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Law No. 56 Of 1 July 1996 Concerning Remuneration And Other Rights Of Judges Of The Supreme Court Of Justice, The Magistrates And Other Workers-Personnel

Original Language Title:  LEGE nr. 56 din 1 iulie 1996 privind salarizarea şi alte drepturi ale judecătorilor Curţii Supreme de Justiţie, ale magistraţilor-asistenţi şi ale celorlalte categorii de personal

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LEGE No. 56 of 1 July 1996 on the payroll and other rights of the judges of the Supreme Court of Justice, the assistant magistrates and the other staff
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 139 of 4 July 1996



The Romanian Parliament adopts this law + Article 1 The salary of the judges of the Supreme Court of Justice, of the magistrates-assistants and of the staff having other functions is done taking into account the role, importance and responsibility of this authority of the judiciary. + Article 2 (1) The basic salaries of the judges of the Supreme Court of Justice, of the assistant magistrates and of the other categories of personnel shall be determined in relation to the ranking coefficients set out in the Annex. (2) The co-efficients of ranking the basic salaries for the functions forming the object of this law are established according to the coefficient 1.00 used, according to the law, for the staff in the budget sector. + Article 3 Basic salaries are differentiated on functions, on professional degrees or on professional steps and within them on gradations. + Article 4 (1) The basic salaries for the management staff shall be those corresponding to the function of the execution, the degree or the professional stage and the degree to which it is assigned, plus a driving allowance, established according to the Annex, which shall do so. part of the basic salary, differentiated in relation to the responsibility of the management function fulfilled, with the size of the compartment, as well as with the share of driving work compared to the execution activity carried out. (2) The tasks specific to the management and execution functions shall be established by the Rules of Organization and Functioning of the Supreme Court of Justice. (3) The driving allowances shall be approved annually by the President of the Supreme Court of Justice. + Article 5 (1) For outstanding results obtained in the activity, the staff may receive a monthly merit salary, up to 15% of the gross basic salary and which is part of it. (2) Persons who benefit from the salary of merit, as well as its amount shall, as a rule, be established once a year, after the adoption of the 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 25% of the total number of posts of magistrates provided for in the state of office of the Supreme Court of Justice and for no more than 15% of the number of other posts. + Article 6 (1) The transition to the immediately superior graduation is made once a year, as a rule after the adoption of the budget, on the proposal of the president of the section or the leader of another compartment in which the employee works, by the president of the Supreme Court of Justice. (2) At the transition into the immediately superior graduation, the proven qualities are taken into account by the results obtained in the activity, noted with the rating "very good" or "good" in the previous year. (3) The minimum age required for the transition into the immediate upper gradation is 2 years. Exceptionally, the minimum age can be reduced to one year by the President of the Supreme Court of Justice. + Article 7 (1) The personnel, other than the judges and the assistant magistrates, shall be employed and advanced in office by contest, under the terms of the Rules of Organization and Functioning of the Supreme Court of Justice. Employment and advancement are done at gradation 1. (. The minimum age in grade or in the professional stage for advancement in the immediate higher professional grade or step shall be at least 2 years. Exception to this provision are persons with a junior salary who, at the expiry of the trial period, will be advanced to the degree or stage immediately superior, under the law. (3) Exceptionally, for employees who have carried out a special professional activity, the Permanent College of the Supreme Court of Justice may approve, nominally, the presentation to the competition for advancement in the degree or professional stage immediately superior, without fulfilling the condition of seniority provided for in the preceding paragraph + Article 8 (1) The magistrates-assistants shall be appointed and promoted in office and put forward in the rank, according to the conditions laid down in art. 36 36-38 of the Supreme Court of Justice Law no. 56/1993 . (2) When establishing the seniority for the classification of the magistrates-assistants in the degrees provided by the law, the period shall also be taken into account while the persons concerned have exercised positions of judge or prosecutor. (3) Exceptionally, assistant magistrates may be appointed to any degree and persons who have held functions of the nature of those provided for in art. 66 66 of Law no. 92/1992 for the judicial organization, if they have distinguished themselves by the way in which they have exercised their profession for the duration provided for each degree, plus 3 years. + Article 9 The activity of the magistrates-assistants, the staff of the Chancellery, the Office for External Relations and the Directorate of Studies, Documentation, Informatics, Economic and Administrative is assessed annually with the qualifications: "very good", "good", "satisfactory" and "unsatisfactory", under the conditions provided by the Rules of Organization and Functioning of the Supreme Court of Justice. + Article 10 (1) Persons salarized according to this law benefit, at the basic function, from an increase of seniority in work of up to 25% of the gross basic salary, corresponding to the time actually worked in normal working hours, as follows: Tranches of seniority in work Share of basic salary-3 to 5 years5%-from 5 to 10 years10%-from 10 to 15 years15%-from 15 to 20 years20%-over 20 years25% (2) The sport of seniority shall be paid starting from the first of the month following the month in which the seniority was fulfilled. + Article 11 Judges of the Supreme Court of Justice and assistant magistrates, who are appointed after retirement, benefit from the spore of seniority for total seniority in work. At the end of the activity, these persons are entitled to recalculation of the pension, including in the basis of calculation of the pension age in work and the salary made after the date of retirement. + Article 12 (1) Judges of the Supreme Court of Justice and assistant magistrates shall benefit from an increase of stability in the magistracy, in relation to the actual age as magistrate, calculated on the gross basic salary, as follows: --from 5 to 10 years10%-from 10 to 20 years15%-over 20 years20% (2) The stability sport shall be paid as from the first of the month following the month in which the seniority was fulfilled. (3) It does not benefit from the increase of stability magistrates for the age limit who are reinstated according to the law. + Article 13 (1) Judges appointed according to the law to carry out activities at the electoral commissions shall benefit during the respective period from an allowance of 10%, applied to the gross basic salary, unless, by special laws, a superior remuneration. (2) For the participation in the meetings of the United Sections, those of the panel of 9 judges and those of the Permanent College of the Supreme Court of Justice, the magistrates shall receive a sitting allowance equal to 1.5% of the gross basic salary, without exceeding 15% of the gross basic salary. (3) Magistrates participating in more than 3 court hearings per month shall receive an allowance equal to 2% of the gross basic salary, for each additional meeting, without exceeding monthly 10% of the gross basic salary, if the criteria are met of quality and established operativeness, with the opinion of the Superior Council of Magistracy. + Article 14 (1) Employees working in hard working conditions receive an increase of 15% of the gross basic salary, corresponding to the time actually worked in these conditions. Jobs and categories of employees are established according to the law and approved by the Permanent College of the Supreme Court of Justice. (2) Staff who, according to the working hours, operate during the night, between 22,00 and 6,00, benefit, for hours worked, from an increase of 25% of the gross basic salary, if they represent at least half of the normal working hours. ((3) Employees who, by the nature of their duties, systematically perform activities beyond 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, I receive, in relation to the exceeding of the normal working hours, an increase of 10-25% calculated on the gross 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 College. + Article 15 (1) Hours provided above the normal working time shall be compensated with due time off in the next 30 days or, at the request of the employee, by paying an increase calculated on the gross 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 in the other days when, in accordance with the legal regulations in force, no work is done. (2) Work over the normal 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 section or sector of activity, without exceeding 360 hours annually. + Article 16 For the individual award of the personnel who realized or participated in the achievement of results in activity, appreciated as valuable, a monthly prize pool is constituted, by applying a quota of up to 2% on the salary fund provided in the budget of the Supreme Court. The amounts not covered by this fund may be used in the coming months of the same budget year. + Article 17 If savings are made on personnel expenses, prizes can be awarded, during the year, within the limit of 5% of the salary fund provided for in the budget of the Supreme Court of Justice, to the staff who ensure the realization of the activity the posts from which the savings came. + Article 18 (1) For the activity carried out, the salarized personnel according to the present law shall benefit, at the end of the calendar year, from an annual prize corresponding to the gross basic salary of the last month of the year for which (2) For those who have not worked all year round, the prize is awarded in proportion to the period in which they worked, taking into account the gross basic salary in the last month of activity. (3) The award criteria shall be approved by the President of the Supreme Court of Justice. (4) The annual award may be reduced or will not be awarded in the case of employees who, during the year, carried out improper professional activity or enjoyed deviations for which they were disciplined. + Article 19 For the granting of aid, rewards and contributions to humanitarian actions, the Fund of the President of the Supreme Court of Justice, which is approved annually by budget, is + Article 20 The hiring of civil convention personnel is done under the conditions Law no. 83/1995 on some measures to protect people in work. + Article 21 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 