LEGE no. 138 138 of 20 July 1999 (* updated *) on the payroll and other rights of military personnel in the public institutions of national defence, public order and national security, as well as the granting of salary rights to civil personnel in these institutions ((updated until 25 March 2012 *)
ISSUER
PARLIAMENT
---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 The provisions of this law apply to military and civilian personnel of the Ministry of National Defence, the Ministry of Interior, the Romanian Intelligence Service, the Foreign Intelligence Service, the Protection and Guard Service, the Special Telecommunications and Justice Ministry. + Article 2 Repealed. ---------- Article 2 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Chapter II Salary of military personnel and some civil personnel rights + Section 1 Repealed. ---------- Section 1 of Cap. II has been repealed by section 6.6. 8 8 of para. ((1) art. 48, Cap. VI, Part II of 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 + Article 3 Repealed. ---------- Article 3 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of 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 + Article 4 Repealed. ---------- Article 4 has been repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of 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 + Article 5 Repealed. ---------- Article 5 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 6 Repealed. ---------- Article 6 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 7 Repealed. ---------- Article 7 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 8 Repealed. ---------- Article 8 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 9 Repealed. ---------- Article 9 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 10 Repealed. ---------- Article 10 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 11 Repealed. ---------- Article 11 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 12 Repealed. ---------- Article 12 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 13 Repealed. ---------- Article 13 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 14 Repealed. ---------- Article 14 has been repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 15 Repealed. ---------- Article 15 has been repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Section 2 Repealed. ---------- Section 2 of Cap. II has been repealed by section 6.6. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 16 Repealed. ---------- Article 16 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 17 Repealed. ---------- Article 17 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 18 Repealed. ---------- Article 18 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 19 Repealed. ---------- Article 19 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 20 Repealed. ---------- Article 20 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 21 Repealed. ---------- Article 21 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 22 Repealed. ---------- Article 22 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 23 Military personnel and civilian employees from military construction units, military railway and road units and other units, carrying out works on construction sites, in industry, agriculture, geo-topo works-photogrammetry. and in other sectors of activity, taking into account the conditions under which they operate and the working hours, also benefit from other money rights, under the conditions set out in Annex no. 5. + Article 24 Repealed. ---------- Article 24 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of 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). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 26 Repealed. ---------- Article 26 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 27 Repealed. ---------- Article 27 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of 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). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 29 Repealed. ---------- Article 29 has been repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 30 Repealed. ---------- Article 30 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 31 Repealed. ---------- Article 31 has been repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 32 Repealed. ---------- Article 32 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 33 Repealed. ---------- Article 33 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 34 Repealed. ---------- Article 34 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 35 Repealed. ---------- Article 35 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 36 Repealed. ---------- Article 36 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 37 Repealed. ---------- Article 37 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 38 Repealed. ---------- Article 38 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Section 3 Money rights due to military personnel during their studies and in other situations + Article 39 Repealed. ---------- Article 39 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 40 Repealed. ---------- Article 40 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 41 Repealed. ---------- Article 41 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 42 (1) Military personnel in activity and military personnel employed on the basis of contract, during the time they are in