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Law No. 53 Of 31 July 1991 On The Salaries Of Senators, Deputies And Staff From The Romanian Parliament

Original Language Title:  LEGE nr. 53 din 31 iulie 1991 privind salarizarea senatorilor, deputaţilor şi personalului din aparatul Parlamentului României

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LEGE No. 53 of July 31, 1991 *** on allowances and other rights of senators and Members, as well as the salaries of the staff in the Romanian Parliament
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 23 of 31 January 1996



Note * *) Republicated pursuant to art. 2 2 of Law no. 2 2 of 30 January 1996 ,, published at page. 1, giving the articles and paragraphs a new numbering. Law No 53/1991 was published in the Official Gazette of Romania, Part I, no. 165 165 of 8 August 1991, amended and republished pursuant to Law no. 41/1993 ,, and has been amended by Law no. 42 42 of 28 June 1994 , published in the Official Gazette of Romania, Part I, no. 165 of June 30, 1994 and by Government Ordinance no. 39 of August 5, 1994, published in the Official Gazette of Romania Part I no. 240 240 of 29 August 1994 approved and amended by Law no. 134 134 of 24 December 1994 , published in the Official Gazette of Romania, Part I, no 366 of 30 December 1994. + Article 1 The allowances and other rights of the senators and deputies, as well as the salaries of the staff in the Parliament's apparatus shall be granted taking into account the role, importance and responsibility of their office. Senators and deputies who hold the position of member of the Government, during the period of its exercise, shall apply, in respect of pay, the provisions Law no. 40/1991 on the salary of the President and the Government of Romania, as well as the staff of the Presidency, the Government and the other organs of the executive power. Senators and deputies, members of the Government, will receive the daily meeting allowance for the meetings of the Senate and the Chamber of Deputies in which they participate as parliamentarians. + Article 2 The monthly allowances of senators and deputies, as well as for positions in the permanent offices of the Senate and Chamber of Deputies, from the offices of the standing committees of the two Chambers and for the presidents of the parliamentary groups those set out in Annex no. 1. + Article 3 The basic salaries of specific management positions in the apparatus of the Parliament are set out in Annex no. 2. + Article 4 The basic salaries for specific specialized execution functions in the apparatus of the Parliament are set out in Annex no. 3. + Article 5 Persons who coordinate the activity of compartments or sectors have the basic salaries corresponding to the specific specialized execution function or, as the case may be, the execution function in which they are assigned, plus an allowance of driving, according to Annex no. 4, which is part of the basic salary, differentiated in relation to the liability of the management function fulfilled, as well as with the share of the respective work compared to the execution activity it carries out. + Article 6 Employees assigned to execution positions, who receive the task of coordinating or carrying out programs, activities, complex studies and the like, benefit, during the period as they perform this task, from an allowance that is part of the basic salary, within the limits set out in Annex no. 4, established in relation to the complexity of the task received + Article 7 (1) For outstanding results obtained in the work carried out, the employees benefit from a monthly merit salary, up to 15% of the basic salary and which is part of it. The merit salary can be granted only after a period of 6 months from employment. ((2) Employees who benefit from merit salary, as well as its amount shall be established, once a year, as a rule after the adoption of the budget, in relation to the results obtained in the work carried out. The activity of these employees is analyzed every year and, in relation to the results obtained, it is established to maintain or withdraw the merit salary. (3) The merit salary may be granted, annually, for no more than 15% of the total number of posts provided in the state of functions. + Article 8 Increase of the basic salary for employees assigned to specific specialized execution positions, provided in Annex no. 3, and the driving allowance is made once a year, as a rule after the adoption of the budget, taking into account the personal qualities reflected in the results obtained in the professional activity. + Article 9 (1) The basic salaries for the execution functions, other than the specific specialized ones, are differentiated by functions and, within each function, by professional degrees or steps. Basic salaries for each degree or professional stage are set on 3-4 gradations. (2) The passage of employees, assigned to execution positions, in the immediately superior graduation is made once a year, as a rule after the adoption of the budget. (3) At the transition into the immediate higher graduation, the personal qualities embodied by the results obtained in the professional activity shall be taken into account. The minimum age required for passing in a higher