by Law no. 92/1992 for the judicial organization The judges and the trainee prosecutors, as well as the junior notaries, after passing the completed examination, are assigned to the professional degree V. The minimum age required in the specialty is the one established by this law, except for the provisions art. 67 lit. a), b) and c) of Law no. 92/1992 for the judicial organization + Article 23 The basic salaries for judges at the courts of appeal and prosecutors from the prosecutor's offices of the courts of appeal are those corresponding to the professional degrees and gradations to which they are classified, increased by 5%. The basic salaries for the management staff at the appellate courts and the prosecutor's offices in addition to these are those corresponding to the functions established according to par. 1, plus the driving allowance provided for by this law for similar functions at the courts and the prosecutor's offices of the courts, increased by 5%. The basic salaries for prosecutors from the General Prosecutor's Office of the Supreme Court of Justice are those corresponding to the professional degrees and gradations to which they are classified, increased by 10%. + Article 24 Retired magistrates for the age limit, who are reinstated, benefit from the salary corresponding to the function, degree and gradation established in relation to the seniority in the specialty. Provisions of para. 1 1 shall apply accordingly to notaries and forensic experts. + Article 25 Framing and salarization of forensic experts are done on three professional degrees. + Article 26 *) The appointment of judges and prosecutors to leading positions at the courts and prosecutors ' offices near these county courts, of Bucharest and local municipality is made between judges and prosecutors of the I-IV degree, depending on their professional and organizational qualities, by order of the Minister of Justice and the Prosecutor General, respectively. ------------- Note * *) The appointment to management positions is made under the conditions Law no. 92/1992 . + Article 27 The appointment of notaries in leadership positions at the county notations and the city of Bucharest, as well as at the local notations, is made regardless of their degree, depending on their professional qualities, by order of the Minister of Justice. Judges who are classified as notaries on professional degrees can be appointed head notaries from the time of framing. + Article 28 In the leadership positions at the Central Laboratory of forensic expertise and inter-county laboratories will be appointed, by order of the Minister of Justice, forensic experts, regardless of degree, designated according to their qualities professional and organizational. + Article 29 Persons temporarily appointed to a management position, if the holder is absent from the institution for a period of more than 30 calendar days and do not receive salary during that period, receive, in addition to the basic salary of the function, degree or professional step in which they are assigned, the allowance corresponding to the driving position they take over. + Article 30 In the units provided in art. 1 can be used, in relation to the specifics of some activities, and other functions, with salary levels provided by law for budget units. + Article 31 The specialized staff sent abroad, invited to the account of organizations or other external partners, for scientific, cultural, artistic or sports actions, benefit in the country from the rights established by the Government decision for budget units. On the post of those sent abroad, according to par. 1, for a period of more than one month, other persons may be employed, for a fixed term, according to the law. + Article 32 When applying this law it will be done to reframe all staff on new positions, degrees and professional steps, as well as on gradations, so that the new salary is not lower than the tariff salary had. The professional competence reflected in the results obtained by the date of the reinstatement, as well as the level of training of each person, shall be taken into account. + Article 33 *) In connection with the application of the provisions of this law, appeals may be made, as the case may be, at the College of the Supreme Court of Justice, the Ministry of Justice or the Prosecutor General's Office, by the personnel assigned by these bodies, within 5 days from the date of becoming aware of the measure. Appeals shall be resolved within 20 days. The appeals made by the staff of the courts and other external units of the Ministry of Justice or of the county prosecutor's offices and of the city of Bucharest can be addressed to the commissions constituted for this purpose by Ministry of Justice and Prosecutor General's Office; para. 1 1 shall apply accordingly. ---------------- Note *) Since July 1, 1993 the Prosecutor General's Office becomes the General Prosecutor's Office of the Supreme Court of Justice, and the county prosecutors and the city of Bucharest, prosecutors ' offices in addition to the courts. + Article 34 The salaries in this law are gross and taxable under the