delegation, posting, temporary incapacity for work, holiday leave, maternity leave and other paid holidays that are granted on the basis of the legal provisions, in furlough and during the execution of disciplinary sanctions provided for in the military regulations, receive monthly balances and other money rights. ... (2) Upon departure for rest leave the military personnel in activity and the military employees on the basis of the contract receive the monthly solda with anticipation, which is paid at least 5 days before the departure on leave. ... (3) Military cadres in activity, during parental leave aged up to 2 years or up to 3 years in the case of disabled child, benefit from the allowance provided by Government Emergency Ordinance no. 148/2005 ... on family support in order to increase the child, with subsequent amendments and completions. The period of parental leave aged up to 2 years or up to 3 years in the case of the disabled child constitutes seniority in work and service, which is envisaged in determining the rights to be granted in relation to it. ---------- Alin. ((3) of art. 42 42 has been amended by section 4 4 of art. I of ORDINANCE no. 56 56 of 30 August 2006 , published in MONITORUL OFFICIAL no. 746 746 of 31 August 2006. (4) Military cadres in activity, during the leave for the care of the sick child aged up to 7 years, and in the case of the disabled child, for the intercurrent conditions, until reaching the age of 18, benefit from the monthly balance gross in percentages stipulated by the provisions Government Emergency Ordinance no. 158/2005 ... on health insurance holidays and allowances, approved with amendments and additions by Law no. 399/2006 . ---------- Alin. ((4) of art. 42 42 has been amended by section 2 2 of art. unique from LAW no. 477 477 of 12 December 2006 , published in MONITORUL OFFICIAL no. 1.004 1.004 of 18 December 2006, amending section 4 4 of art. I of ORDINANCE no. 56 56 of 30 August 2006 , published in MONITORUL OFFICIAL no. 746 746 of 31 August 2006. + Article 43 (1) Military cadres in past activity in reserve, withdrawal or deceased before being carried out the rest leave shall be compensated in money unpaid leave, in relation to the monthly balance held in the month in which the change of position of activity, namely death. ... (2) Provisions of para. (1) shall also apply to servicemen employed on a contract basis, deceased or whose contract ceases before the expiry of the period for which it has been concluded. ... (3) Military cadres in activity that carried out the holiday in the current year, before the date of passing into reserve, will refund the share of the monthly balance received during the rest leave, if the transition to the reserve took place on the basis of art. 85 lit. h)-l) a art. 87 87 and 88 of Law no. 80/1995 . ... (4) The provisions of par. ((3) shall also apply to military employees on the basis of a contract to which they cease or terminate their contract for imputable reasons. ... + Article 44 Repealed. ---------- Article 44 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Section 4 Repealed. ---------- Section 4 of the Head. II has been repealed by section 6.6. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 45 Repealed. ---------- Article 45 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 46 Repealed. ---------- Article 46 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Section 5-a Repealed. ---------- Section 5 of the Head. II has been repealed by section 6.6. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 47 Repealed. ---------- Article 47 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 48 Repealed. ---------- Article 48 has been repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 49 Repealed. ---------- Article 49 has been repealed by point 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 50 Repealed. ---------- Article 50 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 51 Repealed. ---------- Article 51 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Chapter III Final provisions + Article 52 Repealed. ---------- Article 52 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 53 Repealed. ---------- Article 53 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 54 Repealed. ---------- Article 54 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 55 Repealed. ---------- Article 55 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 56 Repealed. ---------- Article 56 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 57 Repealed. ---------- Article 57 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 58 Repealed. ---------- Article 58 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 59 Repealed. ---------- Article 59 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 60 Repealed. ---------- Article 60 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 61 Repealed. ---------- Article 61 has been repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 62 Military personnel who, according to specific regulations, are obliged to live in the premises of the unit or in their service homes, are exempt from paying the rent. + Article 63 Repealed. ---------- Article 63 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 64 Repealed. ---------- Article 64 has been repealed by point (a) 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 65 Military units that are partially or fully financed by extra-budgetary