gradation is two years. (4) On an exceptional basis, the Permanent Bureau, on a proposal from the Secretary-General, may reduce by half the minimum age provided for in ((3). + Article 10 (1) Employment and advancement in office, in degrees or professional steps, of the execution personnel, other than the specific specialized one, shall be done by competition or examination, under the law, in relation to professional competence and results obtained in activity. The basic salary granted to the advance shall be in all cases provided for in the 1st gradation of the respective function. (. The minimum degree or professional stage for advancement in the immediate upper stage or step shall be at least two years. Exceptions to this provision are the persons assigned to the positions provided with a junior salary. (3) Persons with a starting salary will be salarized until the expiry of the probationary period. Advancement in the degree or professional stage immediately superior is done on the basis of exam or competition. (4) The Permanent Bureau, acting on a proposal from the Secretary-General, may exceptionally approve the presentation to the competition or examination for advancement in the immediately higher degree or professional stage, without fulfilling the minimum age condition laid down in the para. ((2). + Article 11 Employees who pass from positions with fixed salaries or between limits, on positions to which salaries are set on gradations, fall by appointment to the graduation to provide them with a basic salary close to the one had. + Article 12 (1) Persons paid according to this law shall benefit, at the basic function, from an increase of seniority in the work of up to 25%, calculated at the basic salary corresponding to the time actually worked in normal working hours, as follows: Tranches of seniority in working from monthly allowance or 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 (2) The work-age sport shall be paid starting from the 1st of the month following that in which the seniority was fulfilled. (3) The work-age sport shall be taken into account when establishing pensions and allowances for temporary incapacity for work. (4) Retirement employees for the age limit who reengage in work, according to the law, benefit from the increase of seniority corresponding to the age in work carried out after the date of retirement. + Article 13 (1) Hours rendered over the normal duration of working time by personnel assigned to execution functions shall be compensated with adequate free time. If the work thus performed could not be compensated with adequate free time, the overtime will be paid with an increase of the basic salary as follows: a) 50% of the basic salary for the first two hours of exceeding the normal working day; b) 100% of the basic salary for the following hours. With spore of 100% are also paid the hours worked on weekly rest days or on the other days when, in accordance with the legal regulations in force, no work is done. (2) Work over the normal duration of working time can also be performed the bonuses provided in par. ((1) may be paid only if the overtime has been ordered by the head of the compartment or sector of activity, without exceeding 360 hours annually. ((3) Employees who, by the nature of their duties, perform, systematically, activity over the normal duration of working time, as well as for activities carried out on non-working days, and to which they cannot be granted free time accordingly receive, in relation to the exceeding of the normal working hours, instead of the rights provided in par. ((1) and (2), an increase of 10-25%, calculated on the basic salary and which is part of it. The categories of employees and the conditions for granting the increase for systematic work over the normal working hours shall be established by the Permanent Bureau of each Chamber, by a regulation. + Article 14 (1) Employees working in hard working conditions receive an increase of up to 15% of the basic salary. Jobs and categories of employees are established according to the law and approved by the Permanent Bureau. ((2) Employees who, according to the working hours, operate during the night, between 22,00-6,00 hours, benefit for the hours worked during this period, by an increase of 25% of the basic salary, if the time thus worked represents the one Half the normal working hours. + Article 15 The awarding of personnel in specific specialized execution positions, of the other execution personnel, as well as of persons coordinating the activity of some compartments or sectors is made from the prize pool, which is constituted by applying a quota of 2% on the salary fund approved annually by budget. From this fund can be awarded prizes during the year of employees who have realized or participated directly in obtaining results in activity appreciated as valuable. + Article 16 (1) Senators, deputies and employees receive at the end of the calendar year an award corresponding to the level of the monthly allowance or, as the case may be, the basic salary made in the last month of the year for which the payment is made. (2) The annual award may be reduced or cancelled by the Permanent Bureau of each Chamber, if the senators or deputies have been sanctioned in this