LEGE no. 285 285 of 28 December 2010 (* updated *) on the salary in 2011 of the staff paid from public funds ((updated until 19 January 2011 *)
ISSUER
PARLIAMENT
---------- The Romanian Parliament adopts this law + Article 1 (1) As of January 1, 2011, the gross amount of basic salaries/basic functions/salaries of the basic function/framing allowances, as granted to the staff paid from public funds for October 2010, shall be Increase by 15%. ... ((2) From 1 January 2011, the amount of allowances, allowances, compensations and other elements of the salary system which are part, according to the law, of the gross salary, gross monthly balance/gross monthly salary, gross allowance of As the staff paid from public funds for the month of October 2010, they shall be increased by 15% to the extent that the staff operates under the same conditions. ... (3) The gross amount of the rights referred to in par. ((1) and (2) will be established in 2011 taking into account the degree or professional stage, the seniority, the seniority in office or, as the case may be, in the specialty, acquired under the law until 31 December 2010. ... (4) The amount of the grade/salary balance of the professional grade, the order/salary order balance, as well as the amount of the gradations, as granted to the personnel paid from public funds for October 2010, shall be increased by 15%. ... (5) In the basic salary, the monthly employment allowance, respectively in the base of the basic function/salary of the basic function related to October 2010 are the allowances, allowances, which according to the Framework Law no. 330/2009 on the unitary salary of the personnel paid from public funds, as amended, were part of the basic salary, from the monthly gross employment allowance, respectively from the balance/salary of the basic function, as well as the amounts transient compensatory, granted according to Government Emergency Ordinance no. 1/2010 on certain measures to reinstate certain categories of staff in the budgetary sector and to determine their salaries, as well as other measures in the budgetary field, as amended. Bonuses established by laws or decisions of the Government not included in the Framework law no. 330/2009 , as amended, and which were granted in 2010 as compensatory amounts of a transient nature or, as the case may be, that bonuses at the date of reinstatement shall be entered in the basic salary, in the monthly gross employment allowance, respectively in solda/salary of office, without giving them to lead to salary increases, other than those provided by this law. ... + Article 2 In 2011, for personnel newly assigned to positions, for staff appointed/framed in the same institution/public authority on functions of the same kind, as well as for staff promoted to functions or degrees/steps, the pay is made at salary level in payment for similar functions in the institution/public authority in which it is classified. + Article 3 Art. 1 and 2 shall also apply accordingly to staff whose employment or service relationships have been suspended under the law and resumed operations in 2011. + Article 4 (1) The reference value is 600 lei. ... (2) In 2011, the reference value and the ranking coefficients corresponding to the salary classes set out in the Annexes to the Framework Law on the unitary pay of public paid personnel, hereinafter referred to as the following, shall not apply. Framework laws. ... (3) The personnel paid from public funds shall, as of 1 January 2011, fall on the payroll classes, on the new functions, gradations and degrees provided by the framework law, in relation to the function, seniority, degree and step of the person reframed on 31 December 2010. ... + Article 5 (1) For military personnel, police officers and civil servants with special status in the prison administration system shall increase the value of monthly balance/monthly salary, determined according to this law, so that the increase of the share the individual state social insurance contribution, established by the law governing the unitary public pension system, does not lead to the decrease or increase of the net income made monthly from the solde/salaries of these personnel. ... (2) In 2011, allowances, compensations, bonuses, premiums, aid, compensatory payments, monthly compensation for rent and other rights granted according to the normative acts in force shall be established in relation to the level of the calculation base of the For October 2010, it increased by 15%. ... (3) The values of the soldiers/salaries of office and of the degree/salaries of the professional degree held, established according to the present law, shall be nominated by order/decision/disposition of the principal authorising officer or, as the case may be, the the commander/head who has the appointment to the position. ... + Article 6 (1) In 2011, the advancement of personnel assigned to execution functions in the graduation corresponding to the tranche of seniority in work is done by framing the salary classes corresponding to the age in the work acquired, provided in art. 11 11 para. ((3) of the framework law, the staff benefiting from an increase of the basic salary had, corresponding to the number of additional successive salary classes multiplied by the percentage established in art. 10 10 para. ((5) of the framework law, without granting the salary corresponding to the ranking coefficient related to the new salary class. ... (2) In 2011, the provisions of paragraph 1 shall apply to the management staff. ((1). ... (3) The provisions of par. (1) shall also apply accordingly to the transition to another tranche of seniority in office for the staff occupying positions within the occupational family "Justice", respectively seniority in education for teaching staff of university teaching and preuniversity. ... ((4) The staff who, in the course of 2011, carry out new activities involving, according to the framework law, the granting of successive salary classes to that held for that function benefit from an increase in the basic salary, respectively soldei/salary of function, corresponding to the number of additional pay classes multiplied by the percentage established in art. 10 10 para. ((5) of the framework law. ... + Article 7 (1) The settlement of appeals in connection with the establishment of basic salaries, monthly framing allowances and the soldiers of the basic functions/salaries of the basic functions that are granted according to the provisions of this law is of competence authorising officers. ... (2) The appeal may be submitted within 5 days from the date of taking to the attention of the administrative act establishing the salary rights, at the headquarters of the authorising officer. ... (3) The authorising officers shall settle the appeals within 10 days. ... (4) Against measures ordered according to the provisions of para. (1) the dissatisfied person may apply to the administrative court or, as the case may be, to the competent court according to the law, within 30 days from the date of communication of the resolution of the appeal. ... + Article 8 The amounts corresponding to the annual