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Law No. 109 Of 3 May 2005 On The Establishment Of Compensation For The Self-Employed To Performers From Romania

Original Language Title:  LEGE nr. 109 din 3 mai 2005 privind instituirea indemnizaţiei pentru activitatea de liber-profesionist a artiştilor interpreţi sau executanţi din România

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LEGE no. 109 109 of 3 May 2005 (** republished) (* updated *) on the establishment of the indemnity for the self-employed activity of performers in Romania *) ((updated on 12 November 2015 *)
ISSUER PARLIAMENT




---------- ** **) Republicated pursuant to art. III of Government Ordinance no. 4/2008 to amend and supplement Law no. 109/2005 on the establishment of the indemnity for the self-employed activity of performers from Romania, published in the Official Gazette of Romania, Part I, no. 73 of 31 January 2008, approved with amendments by Law no. 123/2009 on approval Government Ordinance no. 4/2008 , published in the Official Gazette of Romania, Part I, no. 294 of 6 May 2009, giving the texts a new numbering. Law no. 109/2005 on the establishment of the allowance for the self-employed activity of performers from Romania was published in the Official Gazette of Romania, Part I, no. 401 401 of 12 May 2005 and has been amended by Government Decision no. 1.318/2007 on the indexation of some allowances, published in the Official Gazette of Romania, Part I, no. 739 739 of 31 October 2007, and by Government Decision no. 1.147/2008 on the indexation of allowances granted under special laws, published in the Official Gazette of Romania, Part I, no. 679 679 of 2 October 2008. + Article 1 This law regulates the right to indemnity of performers, Romanian citizens, who carried out artistic-interpretive activity in the period from January 1, 1950 to September 27, 1999. the territory of Romania or abroad. + Article 2 Activities that are not of an artistic-performing nature are not subject to this law. + Article 3 For the purposes of this Law a) performers are actors, singers, musicians, dancers, circus artists and other people who present, sing, dance, recite, rant, play, perform, conduct, express or execute in any way an opera. literary or artistic, a performance of any kind; b) artistic-interpretive activity as a self-employed is the activity of performers, carried out under the conditions provided in art. 1 in collaboration with public state institutions, with legal entities under public law or with legal entities of private law. + Article 4 (1) In the category of performers, performers fall: a) the soloists and vocal interpreters of: -classical music-opera, lied, operetta; -light music, folk, pop, rock; -folkloric music; b) instrumentalist soloists and instrumentalists: -classical music; -light music; -folkloric music; c) conductors of: -classical music; -light music; -folkloric music; d) actors: --theatre; -puppet handlers; -of pantomime; --cinema; e) show host; f) ballet and dance soloists, ballerinas and dancers, choreographers; g) circus artists and stunts. (2) Completing the list provided in par. (1) can be made by Government decision, at the proposal of the Ministry of Culture, Religious Affairs and National Heritage. + Article 5 (1) Artistic or performing artists who have carried out artistic-interpretive activity as a self-employed benefit from a monthly allowance for artistic-interpretive activity, to the cumulative fulfillment of the following conditions: a) have the standard retirement age set out in Annex no. 3 3 to Law no. 19/2000 on the public pension system and other social security rights, as amended and supplemented; b) have carried out a period of artistic-interpretive activity of at least 10 years; c) make monthly net income below the level of the annual average pension for the age limit and the full contribution period, from the public pension system, communicated by the National Institute of Statistics, related to the year before the granting of the allowance. (2) The period provided in par. ((1) lit. b) shall be: a) the summation of the calendar years in which an artistic-interpretive activity of at least 92 working days was carried out, by equating the activities established according to the provisions of art. 10 10; b) summation of periods representing seniority in the specialty, carried out by performing artistic-interpretive activity, according to the legislation prior to April 1, 2001, but insufficient for obtaining a pension in the public system of pensions and other social security rights. (3) The period provided in par. ((2) does not include periods completed and valued as a contribution period to the establishment of pension rights in the public pension system and other social security rights or other social security systems. (4) When establishing the period of artistic-interpretive activity, according to the provisions of para. ((2), the calendar years in which at least 92 working days have not been achieved, by the equivalence of the activities, shall not be taken into account. (5) In the case of seniority, made according to par. ((2) lit. b), the fractions of more