LAW no. 188 of 8 December 1999 (republished ** **) (* updated *) on the status of public
*)
(updated until August 12, 2016 *)
Issued
PARLIAMENT **
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) Republished under art. III of Law no. 251/2006 amending and supplementing Law no. 188/1999 regarding the statute of civil servants, published in the Official Gazette of Romania, Part I, no. 574 of 4 July 2006, giving a new numbering.
Law. 188/1999 regarding the statute of civil servants was republished in the Official Gazette of Romania, Part I, no. 251 of 22 March 2004 and was subsequently amended by:
- Law no. 164/2004 approving Government Emergency Ordinance no. 123/2003 on wage increases to be granted to public sector employees, published in the Official Gazette of Romania, Part I, no. 446 of 19 May 2004;
- Law no. 344/2004 for the amendment of Art. 27 of Law no. 188/1999 regarding the statute of civil servants, published in the Official Gazette of Romania, Part I, no. 674 of 27 July 2004;
- Government Emergency Ordinance no. 92/2004 regarding the regulation of wages and other rights of civil servants for 2005, published in the Official Gazette of Romania, Part I, no. 1091 of 23 November 2004, approved with amendments by Law no. 76/2005, published in the Official Gazette of Romania, Part I, no. 324 of 18 April 2005;
- State Budget Law for 2005 No. 511/2004 published in the Official Gazette of Romania, Part I, no. 1121 of 29 November 2004;
- State social insurance budget law for 2005 No. 512/2004 published in the Official Gazette of Romania, Part I, no. 1128 of 30 November 2004;
- Government Emergency Ordinance no. 39/2005 for the amendment of Art. 84 of Law no. 188/1999 regarding the statute of civil servants, published in the Official Gazette of Romania, Part I, no. 430 of 20 May 2005, approved by Law no. 228/2005 published in the Official Gazette of Romania, Part I, no. 607 of 13 July 2005;
- State Budget Law for 2006 No. 379/2005 published in the Official Gazette of Romania, Part I, no. 1151 of 19 December 2005;
- State social insurance budget law for 2006 No. 380/2005 published in the Official Gazette of Romania, Part I, no. 1150 of 19 December 2005;
- Government Ordinance no. 2/2006 regarding the regulation of wages and other rights of civil servants for 2006, published in the Official Gazette of Romania, Part I, no. 57 of 20 January 2006, approved with amendments by Law no. 417/2006 published in the Official Gazette of Romania, Part I, no. 951 of 24 November 2006;
- Law no. 442/2006 amending paragraph. (2) art. 15 of Law no. 188/1999 regarding the statute of civil servants, published in the Official Gazette of Romania, Part I, no. 969 of 4 December 2006.
Note
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By Decision no. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015 was admitted the exception of unconstitutionality of the provisions of the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 regarding the statute of civil servants, observing that they are unconstitutional.
According to art. 147 par. (1) of the Constitution republished in the Official Gazette no. 767 of 31 October 2003 the provisions of laws and ordinances in force, as well as the regulations declared unconstitutional, cease their legal effects within 45 days of publication of the decision of the Constitutional Court if, in the meantime, the Parliament or the Government, as the case not agree with the unconstitutional provisions of the Constitution. During this period, the provisions declared unconstitutional are suspended by law.
Therefore, between June 17 2015-1 August 2015, the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 on the status of public (including all amendments resulting from the enactment of Law no. 188/1999, republished with subsequent amendments) were suspended by law, ceasing its legal effects, since 2 August 2015 as the legislature did not intervene to amend the contested provisions.
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Chapter I General Provisions
Article 1
(1) This law regulates legal relations between the general regime of civil servants and state or local government, the autonomous administrative authorities or by public authorities and institutions of the central government and local hereinafter work relations.
(2) The purpose of this law is to ensure, in accordance with the legal provisions, a stable public service, professional, transparent, efficient and impartial, in the interest of citizens and the authorities and public institutions of central and local public administration .
Article 2
(1) Public function means all duties and responsibilities established by law in order to achieve public power prerogatives by the central government, local government and autonomous administrative authorities.
(2) The civil servant is the person named in the law in a public office. The person who has been released from the public and within the body of reserve civil servants retain a public servant.
(3) The activities of civil servants, which involve the exercise of public powers are:
A) enforcement of laws and other normative acts;
B) drafting laws and other regulations specific public authority or institution and ensure their approval;
C) drafting policies and strategies, programs, studies, analyzes and statistics needed for the development and implementation of public policies and the enforcement of laws necessary documentation in order to achieve competence authority or institution;
D) counseling, control and public internal audit;
E) human resource management and financial resources;
F) collecting budgetary claims;
G) to represent the public authority or institution in its relations with individuals or legal entities of public or private, at home and abroad, within the competence established by the head of public authority or institution and representation in court the authority or institution operating public;
H) the performance of activities under the strategy of introducing government.
(4) Public functions are set out in the Annex to this law.
(5) Under this law, all civil servants in the public and autonomous from the authorities and public institutions of central and local public administration is the civil service.
Article 3
Principles underlying the exercise of public functions are:
A) lawfulness, impartiality and objectivity;
B) transparency;
C) efficiency and effectiveness;
D) responsibility, in accordance with the legal provisions;
E) citizen orientation;
F) stability of public office;
G) hierarchical.
Article 4
(1) The service is born and exercised on the basis of the administrative act of appointment, issued under the law.
(2) Exercise of service is carried on indefinitely.
(3) Notwithstanding the provisions of paragraph. (2) execution public functions temporarily vacant for a period of at least one month can be employed for a fixed period, such as:
A) the redeployment of civil servants from the reserve body meeting the specific conditions for occupying the respective public;
B) fixed-term appointment, through competition law, where the body up there civil servants who meet specific requirements to be redeployed in accordance with the provisions laid down under a). The person appointed under these conditions becomes the only civil servant in this period and do not benefit from the termination of service of the right to enter the reserve body of civil servants.
Article 5
(1) Can Special status civil servants who work in the following public services:
A) the structures of the Romanian Parliament;
B) the structures of the Presidential Administration;
C) the structures of the Legislative Council;
D) diplomatic and consular services;
E) the customs authority;
F) the police and other structures of the Ministry of Interior and Administrative Reform;
G) other public services established by law.
(2) the special rules laid down in para. (1) may regulate:
A) rights, duties and specific incompatibilities other than those stipulated by this law;
B) specific public functions.
(3) If the special statutes applicable to diplomatic and consular services as well as police and other structures of the Ministry of Interior and Administrative Reform, special provisions may regulate provisions similar to those provided in par. (2) and on career.
Article 6
Provisions of this law shall not apply:
A) contractual staff employed from within the public authorities and institutions, performing secretarial, administrative, protocol, housekeeping, maintenance, repairs and maintenance, security and other staff not exercising State public. Persons in these positions have a public servant and labor laws apply;
B) employee personnel hired on basis of personal trust dignitary's cabinet;
C) the judiciary;
D) teachers;
E) persons appointed or elected public positions.
Chapter II Classification of public functions.
Categories of civil servants
Article 7
(1) Public functions are classified as follows:
A) General public functions and specific public functions;
B) public officials in grade, public officials in grade II, public functions Class III;
C) public office in the state, territorial public offices and local public officials.
(2) General public functions means all duties and responsibilities of a general and common to all public authorities and institutions in pursuit of their general competence.
(3) The specific public assembly is more specific duties and responsibilities of public authorities and institutions established to achieve their respective powers, or that require specific skills and responsibilities.
(4) equating public functions specific to the general public functions under the law is made by the special rules laid down in art. 5 paragraph. (1) or, on a proposal from public authorities and institutions, the National Agency of Civil Servants.
Article 8
(1) The functions of state government are public functions established and approved by law in the ministries, specialized bodies of the central government and the autonomous administrative authorities.
(2) territorial public functions are public functions established and approved according to the law, the institution of the prefect, decentralized public services of ministries and other central government bodies of administrative-territorial units.
(3) local government functions are public functions established and approved by law in the apparatus of local authorities and public institutions subordinated to them.
Article 9
Public functions are divided into three classes, defined in relation to public education level necessary for employment, as follows:
A) Class I includes public offices whose employment is asking for undergraduate studies attested by a diploma or university degree lengthy graduated with a bachelor's degree or equivalent;
B) Class II includes civil service employment which are required to graduate short, attested by a diploma;
C) Class III includes public functions whose employment is sky high school or high-school studies, completed baccalaureate degree.
Article 10
(1) Following the holder of public office duties, public functions are divided into three categories as follows:
A) public positions corresponding to the category of senior civil servants;
B) public positions corresponding to the category of leading civil servants;
C) public positions corresponding to the category of civil servants execution.
(2) Civil servants appointed to public office in Classes II and III can handle only public execution functions.
Article 11
(1) Civil servants are juniors or permanent.
(2) can be called public servants debutants people who passed the test for public office professional grade debutant.
(3) may be appointed permanent civil servants:
A) junior civil servants who carried out the internship period prescribed by law and obtained the appropriate outcome evaluation;
B) persons entering the civil service through competition and have the work experience necessary for employment in the positions public at least 12 months, 8 months and 6 months respectively, depending on the level of education completed.
Article 12
Senior civil servants category includes persons who are appointed to one of the following public officials:
A) general secretary and deputy general secretary of the Government of the Government;
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Lit. a) art. 12 was put into force by rejecting the Emergency Ordinance no. 3 of 11 February 2009, published in the Official Gazette no. 84 of 11 February 2009 by Law no. 379 of 10 December 2009 published in the Official Gazette no. 870 of 14 December 2009.
B) general secretary in ministries and other specialized bodies of the central public administration;
C) prefect;
D) deputy secretary general of ministries and other bodies of the central government;
E) sub-prefect;
F) government inspector.
Article 13
(1) Category leading civil servants nominations contain one of the following public officials:
A) general director and deputy general manager of the unit autonomous administrative authorities, ministries and other specialized bodies of the central government, as well as specific public functions like character;
B) director and deputy director of the unit autonomous administrative authorities, ministries and other specialized bodies of the central government, as well as specific public functions like character;
C) secretary of the territorial-administrative unit *);
D) Executive Director and Deputy Executive Director of decentralized public services of ministries and other specialized bodies of the central public administration in territorial-administrative units, the institution of the prefect, in the apparatus of the local public authorities and institutions their subordinated and assimilated into specific public functions;
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Lit. d) of par. (1) art. 13 was amended by section. 1 of art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009. Pt. 1 of art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 and ceased its legal effects as the Constitutional Court Decision no. 1629 3 December 2009 published in the Official Gazette no. 28 of 14 January 2010 Pct. 1, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 was repealed by section. 1 of art. LAW no unique. 264 of 22 December 2010, published in the Official Gazette no. 872 of 28 December 2010.
Lit. d) of par. (1) art. 13 returned to the official form.