law. They will be updated taking into account the indexations granted in accordance with the provisions of the Government decisions adopted after January 1, 1993. + Article 35 *) The personnel states of the external units subordinated to the Ministry of Justice and the General Prosecutor's Office of the Supreme Court of Justice are approved by the Ministry of Labour and Social Protection and the Ministry The states of functions for these units are approved by the Ministry of Justice and the General Prosecutor's Office of the Supreme Court of Justice, respectively. The state of office of the Supreme Court of Justice, drawn up according to the legal provisions, is approved by the Permanent College of States of functions shall be drawn up within the limits of approved posts, according to the law. ------------------ Note * *) The competence for the approval of the personnel states and the states of functions for the courts and for the prosecutor's offices is that provided for in art. 125 125 para. 2 2 of Law no. 92/1992 . + Article 36 The provisions of this law enter into force on April 1, 1991 *), the date on which the regulations on the salary in force on March 1, 1991 remain valid. On the date of entry into force of this Law, the Law no. 14/1990 on the remuneration of members of the Supreme Court of Justice and its apparatus, Decree-Law no. 140/1990 on the framing and salarization of staff in the justice and prosecution units, art. 7 of Government Decision no. 987/1990 on the organization and functioning of the Ministry of Justice and any other provisions to the contrary. ----------------- Note * *) art. III of Law no. 55/1993 , the salaries and other rights provided for by the above-mentioned law shall be granted from July 1993. + Annex 1 BASIC SALARIES for the leading and specialized execution positions in the Supreme Court of Justice No. crt. Monthly basic salary Function-lei-A. Conductions1. President of the Supreme Court of Justice195.0002.Vice President of the Supreme Court of Justice170.9003.Presidents of Section at the Supreme Court of Justice159.900 B. The level of the studiesThe level of the studiesThe basic salary-leiVechimea minimum in specialty Gradatia 1234 C. Functions of legal specialist execution on professional degrees 5.Magistrate-assistant degree IS117.500120.700123.800127.00014 years 6.Magistrate-assistant grade IIS107.000109.500112.100114.70011 years 7.Magistrate-assistant degree IIIS98.000100.100102.200104.4008 years 8.Magistrate-assistant degree IVS90.50092.20093.95095.7005 years 9.Magistrate-assistant degree VS85.40086.90088.500-2 years with final examination, or, as the case may be, 5 years in other specialized functions No. crt. Function of the driving allowance-lei minimamaxima D. Driving functions 10.Magistrate-assistant head of the basic salary corresponding to the executive function 7.20014.400 + Annex 2 BASIC SALARIES AND ALLOWANCES for the leadership positions in the General Prosecutor's Office of the Supreme Court of Justice and the Ministry of A. Functions of the General Prosecutor's Office No. crt.FunctiaMonthly basic salary-lei-1.Attorney general170.900 2.Deputy prosecutor general159.900 3.Deputy prosecutor general148.700 B. Driving allowances No. crt.FunctiaIndignity of driving-lei-minimum maximum 4.Director, chief prosecutor section11.150 22.300 5.Deputy director, chief prosecutor deputy section 9.900 19.800 6.Inspector general court, notarial inspector general, inspector general of penitentiary, prosecutor inspect8.800 17.800 7.Head of service, chief prosecutor services8.150 16.300 8.Head of office, chief prosecutor office 7.450 14.900 + Annex 3 COURTS AND PROSECUTORS Basic salaries for specialized functions A. Execution functions No. crt.FunctiaLevel of studiesBasic salary-leiVechimea minimum in specialty Gradation 1234 a) Execution functions per professional grade 1.Judge, prosecutor; degree IS117.500120.700123.800127.00014 years 2.Judge, prosecutor; degree IIS107.000109.500112.100114.70011 years 3.Judge, prosecutor; degree IIIS98.000100.100102.200104.4008 years 4.Judge, prosecutor; degree IVS90.50092.20093.95095.7005 years 5.Judge, prosecutor; grade VS85.40086.90088.500-2 years with final examination or, for judges, as appropriate, 5 years in other specialized positions, according to law 6.Judge, prosecutor; trainee S72.60073.800 --- 7.Executor court IS56.55057.90059.20060.5005 years in ancillary or economic functions 8.Executor court IIS52.00053.25054.45055.7003 years in ancillary, legal or economic functions 9.Executor court IIIS48.10049.20050.30051.4001 year in ancillary, legal or economic functions 10.Executor court debutantS43.900 ---- b) Execution functions on professional steps 11.Registrar court, Registrar parquet; IM43.00044.30045.60046.9008 years in legal auxiliary functions 12.Grefier court, Registrar parquet; II, grefier-dactilograf IM38.70039.80040.90042.0006 years in legal ancillary functions 13.Registrar court, Registrar parquet; III, grefier-dactilograf IIM35.20036.00036.90037.8004 years in auxiliary functions legal 14.Registrar court, Registrar parquet; IV, grefier-dactilograf IIIM32.10032.80033.60034.4001 