than 6 months shall be completed at one year, and the less than 6 months shall not be taken into account. + Article 6 (1) The attesting of the quality of beneficiary of the indemnity for the self-employed activity of performers and the establishment of the period of artistic-interpretive activity shall be made at the request of the interested self-employed artist, on the basis of the official documents issued by the Romanian Radio Broadcasting Society, the Romanian Television Society, ARTEXIM, ELECTRECORD, as well as by any other legal person of public or private law provided in art. 3 lit. b), to which the self-employed performers performed artistic-interpretive activities in collaboration mode. (2) Legal persons referred to in par. (1) have the obligation to provide applicants with the documents that may prove the performance of the artistic-interpretive activity, within 30 days from the date of the request. (3) In the absence or in addition of official documents, proof of artistic-interpretive activity or attestation can be done with any means of proof provided by law, posters, programs, photographs, articles, reviews, reviews, notary statements. + Article 7 (1) Within 30 days from the publication of the present law in the Official Gazette of Romania, Part I, by joint order of the Minister of Culture, Religious Affairs and National Heritage and the Minister of Labour, Family and Social Protection shall be established Commission for the attestation of the quality of the beneficiary of the indemnity for the work of self-employed performers, hereinafter referred to as the Commission. ((. The amounts necessary for carrying out the work of the Commission shall be provided for and shall be borne by the budget of the Ministry of Culture, Religious Affairs and + Article 8 (1) The Commission shall establish, by decision, under the conditions of this Law, the right of performers to receive the allowance for the activity carried out as a self-employed person. (2) The decision provided in par. ((1) shall be issued and communicated to the applicant within 60 days of the date of the request. (3) At the request of the applicant, the Commission may determine the extension of the time limit (2), for the completion by the applicant of his own file, but not exceeding 30 days after the submission of the latest documents by the applicant. (4) Applicants may challenge the decision provided in par. (1), within 15 days of receipt, according to the provisions Law of Administrative Litigation no. 554/2004 , with subsequent amendments and completions. Appeals shall be resolved within 15 days from the date of their registration. (5) The final decision of the Commission shall be communicated to the competent territorial pension house within 15 days of the expiry of the appeal period or, as the case may be, from the resolution of appeals. ((. Upon receipt of the Commission decision, the territorial pension house shall have the following obligations: a) record the decision; b) to verify the periods of seniority that have been capitalized for the establishment of the pension in the public pension system, in order to identify possible overlaps; c) to issue, within 45 days from the receipt of the decision, the administrative decision on the basis of which the payment of the allowance is made. + Article 9 (1) The allowance for artistic-interpretive activity benefits, regardless of age, and self-employed performers who, as a result of a professional illness, could no longer carry out the artistic activity and which prove this situation, as well as the fact that they have carried out a period of artistic-interpretive activity in the free-professional regime of at least 5 years. (2) Professional diseases that may be acquired as a result of the artistic-interpretive activities provided in art. 10 10 para. (1) and which may generate the loss of work capacity shall be established by order of the Minister of Health, within 30 days from the date of publication of this Law. (3) The acquisition of one of the professional diseases established according to par. (2) is certified by the occupational health specialist. + Article 10 (1) The artistic-interpretive activity is equivalent to working days, as follows: a) a live participation in a television show or artistic representation-10 working days; b) a participation in the performance of a performance or artistic representation organized by a legal person of public or private law-10 working days, plus one day for each performance; c) a participation in the realization of a registered TV show-15 working days; d) a participation in the making of a recording of radio theatre, of poems or stories for radio, television or record company-30 working days; e) a participation in the making of a musical record on any type of technical support-10 working days; f) a participation in an artistic event such as festival, gala and the like, declared as national-30 working days; g) a participation in an artistic event of international importance, declared as such-60 working days; h) an interpretation of a role in a film production of long or short film-a number of working days equivalent to the