E) Head of Service, as well as specific public functions assimilated;
F) head office, as well as specific public functions assimilated.
(2) In the autonomous administrative authorities and public offices may be established in para. (1) e) and f) and other public functions set out in the specific regulations.
(3) Public functions provided in par. (1) a) may be established by the authorities and public institutions of local government who have a minimum of 150 posts.
Article 14
(1) are execution civil servants from nominations grade general public the following functions: advisor, legal advisor, auditor, expert, inspector, and specific public functions assimilated.
(2) execution of civil servants are second class of persons appointed as expert reviewer general public and in specific public functions assimilated.
(3) civil servants are running Class III individuals appointed as reviewer general public and in specific public functions assimilated.
Article 15
Public execution functions are professional grades, as follows:
A) higher as a maximum;
B) principal;
C) assistant;
D) rookie.
Chapter III category
senior civil servants
Article 16
(1) Senior civil servants performed senior management in central government and the autonomous administrative authorities.
(2) To hold public office for the category of senior civil servants person must meet the following conditions:
A) referred to in Art. 54;
B) undergraduate studies attested by a diploma or university degree lengthy graduated with a bachelor's degree or equivalent;
C) at least 5 years of service in the positions necessary exercise of public functions;
D) has completed specialized training programs for public office for the category of senior civil servants or exercised a full term of parliament *);
E) passed the national competition for entry into the category of senior civil servants.
(3) public office referred to in art. 12 letter a), b) and d) can establish specific conditions or procedures under the law.
Article 17
Specialized training programs for public office for the category of senior civil servants is organized under the law.
Article 18
(1) Entry into the category of senior civil servants is done through the national competition. Recruiting is done by a standing committee, independent, composed of 7 members appointed by the Prime Minister. Commission members have fixed terms of 10 years and a half and are rotated.
(2) Persons who have passed the national contest provided in par. (1) may be appointed to public office for the category of senior civil servants.
(3) The structure, criteria for appointing the members, competences and the organization and functioning of the committee referred to in para. (1) shall be established by Government decision on a proposal from the National Agency of Civil Servants.
Article 19
(1) Appointment, modification, suspension, termination of service and disciplining senior civil servants are under the law, by:
A) Government public functions referred to in art. 12 letter a), c) and e);
B) the Prime Minister of the public functions referred to in art. 12 letter b), d) and f).
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Alin. (1) art. 19 returned to pre Emergency Ordinance no. 3 of 11 February 2009, published in the Official Gazette no. 84 of 11 February 2009 by rejecting this law by Law no. 379 of 10 December 2009 published in the Official Gazette no. 870 of 14 December 2009.
(2) Appointment to public office under Art. 12 letter a), b) and d) is made of individuals who meet the requirements of Art. 16 para. (2) and (3).
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Alin. (2) art. 19 returned to pre Emergency Ordinance no. 3 of 11 February 2009, published in the Official Gazette no. 84 of 11 February 2009 by rejecting this law by Law no. 379 of 10 December 2009 published in the Official Gazette no. 870 of 14 December 2009.
(3) When in dismissal, senior civil servants are entitled to material compensation, established by law on the unitary pay of civil servants.
Article 20
(1) Evaluation of the professional performances of the senior civil servants is done annually, according to the law.
(2) The overall assessment of senior civil servants is done every two years, in order to confirm their professional knowledge, skills and abilities required for the performance of public service.
(3) Senior civil servants have an obligation to undergo annual training courses under the law.
(4) The annual assessment under par. (1) the general evaluation in para. (2) shall be made by an evaluation committee, whose members are appointed by the Prime Minister, the Minister of Interior and Administrative Reform proposal.
Chapter IV Management of public functions and civil servants
Section 1
National Agency of Civil Servants
Article 21
(1) To create and develop a corps of professional civil servants, stable and impartial is established under the Ministry of Interior and Administrative Reform, the National Agency of Civil Servants, a specialized body of central public administration, with legal personality.
(2) The National Agency of Civil Servants is led by a president with the rank of Secretary of State, appointed by the Prime Minister, the Minister of Interior and Administrative Reform proposal. In exercising his duties, the president of the National Agency of Civil Servants issue orders with normative and individual character.
(3) The National Agency of Civil Servants is financed from the state budget.
Article 22
(1) The National Agency of Civil Servants shall:
A) develop policies and strategies on management of the public and civil servants;
B) develops and approves draft laws on civil service and civil servants;
C) monitors and controls the enforcement of the civil and public servants in public authorities and institutions;
D) develop common rules, applicable to all public authorities and institutions, the civil service and instructions on uniform application of legislation in the field of public and civil servants;
E) elaborates draft law on the establishment of a unitary pay system for civil servants;
F) establishes the criteria for evaluating the work of public servants;
G) centralizes proposals for training civil servants, established as a result of individual professional performance evaluation of civil servants;
H) collaborate with the National Institute of Directors *) to establish specific theme specialized training programs in public administration and training of civil servants;
Note
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*) See letter b) the art. 57 Cap. IX of Law no. 329 of 5 November 2009, published in Official Gazette no. 761 of 9 November 2009.
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I) prepares and manages the database containing records of public functions and civil servants;
J) make recruitment and promotion of public functions for organizing the competition, monitor recruitment and promotion for other public functions under this Act;
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Lit. j) paragraph. (1) art. 22 amended by section. 1 of art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
j ^ 1) organizes competitions and exams for vacant leading public office, as stipulated in art. 58;
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Lit. j ^ 1) of par. (1) art. 22 was introduced by pt. 2 of art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
j ^ 2) suspend organize and conduct competitions under the law;
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Lit. j ^ 2) of par. (1) art. 22 was introduced by pt. 2 of art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
K) performs redistribution civil servants whom they have ceased for reasons beyond their service;
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Lit. k) of par. (1) art. 22 returned to form formal termination due to legal effects of the Emergency Ordinance no. 82 of 27 August 2013, published in the Official Gazette no. 549 of 29 August 2013, following the declaration of this normative act unconstitutional by the Constitutional Court Decision. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015
Emergency Ordinance no. 82 of 27 August 2013, published in Official Gazette no. 549 of 29 August 2013 was dismissed by art. LAW no unique. 36 of 22 March 2016 published in the Official Gazette no. 220 of 24 March 2016. Therefore, lit. k) of par. (1) art. 22 returns to its previously envisaged amendment by this emergency ordinance.
Note
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By Decision no. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015 was admitted the exception of unconstitutionality of the provisions of the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 regarding the statute of civil servants, observing that they are unconstitutional.
According to art. 147 par. (1) of the Constitution republished in the Official Gazette no. 767 of 31 October 2003 the provisions of laws and ordinances in force, as well as the regulations declared unconstitutional, cease their legal effects within 45 days of publication of the decision of the Constitutional Court if, in the meantime, the Parliament or the Government, as the case not agree with the unconstitutional provisions of the Constitution. During this period, the provisions declared unconstitutional are suspended by law.
Therefore, between June 17 2015-1 August 2015, the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 on the status of public (including all amendments resulting from the enactment of Law no. 188/1999, republished with subsequent amendments) were suspended by law, ceasing its legal effects, since 2 August 2015 as the legislature did not intervene to amend the contested provisions.
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L) provides specialized assistance and methodological coordinates human resources departments of the authorities and central and local government institutions;
M) participate in negotiations between trade unions representing civil servants and the Ministry of Interior and Administrative Reform;
N) collaborates with bodies and international organizations in its field;
A) shall annually in consultation with public authorities and institutions, civil service employment plan, to be submitted to the Government *);
P) prepare the annual report on the management of public functions and civil servants, which they present to the Government;
Q) notes offenses and sanctions under the law.
(2) The National Agency of Civil Servants perform any other duties established by law.
(3) National Agency of Civil Servants has standing to bring and can notify the administrative court with jurisdiction:
A) acts by public authorities or institutions which violate the law on public function and civil servants, established as a result of their control activities;
B) refusal of the authorities and public institutions to apply the legal provisions of the civil service and civil servants.
(4) The contested par. (3) is suspended by law.
(5) The President of the National Agency of Civil Servants may refer prefect in connection with illegal acts issued by local authorities or public institutions.
Article 22 ^ 1
National Agency of Civil Servants suspend organizing the competition or, where appropriate, to examination in the following cases:
A) where before it and it no legal conditions on the organization of competitions for recruitment and promotion in public positions within public authorities and institutions;
B) public authority or institution has not provided the National Agency of Civil Servants civil service employment plan, according to Art. 23 para. (4) and (5);
C) public authority or institution that organizes the contest or examination has not obtained the opinion of the National Agency of Civil Servants, according to Art. 107.
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Art. 22 ^ 1 was introduced pt. 3 of Art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
Article 23
(1) Plan sets occupying public functions:
A) the maximum number of public functions reserved to promote civil servants;
B) the maximum number of public servants will be reserved in order to promote fast;
C) the maximum number of public positions that will be filled by recruitment;
D) the maximum number of public servants will be established;
E) the maximum number of public servants will be reorganized;
F) the maximum number of positions in each class, category and pay grade;
G) the maximum number of leading public positions and public functions pertinent to senior civil servants.
(2) civil service employment plan is developed annually in consultation with representative trade unions of civil servants, thus:
A) by the National Agency of Civil Servants, based on proposals of the principal loan for public authorities and institutions of the central government;
B) by the mayor or, where appropriate, by the president of the county council by the specialist for public authorities and institutions of local government.
(3) civil service employment plan is drawn up centrally on the main credit each and every institution subordinated thereto or funded by its budget.
(4) In the situation provided in par. (2) a) civil service employment plan approved by Government decision. In the situation provided in par. (2) b) plan of occupying public functions be approved by decision of the local council or county council.
(5) For public authorities and institutions of local government, the project plan to fill public positions is transmitted National Agency of Civil Servants 45 days before the date of approval. In case the National Agency of Civil Servants found irregularities in its structure, authorities or public institutions are obliged to amend the draft plan to fill public positions, based on the observations of the National Agency of Civil Servants in accordance with the law.
Article 24
Current management of human resources and public functions is organized and carried out, within each public authority and institution by a specialized department, who work directly with the National Agency of Civil Servants.
Section 2
a
records of public functions and civil servants
Article 25
(1) The National Agency of Civil Servants manages national records of public functions and civil servants, based on data submitted by public authorities and institutions.
(2) Evidence of public functions and civil servants take within each public authority or institution, according to the format established by the National Agency of Civil Servants. Public authorities and institutions have the obligation to send the National Agency of Civil Servants all information contained in the records of public functions and civil servants within them.
(3) In order to ensure effective management of human resources and tracking career civil servant, public authorities and institutions draw professional record for each civil servant.
(4) The standard format of the records of public functions and civil servants and professional content of the dossier shall be established by Government decision on a proposal from the National Agency of Civil Servants.
