LEGE no. 319 319 of 8 July 2003 on the Status of Research and Development Staff
ISSUER
PARLIAMENT
Published in OFFICIAL MONITOR no. 530 530 of 23 July 2003
The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) The status of the research and development personnel is the framework through which the continuous training, development and motivation of human resources is promoted, in order to ensure professional competence and ethics in research and development activities, the freedom of scientific endeavors and for the participation of staff in the field to promote and evaluate their activities. ... (2) Human resources of the research and development include persons from the research and development system who meet the conditions of studies provided by law, which have the capacity and competence to exercise fully the duties and rights entrusted and assumed and respects the ethics and professional deontology. ... + Article 2 The Ministry of Education and Research *), hereinafter referred to as the state authority for research and development, is the authority of the specialized central public administration with direct responsibilities in the qualification and certification of human resources of Research and development. --------------- Note ... * *) Government Emergency Ordinance no. 64/2003 , published in the Official Gazette of Romania, Part I, no. 464 of 29 June 2003, the new name of the Ministry is the Ministry of Education, Research and Youth + Article 3 (1) The provisions of this Statute shall apply to the research and development personnel operating within the national research and development system, within other organizational structures with state capital, private or mixed, public institutions, as well as in associative forms or individually. ... (2) This law regulates the status of research and development personnel and establishes the specific rights and obligations, as well as the modalities of employment and promotion ... + Article 4 The activity of the research and development staff is of national interest and includes: a) development of scientific knowledge; ... b) participation in the transfer of knowledge and technologies in all areas of economic and social life; ... c) participation in effective valorisation of the results of research and development, for the sustainable development of society. ... + Article 5 Research and development staff: a) assimilate, use and generate new knowledge and apply best practices in the specific field of activity; ... b) respects the mission of research, ethics and professional deontology. ... + Chapter II Categories of staff, functions and professional degrees + Article 6 The activity in the research and development structures provided in art. 3 shall be carried out by the following staff: a) research and development staff; ... b) academics; ... c) auxiliary staff from the research and development activity; ... d) personnel from the functional apparatus. ... + Article 7 The research and development staff provided for in art. 6 lit. a), with higher education, carrying out scientific research activities, it is differentiated by professional functions and degrees, as follows: a) scientific researcher grade I-CS I; ... b) scientific researcher grade II-CS II; ... c) scientific researcher III-CS III; ... d) scientific researcher-CS; ... e) scientific research assistant-ACS. ... + Article 8 The research and development staff provided for in art. 6 lit. a), with technical higher education, which carries out technological development activities, is differentiated by professional functions and degrees, as follows: a) engineer of technological development degree I-IDT I; ... b) 2nd degree technological development engineer-IDT II; ... c) engineer of technological development degree III-IDT III; ... d) technological development engineer-IDT. ... + Article 9 Auxiliary staff with higher education from the research and development activity, provided in art. 6 lit. c), consists of specialists from different fields and profiles, provided in the nomenclature of functions of the other sectors of activity. + Article 10 (1) The auxiliary staff with secondary studies from the research and development activity, provided in art. 6 lit. c), it is differentiated by professional functions and steps, as follows: ... a) technician stage I-T I; ... b) second stage technician-T II; ... c) technician stage III-T III; ... d) trainee technician-TS. ... (2) The staff provided in par. (1) participates in addition to scientific researchers and technological development engineers in carrying out research and development activity by carrying out measurements, analyses, execution operations of some elements, maintenance and exploitation operations. the equipment and research facilities, as well as other similar activities. ... + Chapter III Award of professional degrees and function + Article 11 The employment and professional degrees of the research and development staff is done by competition, under the conditions provided by this law. + Article 12 The methodology of framing the professional functions and degrees of the auxiliary staff from the research and development activity and the personnel from the functional apparatus shall be determined by each institution or research and development unit, according to the legal provisions in force. + Article 13 The auxiliary staff in the research and development activity and the one in the functional apparatus of the institutions or research and development units fall on professional functions and steps, established by the provisions of the legislation in force. + Article 14 The number of positions on positions and professional degrees shall be proposed by the scientific council and approved by the board of directors of the institution or of the establishment, respectively by the equivalent governing bodies, in accordance with the needs and its financial resources. + Article 15 (1) The functions and professional degrees of research and development are handled by competition, based on the evaluation of professional performances. ... ((2) The contest shall be announced publicly, by display at the premises of the institution or of the establishment and by publication in a national circulation newspaper, and shall be carried out in accordance with the provisions of ... ((3) The registration for the competition shall be made within 30 days from the date of publication of the notice. ... (4) The competition commissions shall consist of research and development personnel or higher education, the institution or establishment concerned or outside