number of days of filming provided for in the contract, including the days of travel to and from the filming places, as well as days of rest; i) an artistic tournament in the country or abroad-a number of working days equal to double the number of calendar days from the period during which the tournament was held, plus the day of departure and that of the return from the tournament. (2) The number of working days with which each artistic performance is equivalent-interpretative among those provided in par. ((1) also includes the days necessary for rehearsals of any kind, as well as those necessary for any other preparatory activity submitted for the purpose of the proper conduct of the performance, prior to it or concurrent with it. (3) Awards one, two and three, as well as similar distinctions obtained by participating in prestigious national or international artistic events increase by 30% the number of working days with which, according to the provisions of par. (1), the artistic-interpretive activity is equivalent and 10% for other prizes. + Article 11 (1) The amount of the monthly allowance, in fixed amount, granted for the artistic-interpretive activity is: a) 339 lei *) for performers provided in art. 4 4 para. (1), with attestation category I, issued by the Ministry of Culture, Religious Affairs and National Heritage; b) 254 lei * *) for performers provided in art. 4 4 para. (1), with attestation category II, issued by the Ministry of Culture, Religious Affairs and National Heritage; c) 198 lei *) for performers provided in art. 4 4 para. (1), with attestation category III, issued by the Ministry of Culture, Religious Affairs and National Heritage. (2) The amount of the allowance for artistic-interpretive activity is updated annually, by Government decision * *), depending on the evolution of the consumer price index. Note
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*) The amount of the monthly allowance, provided in lett. a), b) and c), is the one indexed according to Government Decision no. 1.147/2008 on the indexation of allowances granted under special laws, published in the Official Gazette of Romania, Part I, no. 679 679 of 2 October 2008.
** **) See Government Decision no. 1.318/2007 on the indexation of some allowances, published in the Official Gazette of Romania, Part I, no. 739 739 of 31 October 2007, and Government Decision no. 1.147/2008 on the indexation of allowances granted under special laws, published in the Official Gazette of Romania, Part I, no. 679 679 of 2 October 2008.
---------- + Article 12 (1) Depending on the official documents and/or evidence submitted by the applicant, the Commission will determine the level of the allowance for artistic-interpretative activity, as follows: a) persons who have higher education or specialized backgrounds, who prove that they have provided artistic-interpretive activity, under the conditions of this law, will benefit from the allowance corresponding to the category I attestation; b) performers who prove that they have performed artistic-interpretative activities under the conditions of this law, but who no longer hold the attestations will benefit from the allowance corresponding to the category II attestation; c) performers who prove that they have performed artistic-interpretative activities under the conditions of this law, without being obtained attestations, will benefit from the allowance corresponding to the category III attestation; d) circus artists, without attestations, employees of the State Circus, who prove that they have provided artistic-interpretive activity, under the conditions of this law, benefit from the allowance corresponding to the category I. (2) Depending on the notoriety of the persons provided in par. ((1) lit. b) and c), of those provided in art. 11 11 para. ((1) lit. b) and c), as well as their artistic-interpretative activity, the Commission may decide, by unanimity of votes, to grant the allowance corresponding to the category I attestation. + Article 13 (1) For the granting of the allowance provided in art. 11 all income from professional activities, including pensions, which the beneficiary of this right shall take into account, with the exception of the merit allowance provided for by Law no. 118/2002 for the establishment of the merit allowance, with subsequent amendments and completions. (2) For the maintenance in payment of the allowance, proof of the monthly net income provided in art. 5 5 para. ((1) lit. c), made in the previous year, shall be submitted to the competent territorial pension house, until the end of the first quarter of each calendar year for which the allowance is received. + Article 14 (1) The payment of the allowance for artistic-interpretive activity as a self-employed shall be carried out by the competent territorial pension house, on the basis of the decision provided in art. 8 8 para. ((1). (2) The allowance for artistic-interpretive activity shall be paid from the month following that in which the decision referred to in art. 8 8 para. ((5). ((. The payment shall be made on the basis of the decision of the competent territorial pension house. (4) The