prize for the year 2010 are no longer granted since January 2011, which are considered when determining the salary increases that are granted in 2011 to the staff in the budget sector, according to the provisions this law. + Article 9 (1) In 2011, the additional work carried out over the normal working time by staff in the budget sector assigned to execution or management positions, as well as work performed on weekly rest days, public holidays and in the other days when, in accordance with the regulations in force, no work is done, within the normal working exchange, will be compensated only with appropriate free time. ... (2) In 2011, the authorising officers will not award prizes and holiday bonuses. ... + Article 10 (1) As of January 2011, the rights provided for in art. 2 2 para. ((1) lit. a), b) and d) and para. ((4), art. 13 13 and 14 of Law no. 118/2010 on certain measures necessary to restore the budgetary balance, as amended and supplemented, shall be increased by 15% compared to the amount in payment in October 2010. ... (2) In 2011, for personnel assigned to public institutions of defence, public order and national security, during the period of participation in the missions specified in art. 2 lit. a)-d) of Law no. 42/2004 on the participation of armed forces in missions outside the territory of the Romanian State, as amended, the food allowances shall be granted in the amount provided for in October 2010. ... (3) The amount of the rights provided in par. (2) also benefit the police and civil servants with special status from the prison administration system who carry out missions abroad within the peacekeeping forces under the aegis of the UN, NATO or other international organizations. ... + Article 11 In 2011, the amount of rights provided for art. 19 19 para. ((5) of Law no. 16/2000 on the establishment, organization and functioning of the National Council of Elderly, republished, shall be established at the level of December 2010. + Article 12 (1) Central and local public institutions as defined by Law no. 500/2002 on public finances, with subsequent amendments and completions, and by Law no. 273/2006 on local public finances, with subsequent amendments and completions, regardless of the financing and subordination system, including activities fully funded by their own income, set up in addition to public institutions, except institutions fully funded by their own income, shall not provide meal vouchers to staff within them. ... ((2) In the 2011 budgets of central and local public institutions, as defined by Law no. 500/2002 , with subsequent amendments and completions, and by Law no. 273/2006 , with subsequent amendments and completions, regardless of the financing and subordination system, including activities fully financed from own income, established in addition to public institutions, no amounts are provided for granting Gift vouchers and holiday tickets to staff within them. ... + Article 13 (1) In 2011, the legal provisions on the granting of aid or, where applicable, allowances when leaving for retirement, withdrawal, termination of service relations or transition to reserve shall not apply. ... (2) In 2011, the provisions of par. (1) does not apply in the situation of the impossibility of maintaining in the activity of persons classified unfit for military service or classified in the degree of invalidity or deceased. ... + Article 14 ((1) As of 1 January 2011, for staff from public authorities and institutions benefiting from money rights granted from funds established under the Government Ordinance no. 92/2003 on the Fiscal Procedure Code, republished, with subsequent amendments and completions, and the Government Ordinance no. 29/2004 for the regulation of financial measures, approved with amendments and additions by Law no. 116/2004 , with subsequent amendments and completions, basic salaries, provided in art. 1 1 para. (1), shall be calculated by including in them the average level of these money rights related to October 2010, for each public office, by categories, classes and professional degrees, respectively for each contractual function, depending on the of the level of studies, by degrees or professional steps. ... (2) The average value provided in par. ((1) shall be calculated for the identical functions, equivalent or assimilated from the point of view of the salary, distinctly on each principal authorising officer, respectively by the secondary authorising officer and cumulatively for the tertiary authorising officers under each principal or, where applicable, secondary authorising officer. ... (3) Money rights, which according to par. ((1) and (2) shall be included in the basic salary, shall not be increased by the percentage provided in art. 1. ... ((4) Funds established under the art. 227 of Government Ordinance no. 92/2003 , republished, with subsequent amendments and completions, and of art. IV of Government Ordinance no. 29/2004 , approved with amendments and additions by Law no. 116/2004 , with subsequent amendments and completions, for the granting of money rights, which according to par. (1) were included in the basic salary, are made income to the state budget, local budgets, state social insurance budget or, as the case may be, to the budgets of special funds. ... + Article 15 Staff assigned to the posts taken by the Ministry of Public Finance based on art. 10 of Government Emergency Ordinance no. 11/2004 on the establishment of reorganisation measures within the central public administration, approved with amendments and additions by Law no. 228/2004 , with subsequent amendments and completions, it falls again on general public functions and benefits from the salary rights provided for these functions. + Article 16 (1) The total increase in gross salary, gross monthly balance/gross monthly salary, gross monthly allowance may not be more than 15% compared to the level of staff paid from public funds for October 2010, in so far as staff operate under the same conditions. ... (2) For military personnel, police officers and civil servants with special status from the prison administration system, the increase provided in par. (1) may be exceeded only for the application of art. 5 5 para. ((1) and to the extent that the staff operates under the same conditions. ... + Article 17 Within 15 days from the date of entry into force of this law, the Ministry of Labour, Family and Social Protection and the Ministry of Public Finance will develop the methodological norms for the application of this law, which will be approved by order of to the Minister of Labour, Family and Social Protection and the Minister of Public Finance, who will also establish the concrete formula for calculating salaries, allowances and soldiers for 2011. This law was adopted pursuant to the provisions of art. 114 114 para. (3) of the Romanian Constitution, republished, following the commitment of the Government's responsibility to the Chamber of Deputies and the Senate, at the joint meeting on December 14, 2010. CHAMBER OF DEPUTIES PRESIDENT ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, 28 December 2010. No. 285. -------
