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

Read the untranslated law here: https://www.global-regulation.com/law/romania/3070792/-lege-nr.-56-din-1-iulie-1996-privind-salarizarea-i-alte-drepturi-ale-judectorilor-curii-supreme-de-justiie%252c-ale-magistrailor-asisteni-i-ale-celorla.html

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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 the other assistants-staff published in PARLIAMENT ISSUING the OFFICIAL GAZETTE NR. 139 of 4 July 1996 the Romanian Parliament adopts this law.


Article 1 remuneration of judges of the Supreme Court of Justice, the magistrates and staff assistants-having other functions shall be carried out taking into account the role and importance of the liability devolving this authority of the judicial power.


Article 2 (1) salaries of judges of the Supreme Court of Justice, the magistrates and other workers-personnel shall be determined in relation to the coefficients set out in annex ranking.
  

(2) outline of wages Coefficients of basis functions which form the subject of this Act shall be determined according to the coefficient of 1.00 used, according to the law, for staff in the budgetary sector.
  


Article 3 basic Salaries are differentiated by function, by grade or professional steps within their gradations.


Article 4 (1) salaries for management personnel are those corresponding to the function execution, step gradatiei times and where he is employed, plus an allowance for driving, as determined according to annex II, which forms part of the base salary, differentiated in relation to the responsibility of leadership met with bin sizes, as well as to the amount of labor leadership activity execution.
  

(2) the specific Duties and functions execution shall be determined by the rules of organization and functioning of the Supreme Court of Justice.
  

(3) the indemnity shall be approved annually by the leadership by the President of the Supreme Court of Justice.
  


Article 5 (1) for the outstanding results obtained in activity, the staff can receive a monthly salary of up to 15% of gross salary and that is part of it.
  

(2) the persons availing themselves of merit, and the amount thereof shall be determined, as a rule, once a year, after the adoption of the budget. For new personnel-employee salary merit may be granted after a period of six months of employment.
  

(3) salary merit may be granted for not more than 25% of the total number of workstations provided for magistrates in the functions of the Supreme Court of Justice and for a maximum of 15% of the number of other posts.
  


Article 6 (1) switch to the next higher gradatia is done once a year, usually after the adoption of the budget, on a proposal from the President or another section of the compartment in which the employee works, the President of the Supreme Court of Justice.
  

(2) the gradatia immediately above gets you the proven qualities into account results obtained through activity, denoted by the notation "very good" or "good" in the previous year.
  

(3) the minimum required length of service for gradatia immediately above is 2 years. Exceptionally, the minimum length of service may be reduced to one year by the President of the Supreme Court of Justice.
  


Article 7 (1) staff, other than judges and magistrates-assistants, is hired and advanced functions through the contest, according to the rules of organization and functioning of the Supreme Court of Justice. Employment hiring and advancement is made at gradatia 1.
  

(2) the minimum Seniority in grade or in gear for advancement in rank or professional gear immediately above is at least 2 years. Exceptions from this provision people framed with salary of debutante who, on expiry, shall be advanced in rank or step immediately above, in accordance with the law.
  

(3) exceptionally, for the workers who have engaged in an occupational activity, College of the Supreme Court of Justice may approve, nominally submitting to competition for advancement in rank or professional gear immediately, without fulfilling the condition of length of service referred to in the preceding paragraph.
  


Article 8 (1) the magistrates are appointed assistants-and promoted according to place and move forward on the degree, according to the conditions laid down in article 23. 36-38 of the Supreme Court of Justice Law No. 56/1993.
  

(2) in determining seniority for the employment of assistants of magistrates-periphrastic prescribed by law shall be taken into account and how the persons concerned had exercised the functions of a judge or Prosecutor.
  

(3) in exceptional cases, may be appointed magistrates in any grad assistants and persons who have served on the nature of those referred to in article 1. 66 of law No. 92/1992 for the judicial organisation, where there were distinguished by the manner in which they exercised the profession for the duration prescribed for each grade, plus 3 years.
  


Article 9 the work of magistrates-assistants, staff of the Chancellery, the Office for external relations and the Directorate for education, documentaries, science, economic and administrative assessment annually with qualifiers: "very good", "good", "satisfactory" and "unsatisfactory", under the conditions laid down in the rules of organization and functioning of the Supreme Court of Justice.


Article 10 (1) of this Act shall receive payroll, according to the Presidential Office, a raise the work of up to 25% of the gross salary corresponding to the actual time worked on normal working schedule, saying the cuts in 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%-20 years 25% (2) bonus for seniority of work shall be payable with effect from the date of the first of the month following the month in which his length of service.
  