Article 26
(1) public authorities and institutions responsible for compiling and updating the professional records of civil servants and ensure their safe keeping.
(2) In cases of transfer or termination of service, public authority or institution shall keep a copy of the original given to the professional and civil servant, a signature.
(3) public authorities and institutions are required to notify the National Agency of Civil Servants, within 10 days, any change in the situation of civil servants.
(4) Persons having access to data in the national records of public functions and civil servants and the civil servants' professional duty to maintain the confidentiality of personal data under the law.
(5) At the request of the civil servant, public authority or institution shall issue a document certifying the work done by this seniority in the specialty and in the public.
Chapter V
rights and responsibilities
Section 1
rights of civil servants
Article 27
(1) The right of public servants is guaranteed opinion.
(2) Any discrimination between civil servants on political, trade union membership, religious, ethnic, gender, sexual orientation, financial status, social origin or any other such nature.
Article 28
Public official has the right to be informed of the decisions taken pursuant to this statute and targeting it directly.
Article 29
(1) The right of trade union association is guaranteed to civil servants.
(2) Civil servants freely to establish trade unions, to join them and to exercise any mandate within them.
(3) If the senior civil servants or public servants who act as authorizing officers are elected in the leadership of the trade unions, they are obliged within 15 days of the election management bodies of trade unions to opt for one of the two functions. If the public official opts for the work of office in the trade unions, the service thereof shall be suspended for a period equal to the tenure of office of the union.
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Alin. (3) art. It amended by section 29. 1 of art. unique Emergency Ordinance no. 125 of 8 October 2008, published in Official Gazette no.
694 of 13 October 2008. (3 ^ 1) Civil servants, other than those referred to in para. (3) can simultaneously hold public office and function of the board of trade unions, with the obligation to observe the regime of incompatibilities and conflicts of interest applicable to them.
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Alin. (3 ^ 1) of art. 29 was introduced by pt. 2 of art. unique Emergency Ordinance no. 125 of 8 October 2008, published in Official Gazette no. 694 of 13 October 2008.
(4) Civil servants can join professional organizations or other organizations that protect their professional interests.
Article 30
(1) Civil servants shall have the right to strike by law.
(2) Civil servants who are on strike do not receive salary and other salary rights during the strike.
Article 31
(1) For the activity, civil servants are entitled to a salary composed of:
A) basic salary;
B) bonus for seniority;
C) repealed;
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Lit. c) the par. (1) art. Section 31 was repealed. 14, art. 49 Cap. VI of the Framework Law no. 330 of 5 November 2009, published in Official Gazette no. 762 of 9 November 2009.
D) repealed.
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Lit. d) of par. (1) art. Section 31 was repealed. 14, art. 49 Cap. VI of the Framework Law no. 330 of 5 November 2009, published in Official Gazette no. 762 of 9 November 2009.
(2) Civil servants receive bonuses and other salary rights under the law.
(3) The remuneration of civil servants in accordance with the law establishing the unitary pay system for civil servants.
Article 32
Civil servants who by law are required to wear uniform during the service they receive free.
Article 33
(1) The normal working hours for civil servants is usually 8 hours per day and 40 hours per week.
(2) hours worked in the public authority or institution driver available over the normal working time or declared public holidays or weekends executive civil servants are entitled to recovery or to pay plus a bonus of 100 % of basic salary. The number of hours paid 100% increase may not exceed 360 per year. *)
Note
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*) Up to 31 December 2005 concerning the granting overtime provisions were suspended by the Government Emergency Ordinance no. 92/2004 regarding the regulation of wages and other rights of civil servants for 2005, approved with amendments by Law no. 76/2005.
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Article 34
(1) Civil servants may be elected or appointed to a public dignity under the law.
(2) Senior civil servants and leading civil servants may be appointed to public positions only after the termination, in terms of the relations of service.
(2 ^ 1) Notwithstanding par. (2), public management may be appointed to public positions within the public authorities or institutions of the central government in which it operates, as well as from public authorities or institutions reporting lines under it.
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Alin. (2 ^ 1) of art. Section 34 was introduced. 5 of art. I of Law no. 132 of 18 July 2012 published in the Official Gazette no. 498 of 19 July 2012, which supplements the Emergency Ordinance no. 16 of 8 May 2012, published in Official Gazette no. 314 of 10 May 2012, art. XV.
(3) Senior civil servants and leading civil servants may run for public positions only after the termination, in terms of the relations of service.
Article 35
(1) Civil servants are entitled under the law on annual leave, sick leave and other leaves.
(2) Repealed.
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Alin. (2) art. 35 was repealed by letter d) of art. 39 of the Framework Law no. 284 of December 28, 2010 published in the Official Gazette no. 877 of 28 December 2010.
Article 36
During sick leave, maternity leave and those for raising and caring for children, the service can not be discontinued and can not be altered unless the initiative of the civil servant concerned.
Article 37
Public authorities and institutions are required to ensure normal working conditions of civil servants and hygiene, such as to protect their health and physical and mental integrity.
Article 38
Civil servants have care, prosthetics and medications under the law.
Article 39
Civil servants receive pensions and other social insurance rights under the law.
Article 40
(1) In case of death of the civil servant, family members, who, by law, entitled to a survivor's pension, receive a 3 month period equivalent to the basic salary of the last month of activity civil servant died.
(2) If the decision for the survivor's pension has not been issued fault authority or public institution within 3 months from the date of death, it will pay off down the rights referred to in para. (1) to issue the decision for a survivor's pension.
Article 41
(1) Civil servants benefit in exercising their legal protection.
(2) authority or public institution is obliged to protect civil servant against threats, violence, insults which might be a victim of public office or in relation thereto. To guarantee this right, public authority or institution shall request the competent bodies according to the law.
(3) Special measures of protection for civil servants with control and inspection, enforcement of budgetary receivables and other categories of public servants performing highly professional risk are established by legislation to National Agency of Civil Servants proposal or by public authorities and institutions, with the approval of the National Agency of Civil Servants.
Article 42
Authority or public institution is obliged to compensate the civil servant where he suffered the fault of the public authority or institution material injury during the performance of their duties.
Section 2
duties of civil servants
Article 43
(1) Civil servants are obliged to fulfill their professionalism, impartiality and in accordance with law duties and to refrain from any act that could harm natural or legal persons or the prestige of the civil service.
(2) Management civil servants are obliged to support the proposals and initiatives forwarded by the subordinate staff to improve the business public authority or institution in which they operate and the quality of public services provided to citizens.
(3) Civil servants have the duty to observe the rules of professional conduct and civic provided by law.
Article 44
(1) Civil servants are forbidden to occupy leading positions in structures or bodies, elected or appointed, political parties, as defined by their status, organizations whom it applies the same legal status as political parties foundations or associations that are attached to political parties.
(2) Senior civil servants are forbidden to join political parties, organizations whom it applies the same legal status as political parties or foundations or associations that are attached to political parties.
(3) Civil servants shall, in the exercise of their duties, to refrain from publicly expressing their political beliefs and preferences, should not favor any political party or any organization to which they apply the same regime as legal political parties.
Article 45
(1) Civil servants are responsible by law for carrying out their duties of public office they hold and the powers delegated to them.
(2) The civil servant is obliged to comply with the orders received from superiors.
(3) public official has the right to refuse in writing and motivated, fulfilling orders received from superiors, they considered illegal. If the originator available formulate in writing the civil servant is obliged to execute it, unless it is manifestly illegal. The public official has the duty to inform the superior of the person who issued the disposal of such cases.
Article 46
Civil servants are obliged to keep state secret, secrecy and the confidentiality of facts, information or documents which they receive in public office, under the law, except for public information.
Article 47
(1) Civil servants are forbidden to solicit or accept, directly or indirectly, for themselves or for others, in consideration of their public office, gifts or other benefits.
(2) The appointment to public office, as well as termination of service, civil servants are obliged to submit to the law, public authority or institution driver declaration of assets. Annually updated declaration of assets law.
Article 48
(1) Civil servants have an obligation to address the deadline set by superiors, works distributed.
(2) Civil servants are not directly receive applications whose solutions within their competence or discuss directly with complainants, except those to whom such powers are established and to intervene to resolve these requests.
Article 49
Civil servants are obliged to observe the legal regime of conflict of interest and incompatibilities established by law.
Section 3
a
professional development of civil servants
Article 50
Civil servants have the right and obligation to continuously improve skills and training.
Article 51
(1) public authorities and institutions are obliged to provide in their annual budget needed to cover the costs of professional civil servants organized at the initiative or in the interest of public authority or institution.
(2) During the civil servants attending specialized professional training, receive their due pay, if they are:
A) organized at the initiative or in the interest of public authority or institution;
B) attended at the civil servant's initiative, with the consent authority head or institution.
(3) Civil servants attending specialized professional training, the duration of which exceeds 90 days in a calendar year, held in the country or abroad, financed from the state budget or local budget, are required to an undertaking in writing that they will work in public administration between 2 and 5 years after the programs in proportion to the number of professional development days, if the scheme is not provided for another time.
(4) Civil servants who undergo professional trainings, under par. (3) whose work relations cease, according to art. 97 lit. b) d) and e) of art. 98 para. (1) f) and g) or Article. 99 para. (1) d) before the deadline set are required to repay the equivalent costs incurred for training and, where necessary, improve the remuneration received during the period, calculated in accordance with the law in proportion to the remainder of the deadline.
(5) Para. (4) does not apply if the public official does not hold public office for reasons beyond it.
(6) If the people who attended any training, but did not graduate a fault, are required to repay the equivalent institution or public authority expenditure for training and the remuneration received during Development, calculated according to the law if they were supported by the public authority or institution.
Article 52
There are forms of professional development and can not be financed from the state budget or the budget of local university or doctoral studies.
Article 53
Public authorities and institutions are obliged to report on the National Agency of Civil Servants under the law, professional training plan for civil servants, and the funds provided in its annual budget to cover the costs of professional training of civil servants, organized initiative or in the interest of public authority or institution.
Chapter VI
career civil servants
Section 1
recruitment of civil servants
Article 54
May hold public office a person who meets the following conditions:
A) has Romanian citizenship and residence in Romania;
B) knows the Romanian language, written and spoken;
C) has at least 18 years old;
D) has full legal capacity;
E) has a health condition corresponding to the public for candidates, based on proven medical examination;
F) meets the studies provided by law for public office;
G) meets the specific conditions for occupying public office;
H) has been convicted for crimes against humanity against the State or against authority, and service corruption offenses, offenses that impede the course of justice, forgery or an offense committed intentionally that would make it incompatible with public office;
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Lit. h) of art. Article 54 has been amended. 72 Title II of Law no. 187 of 24 October 2012, published in Official Gazette no. 757 of 12 November 2012.
I) it has not been compulsorily retired from public office or individual employment contract has expired for disciplinary reasons in the last 7 years;
J) did not conduct political police activities, as defined by law.
