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Law No. 495 Of 12 November 2004

Original Language Title:  LEGE nr. 495 din 12 noiembrie 2004

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LEGE no. 495 495 of 12 November 2004 (* updated *) on the salary and other money rights of the personnel of the central administration of the Ministry of Foreign Affairs and from the diplomatic missions, consular offices and Romanian cultural institutes abroad ((updated until 1 January 2011 *)
ISSUER PARLIAMENT




---------------- *) The updated form of this normative act until January 1, 2011 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all the changes and additions made by: ORDINANCE no. 14 14 of 27 January 2005 ; EMERGENCY ORDINANCE no. 204 204 of 22 December 2005 ; ORDINANCE no. 29 29 of 26 January 2006 ; LAW no. 153 153 of 15 May 2006 ; ORDINANCE no. 63 63 of 30 August 2006 ; LAW no. 2 2 of 9 January 2007 ; ORDINANCE no. 16 16 of 31 January 2007 ; EMERGENCY ORDINANCE no. 10 10 of 20 February 2007 rejected by LAW no. 175 175 of 12 June 2007 ; LAW no. 334 334 of 3 December 2007 ; EMERGENCY ORDINANCE no. 140 140 of 6 December 2007 ; EMERGENCY ORDINANCE no. 35 35 of 11 April 2009 ; LAW-Framework no. 330 330 of 5 November 2009 ; LAW-Framework no. 284 284 of 28 December 2010 . The content of this act is not an official document, being intended to inform users **) NOTE C.T.C.E. S.A. Piatra-Neamt: According to 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 of 9 November 2009, on the date of entry into force of this Law (n.n. 1 January 2010) is repealed Law no. 495/2004 on the salary and other money rights of the personnel of the central administration of the Ministry of Foreign Affairs and from the diplomatic missions, consular offices and Romanian cultural institutes abroad, published in the Gazette Official of Romania, Part I, no. 1.136 of December 1, 2004, with subsequent amendments and completions, except art. 6, 15, 17, 20, 21, 22, 23, 24, 28, 29, 30, 31 ^ 1, 31 ^ 2, 36, 42, 43, 44, 45, 47, 48, 49, 50, 51, 52, 53, 54, 58, 59, 60, 61, 62, 63, 64, 65, 66 and Annex no. 5 5 ^ 1. Also, starting with the same date, according to section 18 18 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 of 9 November 2009, the date of entry into force of this Law shall be repealed Government Ordinance no. 16/2007 on the salary increases that will be granted in 2007 to the right salarized staff Law no. 495/2004 on the salary and other money rights of the personnel of the central administration of the Ministry of Foreign Affairs and from the diplomatic missions, consular offices and Romanian cultural institutes abroad, published in the Gazette Official of Romania, Part I, no. 81 of 1 February 2007, approved by Law no. 218/2007 . The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 Repealed. -------------- Article 1 has been repealed by point (a). 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 2 Repealed. -------------- Article 2 was repealed by point (a). 10 10 of para. ((1) art. 48, Cap. VI of the Framework 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). 10 10 of para. ((1) art. 48, Cap. VI of the Framework 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). 10 10 of para. ((1) art. 48, Cap. VI of the Framework 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) 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 6 In addition to the rights provided for in 5, the sending units bear the cost of transport in international traffic, expenses of rent, maintenance and endowment of the home abroad, the cost of health insurance, as well as medical expenses for cases and in the conditions established by the legislation in force, the allowance for holiday in lei or in foreign currency, as the case may be, the first holiday in lei and the cost of staying at the hotel for the heads of diplomatic missions that do not have a home in Bucharest, on the period of arrival in the country for work. + Article 7 Repealed. -------------- Article 7 was repealed by point (a). 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Chapter II Salarization and other personnel rights in the central administration of the Ministry of Foreign Affairs + Section 1 Salarization + Article 8 Repealed. -------------- Article 8 was repealed by point (a). 10 10 of para. ((1) art. 48, Cap. VI of the Framework 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). 10 10 of para. ((1) art. 48, Cap. VI of the Framework 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) 10 10 of para. ((1) art. 48, Cap. VI of the Framework 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). 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 11 ^ 1 Repealed. -------------- Article 11 ^ 1 has been repealed by point (a). 10 10 of para. ((1) art. 48, Cap. VI of the Framework 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) 10 10 of para. ((1) art. 48, Cap. VI of the Framework 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) 10 10 of para. ((1) art. 48, Cap. VI of the Framework 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). 