capacity, under the law. (3) The annual award may be reduced or cancelled in the case of employees who during the year carried out poor or improper professional activity or had deviations for which they were disciplined. + Article 17 (1) For aid, rewards, incentives, contributions to humanitarian actions, scholarships, the fund of the President of the Senate and the fund of the President of the Chamber of Deputies, which is approved annually by (2) For the reception of foreign delegations and guests in the country or abroad, the protocol fund is established, approved annually by budget. The spending scales for the protocol actions are approved by the permanent offices of the Senate and the Chamber of Deputies. + Article 18 The persons employed in the Parliament as collaborators or invited for the hearing at the Parliament shall enjoy the rights set out in Annex no. 5. + Article 19 The employment of the staff by the cumulation of functions shall be done with the consent of the management of the unit to which the person concerned has the basic function, + Article 20 Persons temporarily appointed to carry out the duties of driving a compartment or sector of activity instead of a person with such duties, who is absent from the establishment for a period of more than 30 calendar days and does not benefit of salary during that period, I receive, in addition to the basic salary of the position, degree or professional step in which they are assigned, the allowance corresponding to the coordination function they take over. + Article 21 (1) Senators and deputies participating in the joint meetings of the Senate and the Chamber of Deputies, of each Chamber, of parliamentary committees or of permanent offices benefit from a daily allowance representing 2% of the monthly allowance of the senator or the deputy. (2) The same daily allowance shall benefit the senators and Members present at the meetings of the parliamentary groups or other activities of the Parliament, if they are held at the request of the Permanent Bureau or the President of each Chamber, and if the diem was not granted under the conditions of par. ((1). (3) Senators and deputies present at the works of the Parliament, who do not have their domicile in Bucharest, receive a daily allowance of 2% of the monthly allowance provided for the senator or deputy. At the same time, they are provided with free accommodation or, at their choice, if they do not benefit from free accommodation, they are granted, per night, 70% of the minimum rate practiced by hotel units and which is paid for the accommodation of a senator or Deputy. (4) The rights provided for in the previous paragraph regarding the free accommodation or payment of the accommodation shall be granted for the duration of the parliamentary term. (5) The rights provided in par. (3) shall also be granted during the parliamentary holiday period, if the senators and deputies perform missions ordered by the President of the Senate or the Chamber of Deputies or by the Permanent Bureau of each Chamber. ((6) Senators or deputies who make a trip to the country, from the commission of the President of the Senate or of the Chamber of Deputies, of the Permanent Bureau of each Chamber or of the offices of parliamentary committees or parliamentary groups, benefit from the full settlement of accommodation expenses or, per night, of 70% of the minimum rate charged by hotel units and which is paid for the accommodation of a senator or deputy, if not accommodated in hotel units or other authorized accommodation, as well as a daily allowance of 1% of the monthly allowance provided for senator or deputy if the movement is carried out in a locality other than the one in which he resides. The same rights benefit the senators and deputies who do not reside in the electoral districts in which they were elected, during the trip to these constituencies, in order to carry out activities related to the exercise of the mandate. (7) Senators or deputies who travel to another locality from the electoral districts in which they reside, for activities related to the exercise of their mandate, benefit from a travel allowance of 65% of the daily allowance provided in par. ((3), for one day per week. (8) Senators or deputies who use the private car to travel weekly, from the locality where they reside, to the Parliament and back, as well as those who are domiciled in Bucharest and move, at most given per week, in the electoral district in which they were elected and back, for activities related to the exercise of the mandate, will receive the value of the fuel used for this purpose, but no more than the value of 7.5 liters gasoline miles through. The same rights benefit the senators and deputies who move from the locality of residence to the nearest locality from where the transport to the Parliament and back is ensured. + Article 22 Senators or deputies shall be reimbursed for the consideration of the domestic mail or telecommunications fees, for the activities related to the exercise of the mandate, within the limits set by the budget of each Chamber. + Article 23 (1) In order to exercise the mandate in the electoral districts, the deputies receive, monthly, a lump sum of the budget of the Chamber of Deputies, equal to the gross