Law No. 109 of 3 May 2005 (* republished *) (* updated *) setting compensation for the self-employed to performers from Romania *) (updated November 12, 2015 *)-PARLIAMENT ISSUING — — — — —-*) Republished pursuant to art. III of the Government Ordinance. 4/2008 for the modification and completion of the law #. 109/2005 on the establishment of compensation for the self-employed to performers from Romania, published in the Official Gazette of Romania, part I, no. 73 of 31 January 2008, as amended by law No. 123/2009 regarding the approval of the Government Ordinance. 4/2008 published in the Official Gazette of Romania, part I, no. 294 of 6 May 2009, posing a new texts.
Law No. 109/2005 on the establishment of compensation for the self-employed to performers from Romania was published in the Official Gazette of Romania, part I, no. 401 of 12 May 2005 and amended by Government decision No. 1.318/2007 concerning the indexing of certain allowances, as published in the Official Gazette of Romania, part I, no. 739 of 31 October 2007, and by the decision of the Government. 1147/2008 on indexing some allowances granted under special laws, published in the Official Gazette of Romania, part I, no. 679 of 2 October 2008.


Article 1 this law regulates the right to compensation of the performers, Romanian citizens, who held the artistic activity-the interpretative self-employed during the period 1 January 1950-27 September 1999 in Romania or abroad.


Article 2 this law shall not be subject to activities that are not of the nature interpretative Art Director.


Article 3 for the purposes of this law: a) the performers are actors, singers, musicians, dancers, circus performers and others who presents, sings, dances, plays, declamă, recites, interprets, directs, expressed in any way times running a literary or artistic, a show of any kind;
  

b) artistic activity-the interpretative Freelancer is the work of performers, carried out under the conditions laid down in article 21. 1 in cooperation with public institutions of State, legal persons governed by public law or with a legal person in private law.
  


Article 4 (1) in the category of performers: performers and interpreters of) vocal: classical-music-Opera, operetta, Lieder;
-light music, folk, pop, rock;
-folk music;

b) quality of the soloists and instrumentalists:-classical music;
-light music;
-folk music;

c) conductors:-classical music;
-light music;
-folk music;

d) actors:-Theatre;
-mânuitori dolls;
-pantomime;
-cinema;

e) shows presenters;
  

f) Ballet soloists and dance, dancers and dancers, choreographers;
  

g) artists and circus stunts.
  

(2) completing the list referred to in paragraph 1. (1) can be made via the Government's judgment on the proposal of the Ministry of culture, religious affairs and national heritage.
  


Article 5 (1) performers who held artistic activity-the interpretative self-employed are entitled to a monthly allowance for artistic activity-from performing interpretive, cumulative to the following conditions: (a) standard age) retirement as described in annex No. 3 the law nr. 19/2000 concerning public pension system and other social insurance rights, as amended and supplemented;
  

b) produced a period of artistic activity-at least 10 years to interpret;
  

c) achieves net monthly salaries below the average annual pension for old age and stage full of contribution, of the public pension system, notified the National Institute of statistics in respect of the previous year to grant the allowance.
  

(2) the period referred to in paragraph 1. (1) (a). b) is constituted by the sum of: (a) calendar years) in which artistic activity has achieved-at least 92 interpretative working days, due to the activities set out under art. 10;
  

b) aggregating the periods representing specialty, achieved through the pursuit of artistic activity-interpretive, according to legislation predating April 1, 2001, but insufficient for obtaining a pension in the public pension system and other social insurance rights.
  

(3) the period referred to in paragraph 1. (2) does not include the periods completed and valorized as the period of contribution to the determination of pension rights in the public pension system and other social insurance rights and other social security systems.
  

(4) in determining the period of artistic activity-interpretive, according to paragraph 1. (2) calendar years in which there has been at least 92 working days, due to the activities, shall not be taken into account.
  

(5) if the professional age in accordance with paragraph 1. (2) (a). b), larger factions of 6 months is complete within one year, and less than six months shall not be taken into account.
  