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 15 (1) The members of the diplomatic and consular corps of Romania who are delegated, seconded or temporarily passed to another position shall keep their monthly gross employment salary and the other rights provided by law. If the posting or temporary transition to another activity is made at a function at which a higher base salary is established, members of the diplomatic and consular Corps seconded or temporarily passed to another position benefit from this salary and other rights that are granted to the staff of the respective workplace. If the temporary transition to another activity is of a disciplinary sanction, the provisions of this paragraph shall not apply. ((. The rights to be granted during secondment or temporary passage to another function shall be borne by the institutions in which the person concerned operates. + Article 16 Repealed. -------------- Article 16 has been repealed by point (a) 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 17 (1) Members of the diplomatic and consular corps of Romania may be temporarily appointed to a vacant management position, only until its occupation, by competition, according to the law. (2) During this period, the members of the diplomatic and consular staff, appointed under the conditions provided in par. ((1), shall benefit from the basic salary of the execution function in which they are assigned and the allowance corresponding to the driving position they take over. + Section 2 Other monetary rights + Article 18 Repealed. -------------- Article 18 has been repealed by point (a) 10 10 of para. ((1) art. 48, Cap. VI of the Framework 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) 4 4 of art. 49, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 20 (1) The members of the diplomatic and consular corps of Romania are entitled to annual, paid, 30 working days and other holidays, under the law. (2) When determining the holiday allowance, in addition to the basic salary, the bonuses benefiting, according to the law, the members of the diplomatic and consular corps of Romania, in the month of departure on holidays, will be taken into account. + Article 21 ((1) Abrogat. --------------- Alin. ((1) of art. 21 21 has been repealed by the letter j) art. 39, Cap. IV of the Framework LAW no. 284 284 of 28 December 2010 , published in MONITORUL OFFICIAL no. 877 877 of 28 December 2010. ((2) Abrogat. --------------- Alin. ((2) of art. 21 21 has been repealed by the letter j) art. 39, Cap. IV of the Framework LAW no. 284 284 of 28 December 2010 , published in MONITORUL OFFICIAL no. 877 877 of 28 December 2010. (3) Members of the diplomatic and consular corps of Romania who, during the calendar year, have not carried out the rest leave, in whole or in part, can perform it in the following year, under the law. (4) Members of the diplomatic and consular corps of Romania whose employment relations have ceased, as well as the heirs of those who died before the rest leave benefit from the cash compensation of the holiday unperformed, calculated according to art. 20 20 para. (2) of the month in which the termination of the employment relationship took place, namely the death, corresponding to the period worked. + Article 22 Outside the rest leave, the members of the diplomatic and consular corps of Romania are entitled, under the law, to paid leave days, in the case of the following special family events: a) marriage-5 working days; b) birth or marriage of a child-3 working days; c) the death of the spouse or a relative or afin up to the third degree or his/her spouse, including-3 working days; -------------- Lit. c) of art. 22 22 has been amended by section 4.2 3 3 of art. I of ORDINANCE no. 63 63 of 30 August 2006 , published in MONITORUL OFFICIAL no. 747 747 of 1 September 2006. d) annual medical examination-3 working days. -------------- Lit. d) a art. 22 22 has been amended by section 4.2 2 2 of the single article of LAW no. 2 2 of 9 January 2007 , published in MONITORUL OFFICIAL no. 28 28 of 16 January 2007, amending section 4 4 of art. I of ORDINANCE no. 63 63 of 30 August 2006 , published in MONITORUL OFFICIAL no. 747 747 of 1 September 2006. + Article 23 (1) The members of the Diplomatic and Consular Corps of Romania are entitled to leave of studies for the support of postgraduate exams and exams or doctoral thesis, if they do not benefit from doctoral scholarships. ((. The study leave shall be granted for a maximum period of 30 working days annually. (3) The study leave shall be paid if the Ministry of Foreign Affairs considers that the studies are useful and if the diplomat undertakes in writing that he will work at least 3 years in the ministry. In case of non-compliance with this commitment, it will refund the amounts it benefited from, in proportion to the time remaining until the 3-year term. (4) During the period of the study leave, the basic salary corresponding to the position held and, as the case may be, the increase of seniority + Article 24 Members of the diplomatic and consular corps shall be entitled to leave without payment, granted for personal interests, for durations established with the agreement of the parties. + Article 25 Repealed. ------------ Article 25 was repealed by point (a). 10 10 of para. ((1) art. 48, Cap. VI of the Framework 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). 10 10 of para. ((1) art. 48, Cap. VI of the Framework 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). 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 28 (1) While taking courses or other forms of training abroad, for a duration exceeding 90 calendar days, the members of the diplomatic and consular corps of Romania shall be suspended their employment relations and benefit from an allowance monthly of 500 lei to cover the maintenance expenses of the home, if they do not realize rental income. The allowance is updated by Government decision. ---------------- Alin. ((1) of art. 28 28 has been amended by section 2 2 of art. I of LAW no. 334 334 of 3 December 2007 , published in MONITORUL OFFICIAL no. 828 828 of 4 December 2007. (2) The sending units shall bear, for the persons referred to in par. (1), the social security contributions provided by law, due both to the employer and to the employee, in relation to the salary rights corresponding to the employment function. (3) During the participation in courses or other forms of training in the country or abroad, which do not exceed 90 calendar days, the members of the diplomatic and consular corps of Romania benefit from the salary rights. + Article 29 (1) Persons posted in the Ministry of Foreign Affairs shall be granted, during the period of secondment, the degree and diplomatic function, by assimilating the seniority in positions