LEGE no. 50 50 of 30 May 1995 (* updated *) on the remuneration of the members and staff of the Court of Auditors ((updated on 1 January 2010 *)
ISSUER
PARLIAMENT
---------- The Romanian Parliament adopts this law + Article 1 Repealed. ---------- Article 1 has been repealed by point (a). 10 10 of Annex 10 to LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998. LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998 was repealed by point (a). 4 4 of para. ((1) art. 48, Cap. VI, Part III of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 2 Repealed. ---------- Article 2 was repealed by point (a). 10 10 of Annex 10 to LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998. LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998 was repealed by point (a). 4 4 of para. ((1) art. 48, Cap. VI, Part III of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 3 Repealed. ---------- Article 3 was repealed by point (a). 10 10 of Annex 10 to LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998. LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998 was repealed by point (a). 4 4 of para. ((1) art. 48, Cap. VI, Part III of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 4 Repealed. ---------- Article 4 has been repealed by point (a). 10 10 of Annex 10 to LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998. LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998 was repealed by point (a). 4 4 of para. ((1) art. 48, Cap. VI, Part III of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 5 Repealed. ---------- Article 5 has been repealed by point (a) 10 10 of Annex 10 to LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998. LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998 was repealed by point (a). 4 4 of para. ((1) art. 48, Cap. VI, Part III of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 6 (1) For the outstanding results obtained in the work carried out, the employees of the Court of Accounts can receive a monthly merit salary *), up to 15% of the basic salary, and which is part of it. ... (2) Employees who benefit from merit salary *) shall be established by the Management Committee of the Court of Auditors, once a year, as a rule after the approval of the state budget. For newly-hired staff, the merit salary can be awarded after a period of 6 months from employment. ... (3) The merit salary *) may be granted for no more than 15% of the total number of posts provided in the state of functions. ... + Article 7 (1) The basic salaries of the execution staff of the Court of Auditors are differentiated by functions and, within them, by professional degrees or steps. ... ((2) Abrogat. ... ---------- Alin. ((2) art. 7 7 has been repealed by section 6.6. 10 10 of Annex 10 to LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998. LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998 was repealed by point (a). 4 4 of para. ((1) art. 48, Cap. VI, Part III of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. ((3) Abrogat. ... ---------- Alin. ((3) art. 7 7 has been repealed by section 6.6. 10 10 of Annex 10 to LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998. LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998 was repealed by point (a). 4 4 of para. ((1) art. 48, Cap. VI, Part III of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. ((4) Abrogat. ... ---------- Alin. ((4) art. 7 7 has been repealed by section 6.6. 10 10 of Annex 10 to LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998. LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998 was repealed by point (a). 4 4 of para. ((1) art. 48, Cap. VI, Part III of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 8 (1) Persons salarized according to this law benefit, at the basic function, from an increase of seniority *) in work up to 25%, calculated on the basic salary, corresponding to the time actually worked in normal working hours, as follows: ... -------------------------------------------------------------------------------- Tranches of seniority in the work Procente of the basic salary -------------------------------------------------------------------------------- --between 3 and 5 years 5 --from 5 to 10 years 10 --from 10 to 15 years 15 --from 15 to 20 years 20 --over 20 years 25 -------------------------------------------------------------------------------- (2) Retirement for the age limit that rehires, according to the law, benefits from the increase of seniority corresponding to the age in work carried out after the date of retirement. ... (3) Persons who are employed, after retirement, in the positions of account counselor, financial judge, financial prosecutor and assistant magistrate benefit from the increase of seniority in work for the total length of work. At the end of the activity these persons have the right to recalculate the pension, including in the basis of calculation of the pension age in work and the salary made after the date of retirement. ... + Article 9 ((1) Hours rendered over the normal duration of working time by personnel assigned to execution functions shall be compensated with due time off, under the conditions established by the Management Committee of the Court of Auditors. If the work performed could not be compensated with adequate free time, the overtime is paid with an increase calculated on 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 the sector of activity, without exceeding 360 hours annually. ... + Article 10 (1) Employees working in hard working conditions receive an increase of up to 15% of the basic salary *). The jobs and categories of staff shall be established according to the law and shall be approved by the Management Committee of the Court of Auditors. ... ((2) Employees who, according to the working hours, operate during the night, between 22,00-6,00, benefit, for hours worked during this period, by an increase of 25% of the basic salary *), if the time thus worked represents at least half of the normal working hours. ... ((3) Abrogat. ... ---------- Alin. ((3) art. 10 10 has been repealed by section 6.6. 