Article 6 (1) Attesting the quality of beneficiary of the allowance for the self-employed to performers and determining the period of artistic activity-at the request of the interpretive artist Freelancer, based on official documents issued by the Romanian radio broadcasting Company, Romanian television Society, ARTEXIM, ELECTRECORD, and by any other legal person governed by public or by private law laid down in art. 3 (a). (b)), at which the performers have provided freelance artistic activities-performing under a collaboration.
  

(2) legal persons specified in paragraph 2. (1) have an obligation to make available to applicants who can prove documents activity-artistic, within 30 days from the date of the request.
  

(3) in the absence of or in addition to official documents, evidence of artistic activity-interpretive or attestation can be done with any evidence required by law, posters, programs, photographs, articles, chronicles, reviews, notary statements.
  


Article 7 (1) within 30 days of the publication of this law in the Official Gazette of Romania, part I, by order of the Minister of culture, religious affairs and national heritage and the Minister of labour, family and social welfare set up the Commission for certifying the quality of the recipient of the allowance for the self-employed to performers, hereinafter referred to as Commission.
  

(2) the amounts required for the Commission's work shall be provided and shall be borne by the budget of the Ministry of culture, religious affairs and national heritage.
  


Article 8 (1) the Commission shall establish, through determination, under this law, performers are entitled to receive compensation for work carried out in the Freelancer.
  

(2) a judgment referred to in paragraph 1. (1) is issued and communicated to the applicant within 60 days from the date of the request.
  

(3) at the request of the claimant, the Commission may fix the extension referred to in paragraph 1. (2) on completion of the applicant's own dossier, but without exceeding 30 days after the filing of the last document.
  

(4) applicants may appeal against the judgment referred to in paragraph 1. (1) within 15 days of receipt, in accordance with the provisions of the law on administrative courts no. 554/2004, as amended and supplemented. Appeals shall decide within 15 days from the date of their registration.
  

(5) the final Judgement shall be notified to the Commission by the competent territorial House of pensions, within 15 days after the expiry of the term for contestation or, where appropriate, from the settlement of complaints.
  

(6) on receipt of the decision of the Commission, territorial House of pensions has the following obligations: a) to register the judgment;
  

(b)) to verify age periods which were capitalized for the establishment of the pension in the public pension system, in order to identify possible overlaps;
  

c) to issue, within 45 days of receipt of the decision of the administrative decision, the basis of which compensation should be paid.
  


Article 9 (1) of the allowance in respect of his interpretative Art Director benefits, regardless of age, performers and freelancers who, as a result of an occupational disease, could not carry out artistic and proving this situation and the fact that they have completed a period of artistic activity-the interpretative self-employed at least 5 years.
  

(2) occupational diseases that can be acquired as a result of unfolding artistic activities-performing. 10 para. (1) and which may give rise to loss of work capacity shall be determined by order of the Minister of health shall, within 30 days from the date of publication of this law.
  


(3) Acquiring any of the occupational diseases established pursuant to paragraph 1. (2) certified by the specialist in occupational medicine.
  


Article 10 (1) artistic-interpretive Activity is tantamount to working days, as follows: a participation in the direct) at a televised show-5571 or 10 working days;
  

b) contribution to the achievement of a performance or an artistic representations organised by a legal person governed by public or by private law-10 working days, plus one day for each presentation;
  

c) contribution to the establishment of a recorded TV shows-15 working days;
  

d) contribution to the establishment of a radio theatre, recordings of poems or short stories for radio, television or record label-30 working days;
  

e contribution to the attainment of) a musical recordings on any type of support-10 working days;
  

f) an interest in an artistic event like festival, gala and others also said that national-30 working days;
  

g) contribution to the artistic event of international importance, stated as such-60 working days;
  

h) an interpretation of a role in a theatrical production of long or short a number of business days equal to the number of days of shooting under contract, including travel days to and from the places of shooting, as well as rest days;
  

I) artistic tour in the country or abroad a number of business days equal to twice the number of calendar days in the period in which the tournament was held, plus the day of departure and return from the tournament.
  