Article 55
Vacancies and temporarily vacant public functions can only be made under this law.
Article 56
Public office is by:
A) promotion;
B) transfer;
C) redistribution;
----------
Lit. c) art. 56 returned to form formal termination due to legal effects of the Emergency Ordinance no. 82 of 27 August 2013, published in the Official Gazette no. 549 of 29 August 2013, following the declaration of this normative act unconstitutional by the Constitutional Court Decision. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015
Emergency Ordinance no. 82 of 27 August 2013, published in Official Gazette no. 549 of 29 August 2013 was dismissed by art. LAW no unique. 36 of 22 March 2016 published in the Official Gazette no. 220 of 24 March 2016. Therefore, lit. c) art. 56 returns to its previously envisaged amendment by this emergency ordinance.
Note
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By Decision no. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015 was admitted the exception of unconstitutionality of the provisions of the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 regarding the statute of civil servants, observing that they are unconstitutional.
According to art. 147 par. (1) of the Constitution republished in the Official Gazette no. 767 of 31 October 2003 the provisions of laws and ordinances in force, as well as the regulations declared unconstitutional, cease their legal effects within 45 days of publication of the decision of the Constitutional Court if, in the meantime, the Parliament or the Government, as the case not agree with the unconstitutional provisions of the Constitution. During this period, the provisions declared unconstitutional are suspended by law.
Therefore, between June 17 2015-1 August 2015, the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 on the status of public (including all amendments resulting from the enactment of Law no. 188/1999, republished with subsequent amendments) were suspended by law, ceasing its legal effects, since 2 August 2015 as the legislature did not intervene to amend the contested provisions.
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D) recruitment;
E) other means provided expressly by law.
Article 57
(1) The recruitment for entry into the civil service is by competition, within the vacant public reserved for this purpose by civil service employment plan.
(2) The conditions for participation and the procedure for organizing the competition shall be established by law.
(3) The contest is based on the principles of open competition, transparency, professional merit and competence and that of equal access to public service for every citizen who meets the legal requirements.
(4) The announcement of the contest will be published in the Official Gazette of Romania, Part III, and in a widely circulated daily, at least 30 days before the date of the competition. Exceptionally, the 30 days may be reduced under the law to contest organized to fill temporarily vacant public functions execution.
(5) The minimum length of service in the positions needed to participate in the contest organized recruitment for public office execution be such:
A) one year in the positions necessary exercise of public functions for public office executive assistant professional grade class I, 8 months for public office executive assistant professional grade class II or 6 months for public office executive assistant professional grade class III;
B) five years in the positions necessary exercise of public functions for public office executive professional grade principal;
C) nine years in the positions necessary exercise of public functions for public office execution of higher professional degree.
(6) The minimum length of service in the positions needed to participate in the contest organized recruitment for public office be such leadership:
A) two years in the positions necessary for exercising a public function, leading to public office: Head office, head office and secretary of the commune *) and specific public functions like character;
B) 3 years in the positions necessary for exercising a public function, leading to public office other than those referred to a).
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Lit. b) to par. (6) of art. Section 57 has been amended. 4 of art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
(7) To participate in the competition organized recruitment for public office leadership, candidates must have completed masters or postgraduate studies in public administration, management or in the positions necessary exercise of public functions **).
Article 58
(1) recruitment contest for vacancies in central public authorities and institutions organized under the law, as follows:
A) by the committee referred to in art. 18 para. (1) for senior civil servants. Technical Secretariat of the Committee shall be provided by the National Agency of Civil Servants;
B) by the National Agency of Civil Servants, leading to public office and targets;
C) by public authorities and institutions, with the approval of the National Agency of Civil Servants for public office execution and targets.
(2) recruitment contest for vacancies in public authorities and institutions of local government is organized under the law, as follows:
A) by the National Agency of Civil Servants, public management functions in the following areas: child protection, evidence of the person, internal audit, finance and accounting, planning and architecture, human resources, European integration, for secretaries administrative-territorial units and public functions execution of the public internal audit;
B) by the public authorities and institutions for vacancies other than those referred to a).
(3) In the situation provided in par. (2) b) public authorities and institutions of local government are obliged to inform the National Agency of Civil Servants 10 days before starting the procedure for organizing and conducting competitions. In case the National Agency of Civil Servants notes that are not legal conditions on the organization of competitions postponing or suspending organizing the competition.
(4) The National Agency of Civil Servants may delegate the authorities or public institutions, under the law, the power to organize competitions for recruitment for public office in general management and specific.
----------- Art. It amended by section 58. 4 of art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 Pct. 4 of art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 and ceased its legal effects as the Constitutional Court Decision no. 1629 3 December 2009 published in the Official Gazette no. 28 of 14 January 2010 Pct. 4 of art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 was repealed by section. 1 of art. LAW no unique. 264 of 22 December 2010, published in the Official Gazette no.
872 of 28 December 2010. Art. 58 returned to the official form.
(4) The notice shall include the following mandatory following:
A) identifying vacant public by name, category, class and, where appropriate, professional grade and department they belong;
B) the conditions for specialist training and, where appropriate, other specific conditions set out in the job description for each vacant public;
C) the proposed date for organizing the competition.
(5) Within 10 days, the National Agency of Civil Servants check the database records of public functions and civil servants if there are public servants who meet the requirements to be redeployed.
----------
Alin. (5) art. 58 returned to form introduced by Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010, due to termination of the legal effects of the Emergency Ordinance no. 82 of 27 August 2013, published in the Official Gazette no. 549 of 29 August 2013, following the declaration of this normative act unconstitutional by the Constitutional Court Decision. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015
Emergency Ordinance no. 82 of 27 August 2013, published in Official Gazette no. 549 of 29 August 2013 was dismissed by art. LAW no unique. 36 of 22 March 2016 published in the Official Gazette no. 220 of 24 March 2016. Therefore, para. (5) art. 58 returns to its previously envisaged amendment by this emergency ordinance.
Note
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By Decision no. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015 was admitted the exception of unconstitutionality of the provisions of the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 regarding the statute of civil servants, observing that they are unconstitutional.
According to art. 147 par. (1) of the Constitution republished in the Official Gazette no. 767 of 31 October 2003 the provisions of laws and ordinances in force, as well as the regulations declared unconstitutional, cease their legal effects within 45 days of publication of the decision of the Constitutional Court if, in the meantime, the Parliament or the Government, as the case not agree with the unconstitutional provisions of the Constitution. During this period, the provisions declared unconstitutional are suspended by law.
Therefore, between June 17 2015-1 August 2015, the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 on the status of public (including all amendments resulting from the enactment of Law no. 188/1999, republished with subsequent amendments) were suspended by law, ceasing its legal effects, since 2 August 2015 as the legislature did not intervene to amend the contested provisions.
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(6) Given that there are civil servants who can be redeployed, the National Agency of Civil Servants The authorities and public institutions appointment of a procedure, civil servant, representative of its competition commission. Responsible for the legal procedure checks the conditions of organizing and conducting competitions and satisfies the other relevant activities of membership in the competition commission.
----------
Alin. (6) of art. 58 returned to form introduced by Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010, due to termination of the legal effects of the Emergency Ordinance no. 82 of 27 August 2013, published in the Official Gazette no. 549 of 29 August 2013, following the declaration of this normative act unconstitutional by the Constitutional Court Decision. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015
Emergency Ordinance no. 82 of 27 August 2013, published in Official Gazette no. 549 of 29 August 2013 was dismissed by art. LAW no unique. 36 of 22 March 2016 published in the Official Gazette no. 220 of 24 March 2016. Therefore, para. (6) of art. 58 returns to its previously envisaged amendment by this emergency ordinance.
Note
──────────
By Decision no. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015 was admitted the exception of unconstitutionality of the provisions of the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 regarding the statute of civil servants, observing that they are unconstitutional.
According to art. 147 par. (1) of the Constitution republished in the Official Gazette no. 767 of 31 October 2003 the provisions of laws and ordinances in force, as well as the regulations declared unconstitutional, cease their legal effects within 45 days of publication of the decision of the Constitutional Court if, in the meantime, the Parliament or the Government, as the case not agree with the unconstitutional provisions of the Constitution. During this period, the provisions declared unconstitutional are suspended by law.
Therefore, between June 17 2015-1 August 2015, the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 on the status of public (including all amendments resulting from the enactment of Law no. 188/1999, republished with subsequent amendments) were suspended by law, ceasing its legal effects, since 2 August 2015 as the legislature did not intervene to amend the contested provisions.
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(7) Officer of the case expeditiously notify the National Agency of Civil Servants in the event of failure by public authorities and institutions of the procedure for organizing and conducting competitions. Based on the analysis made by the head of the referral of the case, the National Agency of Civil Servants suspend organizing the competition.
(8) responsible for the procedure can be designated from the National Agency of Civil Servants or the prefect institution, based on proposals prefects.
----------
Alin. (4) - (8) of art. 58 were introduced by pt. 5 of art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
Article 59
Competition for admission to the programs organized under the law for the status of public manager is organized and managed by the relevant institutions by law to organize such programs, endorsed by the National Agency of Civil Servants.
Section 2
internship period
Article 60
(1) The internship is to verify professional skills and responsibilities in carrying out a public function, job training of junior civil servants and their knowledge of the specifics of public administration and its requirements.
(2) The internship period is 12 months for executive civil servants in Class I, 8 months for Class II and 6 months for Class III.
Article 61
(1) On completion of the probation period, based on the outcome of the evaluation, the junior civil servant will be:
A) permanently appointed public official execution in the appropriate class graduated studies in public functions referred to in art. 14, assistant professional degree;
B) dismissed from the public, if the result of the evaluation work qualification "inappropriate".
(2) In the case under para. (1) b) the period of internship is not required age for public office.
Section 3
a
appointment of civil servants
Article 62
(1) Appointment to public category of senior civil servants shall be in accordance with art. 19 para. (1).
(2) Appointment to public leadership contest which is organized under art. 58 para. (1) b) is made by an administrative act by the heads of public authorities or institutions of central and local public administration, the proposal of the National Agency of Civil Servants.
----------
Alin. (2) art. It amended by section 62. 6 of art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
(3) Appointment to public competition which is organized under art. 58 para. (1) c) is an administrative act by public authorities and institutions leaders of central and local public administration who organized the contest.
----------
Alin. (3) art. It amended by section 62. 6 of art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
(4) The administrative act of appointment has written and contain legal grounds for appointment, the name of the civil servant, public function name, the date from which to start performing public function, the remuneration and the place of work .
(5) public function related job description is attached to the administrative act of appointment and a copy thereof shall be given to public servants.