it, which has a higher scientific degree or at least equal to that of the position taken out at the pageant. ... (5) The competition samples and their content shall be approved by the scientific council of the institution or the organizing unit of the contest. ... (6) The application file for the contest for the occupation of a research and development post with higher education shall include the following: ... a) application-type of registration; ... b) certified children from the baccalaureate diploma or equivalent, the bachelor's degree or equivalent, accompanied by the matrix sheet, as well as certified copy from the work book or copy-extracted from the General Register of employees, for to prove seniority; ... c) certified copy of the doctor's degree in the science branch corresponding to the post, as well as from other diplomas or scientific or academic titles; ... d) curriculum vitae; ... e) the list of published works, accompanied by a copy of at least 5 representative works; ... f) other documents required by the legislation or regulations in force. ... (7) The duration and completion of the contest is 30 days from the date of conclusion of the registration, at the level of the competition commission, and for 45 days, at the level of the institution or the organizing unit of the contest, from the submission of the competition commission report. ... + Article 16 (1) The evaluation of the professional performance of the candidates, as well as the performance of the candidates shall be carried out taking into account the studies, the competence and the professional results obtained, the scientific titles and the professional degrees obtained, the experience in the specialty of fasting, the specific skills necessary to perform the function, in compliance with the provisions of this Statute. ... (2) The competitions for the occupation of scientific researchers shall be organized as follows: ... a) the contest for the position of scientific researcher consists of written, oral and practical tests, specific to the station, established according to art. 15 15 para. ((5). The competition committee, consisting of the president and 2 members, is proposed by the scientific director and the scientific secretary, approved by the scientific council of the unit and is appointed by decision of the head of the institution or unit. The result of the competition samples is assessed by each member of the commission by grades from 10 to 1; the grade of the sample represents their arithmetic average. The Commission shall draw up within 5 days from the last test a report with conclusions of recommendation of the candidate who has obtained the highest average. Candidates who have obtained at least average 8 and no grade below 7 can be recommended. The Scientific Council and the Management Board shall review and approve the outcome of The appointment of scientific researcher shall be made by decision of the head of the institution or of the establishment; ... b) the contest for the position and degree of scientific researcher grade III consists in verifying the fulfilment of the necessary conditions, by analyzing the application file and an oral or written test with topics specific to the job profile. The competition commission consists of the scientific director or the scientific secretary of the unit and of 3 members, specialists in the job profile, with function and professional degree equal or higher than the job put out at the competition, is proposed by the scientific director and the scientific secretary and shall be appointed by decision of the head of the institution or establishment. The candidate's assessment of the contest for the position of scientific researcher degree III is done by scoring, based on a grid adapted to the specificity of the workplace and approved by the scientific council of the institution or the unit. The president of the competition committee presents the report to the scientific council of the unit, nominating the best-performing candidate. The Scientific Council shall approve the outcome of the contest, following which the head of the institution or establishment issues the decision ... c) the contest for filling positions of scientific researcher grade II and scientific researcher first degree consists in the analysis of the application file, verifying the fulfilment of the conditions provided by the law and the assessment by scoring, based on a grid adapted to the specific job activity of the candidate and his performance. The competition committee shall consist of the scientific director or the scientific secretary of the institution or of the establishment and of 4 members, academics and researchers, of which at least 2 from outside the institution or establishment concerned, shall be proposes by the Scientific Director and the Scientific Secretary and is appointed by decision of the head of the institution or of the establishment. In the commissions for filling positions of CS I are called university professors and CS I, and for filling positions of CS II are called university professors or university lecturers and CS I or CS II. The president of the competition commission presents its report to the scientific council of the institution or the research and development unit, nominating the candidate with the best results. The Scientific Council approves the outcome of the contest by nominally The competition file, together with the commission's report and accompanying documents, is submitted to the National Council for Attestation of University Titles, Diplomas and Certificates, which validates the results of the contest, following that the state authority for research and development to confirm by order the results of the appointment contest for the position of CS II, respectively CS I. The appointment on the post of CS II or CS I is made by decision of the head of the institution or of the research and development unit. ... (3) The minimum conditions of professional experience to be met by persons subject to evaluation for scientific research activity are as follows: ... a) for scientific research assistant, to be graduates with bachelor or diploma examination; ... b) for scientific researcher, to have research and development activity in the specialty or in higher education for at least 2 years or at least 4 years in other activities; ... c) for scientific researcher grade III, to have research and development activity in the specialty or in higher education for at least 6 years or 4 years, in the case of candidates holding the title of doctor; for candidates who come