(2) the number of working days they equate every benefit of the artistic-interpretive paragraph. (1) includes the days necessary rehearsals of all kinds, as well as those of any other preparatory activities needed in order to benefit the smooth, previous or concurrent with it.
  

(3) awards one, two and three, as well as similar distinctions obtained by participation in events of national or international artistic prestige increased by 30 per cent the number of working days, in accordance with paragraph 1. (1) the interpretive work of artistic counterpart-and 10% for other awards.
  


Article 11 (1) the amount of the monthly allowance, the lump sum granted for artistic activity-interpretive is: 339 *) lei) for performers referred to in art. "". (1) with class I attestation issued by the Ministry of culture, religious affairs and national heritage;
  

b) * 254 lei) for performers referred to in art. "". (1) certified category II, issued by the Ministry of culture, religious affairs and national heritage;
  

* 198 c) lei) for performers referred to in art. "". (1) certified category III, issued by the Ministry of culture, religious affairs and national heritage.
  

(2) the amount of the allowance in respect of his interpretative Art Director is updated annually through the judgment of Government *), depending on the evolution of the consumer price index.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) the amount of monthly allowance, referred to. a), b) and (c)), is indexed according to the governmental decision nr. 1147/2008 on indexing some allowances granted under special laws, published in the Official Gazette of Romania, part I, no. 679 of 2 October 2008.

*) See Judgment No. 1.318/2007 concerning the indexing of certain allowances, as published in the Official Gazette of Romania, part I, no. 739 of 31 October 2007, and Government Decree No. 1147/2008 on indexing some allowances granted under special laws, published in the Official Gazette of Romania, part I, no. 679 of 2 October 2008.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 12 (1) according to official documents and/or evidence submitted by the applicant, the Commission will determine the level of compensation for artistic activity-interpretive, as follows: a) persons who have higher education, the average times which prove that they have provided artistic activity-interpretive, under the present law, will receive appropriate compensation for the certificate of class I;
  

b) performers who prove that they have provided artistic activities-performing under this law, but that no longer hold certificates will receive appropriate compensation for the certificate of category II;
  

c) performers who prove that they have provided artistic activities-performing under this law without having obtained certificates, will receive appropriate compensation for the certificate of category III;
  

d) circus performers without certificates, State circus employees who prove that they have provided artistic activity-interpretive, under the present law, shall receive the appropriate allowance for the certificate of class I.
  

(2) depending on the nature of the persons specified in paragraph 2. (1) (a). b) and (c)), as set forth in art. 11(2). (1) (a). b) and (c)), as well as artistic activity-interpretive thereof, the Commission may decide, unanimously, to grant appropriate compensation certificate of class I.
  


Article 13 (1) For granting the allowance referred to in article 1. 11 taking into account all the income from professional activities, including pensions, which it achieves the right recipient, with the exception of acts merit provided for in law No. 118/2002 for the establishment of merit compensation, with subsequent amendments and additions.
  

(2) For maintaining the payment of the allowance, the monthly net income. 5 para. (1) (a). (c)), built during the previous year, shall be submitted to the competent territorial House of pensions, up to the end of the first quarter of each calendar year for which the allowance is received.
  


Article 14 (1) payment of compensation in respect of his interpretative Art Director under the Freelancer shall be carried out by the competent territorial House of pensions, on the basis of the judgment under article 4. 8 para. (1) and (2) Compensation for artistic activity-interpretive is payable as of the month following that in which the judgment has been issued as referred to in art. 8 para. 5. (3) the payment is made in accordance with a decision of the territorial House of pensions.
  

(4) the decision referred to in paragraph 1. (3) may be challenged by the applicant, in accordance with the law No. 554/2004, as amended and supplemented.
  