year in legal ancillary functions 15.Registrar court, Registrar parquet, Registrar-typist; debutantM29.100 ---- 16.Executor court IM43.00044.30045,60046.9006 years in auxiliary functions legal, economic or administrative 17.Executor court IIM38.70039.80040.90042.0004 years in legal, economic or administrative auxiliary functions 18.Executor court IIIM35.20036.00036.90037.8003 years in legal auxiliary functions, economic or administrative 19.Executor court IVM32.10032.80033.60034.4001 year in auxiliary legal, economic or administrative functions 20.Executor court debutantM29.100 ---- 21.Arter-registrar IM33.60034.40035.20036.100- 22.Archive-registrar IIM30.60031.30032.10032.800- 23.Archive-registrar IIIM/G28.10028.70029.40030,000-24.Archive-registrar debutantM26.200 ---- 25.Agent proceduralG24.90026.20026.70027.300-26.AprodG24.60025.20025.70026.200-B. Driving functions No. crt.FunctiaIndignity of driving-lei-minimamaxima 1.President of the court, first prosecutor of the prosecutor's office of the tribunalSalary corresponding to the execution function 8.90017.800 2.Deputy president of the court, first deputy prosecutor of the prosecutor's office on near the courthouse '' 7.90015.800 3.Judge inspector, prosecutor inspector '' 7.20014.400 4.President of the court section, chief prosecutor of the section '' 7.20014.400 5.President of the court, first prosecutor of the prosecutor's office of the court '' 7.20014.400 6.Vice-president Judge, first deputy prosecutor of the prosecutor's office on the next to the court '' 5.15010.300 7.Prim-Registrar court, first-Registrar parquet of the courthouse '' 2.0004.000 8.Registrar chief of court, court, chief clerk of the prosecutor's office of the court ''. NOTE: a) Salaries provided at no. crt. 1-5 also applies to teaching staff and experts, with legal higher education, from the National Institute for Training and Improvement of Magistrates. b) Trainee judges and prosecutors can be passed from gradation 1 to gradation 2 after the passage of a period of 1 year, with the fulfilment and other conditions provided by law for the granting of the higher gradation. c) Upon appointment and establishment of the professional stage for the Registrar may be taken into account the periods worked in economic and administrative functions and, in this case, the minimum age in the specialty, set out in the Annex, shall be increased by 3 years. d) Prosecutors who carry out their own criminal prosecution activity benefit from a 6% increase calculated on the basic salary. + Annex 4 STATE NOTARIZED Basic salaries for specialized functions A. Execution functions No. crt.FunctiaLevel of studiesBasic salary-leiMinimum equity in specialty Gradation 1234 a) Execution functions per professional grade 1.Notary grade IS96.40098.700101.100103.50013 years 2.Notary grade IIS88.30090.40092.40094.40010 years 3.Notary grade IIIS81.70083.60085.10086.7007 years 4.Notary grade IVS77.40078.80080.300-4 years 5.Notary grade VS73.70075.00076.300-1 year 6.Notary debutantS66.000 ---- b) Execution functions on professional steps 7.Secretary IM39.10040.30041.50042.7006 years in auxiliary functions legal, economic and administrative 8.Secretary, secretary-typist; IIM35.20036.20037.20038.2004 years in legal, economic and administrative auxiliary functions 9.Secretary, secretary-typist; IIIM32.00032.80033.60034,4002 years in legal, economic and administrative auxiliary functions 10.Secretary, secretary-typist; IVM29.20029.90030.600-1 year in legal, economic and administrative ancillary functions 11.DebutantM26.500 ---- 12.Leading land book IM39.10040.30041.50042,7005 years in legal, economic and legal ancillary functions Administrative 13.Administrative Land Registry IIM35.20036.20037.20038.2003 years in Legal, Economic and Administrative Auxiliary Functions 14.IIIM32.00032.80033.600-1 year in Legal, Economic and Administrative Auxiliary Functions debutantM26.500 ---- 16.ArchivomM/G27.20027.80028.40029.000- 17.AprodG22.50023.00023.500 -- B. Driving functions No. crt.FunctiaIndignity of driving-lei-minimamaxima 1.Notary chief at the county notary or of the city of Bucharest7.20014.400 2.Deputy head notary at the county notary or of the municipality of Bucharest local5.15010.300 4.Deputy chief notary at the local notary 3.7007.400 5.Secretary sef1.2002.400 NOTE: The position of chief secretary can be used at the county notariats and the city of Bucharest, as well as at the local notations with high volume of activity, established by the Ministry of Justice. Only the secretaries of step I-III may be assigned to the Chief Secretary, taking into account their professional and organisational qualities. + Annex 5 *) FORENSICS LABORATORIES Basic salaries for specialized functions A. Execution functions No. The level of the studiesThe level of the studiesSalary of the basic salary-leiVechimea minimum in specialty Gradation 1234 a) Functions of execution on professional degrees 1.Forensic expert degree IS96.40098.700101.100103.50012 years 2.Forensic expert degree IIS88.30090.40092.40094.40010 years 3.Forensic expert grade IIIS81.70083.60085.10086.7006 years 4.Criminalist assistant