Law No. 66 of 21 April 1997 on the salaries of members and staff of the National Commission on securities and stock exchanges staff ISSUING PARLIAMENT Published in MONITORUL OFICIAL nr. 73 of 23 April 1997, the Romanian Parliament adopts this law.
Article 1 remuneration of the members of the National Commission for securities, and its staff, shall be carried out taking into account the role and importance of the responsibility of this institution.
Article 2 ranking wage Coefficients of basis functions which form the subject of this Act shall be determined in relation to the coefficient of 1.00 used for staff in the budgetary sector according to law.
Article 3 ranking wage Coefficients for members of the National Commission for securities are listed in the annex. 1. Article 4 of the outline of wages Coefficients of the basis functions for the execution of specific specialty from the National Securities Commission are set out in the annex. 2. Article 5 National Securities Commission will be able to include in their States, if they deem it necessary functions, and other functions in addition to those specific specialty, by taking over the functions of the respective annexes to the law nr. 40/1991 regarding the remuneration of the President and the Government of Romania, as well as staff of the Presidency, the Government and other bodies of executive power, republished, and contained in annexes to the Government decision nr. 281/93 as regards the budgetary personnel from units, with subsequent amendments.
Article 6 (1) Employees of the National Commission for securities employed in the execution of specialized functions that are specific to or, where appropriate, in other functions, which coordinates the activities of departments, directorates, services or other compartments, have basic salaries corresponding to the function in which they are employed, plus an allowance for driving set out in annex 4. 3, which is part of base salary and are granted differentiated in relation to the responsibility of driving.
(2) Share managerial functions may not exceed 20% of total posts appended to the function State.
Article 7 functions of Employees engaged in the execution of specific specialty or, where appropriate, in other functions, receiving the task of establishing programs, activities, and other studies also coordinating a collective benefit from the period as well as fulfilling this task an allowance which is part of base salary, determined in relation to its complexity, within the maximum limits laid down in the annex. 3. Article 8 (1) for the outstanding results obtained in work done, employees of the National Commission for securities can receive a monthly salary of up to 15% of base salary, and that's part of it.
(2) Employees in receipt of merit salary shall be determined by judgment, by the National Securities, once a year, usually after the adoption of the State budget for the newly hired personnel, salary merit may be granted after a period of six months of employment.
(3) salary merit may be granted for a maximum of 15% of the total number of posts provided for in the State functions, of which at least two-thirds will be used for execution.
Article 9 (1) gradatia the next higher salary hike, or where it is fitted between the limits, as well as establishing allowances to make driving once a year, usually after the adoption of the State budget, with the approval of the National Commission for securities (Cnvm).
(2) the gradatia immediately above or to increase the wage to keep account of the personal qualities, embodied by the results of the professional 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 6 months.
Article 10 (1) Employing on a vacancy, and advancing the professional degrees or steps, staff, other than the specific speciality, shall be made by competition or examination, in accordance with the law, in relation to professional competence and with the results of the activity. What salary is granted at the appointment or, where appropriate, the advancement is that referred to in gradatia 1 of the function, or professional degree stage in framing.
(2) the minimum Seniority in grade or professional gear for advancement in grade or step immediately above is at least 2 years. Exceptions from this provision provided for persons falling within the functions of the salary award.
(3) the salary of debutante will be paid up to the end of the sample. Advancement in grade or step immediately above Professional is made on the basis of the exam. In the case of nepromovării examination, the trial period may be extended once only for 3 months.
(4) exceptionally, by decision of the National Securities Commission may approve the submission to the contest or the examination of employees who have demonstrated professional competence, but do not meet the requirement of minimum seniority referred to in paragraph 1. 2. (5) Employees who pass from functions with fixed salaries, or between the functions, limits on which salaries are established on the gradations, fits, by appointment, at gradatia to provide a base salary close to that. Under the same conditions fall and workers who pass the fixed salaries with salary between functions.
Article 11 (1) of this Act shall receive payroll, according to the Presidential Office, a raise the work of up to 25% calculated on the basic salary corresponding to the actual time worked on normal working schedule, saying the cuts the Percentages of the basic salary-between 3 and 5 years 5-10 years 5-10 from 10 to 15 years 15-from 15 to 20 years 20-20 25 years (2) bonus for seniority of work shall be payable with effect from the date of the first of the month following that in which he reached the age of the work.
(3) the Retirement age limit, which is reangajeaza in labor law, benefit from the bonus for seniority seniority acquired in work properly after the retirement date.