(5) payment of compensation shall be suspended within the first month of the quarter following the determination of income, in accordance with article 4. 13(2). (1) where the beneficiary no longer meets the legal conditions laid down in article 21. 5 para. (1) (a). c) or if he does not submit timely proof referred to in article. 13(2). (2) and (6) Compensation Payment according to paragraph 1 shall be suspended. (5) the following month shall be resumed to the fulfilment of the conditions laid down for it.
  


Article 15 Pay allowance shall cease as of the month following the month in which the beneficiary died.


Article 16 (1) the amounts received, by way of unfair compensation, shall be recovered from the beneficiary, in accordance with the law.
  

(2) where, cannot recover all or part of the sums wrongly paid under that title will be recovered, according to the law, persons.
  


Article 17 the funds necessary for the payment of allowances determined in accordance with the provisions of this law, shall be covered from the State budget through the budget of the Ministry of labour, family and social protection.


Article 18, detailed rules for the application of this law shall be approved by decision of the Government on the proposal) of the Ministry of culture, religious affairs and national heritage and the Ministry of labour, family and social protection, as published in the Official Gazette of Romania, part I, within 60 days of the publication of this law.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) in 2005, the Ministry of culture and religious affairs and the Ministry of labour, social solidarity and family have drawn up detailed rules for the application of law No. 109/2005 on the establishment of compensation for the self-employed to performers from Romania, approved by Government decision No. 1.469/2005, published in the Official Gazette of Romania, part I, no. 1,109 of 8 December 2005.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 19 (1) violation of the provisions of art. 6 paragraph 1. (2) constitutes contravention and shall be sanctioned by a fine from 1,000 to 2,000 lei lei.
  

(2) a determination of the contravention specified in paragraph 2. (1) and the application of the penalty shall be made by authorized persons within the territorial labour inspectorates at the request of the applicant.
  

(3) the contravention referred to in paragraphs 1 and 2. (1) the provisions of the Ordinance are applicable to the Government. 2/2001 relating to the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented.
  


Article 20


This law shall enter into force on 1 January 2006, except for art. 4-7, art. 9 para. (2), art. 12 *), art. 17-19 *), which shall enter into force three days after its publication in the Official Gazette of Romania, part I.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) in 2005, the Ministry of culture and religious affairs and the Ministry of labour, social solidarity and family have drawn up detailed rules for the application of law No. 109/2005 on the establishment of compensation for the self-employed to performers from Romania, approved by Government decision No. 1.469/2005, published in the Official Gazette of Romania, part I, no. 1,109 of 8 December 2005.

*) Refers to the former art. 12 and art. 17-19, who became President in this form, art. 13 and art. 18-20. ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Note ─ ─ ─ ─ ─ ─ ─ ─ Please note: we reproduce below the provisions of art. II and IV of the Ordinance No. 4/2008 for the modification and completion of the law #. 109/2005 on the establishment of compensation for the self-employed to performers from Romania, which are not incorporated in the form of law No. republished 109/2005 and, further, that the provisions of the Act: "modifier. II. — (1) the composition of the Commission for certifying the quality of the recipient of the allowance for self-employed of performers referred to in art. 7 of law No. 109/2005, hereinafter referred to as the Commission, is as follows: 2 representatives of the Ministry of labour, family and equal opportunities, 2 representatives of the Ministry of culture and religious affairs and a representative appointed from among the unions of artists, performers or legally constituted and recognized as legal persons.

(2) within 30 days after the entry into force of this Ordinance, shall, by joint order of the Minister of labour, family and equal opportunities and the Minister of culture and religious affairs, the Commission referred to in paragraph 1. 1. (3) the Commission will work on the Ministry of labour, family and equal opportunities, on the basis of rules approved by joint order of the Minister of labour, family and equal opportunities and the Minister of culture and religious affairs.
  



Art. IV.-nothing in this Ordinance shall enter into force three days after its publication in the Official Gazette of Romania, part I. "

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