with higher education with the seniority provided for the diplomatic or consular degrees of The status of the diplomatic and consular corps of Romania. (2) Persons posted in the Ministry of Foreign Affairs, who acquire the membership of the diplomatic and consular corps of Romania, during the period of posting will be salarized under the conditions of this law, except for the categories of personnel who, according to special laws, benefit from more advantageous salary rights. -------------- Alin. ((2) of art. 29 29 has been amended by section 6 6 of art. I of ORDINANCE no. 63 63 of 30 August 2006 , published in MONITORUL OFFICIAL no. 747 747 of 1 September 2006. + Article 30 (1) In the Ministry of Foreign Affairs, the members of the diplomatic and consular corps of Romania residing in other localities in the country than Bucharest benefit, in the first year of activity after completing their studies, of a installation allowance equal to a basic salary corresponding to the position in which they are to be assigned, according to the law. (2) Members of the diplomatic and consular corps of Romania, who received the installation allowance and who subsequently resigned or ceased employment for reasons attributable to them, before the end of a year after installation, will refund, under the law, the allowance received, calculated in proportion to the remaining period until the expiry of the one-year period. + Article 31 Repealed. ------------ Article 31 has been repealed by point (a). 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 31 ^ 1 (1) The members of the diplomatic and consular corps of Romania benefit, annually, from an allowance of representation in lei, for the purchase of personal effects, the amount of which is at the level of the basic salary corresponding to the employment function. (2) The conditions for granting the representation allowance shall be established by order of the Minister of Foreign Affairs. ---------------- Art. 31 ^ 1 was introduced by item 1. 3 3 of art. I of LAW no. 334 334 of 3 December 2007 , published in MONITORUL OFFICIAL no. 828 828 of 4 December 2007. + Article 31 ^ 2 (1) Members of the diplomatic and consular corps of Romania who do not own a dwelling in the property and who were not able to provide a service or intervention dwelling in Bucharest are entitled to compensate the difference between the rent that would be established for a service home, according to the law, and the rent paid on the basis of a lease concluded under the law. This right has no salary character and is not taxed. The compensation is not granted if the lease is concluded with relatives of first or second degree and if the members of the diplomatic and consular Corps of Romania have alienated a home in the locality where they carry out the activity, after the date of appointment. (2) The conditions under which the compensation is granted and the monthly and annual ceiling within which the rent can be settled shall be established by order of the Minister of Foreign Affairs. ---------------- Article 31 ^ 2 has been introduced by item 3 3 of art. I of LAW no. 334 334 of 3 December 2007 , published in MONITORUL OFFICIAL no. 828 828 of 4 December 2007. + Article 32 Repealed. ------------ Article 32 has been repealed by point (a) 10 10 of para. ((1) art. 48, Cap. VI of the Framework 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) 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Chapter III Salarization in foreign currency and other rights in foreign currency and in lei of personnel sent on permanent mission abroad + Section 1 Wages and other rights in foreign currency A. Salaries + Article 34 Repealed. ------------ Article 34 has been repealed by point (a) 10 10 of para. ((1) art. 48, Cap. VI of the Framework 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) 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 36 The value of the ranking coefficient 1.00 provided in art. 34 34 para. (2) shall be updated periodically by Government decision, taking into account the increase in the cost of living in the country in which the staff operates or other objective conditions. B. Monthly allowance in foreign currency + Article 37 Repealed. ------------ Article 37 has been repealed by point (a) 10 10 of para. ((1) art. 48, Cap. VI of the Framework 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). 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. C. Repealed. ------------ Letter C, Section 1 of Cap. III, containing art. 39 39, has been repealed by section 6.6. 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 39 Repealed. ------------ Article 39 of point C of Section 1 of the Cap. III was repealed by section III. 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. D. Repealed. -------------- Letter D, Section One of the Head. III, containing art. 40 40, has been repealed by section 6.6. 9 9 of art. I of ORDINANCE no. 63 63 of 30 August 2006 , published in MONITORUL OFFICIAL no. 747 747 of 1 September 2006. + Article 40 Repealed. ------------ Art. 40 of letter C, Section 1 of the Cap. III was repealed by section III. 10 10 of para. ((1) art. 48, Cap. VI of the Framework 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. III has been repealed by section III. 10 10 of para. ((1) art. 48, Cap. VI of the Framework 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). 