monthly allowance of the MP. (2) Within the amount provided in par. (1), Members may organize, separately or by association, offices in the constituencies in which they were elected. Local councils and county councils provide the premises and their endowment with the necessary furniture, under rental conditions. + Article 24 ((1) Chiria. calculated at the rates charged for the spaces assigned to political parties, maintenance expenses, money rights of persons employed in parliamentary offices of deputies and other expenses related to the exercise the mandate shall be ensured from the lump sums allocated to Members (2) The employment of employees of parliamentary offices of deputies shall be made by the conclusion of a fixed-term employment contract or a civil contract. In the case of employment on the basis of a fixed-term employment contract, the employment of employees is by order of the Secretary General of the Chamber of Deputies, on the proposal of the deputies concerned, and in the case of the civil contract, it ends between the Members concerned and the individual. + Article 25 How to use and justify the lump sum provided in art. 23 and 24 is determined by decision of the Permanent Bureau of the Chamber of Deputies. + Article 26 The senatorial offices in the electoral districts are organized for each senator under the conditions provided for in the Senate Rules. (2) Staff assigned to senatorial offices is part of the Senate apparatus. (3) The endowment of senatorial offices, material and service expenses shall be provided by the Senate within the limits of the amounts provided for in the annual budgets. + Article 27 In order to organize senatorial offices, prefectures, county councils or, as the case may be, local councils will provide the necessary space and equip it with furniture. The rent for space, calculated on the basis of the tariffs charged for spaces assigned to political parties, as well as the rent for furniture will be borne from the Senate + Article 28 Personnel with employment contract at the parliamentary offices of the deputies and at the senatorial offices, during the time they perform this activity, shall be considered detached or, as the case may be, transferred in the interest of the service, under the conditions labour law. + Article 29 (1) The activity carried out as a senator or deputy is seniority in work and in the specialty. (2) The monthly allowances provided in art. 2 have the regime provided by the law for salaries. (3) During the term of office, senators and deputies shall benefit, according to the law, from the increase of seniority in the work provided in art. 12 12 para. ((1). + Article 30 From the date of termination of the term of office of senator or deputy, for 2 years the persons concerned may not unilaterally modify or unwind their employment contract for reasons not attributable to them. + Article 31 When applying this law, it will be done to reframe all staff in positions and, as the case may be, in professional degrees and steps, as well as on the gradations, taking into account the professional competence reflected in the results obtained until the date framing and the level of preparation of each. + Article 32 (1) The resolution of appeals in connection with the establishment of salaries, the granting of allowances, bonuses, prizes and other rights to the staff in the Parliament's apparatus is the competence of the Permanent Bureau of each Chamber. ((2) Appeals shall be submitted within 5 days from the date of taking to the notice and will be settled within 30 days. (3) Against the measure of unilateral modification of salaries, established according to the provisions of this law, those interested may address with appeal to the court, within 30 days from the date when they became aware of the measure taken. + Article 33 (1) The basic salaries for execution functions, other than specific specialized execution functions, are those provided for the execution functions in ministries and other central bodies, higher by 45%. The salaries of persons assigned to the positions referred to in positions 4, 5, 6, 7, 8 and 9 of Annex no. 3 3 is a 15% increase. (2) The employees who carry out, within the apparatus of the Parliament, protocol and public relations activities fall into specialized positions. (3) In the states of functions may be provided some functions approved to other sectors of budgetary activity, where the respective functions are specific and which are salarized according to the provisions of par. ((1). + Article 34 (1) The permanent offices of the Senate and the Chamber of Deputies, as the case may be, shall approve the breakdown of the fund (2) The states of office shall be approved by the permanent offices of the Senate and the Chamber of Deputies, as + Article 35 (1) The specialized personnel 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 specific regulations. (2) For trips abroad ordered by the President of the Senate or the Chamber of Deputies, the necessary expenses, including the accommodation and daily allowance, in foreign currency, are approved by the president who ordered the trip. + Article 36 Annexes no. 1-5 are an integral part of this law. + Article 37 (1) The provisions of this Law shall enter into force on April 