10 10 of Annex 10 to LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998. LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998 was repealed by point (a). 4 4 of para. ((1) art. 48, Cap. VI, Part III of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 11 (1) For the work carried out, the members and staff of the Court of Auditors shall enjoy at the end of the calendar year an award corresponding to the basic salary made in the last month of the year for which ... (2) The annual award may be reduced or not awarded by the Management Committee of the Court of Auditors in the case of those who during the year carried out an improper activity or had disciplinary misconduct. ... + Article 12 (1) The members of the Court of Auditors, the financial prosecutor and the general secretary of the Court, who make trips, in the interest of the service, in other localities than in Bucharest, are entitled to the full settlement of the expenses of accommodation or, of choice, if they do not stay at hotel units or in other authorized accommodation, which can issue official receipts regarding the tariffs charged, at 525 lei/night, as well as at a daily allowance of 2,250 lei/day. ... (2) Diaries provided in par. (1) will be indexed according to the evolution of prices and tariffs, according to the levels established in the Government's decisions regarding the indexation of salaries and other incomes. ... + Article 13 The persons employed in the Court of Auditors as collaborators, in order to carry out works, benefit from the rights set out in Annex no. 4. + Article 14 The hiring of staff through the cumulation of functions shall be done with the consent of the Management Committee of the Court of Auditors and of the management of the unit to which the person concerned has the basic function, if a part of the programme of the cumulative function overlaps the the function in which it is framed. In this case, the delay of the programme will be ensured. + Article 15 The person appointed temporarily in the place of a person exercising leadership and who is absent from the institution for a period of more than 30 days and does not receive a salary during that period shall receive, in addition to the basic salary of the office, the degree or professional step in which it is classified, the allowance *) corresponding to the driving duties it exercises. + Article 16 Repealed. ---------- Article 16 has been repealed by point (a) 11 11 of art. 49, Cap. VI, Part III of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 17 (1) The Court of Auditors may constitute a fund for the granting of incentives *), consisting of: ... a) 1% of the income received, as a result of the controls carried out by the Court of Auditors, above the level of declared income and the payment obligations assumed compared to the state budget, the state social insurance budget, the local budgets and budgets of special funds ... b) 15% of the amounts collected representing interest and late increases to the income established under the terms of lett. a). ... ((2) The conditions of incorporation and use of the fund provided for in the preceding paragraph shall be established by decisions of the Court of Auditors, on the basis of the criteria set out in Annex no. 5. ... + Article 18 The president, vice presidents, precinct presidents, account advisers and the financial attorney general are state dignitaries. + Article 19 Repealed. ---------- Article 19 has been repealed by point (a) 10 10 of Annex 10 to LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998. LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998 was repealed by point (a). 4 4 of para. ((1) art. 48, Cap. VI, Part III of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 20 The Court of Auditors will be able to include in the state of functions for its own apparatus and some functions approved to other budgetary sectors, which prove necessary and which will be salarized according to the provisions of art 19. + Article 21 Specialist staff sent abroad, invited to the account of the organizers or other external partners for scientific actions, improvement, exchange of experience, scholarships, documentaries, congresses, conferences and symposiums or other forms of international meetings and events, benefit from the rights established by the legal regulations in force for the budgetary units. + Article 22 (1) Settlement of appeals in connection with the establishment of salaries, granting of allowances, bonuses *), prizes and other rights, which are established according to the provisions of this law, are of the competence of the Plenum of the Court of Accounts for staff from its apparatus. ... (2) Appeals will be submitted within 5 days from the date of taking notice. ... (3) The plenary of the Court of Auditors will take measures to resolve appeals within 30 days. ... + Article 23 Employees with leadership duties will be subject to a 3-month trial period. If at the end of the trial period the employee has proved himself corresponding to the respective function, his appointment will be final from the start date of the trial period. If the employee has not proved that he can cope with his duties in that position, he will have passed in the previous execution function or in another equivalent position. + Article 24 Repealed. ---------- Article 24 was repealed by point (a). 