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Chapter IV Other rights A. During the period of preparation and training in the country + Article 42 (1) The sending units shall be obliged to ensure the proper training of the personnel before departure to the post abroad, as well as the training, on the occasion of the arrival in the country in order to carry out the holiday. (2) The periods of preparation, by category of functions, shall be determined by the sending units, taking into account the specificity of the activity, as well as whether or not the person concerned has been at the post abroad, without exceeding 60 days calendar, for ambassadors, and 30 calendar days, for the rest of the staff. (3) During the period of preparation and training in order to send on a permanent mission abroad, the staff shall benefit from the basic salary in lei corresponding to the position on which it is classified in the country, plus the increase of seniority, according to the law, and, as the case may be, the increase for the scientific title of doctor and the privacy increase (4) During the period of preparation and training, on the occasion of coming to the country in order to carry out the holiday or for work, the staff benefit from the basic salary in lei corresponding to the position on which it is classified in the country, of seniority and, as the case may be, of the increase for the scientific title of doctor. B. During the holiday period + Article 43 (1) The personnel on a permanent mission abroad are entitled to annual leave of rest, as well as to additional holidays for the climate difficult to bear, under the law, which is scheduled on the same date. (2) If the holiday is carried out in the country, the leave allowance shall be established and paid in lei, in accordance with the provisions of art. 20 20 and 21. (. At the request of the employee, annual leave may be effected only with the approval of the sending unit, provided that one of the factions is at least 15 working days. (4) If the holiday is carried out abroad, at the request of the person concerned, the leave allowance shall be established and paid in foreign currency, according to Annex no. 4. In this situation, the sending units will no longer bear any other expenses related to making the leave in that year, neither for the staff concerned nor for its dependent family members abroad, in conditions of this law ---------------- Alin. ((4) of art. 43 43 has been amended by section 6 6 of art. I of LAW no. 334 334 of 3 December 2007 , published in MONITORUL OFFICIAL no. 828 828 of 4 December 2007. ((5) The payment of the foreign currency leave allowance may be made only if the transport expenses for coming to the country and for the return to the post of the staff and its family members in permanent maintenance abroad, under the conditions of this law, are higher than the due allowance, established at the level of the monthly salary of framing in foreign currency. + Article 44 (1) The sending units will be able to allow the departure of the staff to the post abroad only after he has completed his/her holiday for the current calendar year. (2) Provisions of para. (1) shall not apply to the heads of diplomatic missions, in particular cases established by the Ministry of Foreign Affairs. (3) In the year of the conclusion of the mission abroad, the rest leave for that year shall be made after the end of the mission, with the payment of the allowance and the premium of leave in lei, + Article 45 ((1) The heads of diplomatic missions, consular offices and Romanian cultural institutes abroad are obliged to take the necessary measures that, during the period of the holiday, the duties of the respective personnel should be taken over by other staff working on these representations, which has the necessary training and meets the conditions provided by law, without the payment of additional salary rights. (2) The sending units that have abroad a single representative, during the rest of his holiday, may send a replacement, with the support of the expenses, under the conditions of this law. C. Repealed. ------------ Letter C, from Cap. IV, containing art. 46 46 has been repealed by section 6.6. 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 46 Repealed. ------------ Article 46 of letter C, of Cap. IV has been repealed by section IV. 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. D. During the period of sick leave abroad + Article 47 (1) Staff sent on a permanent mission abroad, in temporary incapacity to work due to illness, accident, prenatal leave, postnatal leave, maternity leave, parental leave of up to at 2 years, respectively 3 years in the case of the disabled child, leave for the care of the sick child, as well as in case of quarantine, is entitled to allowance in lei, according to the legal provisions. (2) During the period of sick leave, staff are also entitled to full foreign currency allowances for their spouse and dependent children abroad, only if, by bringing them into the country, their distance transport expenses return are superior to these allowances. + Article 48 The sending units are obliged to take measures that the departure of the staff on permanent mission abroad should be done only on the basis of a medical examination, under the conditions established by the Ministry of Health, showing that the state of health it allows the activity in those countries to take place They are subject to this medical examination and family members who accompany the permanent staff abroad, under the conditions of this law. + Article 49 (1) During the period during which they operate at the diplomatic missions, consular offices and cultural institutes, the staff sent on a permanent mission abroad and the accompanying family members shall receive medical assistance, compulsory insurance base, supported by the sending unit. -------------- Alin. ((1) of art. 49 49 has been amended by section 10 10 of art. I of ORDINANCE no. 63 63 of 30 August 2006 , published in MONITORUL OFFICIAL no. 747 747 of 1 September 2006. (1 ^ 1) The amount and conditions of compulsory insurance, as well as the settlement of medical expenses shall be established by order of the head of the sending institution, with the classification in the budgetary allocations approved with this destination to the institutions Sending. -------------- Alin. ((1 ^ 1) of art. 49 49 has been introduced by section 11 11 of art. I of ORDINANCE no. 63 63 of 30 August 2006 , published in MONITORUL