does not receive a salary during that period, receive, in addition to the basic salary of the function, degree or professional step in which they are assigned, an allowance corresponding to the driving position they take over. + Article 22 (1) The basic salaries for other functions than those contained in the Annex to this Law are set out in Annex no. 8 8 to Law no. 40/1991 , republished, higher by 30%. (2) Depending on the needs, specific functions may also be used for budget units whose basic salaries, established according to the law, are higher according to par. ((1). + Article 23 Judges of the Supreme Court of Justice and assistant magistrates benefit, according to the law, from the following rights: a) reimbursement of the cost of transportation for the judge and members of his family, as well as for his household, if, for the exercise of the office in which he was appointed, he is to move from another locality; b) payment of an allowance equal to the gross basic salary at the date of the actual move from another locality; c) payment of an allowance equal to 1/4 of the gross basic salary for each family member, at the date of moving from another locality; d) a paid leave of 5 working days, for the purpose of moving, granted at his request; e) compensation of accommodation expenses within the limit of 50% of their value, until the provision of a dwelling, without exceeding the tariff for the 3-star hotel; f) the judges who benefit from the dwelling in the locality where they permanently carry out their activity and who are not granted the compensation of the accommodation expenses, under the conditions provided in lett e), are entitled to the settlement of travel expenses; g) maintenance of gross basic salary had at the Supreme Court of Justice for the case provided for in art. 63 63 para. 2 of the Supreme Court of Justice Law no. 56/1993 , when, after the end of the mandate for which he was appointed, the judge returns to the post previously occupied or to another post in the magistracy + Article 24 (1) Judges of the Supreme Court of Justice and assistant magistrates who have lost all or most of their ability to work, being classified in the first degree or in the second degree of invalidity, following the commission against them provided by the criminal law, during or in connection with the service, will receive, during the period of invalidity, a pension equal to the basic salary net had at the date of the deafness of invalidity and will benefit, only once, from a compensation equal to 5 times the same basic net salary. (2) Judges of the Supreme Court of Justice and assistant magistrates, who have partially lost their ability to work under the conditions of par. (1), being classified in the third degree of invalidity, and who can no longer continue to exercise the profession, will benefit from a pension equal to half of the basic salary net had on the date of the invalidity, of compensation equal to 3 times the net basic salary of the last month of activity, as well as the right to cumulate, under the law, the pension with the salary that they can achieve in another activity that they will continue to carry out. (3) The following of the deceased magistrates under the conditions provided in par. (1)-the surviving spouse, minor children and major children in studies, until reaching the age of 25-benefit, during the period as long as they meet the conditions provided by the legal regulations regarding social insurance pensions state, of a single pension equal to the net basic salary that the respective magistrates had at the time of death. + Article 25 In addition to the rights provided in this law, the staff of the Supreme Court of Justice also benefit from the rights established by special normative acts + Article 26 (1) The rights and obligations of the staff of the Supreme Court of Justice sent to the country or abroad for the performance of temporary assignments shall be established by rules approved by the Standing College of the Supreme Court of Justice, with compliance with limits set out in normative acts (2) Judges of the Supreme Court of Justice and members of the Superior Council of Magistracy are entitled to diplomatic passport. + Article 27 Judges of the Supreme Court of Justice and assistant magistrates, who carry out trips in the interest of the service in other localities than in Bucharest and who use their own means of transport, are entitled to settlement The value of the fuel used for this purpose, but not more than the cost of 7.5 litres petrol per 100 km travelled. + Article 28 For the reception of foreign delegations and guests from the country or abroad the protocol fund is constituted. The spending scales for the protocol actions shall be determined by rules approved by the President of the Supreme Court of Justice. + Article 29 (1) The funds necessary for the expenses provided in art. 26 and 27 are approved annually by budget, by the United Sections of the Supreme Court of Justice, according to art. 65 of the Supreme Court of Justice Law no. 56/1993 . (2) The President of the Supreme Court of Justice shall determine, by order, the level of expenses for each + Article 30 The salary and other rights due to the military and civil personnel with which the Military Section is classified shall be ensured by the Ministry of National Defence, in accordance with the provisions of this Law and with the regulations on rights materials and money, specific to the quality of active military and civil employee of this ministry. + Article 31 Staff assigned to positions, degrees or professional steps, which are no longer provided for in this law, will be classified in the new