(6) Upon entry into the civil service, the public official oath of allegiance within 3 days of issuing the act of appointment to a public final. The oath has the following formula: "I swear to respect the Constitution, the rights and fundamental freedoms, to apply correctly and without bias laws of the country, to conscientiously fulfill the duties of my obligations in the public that I was appointed to professional secrecy to respect the rules of professional conduct and civic. So help me God. " The religious end will respect freedom of religion.
(7) oath provided in par. (6) shall be in writing. Refusal to take oath shall be in writing and shall entail the cancellation of the administrative act of appointment to public office. The obligation of organizing the oath belongs to the person who has the legal competence to appoint.
Section 4
a
promotion and performance appraisal of civil servants
Article 63
The career civil servant can promote public function under the law. Promoting the classroom and promoting professional degrees are not subject to the existence of a vacancy.
----------
Art. It amended by section 63. 1 of art. 41 of the Framework Law no. 284 of 28 December 2010, published in Official Gazette no. 877 of 28 December 2010.
Article 64
(1) Promotion is a method of career development through higher public office.
(2) Promotion in the public execution in the next higher grade of civil servant is held by competitive examinations organized biannually by the authorities and public institutions by making the position held by the civil servant after successfully contest or exam. The job description of the civil servant promoted to complement public with new powers and responsibilities or, where appropriate, by increasing the complexity of tasks performed.
----------
Alin. (2) art. It amended by section 64. 7 of art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
Article 65
(1) competition or promotion examination in professional degree is organized by the public authority or institution, within public functions reserved to promote, without exceeding the budget funds.
----------
Alin. (1) art. It amended by section 65. 8 of art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
(2) To participate in the contest or promotion exam grade of immediately above the one held public official must meet the following conditions:
A) have at least 3 years experience in the professional degree of the function of promoting public;
B) repealed;
----------
Lit. b) to par. (2) art. Section 65 was repealed. 2 of art. 41 of the Framework Law no. 284 of 28 December 2010, published in Official Gazette no. 877 of 28 December 2010.
C) have obtained at least "good" in the annual evaluation of individual performance in the last 2 calendar years;
D) have no criminal record indelible administrative disciplinary action under this law.
----------
Alin. (2) art. It amended by section 65. 8 of art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
(3) Civil servants who do not meet the conditions of service for its promotion in the next higher grade of the prisoner may participate in the contest, under law, to promote rapid public function *).
(4) The provisions of art. 58 para. (2) and (3) shall apply accordingly.
----------
Alin. (4) art. 65 was introduced pt. 9 of art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
Article 66
To participate in the contest promotion in public office leadership, civil servants must meet the following conditions:
A) be graduates of master's or postgraduate studies in public administration, management or in the positions necessary exercise of public functions;
B) be appointed to public office in Class I;
C) meet the specific requirements of the job;
D) meet the requirements of Art. 57 para. (6);
E) have no criminal record indelible administrative disciplinary action under this law.
Article 67
Repealed.
----------
Art. Section 67 was repealed. 3 of Art. 41 of the Framework Law no. 284 of 28 December 2010, published in Official Gazette no. 877 of 28 December 2010.
Article 68
(1) Following the acquisition of a diploma top-level executive civil servants are entitled to participate in the exam for public office in a class higher than they are employed, the studies are completed specialty in which they operate or the authority or public institution considers that studies are useful for the work completed.
----------
Alin. (1) art. It amended by section 68. 10 of art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
(2) Promotion under par. (1) is made by converting the position held by the civil servant as a result of passing the exam.
(3) Promoting the class can not be on a public auditor or legal adviser.
----------
Alin. (3) art. Section 68 was introduced. 11 of Art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
Article 69
(1) Evaluation of individual professional performance of civil servants is done annually.
(2) Following the evaluation of individual professional performance, civil servant is given one of the following marks: "very good", "good", "satisfactory" and "unsatisfactory".
(3) marks obtained at professional evaluation are envisaged to:
A) repealed;
----------
Lit. a) par. (3) art. Section 69 was repealed. 4 of art. 41 of the Framework Law no. 284 of 28 December 2010, published in Official Gazette no. 877 of 28 December 2010.
B) promotion to a higher public position;
C) in dismissal.
(4) In the process of performance evaluation of civil servants are set training requirements for civil servants.
(5) methodology to assess individual professional performance of civil servants is approved by Government decision on a proposal from the National Agency of Civil Servants, after consulting trade unions of civil servants, nationally representative.
Section 5
a
system of rapid promotion in the public
Article 70
(1) are eligible for fast track promotion system in the public service:
A) persons who have completed programs organized under the law, for the status of public manager;
B) civil servants who passed the test set out in art. 65 para. (3)*).
(2) can participate in the contest provided in par. (1) b) civil servants who meet the following conditions:
A) have at least 1 year experience in the professional degree of the function of promoting public;
B) obtained "very good" for the professional performances of the past year;
C) have no criminal record indelible administrative disciplinary action under this law;
D) had at least one form of professional training in the last year *).
(3) competition for rapid promotion provided for in art. 65 para. (3) is organized annually by the National Agency of Civil Servants, within the number of positions reserved promoting the rapid *).
Article 71
(1) The period during which a person has attended programs organized under the law, for the status of public manager is assimilated probation period.
(2) In case of failing to programs in para. (1) internship period is not ancient in the positions necessary for employment in the public or civil service seniority.
Chapter VII collective agreements.
Joint committee
Article 72
(1) public authorities and institutions may enter annually under the law, agreements with unions representing civil servants and representatives of civil servants, encompassing only measures concerning:
A) the establishment and use of funds to improve conditions at work;
B) health and safety;
C) daily work;
D) professional development;
E) measures other than those prescribed by law on the protection of those elected in the management bodies of trade unions.
(2) If the union is not representative or civil servants are not organized in trade unions, the agreement is concluded with the representatives of civil servants in the respective public authority or institution designated under the law.
(3) authority or public institution will provide civil servants union representative or representatives the information required to conclude agreements on relationships, under the law.
Article 73
(1) Within public authorities and institutions constitute joint committees.
(2) the composition of the Joint enter an equal number of representatives appointed head of the authority or institution representative trade union and civil servants. If the union is not representative or public officials are not organized into unions, their representatives will be appointed by a majority of civil servants of the respective public authority or institution.
(3) The constitution, organization and functioning of representative committees and the composition, duties and working procedure shall be established by Government decision on a proposal from the National Agency of Civil Servants.
Article 74
(1) committees shall be consulted in the following situations:
A) the establishment of measures to improve the work of public authorities and institutions for which they are established;
B) the establishment of any measures on training of civil servants if their costs are met from budgetary funds;
C) in establishing the work program by the head of the authority or institution;
D) other circumstances stipulated by law.
(2) In the exercise, the representative committees issue advisory opinions.
(3) Representative committees of the ongoing realization of agreements reached between unions representing civil servants or representatives of public authorities or institutions.
(4) The Joint Committee shall prepare quarterly reports on compliance with agreements concluded under the law, they communicate management authority or institution, and the heads of trade unions representing civil servants.
Chapter VIII Disciplinary and accountability of public officials
Article 75
Violation by civil servants, the guilt of official duties entail disciplinary, administrative, civil or criminal case.
Article 76
(1) Any person who considers himself harmed in its right or a legitimate interest may apply to the court under the law, against public authority or institution that issued the document or refused to solve application on a subjective right or a legitimate interest.
(2) If the appeal is allowed and is found guilty of civil servant, the person will be liable to pay damages, jointly with the public authority or institution.
(3) The legal liability of the civil servant can not engage if it has complied with legal provisions and administrative procedures public authority or institution in which it operates.
Article 77
(1) Violation of guilt by officials of corresponding duties they hold public office and civic rules of professional conduct and a disciplinary offense prescribed by law and will result in disciplinary them.
(2) constitutes misbehavior following facts:
A) systematic delay in performing;
B) repeated negligence in solving work;
C) unexcused absence from work;
D) repeated failure of the work program;
E) or insisting interventions to address specific requests beyond the legal framework;
F) breach of professional secrecy or confidentiality work with this character;
G) events affecting the prestige of public authority or institution in which it operates;
H) unfolding during working of political activities;
I) refusal to perform duties;
J) violation of legal provisions relating to duties, incompatibilities, conflicts of interest and prohibitions established by law for civil servants;
K) other facts provided misbehaviors in regulations of the civil service and civil servants.
(3) Disciplinary sanctions are:
A) written reprimand;
B) reduction of wages by 5-20% over a period of up to 3 months;
C) suspension of the pay scale advancement or, where appropriate, to promote public office for a period of 1 to 3 years;
D) relegation in public office for a period of up to one year.
----------
Lit. d) of par. (3) art. 77 amended by section. 5 of art. 41 of the Framework Law no. 284 of 28 December 2010, published in Official Gazette no. 877 of 28 December 2010.
E) dismissal from public office.
(4) The actual disciplinary sanction will take into account the causes and seriousness of the disciplinary offense, the circumstances under which it was committed, the degree of guilt and consequences of deviation, general behavior during the service of the civil servant and the existence its history of other disciplinary sanctions were not canceled under this law.
(5) Disciplinary apply no later than 1 year from the date of referral to the disciplinary committee on disciplinary irregularity, but no later than 2 years from the date of committing disciplinary offense.
(6) If the act was notified as a civil servant disciplinary offense and that offense, disciplinary liability proceedings be suspended until the disposition or dismissal Cancellation prosecution or until the date on which the court to acquit waiver the punishment, conditional sentence or discontinue the proceedings.
----------
Alin. (6) of art. Amended by section 77. 1 of art. 40 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.
(7) During the administrative investigation, where the public servant who committed research misconduct can influence administrative head of the authority or institution has an obligation to prohibit access to the documents that may influence the research or, where appropriate to dispose temporarily moving civil servant in another compartment or other structures of authority or public institution.
Article 78
(1) The disciplinary sanction provided for in art. 77 para. (3) a) can be applied directly by the person who has the legal competence to appoint to public office.
(2) The disciplinary sanctions provided in Art. 77 para. (3) b) e) applies to the person who has the legal competence to appoint to public office on a proposal of the disciplinary committee.
(3) Disciplinary sanctions can not be applied until after a preliminary investigation of the crime committed and after hearing civil servant. Hearing civil servant must be recorded in writing, under penalty of nullity. Civil servant's refusal to attend the hearing or to sign a declaration on disciplinary violations is accused shall be recorded in the minutes.
Article 79
(1) To analyze the facts notified as disciplinary violations and disciplinary sanction proposal for civil servants from public authorities or institutions shall be created discipline.
(2) disciplinary committee is a representative of the union representative or, where appropriate, a representative appointed by a majority of civil servants for which the disciplinary commission, where the union is not representative or officials servants are not organized in trade unions.
(3) The Board may appoint one or more members and, where applicable, request control departments within public authorities and institutions to investigate the deeds notified and present research results.
(4) Disciplinary Commission for senior civil servants is composed of five senior civil servants appointed by decision of the Prime Minister, the Minister of Interior and Administrative Reform proposal.