OFFICIAL no. 747 747 of 1 September 2006. (2) If the contracts provided for in par. ((1), the sending unit shall bear, under the conditions and in the cases established by the Ministry of Health, the medical expenses for the respective personnel, as well as for its family members in permanent maintenance abroad, concerning: a) mandatory preventive vaccines specific to each country, as well as mandatory prophylactic vaccines; b) consultations, pre-and postnatal analyses, in case of emergency, for mothers, as well as for newborns; c) consultations, hospitalization, including births, surgical interventions, analyses and medicines, only in case of emergency; hospital admission abroad for births is done only with the approval of the management of the sending units. (3) In addition to the medical expenses provided in par. ((1) and (2), the sending units shall bear, for the personnel sent on a permanent mission, as well as for their family members who are in constant maintenance abroad, under the conditions of this law, the expenses related to the death abroad, as well as for bringing the deceased into the country. E. Expenditure on staff transport + Article 50 ((1) The expenses for international transport of personnel sent on a permanent mission abroad, including its internal section, as well as of family members in permanent maintenance abroad, under the conditions the present law, shall be borne by the sending units, in the following cases: a) when leaving for the mission and the final arrival in the country; b) for trips for work, in the country and abroad; c) for the making in the country of the holiday on the calendar year, except for the years in which the departure and, respectively, the final return from the post, correlated with the provisions of art. 43 43 para. ((4). ---------------- Lit. c) a par. ((1) of art. 50 50 has been amended by section 4.2 7 7 of art. I of LAW no. 334 334 of 3 December 2007 , published in MONITORUL OFFICIAL no. 828 828 of 4 December 2007. d) for sick leave and births in the country; e) for the movement of the entire family into the country, in case of death of a child or of the aflata/spouse in the country and only for the movement of one of the spouses in case of death of a parent, brother or sister; f) in cases of force majeure or in any other duly substantiated cases which could not be foreseen, with the approval of the head of the sending institution. -------------- Lit. f) a par. ((1) of art. 50 50 has been amended by section 4.2 12 12 of art. I of ORDINANCE no. 63 63 of 30 August 2006 , published in MONITORUL OFFICIAL no. 747 747 of 1 September 2006. ((2) The expenses for the international return transport of the family members remaining in the country shall be borne by the sending units, in the following cases: a) once a year, for children up to 18 years old and 25 years old, if they follow university studies, located in the country, to visit their parent/parents at the post. The sending unit shall not bear the expenses related to the visit for children whose parents on assignment have been deprived of their rights on the basis of a judicial decision; b) once a year, for the wife/husband remained/remained in the country, to visit her husband/wife at the post abroad. (3) The sending units shall not bear the expenses provided in par. ((2) in the year in which the staff departs to the post, as well as the year in which he completes his mission. + Article 51 (1) The head of mission, the spouse and minor children who accompany them and are in permanent maintenance at the mission have the right to travel by plane to business class or to another class equivalent to it, as well as by train to the sleeping wagon, the cabin for a single person, on the occasion of the presentation at the post abroad, of the return to the country at the end of the mission, as well as in other situations where the protocol grounds require it. ((2) The other categories of personnel sent on a permanent mission abroad and their family members in permanent maintenance abroad, under the conditions of this law, have the right to travel by plane to the economic class or with First class train, with a sleeping car. + Article 52 (1) Staff sent on a permanent mission abroad may travel, individually or together with their family members, with the prior approval of the management of the sending units, and with auto means, with the bearing of expenses by the sending units, within the distances and durations set out in Annex no. 5, regardless of the route followed. (2) In the case of transport by car, the sending units shall bear, on the basis of supporting documents, the amounts necessary for the payment of fuel, road taxes, transhipment or the like, as well as accommodation expenses, in the law. ((3) Amounts in foreign currency due during transport by car, upon departure or at the final arrival in the country or for trips in the interest of the service, plus the salary and other rights in foreign currency, calculated under the conditions the present law, cannot exceed the estimated expenses related to the plane travel to the economic class, under the law. (4) If the movement with auto means takes place to carry out the holiday in the country, the days that exceed the duration of the plane transport are considered as part of the leave. F. Expenses for transporting personal luggage + Article 53 (1) The sending units shall bear the cost of transporting the baggage of the personnel sent on a permanent mission abroad, for the following maximum quantities per family, differentiated in relation to the ranking coefficients of the framing function, according to the nomenclature set out in Annex 4 4, as follows: a) 250 kg-the staff provided for coefficients up to and including 2,0; b) 300 kg-the staff provided for the coefficients between 2.1-4,20 inclusive; c) 350 kg-Heads of Mission. (2) If both spouses are employed at the same representative, the sending unit shall