decision referred to in paragraph ((3) may be challenged by the applicant, under the conditions Law no. 554/2004 , with subsequent amendments and completions. (5) The payment of the allowance shall be suspended in the first month of the quarter following the income determination, in accordance with the provisions of 13 13 para. (1), if the beneficiary no longer meets the legal conditions provided for in art. 5 5 para. ((1) lit. c) or if it does not submit in time the proof provided in art. 13 13 para. ((2). (6) Payment of the suspended allowance according to par. (5) resume in the month following the fulfilment of the conditions laid down therein. + Article 15 Payment of the allowance shall cease from the month following that in which the beneficiary has died. + Article 16 (1) The amounts collected unearned, as indemnity, shall be recovered from the beneficiary, under the law. (2) If they cannot recover, in whole or in part, the amounts paid unearned with this title will be recovered, under the law, from the guilty persons. + Article 17 The funds necessary to pay the allowances established in accordance with the provisions of this law shall be borne by the state budget, through the budget of the Ministry of Labour, Family and Social Protection. + Article 18 The methodological norms for the application of this law are approved by Government decision *), at the proposal of the Ministry of Culture, Religious Affairs and National Heritage and the Ministry of Labour, Family and Social Protection, published in the Official Gazette of the Romania, Part I, within 60 days of the publication of this law. Note
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*) In 2005, the Ministry of Culture and Religious Affairs and the Ministry of Labour, Social Solidarity and Family elaborated the Methodological Norms for the application of Law no. 109/2005 on the establishment of the indemnity for the self-employed activity of performers from Romania, approved by Government Decision no. 1.469/2005 , published in the Official Gazette of Romania, Part I, no. 1.109 1.109 of 8 December 2005.
---------- + Article 19 (1) Violation of art. 6 6 para. (2) constitutes contravention and is sanctioned with a fine of 1,000 lei to 2,000 lei. (2) The finding of the contravention provided in par. (1) and the application of the sanction shall be made by the authorized persons of the territorial labor inspectorates, at the request of the applicant. (3) Contraventions provided in par. (1) the provisions applicable Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Article 20 This Law shall enter into force on 1 January 2006, with the exception of Art. 4-7 4-7, art. 9 9 para. ((2), art. 12 12 *), art. 17-19 * *) which takes effect 3 days from the date of publication in the Official Gazette of Romania, Part I. Note
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*) In 2005, the Ministry of Culture and Religious Affairs and the Ministry of Labour, Social Solidarity and Family elaborated the Methodological Norms for the application of Law no. 109/2005 on the establishment of the indemnity for the self-employed activity of performers from Romania, approved by Government Decision no. 1.469/2005 , published in the Official Gazette of Romania, Part I, no. 1.109 1.109 of 8 December 2005.
** **) The text refers to the former art. 12 12 and art. 17-19, which have become, in the present form republished, art. 13 13 and art. 18-20.
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NOTE:
We reproduce below the provisions art. II and IV of Government Ordinance no. 4/2008 to amend and supplement Law no. 109/2005 on the establishment of the indemnity for the self-employed activity of performers in Romania, which are not incorporated in the republished form of Law no. 109/2005 and which continue to apply as own provisions of the amending act:
"" Art. II. -(1) The composition of the Commission for the attestation of the quality of the beneficiary of the indemnity for the work of self-employed performers, provided for in art. 7 7 of Law no. 109/2005 , hereinafter referred to as the Commission, is the following: 2 representatives of the Ministry of Labour, Family and Equal Opportunities, 2 representatives of the Ministry of Culture and Religious Affairs and a representative from among the unions of performers Legally enforceable and recognized as legal entities of public utility. (2) Within 30 days from the entry into force of this ordinance, it is amended, by joint order of the Minister of Labour, family and equal opportunities and the Minister of Culture and Religious Affairs, the composition of the commission provided in par. ((1). (3) The Commission will operate in addition to the Ministry of Labour, Family and Equal Opportunities, on the basis of the regulation approved by joint order of the Minister of Labour, Family and Equal Opportunities and the Minister of Culture and Religious Affairs.
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Art. IV. -This ordinance shall enter into force 3 days from the date of publication in the Official Gazette of Romania, Part I. "
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