(5) The constitution, organization and functioning of disciplinary commissions, and the composition, powers, mode of referral and working procedure shall be established by Government decision on a proposal from the National Agency of Civil Servants.
Article 80
Civil servant dissatisfied with the penalty imposed may appeal administrative court seeking annulment or amendment, as appropriate, to order or sanction.
Article 81
(1) To highlight the civil servant disciplinary situation, the National Agency of Civil Servants shall issue an administrative record, according to the database it manages.
(2) The administrative record is a document that contains disciplinary sanctions civil servant and not radiated under the law.
(3) The administrative record is necessary in the following cases:
A) the appointment of a civil servant as a member of the competition commission for recruitment of civil servants;
B) appointing a civil servant as chairman and member of the disciplinary committee;
C) appointing a civil servant as a member of the Joint Committee;
D) public office for the category of senior civil servants and category management civil servants;
E) in any other circumstances stipulated by law.
(4) The administrative record is released on request:
A) civil servant concerned;
B) Head of public authority or institution in which it operates;
C) Chairman of the Board;
D) other persons specified by law.
Article 82
(1) Disciplinary law is excluded as follows:
A) within 6 months of the application, the disciplinary sanction provided for in art. 77 para. (3) a);
B) within one year of the period for which they were imposed disciplinary sanctions provided in Art. 77 para. (3) b) -d);
C) within 7 years of the application, the penalty under art. 77 para. (3) e).
(2) cancellation of disciplinary sanctions provided in par. (1) a) and b) shall be determined by act by the head of the authority or institution.
Article 83
(1) Liability contravention of civil servants engage in when they committed an offense during and in relation to their jobs.
(2) Against the report of the contravention and application of sanction public official may submit a complaint to the court in whose jurisdiction the authority is established or public institution is appointed public official sanctioned.
Article 84
Liability of civil servant commits:
A) for damages caused by guilt heritage authority or institution in which it operates;
B) for failure to return within the statutory period and the amounts were granted unduly;
C) for damages paid by the public authority or institution, as principal, to third parties pursuant to a final and conclusive judgment.
Article 85
(1) repair the damage to the public authority or institution in the cases provided for in Art. 84 lit. a) and b) is decided by the issuance by the head of the authority or institution of an order or a provision of imputation within 30 days after acknowledgment of the damage, or, where appropriate, by making a payment commitment and in the situation referred to in subparagraph c) of the same article, based on the judgment final and irrevocable.
(2) Against the allocation order or public official concerned may appeal administrative court.
(2 ^ 1) Order or disposition of a final imputation due to non-introduction or dismissal of the administrative court be enforceable.
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Alin. (2 ^ 1) of art. Article 85 was introduced. 34 of Law no. 76 of 24 May 2012 published in the Official Gazette no. 365 of 30 May 2012.
(3) The right driver authority or institution to issue the order or disposition of the allocation is prescribed within 3 years from the date of damage.
Article 86
(1) public official liability for offenses committed while on duty or in connection with the duties of public office they occupy engage in criminal law.
(2) If the public official is prosecuted for an offense of the kind referred to in art. 54 lit. h), the person who has the legal competence to appoint to public office will suspend civil servant from holding public office he holds.
(3) When ordering the dismissal or waiver of prosecution or penalty payment or waiver or conditional sentence, and if a criminal case, suspension from public office shall cease and the respective civil servant will resume work in public office previously held and will be paid the remuneration for the period of suspension.
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Alin. (3) art. It amended by section 86. 2 of art. 40 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.
(4) If the conditions are met for criminal liability and civil servant act can be considered misbehavior will be brought before the competent disciplinary commission.
(5) at the time of the criminal action, where research can influence public official, the person who has the power of appointment to public office shall have civil servant temporarily moving in a different department or other structure without legal authority or public institution.
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Alin. (5) art. It amended by section 86. 2 of art. 40 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.
Chapter IX Modification, suspension and termination of service
Section 1
Modification of work relations
Article 87
(1) Mobility within the civil service is achieved through modification of the work thus:
A) to improve the efficiency of public authorities and institutions;
B) repealed;
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Lit. b) to par. (1) art. Section 87 was repealed. 12 of art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
C) in the interests of civil servant for career development in the public service.
(2) modification of the service of execution of civil servants and public officials driving through:
A) delegation;
B) posting;
C) transfer;
D) moving the public authority or institution or in another structure without legal authority or public institution under this Act;
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Lit. d) of par. (2) art. Section 87 has been amended. 13, art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
E) temporary exercise of public management functions.
(3) Repealed.
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Alin. (3) art. Section 87 was repealed. 14, art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
Article 88
(1) Delegation shall be ordered in the interest of public authority or institution where the civil servant is employed for a period not exceeding 60 days in a year.
(2) The civil servant may refuse delegation if they are in one of the following:
A) pregnancy;
B) is a single minor child;
C) health, evidenced by a medical certificate contra delegation.
(3) Delegation for a period exceeding 60 days in a calendar year may be ordered only with the written consent of the public official.
(4) During the official delegation retain public office and public pay and public authority or organization that delegates to bear the full cost of transport, accommodation and allowance delegation.
Article 89
(1) Detachment ordered in the interest of public authority or institution to operate public official for a period of 6 months. During a calendar year, a public servant can be detached more than six months only with his written consent.
(2) Secondment can be done if the civil servant training corresponding duties and responsibilities of public office, in compliance with the class, class and professional rank of the civil servant. Posting may be ordered on a public driving with the provisions of art. 92 para. (2) whether the public servant meets the conditions of study and experience in specialty studies and there are no public authority or institution under public servants who exercise public office temporarily. The civil servant can be deployed on a lower public office only with his written consent.
(2 ^ 1) Exceptionally, posting may be ordered on a public office in the category of senior civil servants, the application of Art. 92 para. (1 1) if the civil servant meets the conditions of study and experience in specialty studies necessary exercise of public functions under this law. In this case, the posting is decided by administrative act of the person who has the legal competence to appoint civil servants occupying public positions ranging from senior civil servants, at the suggestion of authority or public institution to operate public servant seconded.
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Alin. (2 ^ 1) of art. Section 89 was introduced. 15, art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no.
471 of 8 July 2010. (2 ^ 2) Civil servants with special status could be posted to the general public functions equivalent specific public functions occupied, with the approval of the National Agency of Civil Servants, the proper application of the provisions of par. (1) - (2 ^ 1) and in compliance with art. 110.
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Alin. (2 ^ 2) of art. Section 89 was introduced. 15, art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no.
471 of 8 July 2010. (2 ^ 3) The public may be posted and public officials with special status, endorsed by the National Agency of Civil Servants, in compliance with art. 110.
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Alin. (2 ^ 3) of art. Section 89 was introduced. 15, art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
(3) Civil servants may refuse posting if they are in one of the following:
A) pregnancy;
B) is a single minor child;
C) health, evidenced by a medical certificate contra posting;
D) posting is made in a town where not provided adequate conditions of accommodation;
E) is the only breadwinner of the family;
F) grounded family reasons justifying refusal to comply posting.
(4) During detachment civil servant retain their public position and salary. If the salary corresponding public function that is posted is higher, he is entitled to such salary. During posting in another locality the beneficiary public authority or institution is required to bear the costs for return tickets at least once a month, the accommodation and allowance posting.
Article 90
(1) The transfer may take place as follows:
A) interest;
B) the civil servant's request.
(2) The transfer can be done in a public office for which the conditions specified in his job description.
(3) The transfer shall be done only with the written consent of the transferred civil servant. In case of transfer service in another locality, the transferred civil servant is entitled to compensation equal to the net salary calculated at the salary level of the previous month of the transfer, to cover all travel expenses and a paid leave of five days. These costs shall be borne by the public authority or institution to which the transfer is made within 15 days of the approval of the transfer.
(4) The transfer service is a public office of the same category, class and professional degree with the public position held by the civil servant or a public office lower level.
(5) The transfer request is made in a public office for the same category, class and professional degree or a lower-level public officials, following approval of the transfer request by the head of the civil servant public authority or institution to which transfer is requested. In this case, the transfer can take place only between public authorities or institutions of central government, or between autonomous authorities, and where appropriate, public authorities or institutions of local government.
(6) In the case of leading civil servants, the transfer can be done on public management functions at the same level or, where applicable, lower level, whose conditions of employment and professional experience necessary for employment are similar to those function from which the transfer is made, the provisions of paragraphs. (2), (4) and (5). Public authorities or institutions between which transfer are obliged to check the condition of similarity of conditions of employment and professional experience.
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Alin. (6) of art. Section 90 has been amended. 16, art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
(7) authorities or public institutions are obliged to advertise vacancies functions that can be filled by transfer on request. Where two or more civil servants calls for public office vacant by the transfer request, the selection is made by interview.
(8) Notwithstanding the provisions of paragraph. (5) if senior civil servants, the transfer request can have the person who has the legal competence to appoint to public office, a reasoned request from senior civil servants and with the approval authority or public institution whose structure is function on vacant public to be transferred, fulfilling specific conditions laid down for public office or executive management and the provisions of that paragraph. (7).
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Alin. (8) art. Section 90 was introduced. 17, art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
Article 91
(1) Moving the public authority or institution or in another structure without legal authority or institution can be permanent or temporary.
(2) Moving final may occur in the following circumstances:
A) when ordered by the head of the authority or public institution which operates public official on a vacant public equivalent of the same category, class and, where appropriate, the same professional degree or a vacant public lower level that met the specific requirements of the job. In duly justified cases, the move may have motivated the head of the authority or institution, division corresponding item of the official public function. In any case the written consent of the civil servant;
B) upon a reasoned request of the civil servant, with the approval of the public authority or institution, on a vacant public equivalent of the same category, class and, where appropriate, the same professional degree or a vacant public level below are fulfilled specific requirements of the job;
C) in other circumstances stipulated by the law.
(3) If senior civil servants, can move permanent person has legal competence to appoint to public office, a reasoned request from senior civil servants and with the approval authority or institution that is public office executive or executive vacancy that will be permanently moved, fulfilling specific conditions laid down for public position.
(4) Moving temporary ordering other public grounds, public authority or institution in the interest of the institution or public authority manager, a vacant public equivalent of the same category, class and, where appropriate, same professional degree, which met the specific requirements of the job or, where appropriate, with the distribution of the corresponding item of the official public function for a period not exceeding 6 months in a calendar year.
(5) Exceptionally, temporary or permanent relocation may be requested by the public official if the health, established on the basis of a special examination, no longer enable work in that compartment. Temporary or permanent relocation is made under this law, the civil servant in question is professionally apt to meet its responsibilities.
(6) If it has moved to another district civil servant enjoys the rights provided for in art. 90 para. (3).