bear the expenses related to the transport of the family baggage in the quantity provided for the personnel assigned to the higher coefficient. (3) The settlement of the expenses made is based on supporting documents, under the law, within the limits of the tariffs charged by the companies that carry out the transport by plane, as unaccompanied baggage. (4) If the personnel carry the luggage in other conditions or with other means of transport, the expenses incurred shall be settled within the limits of the resulting amounts, according to the provisions of par. ((1) and (3). (5) In the quantities of personal luggage provided in par. (1) the weight of the packages shall also be included and the luggage to which the travel tickets entitle shall be included. (6) Any other expenses regarding the transport of luggage (handling, storage fees, insurance, etc.), other than those resulting from the application of tariffs under the conditions of this law, shall be borne by the staff concerned. + Article 54 Expenses provided for in art. 53 53 is supported in the following cases: a) on the occasion of the final departure and coming to and from the post; b) on the occasion of the move in the interest of the service in the country of residence or in another foreign country. G. Staff rights as long as he is away from the post I. Repealed ------------ Head. I, out of Cap. IV, containing art. 46 46 has been repealed by section 6.6. 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 55 Repealed. ------------ Art. 55 from Cap. I al lit. G of Cap. IV has been repealed by section IV. 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 56 Repealed. ------------ Art. 56 from Cap. I al lit. G of Cap. IV has been repealed by section IV. 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 57 Repealed. ------------ Art. 57 from Cap. I al lit. G of Cap. IV has been repealed by section IV. 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. II. For personal interest + Article 58 (1) During the trip to the country or abroad, for personal interest, including for the support of exams, if this trip does not overlap with the period of rest leave for that year, the staff is considered on unpaid leave and does not benefit from any kind of right in foreign currency or in lei for him and for family members. (2) During the period when the family members of the staff, who are in permanent maintenance abroad, move on their own outside the country of residence, the employee staff no longer benefit from the foreign currency rights for the members of Family, under the present law. (3) If the movement on its own account of the aflata/spouse in permanent maintenance abroad takes place in the country, the staff benefit from rights in lei, under the conditions of this law. H. Living space abroad + Article 59 Staff sent on a permanent mission abroad and to its family members on permanent maintenance, under the conditions of this law, are provided with living space, as well as the corresponding endowment, according to the function fulfilled, holding account of the specificity of the activity and the climate conditions in each country, with the support of the rent and maintenance expenses by the sending units. + Chapter V Transitional and final provisions + Article 60 (1) The duration of the permanent mission abroad, as well as the personnel structure for each diplomatic mission, consular office and Romanian cultural institute abroad shall be approved by the management of the units Sending. ((2) If the initial duration of the mission is less than one year, the sending units shall bear the allowances in lei and in foreign currency, as well as the transport expenses, under the conditions established by this law, only for the person sent in abroad during that period. The expenses for unaccompanied baggage shall be borne for half of the quantities and under the conditions provided for in 53. + Article 61 (1) The personnel sent on a permanent mission abroad shall apply, during the period in which they operate at the diplomatic missions, consular offices and Romanian cultural institutes abroad, the salary increases applied to salaries of framing in lei, in the country. (2) The sending units shall bear in full the contributions provided by law for the employee and for the employer, calculated in relation to the salary rights corresponding to the office on which the staff is assigned to the country, according to the legislation (3) Where the employee has and the nationality of the State of residence and the local legislation of that State is applicable to the employment relationship, the sending units shall bear in full the contributions provided by the local law to the employer, calculated in relation to salary rights, and grants, as the case may be, mandatory rights due to employees, according to local legislation. -------------- Alin. ((3) of art. 61 61 has been introduced by section 13 13 of art. I of ORDINANCE no. 63 63 of 30 August 2006 , published in MONITORUL OFFICIAL no. 747 747 of 1 September 2006. + Article 62 (1) The spouse accompanying the staff sent on a permanent mission abroad and to whom the employment relationship or service relations is suspended during that period shall benefit from the contribution period useful to the establishment of the pension, with payment by the sending unit of the contribution to the public pension system, at the level of the last salary before the departure. The monthly basis for calculating the contribution cannot exceed the ceiling of three gross minimum basic salaries per country. ((2) At the end of the permanent mission of the staff, the spouse who accompanied him to the post has the right to request the reintegration to the public authority or institution, the autonomous direction or the national society to which it was framed/framed. Reintegration shall be granted by the applicant. (3) If the reintegration of the spouse is not possible within 90 calendar days