Article 11 Supreme Court judges and magistrates-assistants, who are appointed after retirement, benefit from the bonus for seniority of work for total length of work. Upon termination, these persons are entitled to the pension recalculation, incluzindu in the basis for calculation of length of service and salary work done after the retirement date.


Article 12 (1) the judges of the Supreme Court of Justice and the magistrates-assistants receive a raise stability in magistrate, in relation to the actual length of service as a magistrate, calculated on the basis of gross salary, as follows:-from 5 to 10 years 10%-from 10 to 20 years 15% over 20 years-20% (2) Increase stability shall be payable with effect from the date of the first of the month following the month in which his length of service in the judiciary.
  

(3) do not benefit from the bonus stability limit of magistrates for retirees age that are reincadrati according to the law.
  


Article 13 (1) Judges appointed under the law to conduct at the election is entitled to benefit during the period that a compensation of 10%, applied to the gross salary, except where, by law, it establishes a remuneration.
  

(2) for attending meetings at the United Sections of the judges ' Panel of 9 judges and those of the College of the Supreme Court of Justice, judges shall receive an allowance equal to hearing from 1.5% of the gross salary, without exceeding the monthly 15% of gross salary.
  

(3) Judges who attend over 3 main hearings per month benefit from an allowance equal to 2% of gross salary for each sitting in addition, without exceeding 10% of the monthly base salary, if compliance with the quality criteria laid down, and operational efficiency with the opinion of the Superior Council of Magistracy.
  


Article 14 (1) Employees working in heavy duty work receive a raise of 15% of gross salary, corresponding to the time actually worked in these conditions. Places of work and categories of employees shall be established according to law and shall be approved by the College of the Supreme Court of Justice.
  

(2) which, according to Staff working hours operates during the night from 22.00 6.00, receive, and for hours worked, an increase of 25% of the gross salary, though they account for at least half the normal working schedule.
  

(3) Employees who, by the nature of job duties, performs systematic activities over the duration of working time, as well as for activities on holidays, and which may be granted time off corresponding to receive in relation to the normal work programme being exceeded, an increase of 10-25% calculated from gross salary and that is part of it. Categories of employed persons and the conditions for granting the bonus for systematic work over normal work schedule shall be determined by the College.
  


Article 15 (1) Hours over the normal duration of the provided working time shall be compensated by time off in the next 30 days or, at the request of the employee, through payment of a raise calculated from gross salary: a) 50% of base salary for the first two hours exceeded the normal life of the day;
  

100% of b) base salary for the coming hours. With the increase of 100% shall be paid and hours worked weekly rest days or in other days, in accordance with the legal regulations in force, is not working.
  


(2) the normal duration of Work over work can be performed and extra allowances specified in paragraph 2. (1) only if the payment can be making overtime was ordered by the head of Department or sector of activity, without exceeding 360 hours per year.
  


Article 16 For awarding individual staff has conducted or participated in the activity results, appreciated as valuable a monthly prize pool by applying a rate of up to 2% on the salary Fund as provided for in the budget of the Supreme Court of Justice. Unused amounts from this Fund can be used in the coming months in the same budget year.


Article 17 where it achieves savings in personnel costs, it may grant awards during the year, to a maximum of 5% of the salary provided for in the budget of the Supreme Court of Justice, the staff to arrange for what activity has been valuing who originated the savings.


Article 18 (1) For the work done, staff paid according to this law shall be granted, at the end of the calendar year, an annual award based appropriately gross salary in the last month of the year for which the award is granted.
  

(2) For those who haven't worked all year round, the prize shall be granted in proportion to the period in which they worked, taking into account 6 the gross salary of the last month of activity.
  

(3) the criteria for awarding the prizes shall be approved by the President of the Supreme Court of Justice.
  

(4) annual Award may be reduced or will not be granted in the case of employees who, in the course of the year, held an occupation inappropriate times have illustrious deviations have been sanctioned to disciplinary action.
  


Article 19 for granting aid, rewards and contribution to humanitarian actions, Fund President of the Supreme Court of Justice, which is approved annually by the budget.


Article 20 staffing based civil Convention shall be in accordance with the law No. 83/1995 concerning certain protective measures with regard to persons placed in work.


Article 21 Persons temporarily called in a managerial post, where the holder is missing from the institution for a period exceeding thirty (30) calendar days and not receiving a salary in that period, receive, in addition to the base salary of professional level or stage, in which they are framed, an allowance corresponding to the driving function that you take.


Article 22 (1) salaries for other functions than those listed in the annex to this law shall be laid down in the annex. 8 the law nr. 40/1991, republished, with 30%.
  