(7) The civil servant may refuse to move to another structure of the public authority or institution to another location, if it is in one of the situations referred to in art. 89 para. (3). Unjustified refusal constitutes misbehavior.
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Art. Section 91 has been amended. 18, art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
Article 92
(1) Temporary performance of a public function vacant or temporarily vacant leadership is achieved by promoting a temporary civil servant meeting the education and experience in specialty studies for public office and does not have a penalty disciplinary applied, which was not removed, according to this law.
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Alin. (1) art. Section 92 has been amended. 19, art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no.
471 of 8 July 2010. (1 1) Exceptionally, the proposal of the head of the authority or public institution whose state civil service positions exist for the category of senior civil servants vacant or temporarily vacant, temporary performance it can be realized civil servants or, where appropriate, of civil servants with special status who fulfill the conditions laid down in para. (1), endorsed by the National Agency of Civil Servants. This measure is ordered by an administrative act of the person who has the legal competence to appoint to public office for the category of senior civil servants, given that, for objective reasons, public position could not be filled by mobility.
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Alin. (1 1) of art. Section 92 was introduced. 20 art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
(2) If public office is vacant, the extent provided in par. (1) is decided by the person who has the power of appointment to public office for a period not exceeding 6 months in a calendar year, with the approval of the National Agency of Civil Servants.
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Alin. (2) art. Section 92 has been amended. 21, art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
(3) Exceptionally, the period referred to in para. (2) may be extended by a maximum of 3 months, the opinion of the National Agency of Civil Servants, public authority or institution that organizes a competition for recruitment or promotion and public office was occupied under the law.
(4) If the civil service is temporarily vacant, the extent provided in par. (1) is decided by the person who has the legal competence to appoint to public office until the date of termination of suspension from public office, posting public office holder, to the cancellation of disciplinary sanction as provided for in art. 77 para. (3) c) or, where appropriate, if the civil servant leadership exercised temporarily other public driving vacant or temporarily vacant or category of senior civil servants, until the expiry of the period for ordering the temporary performance in law.
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Alin. (4) art. Section 92 has been amended. 21, art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
(5) If the salary corresponding public function exercised temporarily higher public official is entitled to such salary.
Article 93
(1) Senior civil servants are subject to availability and presents mobility based appointments to public positions stipulated in art. 12 with respect to art. 16 para. (3).
(2) The unjustified refusal appointments provided in par. (1) draws in dismissal. In this situation, the top civil servant enters the body of reserve civil servants benefiting from the right to be redeployed public office or executive leadership vacant, under this law.
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Alin. (2) art. Section 93 has been amended. 22, art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
(3) public authorities and institutions are required to ensure reimbursement of expenses incurred by mobility and housing service, under the law.
Section 2
Suspension of work relations
Article 94
(1) The report shall suspend service law when the public official is in one of the following:
A) is appointed or elected to a public dignity, for that period, except as provided in Art. 34 *)
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Lit. a) par. (1) art. Section 94 has been amended. 19, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 Pct. 19, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 was repealed by art. V of Law no. 140 of 7 July 2010, published in the Official Gazette no.
471 of 8 July 2010. Therefore, letter a) par. (1) art. 94 should be back to form before amendment by EMERGENCY ORDINANCE no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009. See also the opinion NACS reproduced below.
A ^ 1) is appointed or elected to a public dignity, for that period, except as provided in Art. 34;
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Lit. a ^ 1) of par. (1) art. 94 was introduced by pt. 5 of art. I of Law no. 132 of 18 July 2012 published in the Official Gazette no. 498 of 19 July 2012, which supplements the Emergency Ordinance no. 16 of 8 May 2012, published in Official Gazette no. 314 of 10 May 2012, art. XV.
A ^ 2) is placed in a high dignitary;
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Lit. a ^ 2) of par. (1) art. 94 was introduced by pt. 5 of art. I of Law no. 132 of 18 July 2012 published in the Official Gazette no. 498 of 19 July 2012, which supplements the Emergency Ordinance no. 16 of 8 May 2012, published in Official Gazette no. 314 of 10 May 2012, art. XV.
B) is placed in a high dignitary *)
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Lit. b) to par. (1) art. Section 94 has been amended. 19, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 Pct. 19, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 was repealed by art. V of Law no. 140 of 7 July 2010, published in the Official Gazette no.
471 of 8 July 2010. Therefore, letter b) to par. (1) art. 94 should be back to form before amendment by EMERGENCY ORDINANCE no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009. See also the opinion NACS reproduced below.
C) shall be appointed by the public authority or organization to carry out activities within the Romanian diplomatic missions or in international bodies or institutions, for the period;
D) carry out trade union activity for which is provided to suspend the law;
E) perform military service *) alternative military service, it is or mobilized;
Note
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*) See Law no. 446/2006 on preparing the population for defense, published in the Official Gazette of Romania, Part I, no. 990 of 12 December 2006, a law which repealed Law no. 46/1996 on preparing the population for defense.
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F) is taken into custody or are under house arrest;
----------- Lit. f) of paragraph. (1) art. 94 amended by section. 3 of Art. 40 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.
G) carry out medical treatment abroad, if the civil servant is not on sick leave for temporary disability and for accompanying spouse or, where appropriate, wife or a relative to degree included in the conditions laws;
H) are on leave for temporary disability, for more than a month, according to the law; *)
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Lit. h) of para. (1) art. Section 94 has been amended. 19, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 Pct. 19, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 was repealed by art. V of Law no. 140 of 7 July 2010, published in the Official Gazette no.
471 of 8 July 2010. Therefore, letter h) of para. (1) art. 94 should be back to form before amendment by EMERGENCY ORDINANCE no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009. See also the opinion NACS reproduced below.
I) quarantine law;
J) maternity leave, under the law;
K) is missing and the disappearance was proven by final judgment;
L) force majeure;
M) where was sent to trial for an offense of the kind referred to in art. 54 lit. h);
N) during the administrative investigation, where a public official who committed a disciplinary offense may influence the administrative investigation, the disciplinary committee reasoned proposal;
A) otherwise provided by law.
(2) Within 15 calendar days before the date of termination of the reason for suspending the right, but not later than the date of knowledge of law by reason of termination of suspension, the public servant is obliged to inform in writing the person who has the power legal appointment to a public position on this. Not informing the person who has the legal competence to appoint to public office draws termination of service of an official report public, except as provided in par. (1) f), h), i), k) and l).
(3) A person who has legal competence to appoint to public office have a duty to ensure, within five days after the deadline provided in par. (2) the conditions necessary to reinstate the work of the civil servant.
Article 95
(1) The report shall be suspended at the initiative of the civil servant in the following situations:
A) parental leave aged up to 2 years or, in the case of a disabled child up to the age of 3 years, under the law;
B) leave to care for a sick child up to 7 years, or a disabled child for conditions, until they reach the age of 18;
B ^ 1) holiday accommodation;
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Lit. b ^ 1) of par. (1) art. 95 was introduced by art. XIII of Law no. 57 of April 11, 2016 published in the Official Gazette no. 283 of 14 April 2016.
C) carrying out an activity within international bodies or institutions, in situations other than those referred to in art. 94 para. (1) c);
D) to participate in the election campaign;
E) for participating in the strike under the law.
(2) The service can be suspended at the request of the civil servant motivated for a legitimate personal interest, in cases other than those provided in par. (1) and art. 94 para. (1) over a period of between one and three years. * ^ 1) ^ 2)
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Alin. (2) art. Amended by section 95. 20 Art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 Pct. 20 art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 was repealed by art. V of Law no. 140 of 7 July 2010, published in the Official Gazette no.
471 of 8 July 2010. Therefore, para. (2) art. 95 should be back to form before amendment by EMERGENCY ORDINANCE no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009. See also the opinion NACS reproduced below.
(2 ^ 1) Repealed. * ^ 1) ^ 2) ----------
Alin. (2 ^ 1) of art. Section 95 was introduced. 21, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 Pct. 21, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 was repealed by art. V of Law no. 140 of 7 July 2010, published in the Official Gazette no.
471 of 8 July 2010. Therefore, para. (2 ^ 1) of art. 95 has been removed following the repeal of section. 21, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 by Art. V of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
(3) The request for suspension of relations shall be made in writing at least 15 days before the date when the suspension is requested, except as provided in par. (1) e) when the request for suspension is made 48 hours before the strike.
(4) Suspension of work relations is found in cases under par. (1) and art. 94 para. (1), and in other cases regulated by special laws, shall be approved in cases under par. (2) the administrative act of the person who has the power of appointment to public office.
(5) The provisions of art. 94 para. (2) shall apply accordingly and cases under par. (1) and (2).
Article 96
(1) Resumption of work is ordered by an administrative act of the person who has the legal competence to appoint to public office.
(2) The administrative act is found, respectively approved the suspension of relations, as well as ordering the resumption of activity by the civil servant shall be communicated to the National Agency of Civil Servants, within 10 working days date of issue.
(3) During the suspension of work relations public authorities and institutions shall reserve for the civil service post. Position shall be occupied for a period determined by law. During the suspension, the service of civil servants can not cease and can not be altered unless the initiative or with the consent of the civil servant concerned.
(4) The period of suspension of service under Art. 94 para. (1) c) and art. 95 para. (1) c) Consider seniority in the public service.
Section 3
a
termination of service
Article 97
Termination of service of civil servants is done by administrative act of the person who has the legal competence to appoint to public office and takes place under the following conditions:
A) law;
B) by agreement, shall be in writing;
C) by release from the public;
D) removal from public office;
E) resigns.
Article 98
(1) Ratio existing service ceases as:
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The introductory paragraph. (1) art. Article 98 has been amended. III of Law no. 49 of 19 March 2010, published in the Official Gazette no. 195 of 29 March 2010.
A) the date of death civil servant;
B) on irrevocable judgment declaring the death of civil servant;
C) if the civil servant does not meet one of the requirements of Art. 54 lit. a), d) and f);
D) on cumulative fulfillment of standard conditions of age and the minimum contribution period for retirement;
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Lit. d) of par. (1) art. Article 98 has been amended. III of Law no. 49 of 19 March 2010, published in the Official Gazette no. 195 of 29 March 2010.
E) as a result of the finding of nullity of the administrative act of appointment to public office, the date on which the invalidity has been established by final and binding judgment;
F) when the final judgment has been convicted for an offense under Art. 54 lit. h) times was ordered to a sentence of imprisonment, the date the judgment becomes final;
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Lit. f) of paragraph. (1) art. Section 98 has been amended. 4 of art. 40 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.
G) following the ban on exercising the right to hold public office or to practice or work in performance of the offender as supplementary penalties, prohibition of employment or following a function or exercise of a profession, as safety measure, the date of the final judgment ordering the prohibition;
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Lit. g) of para. (1) art. Section 98 has been amended. 4 of art. 40 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.
H) the expiry of the fixed term was occupied public office.