from the date of the end of the mission, the employee of the sending unit shall receive a monthly support allowance, at the level of the minimum gross basic salary per country, guaranteed in payment, for a maximum period of 6 months. + Article 63 Members of the diplomatic and consular corps of Romania and those who perform specific execution functions, provided for in this law, in activity on the date of its entry into force, shall be deemed to meet the legal conditions for the function in which they are assigned. + Article 64 The salary rights of the special representatives of the Romanian state, sent on permanent or temporary missions abroad, are established by Government decision. + Article 65 In so far as this law does not stipulate otherwise, its provisions shall be supplemented by the other provisions of the special normative acts relating to the rights and obligations of the personnel sent on permanent mission abroad by ministries and other bodies and specialized institutions of the central public administration. + Article 66 The members of the diplomatic and consular corps of Romania benefit in the country from the money rights provided in the normative acts on the diplomatic and consular corps of Romania and those regarding the civil servant. + Article 67 Repealed. ------------ Article 67 was repealed by point (a). 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Article 68 Repealed. ------------ Article 68 was repealed by point (a). 10 10 of para. ((1) art. 48, Cap. VI of the Framework 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 Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, November 12, 2004. No. 495. + Annex 1 Repealed ------------ Annex 1 has been repealed by section 6.6. 10 10 of para. ((1) art. 48, Cap. VI of the Framework 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. 10 10 of para. ((1) art. 48, Cap. VI of the Framework 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. 10 10 of para. ((1) art. 48, Cap. VI of the Framework 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. 10 10 of para. ((1) art. 48, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. + Annex 5 TABLE including routes *), distances and estimated duration of transport with cars to and from the official representations of Romania abroad ------------------------------------------------------------------------------- Duration No. -Day -- crt. Distance Route ((km) Roadmap internal external ------------------------------------------------------------------------------- 1. Budapest-Oradea-Bucharest 890-1 ------------------------------------------------------------------------------- 2. Prague-Budapest-Oradea-Bucharest 1.460 2 1 ------------------------------------------------------------------------------- 3. Berlin-Prague-Budapest-Bucharest 1.810 3 1 ------------------------------------------------------------------------------- 4. Bratislava-Budapest-Bucharest 1.110 1 1 ------------------------------------------------------------------------------- 5. Bonn-Stuttgart-Munich-Vienna-Budapest-2.160 3 1 Bucharest ------------------------------------------------------------------------------- 6. Munich-Vienna-Budapest-Bucharest 1.600 2 1 ------------------------------------------------------------------------------- 7. Vienna-Budapest-Bucharest 1.150 1 1 ------------------------------------------------------------------------------- 8. Bern-Zurich-Vienna-Budapest-Bucharest 2.030 3 1 ------------------------------------------------------------------------------- 9. Geneva-Bema-Zurich-Vienna-Budapest-Bucharest 2.200 3 1 ------------------------------------------------------------------------------- 10. Paris-Strasbourg-Karlsruhe-Stuttgart-Munich-2.420 4 1 Vienna-Budapest-Bucharest ------------------------------------------------------------------------------- 11. Strasbourg-Stuttgart-Munich-Vienna-Budapest-1.970 3 1 Bucharest ------------------------------------------------------------------------------- 12. Marseille-Milan-Mestre-Gorizia-Ljubljana-2.290 3 1 Zagreb-Belgrade-Bucharest ------------------------------------------------------------------------------- 13 13. Braxelles-München-Vienna-Budapest-Bucharest 2.400 4 1 ------------------------------------------------------------------------------- 14. The Hague-Utrecht-Munich-Vienna-Budapest-2.440 4 1 Bucharest ------------------------------------------------------------------------------- 15. Luxembourg-Karlsruhe-Munich-Vienna-2.170 3 1 Budapest-Bucharest ------------------------------------------------------------------------------- 16. London-Dover-Ostende-Brussels-Munich-2.720 4 1 Vienna-Budapest-Bucharest ------------------------------------------------------------------------------- 17. Dublin-Dun Loaghaire-Holyhead-Birmingham-2.990 5 1 London-Dover-Ostende-Brussels-Munich- Vienna-Budapest-Bucharest ------------------------------------------------------------------------------- 18. Rome-Bologna-Mestre-Gorizia-Ljubljana-Zagreb-2.020 3 1 Belgrade-Bucharest ------------------------------------------------------------------------------- 19. Milan-Verona-Mestre-Gorizia-Ljubljana-Zagreb-1.760 2 1 Belgrade-Bucharest ------------------------------------------------------------------------------- 20. Venice-Mestre-Ljubljana-Zagreb-Belgrade-1,500 2 1 Bucharest ------------------------------------------------------------------------------- 21. Belgrade-Timisoara-Bucharest 720-1 ------------------------------------------------------------------------------- 22 22. Zagreb-Belgrade-Timisoara-Bucharest 1.100 1 1 ------------------------------------------------------------------------------- 23 23. Ljubljana-Zagreb-Belgrade-Timisoara-Bucharest 1.230 1 1 ------------------------------------------------------------------------------- 24 24. Tirana-Skhoder-Pristina-Nis-Vidin-Calafat-990 1- Bucharest ------------------------------------------------------------------------------- 25. Sofia-Ruse-Giurgiu-Bucharest 