(2) depending on your necessities, can be used and specific functions of budgetary establishments whose basic salaries established by law are greater under paragraph 1. (1). Article 23 the Supreme Court judges and magistrates-assistants shall be entitled, under the law, and the following rights: (a) reimbursement for transportation) judge and members of his family, and for his household, where, for the exercise of the function has been called, is to move from another locality;
  

(b) payment of the indemnity) equal to the gross salary at the date of the actual transfer from another locality;
  

(c) the payment of the indemnity) equal to 1/4 of the gross salary for each family member, at the time of the move from another locality;
  

d) a paid leave of five working days, in order to move, at his own request;
  

e) reimbursement to the accommodation to a maximum of 50% of their value, up to ensure housing, without exceeding the 3-star hotel;
  

f) justices who enjoys dwelling in the locality in which-and whose permanent activity carried out not given reimbursement for accommodation, subject to the conditions referred to in point e), entitled to the reimbursement of travelling expenses;
  

g) maintaining basic salary gross had the Supreme Court of Justice for the case referred to in article 1. 63 para. 2 of the Supreme Court of Justice Law No. 56/1993, when, at the end of the mandate for which he was appointed, the judge returns to the position held previously or to another post in the judiciary.
  


Article 24 (1) the judges of the Supreme Court of Justice and the magistrates-assistants who have lost all or mostly in working capacity, being incadrabili in grade I or grade II of the disability, as a result of their having committed offences against the law, during or in connection with the service will receive the disability, a pension equal to the net base salary at the date of the occurrence had disability and benefit from Once, a compensation equal to 5 times the same base salary net.
  

(2) the judges of the Supreme Court of Justice and the magistrates-assistants, who have lost partial working capacity in the conditions of paragraph 1. (1) incadrabili in degree of disability, and that I can no longer continue to exercise the profession, will receive a pension equal to half of the net base salary at the date of the occurrence had disability, compensation equal to three times the net salary in the last month of activity, as well as the right to be added, according to the law retirement salary that you can accomplish in the next activity that you will run.
  

(3) under the terms of the dismissed magistrates Followers referred to in paragraph 1. (1) to the surviving spouse, minor children and adult children are to study, up to the fulfillment of the age of the 25-year-period as shall satisfy the conditions laid down by the legal rules relating to the pensions of State social insurance pension, a unique equal to net base salary on which had their respective judges at the time of death.
  


Article 25 rights referred to in this next Act, Supreme Court staff also benefit from the rights laid down in special regulations.


Article 26 (1) the rights and obligations of the staff of the Supreme Court of Justice in the country or sent abroad for certain temporary assignments shall be determined by the rules approved by the College of the Supreme Court of Justice, in compliance with the limits laid down in the regulations.
  

(2) the judges of the Supreme Court of Justice and the members of the Superior Council of Magistracy shall be entitled to a diplomatic passport.
  


Article 27 the Supreme Court judges and magistrates-performing workers movements in the interest of the service other than in Bucharest and uses its own means of transport, shall be entitled to reimbursement of the equivalent oil use for this purpose, but no more than the cost of gasoline at 7.5 liter 100 km traveled.


Article 28 for receiving foreign delegations and guests from the country and abroad Fund protocol. The scales of costs relating to the actions of the protocol shall be determined by the rules approved by the President of the Supreme Court of Justice.


Article 29 (1) the funds necessary for the expenditure referred to in article 1. 26 and 27 shall be approved annually by the budget of the United Stations of the Supreme Court of Justice, in accordance with art. 65 of the Act Supreme Court No. 56/1993.
  

(2) the President of the Supreme Court of Justice shall, by order, the level of expenditure for each action.
  


Article 30 Salaries and other rights due military and civilian personnel with military Department which is framed by the Ministry shall ensure national defense, in accordance with the provisions of this law and the regulations concerning the rights and specific materials, the quality of active military and civilian employee of the Ministry.


Article 31 Staff employed in functions, professional degrees or steps, which are no longer provided for in this law, will be employed in new functions, degrees or steps to ensure professional base salary above, may be larger than one promoting me.


Article 32 (1) the resolution of complaints in connection with the fixing of wages, granting degrees, running boards, gradatiilor, increases, awards, and other rights which are established according to the law is a matter for the College of the Supreme Court of Justice.
  

(2) Appeals shall be filed within 5 days from the date of taking the knowledge and resolve within 30 days.
  

(3) the judgment of the College may be permanent opposition, within 15 days from the date of the referral to the attention of the civil Department of the Supreme Court of Justice. Judgment plenary section will be taken by a majority vote of the members. The judgment is final and irrevocable.
  