positions, degrees or professional steps to ensure the previous basic salary, being able to be higher by at most one gradation. + Article 32 (1) The settlement of appeals in connection with the establishment of salaries, the granting of grades, steps, gradations, bonuses, prizes and other rights that are established according to the law is within the competence of the Standing College of the Supreme Court of Justice. ((2) The Appeals will be filed within 5 days from the date of taking notice and shall be resolved within 30 days. (3) Against the decision of the Permanent College can be appealed, within 15 days from the date of taking to the Civil Section of the Supreme Court of Justice. The decision is taken in the plenum of the section, with the majority The judgment is final and irrevocable. + Article 33 The state of office of the Supreme Court of Justice is approved by its permanent College, according to art. 26 lit. c) of the Supreme Court of Justice Law no. 56/1993 , in compliance with the number of posts provided in art. 7 and, respectively, established according to art. 9 and 10 of the same law, within the limits of the salary cap approved by budget. + Article 34 The salaries and driving allowances of this Act are gross and taxable. They will be updated taking into account the indexations granted in accordance with the provisions of the Government decisions adopted after January 1, 1996. + Article 35 The Annex forms an integral part of this Law + Article 36 Does not benefit from the basic salaries and other rights provided by this law the personnel assigned to other institutions in whose specific laws of organization or payroll reference is made to the salaries established for the judges, Assistant magistrates and other staff of the Supreme Court of Justice, with the exception of the Constitutional Court and the Court of Auditors. Members of the Court of Auditors shall not benefit from the rights art. 17 17 of Law no. 50/1995 . + Article 37 On the date of entry into force of this Law, provisions Law no. 52/1991 on the salary of the personnel of the judicial authorities, republished in the Official Gazette of Romania, Part I, no. 215 215 of 1 September 1993, and any other provisions to the contrary, shall be repealed. This law was adopted at the joint sitting of the Chamber of Deputies and the Senate of June 19, 1996, in compliance with the provisions of 74 74 para. ((2) and art. 76 76 para. (2) of the Romanian Constitution. p. PRESIDENT CHAMBER OF DEPUTIES JOHN GAVRA p. SENATE PRESIDENT VALER SUIAN + Annex I. RANKING COEFFICIENTS FOR THE LEADERSHIP OF THE SUPREME COURT OF JUSTICE No. . The President of the Supreme Court of Justice7,50 2.Vice President of the Supreme Court of Justice 6,80 3.President of the Supreme Court of Justice 6,60 NOTE: The coefficients of ranking of basic salaries are updated with the modification of the coefficients of ranking of the allowances of the members of the Romanian Parliament and of the basic salaries for the members of the Government, with which they correlate. II. RANKING COEFFICIENTS FOR THE LEGAL EXECUTION FUNCTIONS OF THE SUPREME COURT OF JUSTICE A. Functions of legal specialty execution Function of the Ranking Coefficient of Judgments30 NOTE: The coefficient of ranking of the basic salary is updated with the modification of the coefficient of ranking of the allowances of the members of the Romanian Parliament and of the basic salaries for the members of the Government, with which it correlates. B. Functions of legal specialty execution on professional degrees Function Level of studiesThe ranking coefficient of ranking 1234 Magistrate-assistant-degree IS5,005,105,205,30-degree IIS4,504,604,704,80-degree IIIS4,004,104,204,30 NOTE: The basic salary provided for the assistant magistrate is increased by 3% when it is submitted on the spot in the degree of court president, by 5% when it is submitted on the spot in the degree of appeal court judge and by 7% when submitted on the spot in the degree of President of the appeals court. The ranking coefficients set out in this Annex shall apply only to assistants who fulfil the condition of being granted the coefficients set out in Annex no. 1 1 to Law no. 50/1996 on the pay and other rights of the staff in the organs of the judicial authority, functioned as judges and prosecutors at the courts and at the prosecutor's offices of the courts and have the proper seniority to be framed in these coefficients. The other assistants shall benefit from the ranking coefficients set out in Annex no. II/3 to Government Ordinance no. 39/1994, republished. C. Functions of legal specialty management No. crt.FunctionThe level of the driving allowance (lei) minimmaximum Driving functions 1.Primary-magistrate-assistance57,000108,000 2.Director57.000108,000 3.Magistrate-assistant sef52.00097,000 III. RANKING COEFFICIENTS FOR SPECIALIZED EXECUTION FUNCTIONS ON PROFESSIONAL STEPS A. Execution functions No. 1.Grefier and strike-secretary: 1234-rung IM2,2552,3102,3652,420-rung a II-aM2.0352,0902,1452,200-rung III-aM/G1, 8151, 8701, 9251, 980-debutantM/G1, 760 --- 2.procedural agent, aprodG1,1001,1281,1551,182 NOTE: The salaries of the Registrar and Registrar-Secretary are higher by 5% for the staff who use, in the interest of the service, at least one foreign language, on average 50% of the working time, and for which they possess attestation. The salaries of the Registrar and Registrar-Secretary with higher education are higher with the ranking coefficient of 0.5 compared to the salaries of those with secondary education. B. Leadership functions Function Level of the driving allowance (lei) minimummaximum Prim-grefier15.14030.280 -------