grade IS77.40078.80080.300-4 years 5.Criminal Assistant grade IIS73.70075.00076.300-1 year 6.Assistant forensic assistant S66,000 ---- b) Execution functions on professional steps 7.Forensic technician IM43.00044.30045.60046.9008 years in forensic technical functions 8.Criminalist technician IIM38.70039.80040.90042.0006 years in forensic technical functions 9.Criminalist technician IIIM35.20036.00036.90037.8004 years in forensic technical functions 10.Forensic technician IVM32.10032.80033.60034.4001 year in forensic technical functions 11.Crime technician debutantM29.100 ---- 12.Secretary-dactylograph forensic laboratory IM37.60038.50039.40040.4008 years in legal auxiliary functions, Economic or administrative 13.Secretary-typist forensic laboratory IIM34.70035.50036.30037.1004 years in legal, economic or administrative auxiliary functions 14.Secretary-dactylograph forensic laboratory IIIM33.00033.40033.800-1 year in legal, economic or administrative auxiliary functions 15.Secretary-dactylograph forensics laboratory debutantM26,000 ---- B. Driving functions No. crt.FunctiaIndignity of driving-lei-minimamaxima 1.Head of central laboratory expertises forenisticsBasic salary corresponding to the executive function 7.20014.400 2.Deputy Head of Central Laboratory Forensic Expertise '' 5.15010.300 3.Chief Laboratory inter-county forensic expertise '' 3.7007.400 Note * *) Annex no. 5 was amended and supplemented by Law no. 60/1992, published in the Official Gazette of Romania, Part I, no. 145 145 of 29 June 1992. NOTE: The appointment and establishment of the professional stage for the forensic technician may also be taken into account the periods worked in technician positions in other sectors of activity and, in this case, the minimum age in the specialty, provided for in Annex, is increased by 3 years. + Annex 6 SALARIZATION civil servants of the General Directorate of Prisons and its units 1. Civil personnel from the General Directorate of Prisons is salarized under the conditions provided by law for the apparatus of ministries and other central state bodies. Civil personnel from the external units of the General Department of Prisons is salarized according to the legal provisions applicable in the budget units. 2. Salarization of specific specialized functions in the General Directorate of prisons and its units is done by assimilation with specialized functions from the apparatus of ministries and other central bodies and budgetary units, respectively. 3. Civil personnel from the General Directorate of Prisons and its units benefit from an increase in the basic salary by up to 25%. This increase is part of the basic salary. 4. Teaching and auxiliary teaching staff, as well as medical-health personnel from units subordinated to the General Directorate of Prisons benefit from an increase of the basic salary by up to 30%. 5. Civil personnel from the White Gate Penitentiary and the Old Chilia Section, subordinated to the Tulcea Penitentiary, continue to benefit from the allowance of 20% to the basic salary, for the provision of the service in permanent combat device. 6. The granting of the rights provided in 4 4 and 5 does not exclude the increase of the basic salary established in 3. + Annex 7 Sports to the military personnel of the units of the General Department of Prisons under the Ministry of Justice 1. Military personnel who, for the performance of their duties, provide at least half of the normal working time during the night, are entitled to an increase for night work of 25%, which is calculated at the basic solda. 2. Subofficers who provide security and supervision of detainees, detainees, preventive arrestees and sanctions with contravention imprisonment, as well as minors admitted to penitentiaries, special schools of work and re-education, prison hospitals, in the sections (workshops) of production, working points or in means of transport are entitled-during the time actually provided in such conditions-to a security and surveillance allowance of 5% of the basic solda. The security and surveillance allowance is taken into account when establishing the state military pension and the additional pension. 3. Prison officers who provide, at least 10 hours a day, the security of working prisoners, who cannot be compensated for their additional time provided with adequate free time, are entitled to an allowance of 5-15% of the basic solda, which is establishes by order of the Minister of Justice During the time they benefit from the allowance provided in par. 1, the subofficers will not receive the allowance provided for in item 2 to guard and supervise inmates. 4. Subofficers referred to in point 3, which make a particular contribution to the achievement and exceeding of the unit's revenue plan, can be rewarded, at the proposal of prison commanders, from a fund of 0.5% calculated at the salary fund of prison sub-officers, which shall be made available to the Ministry of Justice for the Directorate-General of 5. Subofficers who receive horses or service dogs are entitled, during that period, to an allowance of 5% of the basic solda. -----------------------