Article 33 of the State functions of the Supreme Court of Justice shall be approved by the standing of the College in accordance with art. 26 lit. c) of the Act Supreme Court No. 56/1993, with respect to the number of posts provided for in art. 7 and, respectively, established under art. 9 and 10 of the same law, within the limits of the salary ceiling approved by the budget.


Article 34 the salaries and allowances of leadership of this law are gross and taxable. They will be updated in the light of indexarile granted in accordance with the provisions of Government decisions adopted after 1 January 1996.


Article 35 the annex forms an integral part of this law.


Article 36


Do not receive salaries and other rights provided for in this law, the personnel employed in other institutions in whose organization specific laws or payroll refers to the wages established for judges, magistrates and other workers-personnel of the Supreme Court of Justice, with the exception of the Constitutional Court and the Court of Auditors. Members of the Court of Auditors do not benefit from the rights provided for in art. 17 of law No. 50/1995.


Article 37 on the date of entry into force of this law, the provisions of law No. 52/1991 regarding the remuneration of the staff of the organs of the judiciary, republished in the Official Gazette of Romania, part I, no. 215 from 1 September 1993, as well as any other provisions to the contrary, shall be repealed.
This law was passed in the Chamber of Deputies sitting on the commune and Senate of 19 June 1996, in compliance with the provisions of art. 74 para. (2) and of article 23. 76 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT JOHN p. QADER SENATE CHAIRMAN V.S. MORRIS annex I COEFFICIENTS of RANKING for the LEADERSHIP of the SUPREME COURT of JUSTICE No. crt.
1 ranking Coefficient function.
The President of the Supreme Court of Justice 7.50 2.
Deputy Chairman of the Supreme Court of Justice 6.80 3.
President of section at the Supreme Court Note: 6.60 coefficients outlining the basic wage shall be updated once the modification of coefficients outlining the benefits of the members of the Romanian Parliament and salaries for Government members, with that correlate.
II. OUTLINE for the COEFFICIENTS of the SPECIALIZED LEGAL EXECUTION FROM the SUPREME COURT of Justice of the run-time Functions. specialized legal Function Coefficient ranking Judge 6.30 Note: ranking Coefficient wage base will be updated once the modification coefficient ranking members of the Romanian Parliament allowances and salaries for Government members, with that correlate.
B. Functions of specialized legal execution by grade level of education professional Function Coefficient ranking 1 2 3 4 how graded Assistant-Magistrate grade I S 5.00 5.10 5.20 5.30-II S 4.50 4.60-4.80 4.70 grade III S 4.10 4.20 4.00 4.30 Note: Basic Salary provided for the magistrate Assistant shall be increased by 3% when it is submitted in place of the President of the tribunal with 5% when it is submitted in place of a judge of the Court of appeal and by 7% when it is submitted in place of the President of the Court of appeal.
Coefficients referred to in ranking this annex applies only to magistrates-assistants meeting the condition of coefficients are given in annex 4. 1 the law nr. 50/1996 concerning remuneration and other entitlements of the staff of law enforcement agencies, judicial authority, they functioned as judges and public prosecutors at the courts and the public prosecutor's Office and courts have the seniority to be employed in the coefficients. Other magistrates assistants shall receive ranking coefficients referred to in the annex. II/3 to the Government Ordinance. 39/1994, republished.
C. management of specialized legal no. crt.
Function Level of compensation (lei) minimum maximum driving Functions 1.
Prime magistrate 57,000 108,000 2 Wizard.
Directory 57,000 108,000 3.
Assistant Chief Magistrate 52,000 97,000 III. To OUTLINING COEFFICIENTS of FUNCTIONS RUNNING on the STEPS of implementation. Functions No. crt.
Function level of education outlining how graded coefficient 1.
Registrar and Registrar-Secretary: 1 2 3 4-step I M 2.255 2.310 2.365 2.420-step II M 2.145 2.035 2.090 2.200-3rd gear M/1.815 1.980 1.870 G 1.925-debutant M/G 1.760-2.
BPO, Catchpole 1.128 1.182 1.100 1.155 G Note: the salaries of Registrar and Registrar-Secretary are higher by 5% for staff use, in the interests of the service, at least one foreign language, on average 50% of work time, and possessing the attestation.
Salaries of Registrar and Registrar-Secretary with the higher education are higher ranking coefficient of 0.5 toward salaries of those with secondary education.
B. leadership positions Function Level of compensation (lei) minimum maximum Prime Registrar 15,140 30,280 — — — — — — —