430-- ------------------------------------------------------------------------------- 26. Athens-Sofia-Ruse-Giurgiu-Bucharest 1.300 2- ------------------------------------------------------------------------------- 27. Istanbul-Edirne-Stara Zagora-Kazanlac- 700 1- Tarnovo-Ruse-Bucharest ------------------------------------------------------------------------------- 28. Ankara-Istanbul-Edirne-Stara Zagora-Kazanlac- 1.120 2- Tarnovo-Ruse-Bucharest ------------------------------------------------------------------------------- 29. Warsaw-Kraków-Miskolc-Debrecen-Oradea-1.480 2 1 Bucharest ------------------------------------------------------------------------------- 30 30. Nicosia-Famagusta-Mersin-Adana-Ankara-1.660 3- Istanbul-Stara Zagora-Tarnovo-Ruse-Bucharest ------------------------------------------------------------------------------- 31. Copenhagen-Gedser-Warnemude-Berlin-Prague-2.190 3 1 Budapest-Bucharest ------------------------------------------------------------------------------- 32 32. Stockholm-Malmö-Trelleborg-Sassnitz (Rügen)-2,680 4 1 Berlin-Prague-Budapest-Bucharest ------------------------------------------------------------------------------- 33. Helsinki-St. Petersburg-Tallin-Riga-3.100 5 1 Kaliningrad-Warsaw-Kraków-Miskolc- Debrecen-Oradea-Bucharest ------------------------------------------------------------------------------- 34. Tallin-Riga-Kaliningrad-Warsaw-Kraków-2,360 4 1 Miskolc-Debrecen-Bucharest ------------------------------------------------------------------------------- 35. Moscow-Tula-Kiev-Zitomir-Vinita-Chernivtsi-1.920 3 1 Buzau-Bucharest ------------------------------------------------------------------------------- 36. Kiev-Zitomir-Vinita-Chernivtsi-Buzau-Bucharest 1.040 1 1 ------------------------------------------------------------------------------- 37. Minsk-Bobruisk-Gomel-Kiev-Zitomir-Vinita-1.610 2 1 Cernauti-Buzau-Bucharest ------------------------------------------------------------------------------- 38. Vilnius-Minsk-Gomel-Kiev-Zitomir-Vinita-1.810 2 1 Cernauti-Buzau-Bucharest ------------------------------------------------------------------------------- 39 39. Riga-Kaliningrad-Warsaw-Kraków-Miskolc-2.050 3 1 Debrecen-Oradea-Bucharest ------------------------------------------------------------------------------- 40. Chisinau-Kotovsk-Husi-Barlad-Focsani-Buzau-440-- Bucharest ------------------------------------------------------------------------------- 41. Odessa-Sarata-Bolgrad-Reni-Galati-Bucharest 540-1 ------------------------------------------------------------------------------- 42 42. Oslo-Gothenburg-Malmö-Trelleborg-Sassnitz 2.650 4 1 (Rugen)-Berlin-Prague-Budapest-Oradea- Bucharest ------------------------------------------------------------------------------- 43. Madrid-Barcelona-Marseille-Milan-Mestre-3.490 6 1 Gorizia-Ljubljana-Zagreb-Belgrade-Bucharest ------------------------------------------------------------------------------- 44. Lisbon-Madrid-Barcelona-Marseille-Milan-4.130 7 1 Mestre-Gorizia-Ljubljana-Zagreb-Belgrade- Bucharest ------------------------------------------------------------------------------- 45. Thessaloniki-Sofia-Ruse-Bucharest 740 1- ------------------------------------------------------------------------------- 46. La Valetta-Siracusa-Catania-Messina-Taranto-1.880 4- Otranto-Igumenitsa-Gianitsa-Sofia-Bucharest ------------------------------------------------------------------------------- 47 47. Tunis-Trapani-Palermo-Taranto-Otranto-2.060 4- Igumenitsa-Gianitsa-Sofia-Bucharest ------------------------------------------------------------------------------- 48. Tripoli-Tunis-Trapani-Palermo-Taranto-2,900 6- Otranto-Igunlenitsa-Gianitsa-Sofia-Bucharest ------------------------------------------------------------------------------- 49. Rabat-Ceuta-Algeciras-Valencia-Marseille-4.270 7 1 Milan-Gorizia-Ljubljana-Zagreb-Belgrade- Bucharest ------------------------------------------------------------------------------- 50. Algiers-Alicante-Barcelona-Marseille-Milan-3.210 5 1 Gorizia-Ljubljana-Zagreb-Belgrade-Bucharest ------------------------------------------------------------------------------- 51 51. Alexandria-Ismailia-Khan Yunis-Haifa-Adana-3.050 6- Ankara-Istanbul-Stara Zagora-Tarnovo-Ruse- Bucharest ------------------------------------------------------------------------------- 52. Cairo-Ismailia-Haifa-Adana-Istanbul-Stara 2,870 6- Zagora-Tamovo-Ruse-Bucharest ------------------------------------------------------------------------------- 53. Tel Aviv-Haifa-Adana-Istanbul-Stara Zagora 2.390 5- --Tarnovo-Ruse-Bucharest ------------------------------------------------------------------------------- 54. Beirut-Adana-Istanbul-Stara Zagora-Tarnovo 2.210 4- --Ruse-Bucharest ------------------------------------------------------------------------------- 55. Damascus-Beirut-Adana-Istanbul-Stara 2,250 4- Zagora-Tarnovo-Ruse-Bucharest ------------------------------------------------------------------------------- 56. Amman-Damascus-Beirut-Adana-Istanbul-2.490 5- Tarnovo-Ruse-Bucharest ------------------------------------------------------------------------------- 57. Tehran-Tabriz-Bazargan -Ankara-3,500 7- Istanbul-Tarnovo-Ruse-Bucharest ------------------------------------------------------------------------------- 58. From other cities of residence of 4,500 8- Romania's representations to and from Bucharest ------------------------------------------------------------------------------- ___________ * *) The routes provided for in this Annex are indicative NOTE: 1. The expenses for accommodation are admitted to the settlement after going through a daily distance of at least 500 km. 2. Fuel expenses are settled within the limit of 12.5 liters of fuel per 100 km covered. -------------- Section 2 of the Note in Annex 5 has been amended by section 2. 12 12 of art. I of LAW no. 334 334 of 3 December 2007 , published in MONITORUL OFFICIAL no. 828 828 of 4 December 2007. ________________