Article 12 (1) Hours over the normal duration of the provided working time by staff employed in the execution of functions shall be compensated by time off, in the conditions laid down by the National Securities Commission. If labour could not be properly compensated with time off, overtime is paid with a raise in base salary is calculated as follows: a) 50% of base salary for the first two hours exceeded the normal life of the day;
b 100% of salary) for next times; 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) Work over the normal duration of working time can be labour and extra allowances specified in paragraph 2. (1) only if the payment can be making overtime was ordered by the head of the bin or sector of activity, without exceeding 120 hours annually. In special cases it is possible to completely endorse making overtime over that ceiling, but no more than 360 hours per year.
Article 13 (1) Employees working in heavy duty work in printing and reproduction workshops, receive a raise of up to 15% of base salary, corresponding to the time worked under these conditions. Employment, personnel categories, and the amount of increase is approved by the National Securities Commission.
(2) Employees who, according to the working hours operates during the night from 22.00 6.00, receive, and for hours worked during that period, an increase of 25 per cent of base salary, if such time worked on accounts for at least half the normal working schedule.
Article 14 (1) For awarding individual staff of the National Commission for securities shall constitute a monthly prize pool by applying a rate of up to 2% on the salary Fund as provided for in the budget of income and expenditure of their own approved. From this Fund awards may be granted during the year to employees who have completed or contributed directly to the activity results, appreciated as valuable.
(2) in the case of execution of a savings under "personnel Expenses", referred to in its own budget of revenue and expenditure, the National Securities Commission may grant awards during the year, to a maximum of 2% of salary Fund as provided for in the budget of income and expenditure of their own approved. Individual awards are approved by the National Securities Commission.
Article 15 (1) For the work done, staff paid according to this law shall receive at the end of the calendar year of an annual prize to a monthly average basis, made in the year for which payment is required.
(2) annual Award may be reduced or cancelled by the National Securities Commission in the case of those who in the course of the year have engaged in an activity or misconduct had been penalised for having disciplinary action.
Persons falling within the National Commission for securities (cnvm) as a contributor, for the completion of works, the rights laid down in the annex. 4. Article 17 (1) manning overlapping of functions is done in agreement with the National Commission for securities and of the management of the establishment to which the person concerned has the function.
(2) If a part of the aggregate function overlaps that of the function in which it is employed, it will ensure a more coherent approach.
Article 18 the person called temporarily instead of a person exercising powers of leadership and that is missing from the institution for a period exceeding thirty (30) calendar days and not getting a salary during that receives, in addition to the base salary of the tool, the professional level or stage at which it is framed, appropriate managerial duties allowance that you exercise.
Article 19 staff and members of the National Commission for securities, which carry out movements in the interest of the service, other than the premises of the establishment in which they work, are entitled to the reimbursement of accommodation and subsistence expenses to travel under the same conditions with the staff of public institutions.
Article 20 For the specific activity carried out, certain categories of staff, established by the National Commission for securities, receive a raise privacy 10% of base salary.
Article 21 the Chairman, Vice-Chairman and members of the National Commission for securities are State officials.
Article 22 of the basic Salaries for other functions than those in the annexes to the present law and the conditions of employment are set out in the annex. 8 the law nr. 40/1991, republished, with 20% for staff of the National Commission for securities.
Article 23 the members of the National Commission for securities, as well as its staff sent abroad, organizers invited on account or other external partners, for scientific, professional development, exchange of experience, fellowships, documentation, congresses, conferences and symposiums or other forms of meetings and international events, benefit from the rights laid down in the legal rules in force with regard to budgetary units.
Article 24 (1) Appeals in connection with the granting of increases, gradatiilor, awards and other rights which are established under the provisions of the present law, shall decide by the National Securities.
(2) Appeals shall be submitted within five days of the notification of the contested measure.
(3) the resolution of a complaint shall be made within 30 days of the referral.
(4) the judgment handed down by the National Securities Commission may formulate opposition to competent courts.
(5) Appeals in connection with the establishment of salaries, as well as those concerning the unilateral alteration of wages referred to in the contract of employment shall be the competent courts decide.
Article 25 Employees with managerial duties will be subject to a trial period of 3 months. If at the end of the sample employee has proved appropriate to the respective function, the appointment will be final as of the date of commencement of the trial period. Where the employee who comes from the same unit has proved inadequate in function, it will be passed into the function execution referred to above.