means, as well as sports clubs of the Ministry of National Defence and the Ministry of Interior, may apply the provisions of this law. + Article 66 Specific rights of staff in the ministries and institutions referred to in art. 1 1 are set out in Annex no. 9. + Article 67 Military personnel in activity who attend the courses of higher education institutions, as well as doctoral students have the annual right to a study leave, paid, of 30 calendar days. + Article 68 Military personnel in activity, military personnel on a contract basis and civil employees, sent in delegation for a duration of more than 30 days uninterrupted in the same locality, may receive, in exceptional cases, with the prior approval of Ministers or, as the case may be, the heads of the central institutions, the full delegation allowance, for the duration of the delegation. + Article 69 The granting of money rights regulated by this law will be made within the budget funds approved annually to the ministries and central institutions provided in art. 1. + Article 70 In time of mobilization or war the provisions of this law apply, as well as some specific regulations established by Government decision. + Article 71 Repealed. ---------- Article 71 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 72 This law shall enter into force on the first of the month following its publication in the Official Gazette of Romania. + Article 73 Repealed. ---------- Article 73 was repealed by point (a). 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. This law was adopted by the Chamber of Deputies at the meeting of June 30, 1999, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. PRESIDENT CHAMBER OF DEPUTIES, ANDREI IOAN CHILIMAN This law was adopted by the Senate at the meeting of June 30, 1999, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, ULM NICOLAE SPINEANU Bucharest, July 20, 1999. No. 138. + Annex 1 Note ... ---------- NOTE: 1. Officers, military maisters and subofficers, appointed to positions provided with degrees superior to the military degree they have, benefit from the ranking coefficients corresponding to these functions. 7. In order to establish as appropriate as possible the tasks of some functions provided in the Annex, with the approval of the heads of ministries and institutions provided 1 of the law, in the states of organization can also be provided for some details on the duties of the respective 11. Eliminated. ---------- Item 11 of the Note in Annex 1 was deleted by the rejection ORDINANCE no. 8 8 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008 by LAW no. 49 49 of 19 March 2012 , published in MONITORUL OFFICIAL no. 185 185 of 22 March 2012. 12. Eliminated. ---------- Item 12 of the Note in Annex 1 was deleted by the rejection ORDINANCE no. 8 8 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008 by LAW no. 49 49 of 19 March 2012 , published in MONITORUL OFFICIAL no. 185 185 of 22 March 2012. 13. Eliminated. ---------- Section 13 of the Note in Annex 1 was deleted by the rejection ORDINANCE no. 8 8 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008 by LAW no. 49 49 of 19 March 2012 , published in MONITORUL OFFICIAL no. 185 185 of 22 March 2012. 14. Eliminated. ---------- Section 14 of the Note in Annex 1 was deleted by the rejection ORDINANCE no. 8 8 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008 by LAW no. 49 49 of 19 March 2012 , published in MONITORUL OFFICIAL no. 185 185 of 22 March 2012. 15. Eliminated. ---------- Item 15 of the Note in Annex 1 was deleted by the rejection ORDINANCE no. 8 8 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008 by LAW no. 49 49 of 19 March 2012 , published in MONITORUL OFFICIAL no. 185 185 of 22 March 2012. 16. Eliminated. ---------- Section 16 of the Note in Annex 1 was deleted by the rejection ORDINANCE no. 8 8 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008 by LAW no. 49 49 of 19 March 2012 , published in MONITORUL OFFICIAL no. 185 185 of 22 March 2012. ---------- Annex 1 has been repealed, with the exception of point 1 1, 7 and 11-16 of the grade, according to section 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Annex 2 Repealed. ---------- Annex 2 was repealed by section 6.6. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Annex 3 Repealed. ---------- Annex 3 was repealed by section 6.6. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Annex 4 Repealed. ---------- Annex 4 was repealed by section 6.6. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Annex 5 RIGHTS personnel performing works on construction sites, in industry, agriculture, geo-topo works-photogrammetry and other sectors of activity A. Military rights in the term The military within the period shall benefit from a monthly premium for exceeding the value plan, namely the value norm, which is granted from a fund constituted, in the amount of: -70% of exceeding the value plan for those performing manual works; -20% of the exceeding of the individual value rules established for drivers and mechanics of machinery conductors; -5% of exceeding the value norms on the total auto subunit (machinery), for the award of the military within the repair shops. The amount of the individual premium may not exceed 50% of the gross minimum basic salary per country. The military in indirect productive term shall benefit from the monthly premium in the amount of up to 40% of the average premium