from outside higher education or scientific research, 10 years old, or 8 years old, for candidates holding the title of doctor; ... d) for scientific researcher grade II, to have research and development activity in the specialty or in higher education for at least 8 years and the scientific title of doctor; for candidates who come from outside higher education or scientific research, 12 years old in the job profile; ... e) for scientific researcher first degree, have research and development activity in the specialty or in higher education for at least 9 years and the scientific title of doctor; for candidates who come from outside higher education or scientific research, 15 years old in the job profile; ... f) R & D or higher education personnel, who meet the conditions of studies, with a particular activity in the field of the station for which they compete, demonstrated by specialized works of national value and international, may present, with the approval of the scientific council, the contest for the occupation of a post in research and development with the reduction of the seniority conditions established in lett. b)-e). ... (4) The contest for the occupation of functions and degrees of technological development engineers shall be organized on the basis of the methodology established and endorsed by the scientific council and approved by the board of directors of the institution or unit of research and development. The results of the competition and the conclusions of the commission are analyzed and endorsed by the scientific council and approved by the board of directors of the institution or the research and development unit, and the appointment decision is given by the institution or establishment. ... (5) The minimum conditions of professional experience to be met by persons subject to assessment for the technological development activity are as follows: ... a) for technological development engineer, to be at least 2 years old in the specialty of fasting; ... b) for technological development engineer grade III, to be at least 3 years old in the specialty of the station; ... c) for technological development engineer grade II, to be at least 5 years old in the specialty of the post; ... d) for technological development engineer the first degree, to be at least 8 years old in the specialty of the post. ... + Article 17 (1) The professional ranks CS, CS III, IDT, IDT III, IDT II and IDT I shall be granted by decision of the head of the institution or of the research and development unit, based on the results obtained at the competition, according to the provisions of art. 16. ... (2) The National Council for the Attestation of University Titles, Diplomas and Certificates is the advisory body, without legal personality, organized according to art. 140 140 para. (3) of the Education Law no. 84/1995 , republished, with subsequent amendments and completions. ... (3) The composition and conditions for appointment of the National Council for the Attestation of University Titles, Diplomas and Certificates and its specialized commissions, as well as their organization and functioning regulations will be reviewed and completed by the contents of a distinct structure, by order of the Minister of Education and Research for the research and development activity, within 90 days from the entry into force of this Law. ... (4) The National Council for the Attestation of University Titles, Diplomas and Certificates, following the analysis of the competition documents, confirms or disproves the results of the contest and transmits to the head of the state authority for research and development the opinion for the award by order of titles CS II and CS I. ... (5) The fall on office, in the scientific professional degrees II and I is made by decision of the head of the institution or of the research and development unit, issued on the basis of the communication of the state authority for research and development. ... (6) The confirmation or refutation of the competition decision for the awarding of IDT I and IDT II grades shall be made by the state authority for research and development. ... + Article 18 (1) The professional degree, once granted, belongs to the titular person for the respective research and development field and constitutes personal title of which he can make use in all cases involving the image or personal rights. ... (2) For the attested personnel, the professional grades CS I, CS II, CS III in the field of scientific research, namely IDT I, IDT II and IDT III in the field of technological development, for which they were acquired, are recognized in any institution or establishment in which activities are carried out in those areas. ... (3) Apart from the actual granting process, the professional degree is maintained independently of the occupation or not of a post in research and development of a particular category. ... + Article 19 The functions and degrees of research and development previously acquired are equivalent to the functions corresponding to the respective professional research and development degrees, established by this law, and the equivalence is made by order of the ruler state authority for research and development. + Article 20 The management and scientific coordination functions in the research and development institutions or units, which are fulfilled by the research and development personnel provided in art. 6 lit. a), may be: A. Leadership functions: a) Managing Director or Director; ... b) Scientific Director; ... c) technical director; ... d) Scientific Secretary; ... e) Head of Research and Development compartment. ... B. Scientific coordination functions: a) director of research and development program; ... b) project director research and development; ... c) head of research and development program; ... d) Head of research and development project. ... + Article 21 (1) The management functions in the research and development activity shall be handled by competition. ... (2) The specific management functions in the institutions or research and development units provided for in art. 20 deals, under the law, by the staff who meet the following minimum conditions: ... a) for general manager or director, at least CS II, who has and attested for management in research and development; ... b) for scientific director, at least CS II; ... c) for technical director or scientific secretary, at least CS II at the level of research and development institutes or at least CS III at the level of resorts or other structures; ... d) for the other specific management functions