1, 1991 *), the date until which the salary regulations in force remain valid on March 1, 1991. (2) The monthly allowances and 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. (3) The rights provided in art. 2 of this law shall be cumulated with the pension or other income. ((4) By way of derogation from Law no. 3/1977 , as amended, upon termination of the mandate, regardless of its duration, the senators and retired deputies may request the recalculation of the pension, taking into account the monthly allowance received and the period of the mandate. ----------------- Note *) See the dates of entry into force of the amending normative acts. + Article 38 The Ministry of Finance will introduce in the structure of the central administration budget for 1991 the amendments arising from the application of the provisions + Article 39 On the date of entry into force of this Law, art. 2 2, art. 4 4, art. 5 5, art. 6 6 para. 3 3 and 4 and art. 8 8 para. 4 4 of Law no. 4/1990 ,, as well as any other provisions to the contrary. + Annex 1 ALLOWANCES for senators, deputies, for the positions in the Permanent Bureau of the Senate, the Chamber of Deputies, the standing committees of the two Chambers, and the presidents of the parliamentary groups No. *)-lei-1.Senators, deputies 168,000 2.Vice-presidents and secretaries of the permanent committees of the Senate and of the Chamber of Deputies 172,000 3.Secretaries, Senate and Chamber of Deputies, presidents permanent committees of the Senate and of the Chamber of Deputies, as well as the presidents of the parliamentary groups176,000 4.Vice-Presidents of the Senate and of the Chamber of Deputies 182,000 5.President of the Senate and of the Chamber of Deputies ----------------- Note ** **) See art. 37 37 para. ((2) above. + Annex 2 EMPLOYEES * **) for some specific driving functions in the Parliament apparatus No. . Secretary General Deputy 5.25 3.Head of Department, General Manager ----------------- Note ***) The basic salary corresponding to the ranking coefficient will be calculated according to the provisions art. 3 of Government Ordinance no. 39/1994 , republished. + Annex 3 BASIC SALARIES *) for specific specialist execution functions in the apparatus of the Parliament No. 2.Expert parliamentarS3.70-4,00 3.Consultant parliamentarS2,35-2,80 4.Head of senatorialS2,05-2,50 5.Head of cabinet S1,60-2,05 6.Head of senatorialM1,70-1,95 7.Head office cabinet) M1,50-1,90 8.Head of cabinet M1,30-1,70 9.Office secretary M1,15 -1.45 ---------------------- Note *) The basic salary corresponding to the ranking coefficient will be calculated according to the provisions art. 3 of Government Ordinance no. 39/1994 , republished. Note **) It shall apply to employees who have powers of stenography of the plenary works of the Senate. + Annex 4 DRIVING ALLOWANCES for staff in the Parliament apparatus No. **) driving monthly-lei-minimamaxime 1.Deputy head department, director, deputy director, head of the basic salary for specific specialized execution functions, respectively executive functions9.80024.800 2.Chief Deputy compartment, Head of Service, Head Office 4.80019.800 ------------ Note ***) Monthly driving allowance, according to Government Ordinance no. 39/1994 ,, amended and approved by Law no. 134/1994 , shall be increased to the lower limit by 5% and to the upper limit by 20%. + Annex 5 RIGHTS persons used as collaborators or invited for hearing at the Parliament 1. Persons used in the Parliament as collaborators benefit from a monthly allowance of up to the level of the minimum gross basic salary per country, established in relation to the period of collaboration and the importance of the works carried out. Persons performing the collaboration for specific specialized execution functions benefit from a monthly allowance of up to 50% of the basic salary, provided by law for the position of parliamentary adviser, established in relation to time affected the collaboration, complexity and importance of the work If these persons carry out collaboration activity in a locality other than that in which they reside, they are also entitled to the settlement of transport and accommodation expenses, according to the tariff practiced by the hotel units, as well as to a daily allowance the level of the one established for the employees of the budget units, throughout the period of activity. 2. For some works of an occasional nature, which cannot be carried out with existing staff, collaborators (stenodactylographers, printers and others) can be used, paid by the hour. The hourly rate is set accordingly with the basic salary provided by law for that function. 3. Persons used as a translator, interpreter, translator and the like may also be paid on the basis of collaboration contracts between the parties. 4. Persons domiciled in localities other than the city of Bucharest, called to the parliamentary committees for hearings, are entitled to the settlement of transport and accommodation expenses, as well as to a daily allowance in the amount provided by law for employees in the budget units. The transport costs for returning to the locality where they reside are settled without a document, within the amount of the transport document presented on arrival. ------------------------