made on the unit or subunit to which they belong. The premiums are borne by the revenues made and do not affect the award fund for military in direct productive term. B. The rights of military personnel in the activity, of the military employees on the basis of contract and of civil employees Military personnel in activity, military personnel on the basis of contract and civil employees benefit from: a) the delegation or posting allowance, in the amount provided by the legal provisions in force, provided that the workplace is in a locality other than the locality where they have their domicile or residence and only if they cannot return daily at home (residence). ... If the delegation or posting lasts more than 30 days uninterrupted in the same locality, the delegated or seconded persons receive for the time exceeding the first 30 days an allowance in the amount provided by the legal provisions in force; b) accommodation expenses, according to the legal provisions in force for non-public personnel working on construction sites; ... c) the first monthly from a fund constituting in the amount of 20% of the value of exceeding the monthly value plan established for manual works and 5% of the value of the norm overruns made with motor vehicles and construction machinery. The percentages of incorporation of the monthly prize fund shall apply to the total overrun achieved by the subunit, respectively per unit. ... Military personnel in activity and civilian employees who carry out direct productive activities for which individual value rules are established shall benefit from the monthly premium to be granted from a fund constituting under the conditions laid down for Military within. The amount of the individual premium will not exceed the percentages below, calculated on the monthly balance, respectively on the basic salary corresponding to the time worked, as follows: -up to 25% for staff in direct productive subunits (platoon, company, detachment, team, workshop, section, lot, battalion of machinery and transport, construction site); -up to 20% for the rest of the staff-indirectly productive-from battalions, sectors, brigades (M.U.); -up to 15% for staff in the relevant departments with coordination tasks in central commands and directorates, approved by the minister or the head of the central institution; d) a furlough or a 4-day invocation (of which two working days), once every 45 days, with the payment of solda rights, respectively salary and reimbursement of transport expenses, to those who work in localities other than those in which they have domicile; ... e) free transport under the same conditions as granted to military personnel moved for work in other garrisons than those in which they are domiciled. ... Common provisions for lit. A and B The individual value rules and the value plan according to which the monthly premiums are granted shall be determined on the basis of the regulations drawn up by the ministries or central institutions. The first monthly for exceeding the value plan is granted according to the time provided, the contribution to the realization of these actions and the observance of the military discipline and labor. The rights provided for in this annex also benefit the military personnel in activity classified in the disciplinary military unit participating in the execution of works and benefits in the economy. The soldiers sentenced to serve the punishment in the disciplinary military unit, while participating in works and benefits in the economy, benefit from 10% of the value of the work provided, provided that the established norms are fulfilled. Other provisions Military and civilian personnel from military units fully funded from extra-budgetary sources shall benefit from a monthly premium which shall be granted from a fund constituted by 80% of the excess achieved and shall be granted as follows: -up to 25% of the monthly balance, respectively of the basic salary, for the directly productive staff; -up to 20% of the monthly balance, respectively of the basic salary, for the indirectly productive staff. Military and civilian personnel to whom the provisions of the letter apply. A and B do not benefit from the premiums and the annual prize, established in art. 28 and 29 of the law, for that period, the payment of hours provided over the normal working hours and no site allowance. C. The rights of the military personnel in the activity, of the military personnel on the basis of contract and of the civilian employees performing geo-topo-photogrammetric works in the field Military personnel in activity, military personnel on the basis of contract and civil employees who perform in the field works of astronomy, geodesy, levelment and topo-photogrammetry, during the time they are in localities other than the headquarters of the unit, benefit from: a) the full delegation allowance, in the amount provided by the legal provisions in force, regardless of the distance and duration in days of participation in the works, provided that the workplace is in a locality other than the locality where they have the domicile and only if they cannot return to their home daily; ... b) accommodation expenses, according to the regulations in force, for staff who move in the interest of the service, when they cannot be provided with accommodation free of charge. ... Military and civilian personnel who benefit from the rights provided above do not benefit from the payment of hours provided above the normal working hours nor the site allowance. D. The units and categories of personnel for which the provisions of this Annex apply shall be established by order of the Minister, respectively of the head of the central institution. + Annex 6 Repealed. ---------- Annex 6 was repealed by section 6.6. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Annex 7 SOME REGULATIONS on the salarisation of military personnel in activity perform functions outside the Ministry of National Defence, The Ministry of Interior, the Romanian Intelligence Service, Foreign Intelligence Service, Protection and Guard Service, Special Telecommunication Service and Ministry of Justice in companies, in autonomous regions, as well as salarisation of staff in special compartments and of military magistrates, military auxiliary personnel and civil servants of the judicial authority 1. Abrogat. ---------- Section 1 of Annex 7 has been repealed by section 1. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. 2. Abrogat. ---------- Section 2 of Annex 7 has been repealed by section 2. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. 3. Abrogat. ---------- Section 3 of Annex 7 has been repealed by section 3. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. 3 3 ^ 1. Repealed. ---------- Section 3 ^ 1 of Annex 7 has been repealed by section 3. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. 3 3 ^ 2. Repealed. ---------- Section 3 ^ 2 of Annex 7 has been repealed by section 3. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. 4. Money rights due to military personnel in activity, who perform functions outside the ministries and institutions provided in art. 1 of the law, during temporary incapacity for work, rest leave, permissions, as well as during trips in the interest of the service or in case of move, is granted according to the regulations that apply in these institutions. 5. Abrogat. ---------- Section 5 of Annex 7 has been repealed by section 5. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. 6. Abrogat. ---------- Section 6 of Annex 7 has been repealed by section 6.6. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. 7. Abrogat. ---------- Section 7 of Annex 7 has been repealed by section 7. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. 8. Abrogat. ---------- Section 8 of Annex 7 has been repealed by section 6.6. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. 9. Abrogat. ---------- Section 9 of Annex 7 has been repealed by section 9. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. 10. Abrogat. ---------- Section 10 of Annex 7 has been repealed by section 10. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. 11. Abrogat. ---------- Section 11 of Annex 7 has been repealed by section 11. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. 12. Abrogat. ---------- Section 12 of Annex 7 has been repealed by section 4.2. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. ---------- Annex 7, except for point 4 4, has been repealed by section 6.6. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Annex 8 Repealed. ---------- Annex 8 was repealed by section 6.6. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Annex 9 RIGHTS specific personnel of the Ministry of National Defence Ministry of Interior, Romanian Intelligence Service, Service Foreign Intelligence, Protection and Guard Service, Special Telecommunication Service and Ministry of Justice 1. Abrogat. ---------- Section 1 of Annex 9 has been repealed by section 1. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. 2. In exceptional cases, when the justified need for work requires it, the staff can travel by any train, to any class, with sleeping wagon and with any other means of transport, but only with the prior approval of the commanders (heads) of units, which respond personally to it. 3. Abrogat. ---------- Section 3 of Annex 9 has been repealed by section 3. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. 4. In the units to which, for the maintenance of the cleaning of the premises, the washing of equipment and the barracks, in the organization states is not provided for this purpose no post or fraction of post can be used personally from outside the ministry or the central institution, on the basis of a convention, under the conditions laid down in the For activities regarding population records, passports, public circulation, translations, translators, archival fund processing and other specific documents or other specific activities, established by the management of the ministry or central institution, can be used collaborators, who will be paid according to the legal provisions. 5. Abrogat. ---------- Section 5 of Annex 9 has been repealed by section 5. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. 6. The Government of Romania is empowered to establish other rights specific to the ministries and institutions provided for in this Law. 7. Abrogat. ---------- Section 7 of Annex 9 has been repealed by section 7. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. 8. Abrogat. ---------- Section 8 of Annex 9 has been repealed by section 8. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. ---------- Annex 9, except point 2 2, 4 and 6, was repealed by section 6.6. 8 8 of para. ((1) art. 48, Cap. VI, Part II of LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. -----