10 10 of Annex 10 to LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998. LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998 was repealed by point (a). 4 4 of para. ((1) art. 48, Cap. VI, Part III of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 25 Repealed. ---------- Article 25 was repealed by point (a). 10 10 of Annex 10 to LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998. LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998 was repealed by point (a). 4 4 of para. ((1) art. 48, Cap. VI, Part III of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 26 The duration of the holiday and the other holidays, the amount of the allowance *) due, the appointment, the performance, the interruption and the postponement of the holiday, as well as the cash compensation of the holiday leave, compliance with provisions Law no. 6/1992 on holiday and other leave of employees, by regulation approved by the Plenum of the Court of Auditors. + Article 27 Repealed. ---------- Article 27 was repealed by point (a). 10 10 of Annex 10 to LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998. LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998 was repealed by point (a). 4 4 of para. ((1) art. 48, Cap. VI, Part III of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 28 Repealed. ---------- Article 28 was repealed by point (a). 10 10 of Annex 10 to LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998. LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998 was repealed by point (a). 4 4 of para. ((1) art. 48, Cap. VI, Part III of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 29 (1) The clothing outfit at the court hearings of the Court of Auditors for the account advisers, financial judges, financial prosecutors, assistant magistrates and clerks is mandatory and is granted free of charge. ... (2) The components of the clothing outfit, as well as the conditions of manufacture, use and storage shall be established by the Plenum of the Court of Auditors. ... + Article 30 For the reception of foreign delegations and guests or from the country, the protocol fund shall be provided to the Court of Auditors. The size of this fund is established annually by the state budget law. The rules for the use of the Protocol Fund shall be established by decisions of the Court of Auditors. + Article 31 *) Annexes no. 1-5 are an integral part of this law. + Article 32 On the date of entry into force of this Law, Article 135 and the Annex to the Law no. 94/1992 on the organisation and the functioning of the Court This law was adopted by the Chamber of Deputies at the meeting of May 22, 1995, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE This law was adopted by the Senate at the meeting of May 22, 1995, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN + Annex 1 Repealed. ---------- Annex 1 has been repealed under section 6.6. 10 10 of Annex 10 to LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998. LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998 was repealed by point (a). 4 4 of para. ((1) art. 48, Cap. VI, Part III of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Annex 2 Repealed. ---------- Annex 2 has been repealed under section 6.6. 10 10 of Annex 10 to LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998. LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998 was repealed by point (a). 4 4 of para. ((1) art. 48, Cap. VI, Part III of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Annex 3 Repealed. ---------- Annex 3 has been repealed under section 6.6. 10 10 of Annex 10 to LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998. LAW no. 154 154 of 15 July 1998 , published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998 was repealed by point (a). 4 4 of para. ((1) art. 48, Cap. VI, Part III of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Annex 4 RIGHTS persons used as collaborators at the Court of Auditors 1. Persons used in the Court of Accounts, as collaborators, benefit from a monthly allowance *) up to the level of the minimum gross basic salary per country, established in relation to the period of collaboration and with the importance of the works performed. Persons operating in specialized execution positions, as collaborators, benefit from a monthly allowance *) of up to 50% of the basic salary provided by law at the functions in which they are used, established in ratio with time affected to collaboration, complexity and importance of works performed. 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 translator, interpreter, translator and the like may also be used on the basis of collaboration contracts between the parties. 4. If these persons carry out collaboration activity in a locality other than that domiciled, 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. + Annex 5 CRITERIA FOR USE of the fund for the granting of incentives *), provided in art. 17 Incentives *) shall be granted in relation to the following criteria: -personal contribution to identifying and attracting additional income over payment obligations, highlighted as due to the state budget, state social insurance budget, local budgets and special funds budget; -the seriousness of the financial deviations found and the ability to establish correctly the liability of the guilty persons, according to -proven professional competence in the orientation, coordination and exercise of control, as well as in capitalizing on its findings; -personal contribution to the introduction, regulation and application of new methods, techniques and financial control procedures. --------------