Article 26 period of exercise of the mandate of a member of the National Commission on securities of the individual labour contract thereof is suspended. Upon the termination of the mandate of the exercise, in the case of traning in the execution of the same individual contract of employment.
Article 27 the regulation of parental leave and other leave is done through regulation approved by the National Securities Commission, in accordance with the law.
Article 28 of the basic Salaries corresponding coefficients rankings and driving allowances referred to in this law are gross and taxable. They will be updated in the light of indexarile granted in accordance with the provisions of the Government's decisions.
Article 29 Wages and other rights provided for in this law shall be subject to the first date of the month in which the law comes into force.
Article 30 appendices. 1-4 are an integral part of this law.
Article 31 personnel stock exchanges is done according to their own rules and regulations adopted by the General Assembly of the Association of each stock exchange.
Article 32 on the date of entry into force of the present law shall repeal art. 120 of the law nr. 52/1994 on securities and stock exchanges.
This law was adopted by the Chamber of deputies at its meeting on 1 April 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ION DIACONESCU this law was adopted by the Senate at its meeting on 1 April 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE PRESIDENT PETRE ROMAN annex I COEFFICIENTS OUTLINING salaries for members of the National Commission for securities (cnvm) No. crt.
Function coefficients outlining salaries 1.
President 6,00 *) 2.
5.75 Vice President 3.
Member of the Commission-5.50-------note *) Through assimilation with the Minister.
Outline of wages coefficients of basis to be updated once the modification coefficient ranking, with which he made the assimilation for Chair.
Annex 2 OUTLINE of wages COEFFICIENTS of the basis functions for the execution of specific specialty from the National Securities Commission no. crt.
Level of education function of Coefficients outlining salaries 1.
The capital markets regulator, political analyst of the market inspector, auditor securities supervisor, investigator; I S 4.10-4,40 *) 2.
The capital markets regulator, political analyst of the market inspector, auditor securities supervisor, investigator; grade II * 3.70-4.00) 3.
The capital markets regulator, political analyst of the market inspector, auditor securities supervisor, investigator; grade III S 3.30-3.60 4.
The capital markets regulator, political analyst of the market inspector, auditor securities supervisor, investigator; the Assistant was 2.35-2,80 *) 5.
Chief cabinet 1.30-1,70 M *) 6.
Cabinet Secretary 1.15-1,45 M *) — — — — — — — — — — — — — *) Through assimilation with the functions of Government, governmental expert advisor and consultant in the Government apparatus, as appropriate.
*) Through assimilation with the functions of cabinet Chief and, respectively, the cabinet Secretary in the Government, as appropriate.
Note: the coefficients of basic wage ranking will be updated once the modification of coefficients outlining the basic wage for the functions with which they have been assimilating.
Annex 3 ALLOWANCES for leadership within the National Commission for securities (cnvm) No. crt.
Function maximum Allowance monthly driving *) (lei) 1.
Director general of Department 122,200 2.
Deputy Director general of Department 108,600 3.
Directory 108,600 4.
Deputy Director of 97,600 5 departments related divisions.
Chief 76,200 6.
Head Office related departments within divisions 54,100 — — — — — — — — — — * Note) maximum Allowances for driving functions are equal to those prescribed for the positions of director general, Deputy director general, director, Deputy director, Head Office, Head Office, referred to in the annex. 8 pct. I lit. (B) at Legeanr. 40/1991, republished, in force from 1 January 1997, and it will update once with their modifications.
Annex 4 rights of persons classified as a contributor to the National Securities Commission 1. Persons falling within the National Commission for securities, as a collaborator, receive a monthly allowance of up to the minimum gross basic salary per country, established in relation to the period of cooperation with the importance of the work performed.
People who work in specialized functions specific to run-time, as a cooperator, receive a monthly allowance of up to 50% of base salary set by law, the functions in which they are placed, fixed in relation to the time of collaboration, with the complexity and importance of the work carried out with.
2. For some occasional work that cannot be performed by existing staff can use researchers (stenodactilograf, translator, interpreter, translator and others too), you pay by the hour. Hourly rate shall be determined in accordance with the salary prescribed by law for the respective function.
3. persons assigned as the contributor will conclude agreements with National Civil Securities Commission.
4. If the cooperation activity in another locality than the one in which they reside, and right to the reimbursement of travel and accommodation, according to the tariffs of the hotel units, as well as a daily allowance at the level of the established for employees of budgetary establishments, as long as it operates.
5. civil Conventions concluded by such persons shall be subject to the provisions of law No. 83/1995 concerning certain protective measures with regard to persons placed in work.