provided for in art. 20, research and development personnel starting from the position of CS III or IDT III. ... + Article 22 Scientific researchers can function as teaching staff in higher education institutions on equivalent functions, in compliance with the provisions Law no. 128/1997 on the status of teaching staff, with subsequent amendments and completions. + Chapter IV Rights and obligations + Article 23 The categories of staff provided in art. 6 lit. a) and b) benefit, in addition to the rights provided by law for the staff employed, and by the following rights: a) to have access to the sources of information and documentation necessary for the research and development projects in which they participate, in compliance with the rules of use and publication; ... b) to participate in the elaboration of the scientific research and technological development strategy; ... c) to participate in scientific events with communications from the results of the research and development activity and to publish scientific works, under the law, with the support of the institution or unit, within the limits of financial resources; ... d) to patent the results of the research, under the law, with the support of the institution or unit, within the limits of financial resources; ... e) to be recognized as authors or co-authors of a scientific approach and to be rewarded according to the legislation in the field; ... f) to be supported by the institution or by the establishment, in order to improve their professional training, according to the law; ... g) to be part of professional associations, companies and scientific, national and international organizations, without through the activity carried out in these bodies to conflict of interests with the unit where they provide the basic activity; ... h) to be recognized and stimulated performance in the field of research-development through: awards, gratification, titles, diplomas, as well as other ways; ... i) to participate in competitions for the financing of own scientific activity, from budgetary or private funds, under the law; ... j) to participate as an expert, reviewer, member in evaluation committees, consultant and the like, at the request of other institutions or economic agents, without entering into conflict of interest with the institution or unit where they provide the basic activity and to be remunerated for the work done; ... k) to be able to obtain an uncapped monthly income, if at the same time as the execution of funds financed from funds from the state budget also runs projects financed from international programs to which Romania pays the contribution, as well as if the project leads, during execution and after completion, to technological transfers or capitals; ... l) to obtain an uncapped monthly income, resulting from the execution of domestic and international projects; ... m) to carry out activities, by cumulation, on research, education or research valorization in accordance with the provisions of the laws in the field; they may be exercised inside or outside the institution or research unit in which are classified, in compliance with art. 24 lit. c); ... n) to benefit, under the law, from bonuses to the basic salary, namely: doctorate, fidelity, confidentiality and other bonuses provided by law or in collective agreements; ... o) to refuse motivated, for moral and ethical reasons, to participate in scientific research that has a negative impact on the human being and on the natural environment; ... p) to request and to obtain with priority approval to occupy a post of lower grade to the acquired one, if it is in self-interest. ... + Article 24 The categories of staff provided in art. 6 lit. a) and b) have, in addition to the obligations provided by law for staff assigned to work, and the following obligations: a) to respect the ethics and deontology of the research and development activity; ... b) respect the intellectual property rights and confidentiality agreed with the collaborators and the research funders; ... c) not to create conflict of interest or unfair competition in the case of cumulation of activities, carried out under the law; ... d) to participate in the training of young researchers and to convey their own knowledge and experience in the research and development work; ... e) to use the technical-scientific and other resources of the institution or of the unit exclusively for professional activities in the interest of the institution or of the employing unit; ... f) participate in the evaluation of the research and development activity, as well as of its own results; ... g) to participate in competitions for the international programs of the European Community or for the programs resulting from the international bilateral cooperation agreements to which Romania is a party; ... h) to carry out scientific, technological or innovation activity without infringing human rights and freedoms; ... i) to continuously develop scientific and technical knowledge and to contribute to the dissemination of scientific and technical information and culture, as well as to public awareness and decision-makers on the role of science and technology; ... j) to participate in the application, under the law, of the results of own research and development activity. ... + Article 25 (1) At the end of the activity in the institution or establishment, the research and development staff may not use the scientific and technical results that were obtained in the establishment in the framework of works financed by public funds, for a duration of at least 5 years without the financier's consent. ... (2) Failure to comply with the commitment referred to in (1) constitutes a contravention and is sanctioned with a fine equivalent to 20 salaries of CS I, at the maximum graduation. ... (3) The payment of the fine does not exonerate the offenders from the payment of damages. ... (4) Contraventia shall be found and the corresponding fine shall be applied by the representative of the state authority for research and development under whose authority the damage research and development unit is located. ... (5) Contraventions provided in par. (2) the provisions applicable Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended. ... + Chapter V Training and training of R & D personnel + Article 26 The professional improvement of the research and development personnel is carried out mainly through the following forms: a) PhD; ... b) continuous training programmes; ... c) programs of documentation and exchanges of experience at national and international level; ... d) interdisciplinary programs of specialization and cooperation, at national and international level; ... e) postgraduate education, organized according to the law; ... f) refresher scholarships and training and documentation internships carried out in the country or abroad; ... g) scientific events in the country or abroad. ... + Article 27 In order to support training and mobility of research and development staff, the state authority for research and development and principal authorising officers who finance research and development activities can set up, under the conditions. law, training centers for research and development staff, as well as other fields. + Article 28 Staff with management positions are obliged to improve in the field of management for research and development. For the occupation of management positions and maintenance in these positions, which also involve administrative responsibility, training and improvement internships in the field of research and development are organized. + Article 29 The funding of continuing vocational training activities shall be provided from the funds provided with this destination in the revenue and expenditure budgets of the institutions or research and development units, as well as in the training programmes Professionally funded by domestic and international sources. + Article 30 The research and development staff who follow a form of specialization in the country or abroad are obliged to commit, in writing, that he will work within the unit between 1 year and 5 years, in proportion to the costs and duration of the specialization. In case of non-compliance with this commitment for reasons attributable to the employee, he will bear the value of the specialization. + Chapter VI Mobility of R & D personnel + Article 31 The state authority for research and development and the main authorising officers who finance research and development activities ensure the regulatory framework compatible with the European and global space of research-development, for access researchers to technical and scientific heritage, under the law, and to ensure attractive working conditions. + Article 32 (1) In the institutions and in the research and development units, students can be included to work in collective specialists from the respective units. ... (2) The institutions and research and development units may grant scholarships to the students of the last two years. The payment of these scholarships will be subject to the obligation of graduates to engage, for a fixed period, by the commitment concluded in the form of a contract, in the financing research and development unit. The amount of scholarships will cover study expenses. ... + Article 33 (1) The Romanian Academy, the branch academies, the higher education institutes and the national research and development institutes can propose to the state authority for research and development the establishment, for specified periods, of mixed centers or collective of specialists, for the realization of branch or sectoral strategies until their completion. The procedure for the establishment and operation of the mixed specialists ' centers and collectives shall be established by order of the head of the state authority for research and development. ... (2) The centers or mixed collectives provided in par. (1) shall use in common the financial means and materials available to it, for the purposes of rational management of the human research potential. ... + Article 34 For the completion and development of human potential engaged in research and development, in the programs of higher education institutions will be included activities to prepare and stimulate the employment of young people in institutions or in units of research and development. + Chapter VII Transitional and final provisions + Article 35 (1) The research and development staff attested, which returns to the research and development activity after leaving it for reasons that are not attributable to it, falls within the previously acquired scientific degree. ... (2) The scientifically attested personnel may exercise by the cumulation of functions activities in research and development, education and/or production, under the conditions provided by law. ... (3) Benefit from the reservation of the post and may exercise cumulated research and development activities, to the scientific degree acquired, the persons elected to the Parliament, appointed to the Government or who perform specific specialized functions in the apparatus Parliament, the Presidential Administration and the central public administration or its decentralized public services, as well as those elected or appointed by Parliament in other bodies and central bodies of the state, as well as those elected to head the Romanian Academy. ... + Article 36 (1) Scientific researchers first degree retired may carry out, under the law, research and development activities, salarized by cumulation or by hourly payment. ... (2) On request, scientific researchers grade I can continue to be held in research and development positions, after reaching the statutory retirement age, with the annual approval of the scientific council. ... (3) University teaching staff may function as research staff associated in their institutions, units or research-development structures, with participation in the management and execution of programs and projects of research and development, as well as capitalizing on their results. ... (4) The university teaching staff may conclude contracts or conventions of scientific cooperation and technological development for the duration determined with their institutions, units or research and development structures, in order to participate at the coordination and execution of programs and research and development projects in the National Plan or sectoral research and development plans. ... + Article 37 Romanian citizens who have worked abroad in research and development are fully equivalent, on request, to the seniority in the specialty, based on the documents attesting this. + Article 38 Within 6 months from the entry into force of this law, the state authority for research and development will develop the Code of ethics and professional deontology of the research and development staff, which is approved by Government decision. This law was passed by the Senate at the meeting of June 12, 2003, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at the meeting of June 17, 2003, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC Bucharest, July 8, 2003. No. 319. ------------