I) Eliminated;
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Lit. i) of para. (1) art. 98 has been eliminated as a result of the rejection of the Emergency Ordinance no. 77 of 26 June 2013, published in the Official Gazette no. 393 of 29 June 2013, by art. LAW no unique. 92 of 1 July 2014 published in the Official Gazette no. 500 of 4 July 2014.
(2) The termination of the case law of the report shall be done within 5 working days of its occurrence, the administrative act of the person who has the legal competence to appoint to public office. The administrative act was found termination of relations shall notify the National Agency of Civil Servants, within 10 days of its issuance.
Article 99
(1) A person who has legal competence to appoint to public office shall order in dismissal by administrative, civil servant shall be communicated within 5 working days of the issue in the following cases:
A) public authority or institution has ceased or has been moved to another village, and the civil servant does not agree to follow;
B) the authority or public institution reduces its personnel following the reorganization of work by reducing the position held by the civil servant;
C) as a result of the request for reinstatement to the public position occupied by a public official or a civil servant dismissed illegally released or for groundless, the date of the final and irrevocable court decision ordering the reinstatement;
D) for professional incompetence, if the qualifier "unsatisfactory" for the professional performances;
E) civil servant no longer satisfies the condition laid down in art. 54 lit. g);
F) physical health and / or psychical civil servant confirmed through a decision of the competent organs of medical expertise, did not allow him to fulfill the duties corresponding to the position held;
G) as a result of unjustified refusal by the high public official acceptance of the appointment under Art. 93.
(2) statements in para. (1) a) -c) and e) -g) are reasons not civil servants.
(3) In case of dismissal, public authority or institution is obliged to pay civil servants' notice of 30 days.
(4) During the period of notice, the person who has the legal competence to appoint to public office in question may grant the reduction in working hours up to 4 hours daily, without affecting the rights of due salary.
(5) In the cases under par. (1) b), c) and e) the notice period, if the public authority or institution is no corresponding vacant public, it has the obligation to provide public servants.
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Alin. (5) art. 99 returned to form formal termination due to legal effects of the Emergency Ordinance no. 82 of 27 August 2013, published in the Official Gazette no. 549 of 29 August 2013, following the declaration of this normative act unconstitutional by the Constitutional Court Decision. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015
Emergency Ordinance no. 82 of 27 August 2013, published in Official Gazette no. 549 of 29 August 2013 was dismissed by art. LAW no unique. 36 of 22 March 2016 published in the Official Gazette no. 220 of 24 March 2016. Therefore, para. (5) art. 99 returns to its previously envisaged amendment by this emergency ordinance.
Note
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By Decision no. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015 was admitted the exception of unconstitutionality of the provisions of the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 regarding the statute of civil servants, observing that they are unconstitutional.
According to art. 147 par. (1) of the Constitution republished in the Official Gazette no. 767 of 31 October 2003 the provisions of laws and ordinances in force, as well as the regulations declared unconstitutional, cease their legal effects within 45 days of publication of the decision of the Constitutional Court if, in the meantime, the Parliament or the Government, as the case not agree with the unconstitutional provisions of the Constitution. During this period, the provisions declared unconstitutional are suspended by law.
Therefore, between June 17 2015-1 August 2015, the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 on the status of public (including all amendments resulting from the enactment of Law no. 188/1999, republished with subsequent amendments) were suspended by law, ceasing its legal effects, since 2 August 2015 as the legislature did not intervene to amend the contested provisions.
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(6) In the cases under par. (1) a) -c) and e) if there is no suitable vacant public authority or institution under public authority or public institution is obliged to request the National Agency of Civil Servants, during the notice period, the list of vacant public. If there is a corresponding vacant public identified during the notice period, the civil servant shall be transferred to the interest or on request.
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Alin. (6) of art. 99 returned to form formal termination due to legal effects of the Emergency Ordinance no. 82 of 27 August 2013, published in the Official Gazette no. 549 of 29 August 2013, following the declaration of this normative act unconstitutional by the Constitutional Court Decision. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015
Emergency Ordinance no. 82 of 27 August 2013, published in Official Gazette no. 549 of 29 August 2013 was dismissed by art. LAW no unique. 36 of 22 March 2016 published in the Official Gazette no. 220 of 24 March 2016. Therefore, para. (6) of art. 58 returns to its previously envisaged amendment by this emergency ordinance.
Note
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By Decision no. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015 was admitted the exception of unconstitutionality of the provisions of the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 regarding the statute of civil servants, observing that they are unconstitutional.
According to art. 147 par. (1) of the Constitution republished in the Official Gazette no. 767 of 31 October 2003 the provisions of laws and ordinances in force, as well as the regulations declared unconstitutional, cease their legal effects within 45 days of publication of the decision of the Constitutional Court if, in the meantime, the Parliament or the Government, as the case not agree with the unconstitutional provisions of the Constitution. During this period, the provisions declared unconstitutional are suspended by law.
Therefore, between June 17 2015-1 August 2015, the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 on the status of public (including all amendments resulting from the enactment of Law no. 188/1999, republished with subsequent amendments) were suspended by law, ceasing its legal effects, since 2 August 2015 as the legislature did not intervene to amend the contested provisions.
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(7) The civil servant leadership given priority when filling a vacant public at lower levels.
Article 100
(1) In case of reorganization of the public authority or institution, officials will be appointed in the new public or, where appropriate, new compartments where:
A) changes related to public office duties less than 50%;
B) a compartment duties are reduced;
C) is changed without changing the name for more than 50% of the tasks involved in the civil service;
D) compartment structure is changed.
(2) Application of par. (1) shall comply with the following criteria:
A) category, class and, where appropriate, the professional grade of civil servant;
B) the fulfillment of specific criteria established for public office;
C) training;
D) have conducted similar activities.
(3) If there are more civil servants examination is organized by the authority or public institution.
(4) Cutting a position is justified if it changes the functions relating to more than 50% or if specific conditions of employment are altered his position on education.
(5) In case of reorganization by reducing work stations, public authority or institution can not create positions similar to those suppressed for a period of one year from the date of the reorganization.
Article 101
(1) Dismissal from public ordering, under Art. 78, by an administrative act of the person who has the legal competence to appoint to public office as a disciplinary sanction imposed for reasons attributable to the civil servant in the following cases:
A) for committing repeated disciplinary misconduct or misbehavior that has serious consequences;
B) when there is a legal reason for incompatibility, and the civil servant does not act for its termination within 10 calendar days from the date of occurrence of such incompatibility.
(2) The administrative act referred to in para. (1) The civil servant shall be communicated within 5 working days from the date of issue. Communication administrative act must be made prior to dismissal from public office.
Article 102
Civil servant can communicate termination by resignation, notified in writing to the legal competence to appoint to public office. The resignation must be filed no effect after 30 days from registration.
Article 103
(1) The modification, suspension and termination of service to the public official has the duty to hand over the work and assets that have been entrusted to exercise duties.
(2) Upon termination of civil servant service shall retain the rights acquired during his career, except that relations were terminated for reasons attributable to it.
(3) Civil servants enjoy rights from unemployment insurance, where work relations have ceased under the terms of:
A) art. 98 para. (1) c) unless the civil servant no longer satisfies the condition under Art. 54 lit. a);
B) art. 98 para. (1) e) and h);
C) art. 99 para. (1).
Article 104
(1) Redistribution of public servants is done by the National Agency of Civil Servants as follows:
----------
The introductory paragraph. (1) art. 104 returned to form formal termination due to legal effects of the Emergency Ordinance no. 82 of 27 August 2013, published in the Official Gazette no. 549 of 29 August 2013, following the declaration of this normative act unconstitutional by the Constitutional Court Decision. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015
Emergency Ordinance no. 82 of 27 August 2013, published in Official Gazette no. 549 of 29 August 2013 was dismissed by art. LAW no unique. 36 of 22 March 2016 published in the Official Gazette no. 220 of 24 March 2016. Therefore, the introductory paragraph. (1) art. 104 returns to its previously envisaged amendment by this emergency ordinance.
Note
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By Decision no. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015 was admitted the exception of unconstitutionality of the provisions of the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 regarding the statute of civil servants, observing that they are unconstitutional.
According to art. 147 par. (1) of the Constitution republished in the Official Gazette no. 767 of 31 October 2003 the provisions of laws and ordinances in force, as well as the regulations declared unconstitutional, cease their legal effects within 45 days of publication of the decision of the Constitutional Court if, in the meantime, the Parliament or the Government, as the case not agree with the unconstitutional provisions of the Constitution. During this period, the provisions declared unconstitutional are suspended by law.
Therefore, between June 17 2015-1 August 2015, the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 on the status of public (including all amendments resulting from the enactment of Law no. 188/1999, republished with subsequent amendments) were suspended by law, ceasing its legal effects, since 2 August 2015 as the legislature did not intervene to amend the contested provisions.
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A) public authorities or institutions within the same town or a village located at a distance of 50 km of domicile;
B) within public authorities or institutions of another county or within a distance of more than 50km from their domicile, the civil servant's request.
(2) Redistribution of public servants is done in a public office for the same category, class and level professional public position held by the civil servant.
----------
Alin. (2) art. 104 returned to form formal termination due to legal effects of the Emergency Ordinance no. 82 of 27 August 2013, published in the Official Gazette no. 549 of 29 August 2013, following the declaration of this normative act unconstitutional by the Constitutional Court Decision. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015
Emergency Ordinance no. 82 of 27 August 2013, published in Official Gazette no. 549 of 29 August 2013 was dismissed by art. LAW no unique. 36 of 22 March 2016 published in the Official Gazette no. 220 of 24 March 2016. Therefore, para. (2) art. 104 returns to its previously envisaged amendment by this emergency ordinance.
Note
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By Decision no. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015 was admitted the exception of unconstitutionality of the provisions of the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 regarding the statute of civil servants, observing that they are unconstitutional.
According to art. 147 par. (1) of the Constitution republished in the Official Gazette no. 767 of 31 October 2003 the provisions of laws and ordinances in force, as well as the regulations declared unconstitutional, cease their legal effects within 45 days of publication of the decision of the Constitutional Court if, in the meantime, the Parliament or the Government, as the case not agree with the unconstitutional provisions of the Constitution. During this period, the provisions declared unconstitutional are suspended by law.
Therefore, between June 17 2015-1 August 2015, the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 on the status of public (including all amendments resulting from the enactment of Law no. 188/1999, republished with subsequent amendments) were suspended by law, ceasing its legal effects, since 2 August 2015 as the legislature did not intervene to amend the contested provisions.
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(3) Redistribution may be in a lower public office vacant, with the written consent of the public official.
(4) Redistribution in a public leadership is in compliance with par. (2) or, where appropriate, para. (3) only if the civil servant has fulfilled similar duties with the duties of civil service that is performed redistribution.
(5) The National Agency of Civil Servants will ensure redistribution public office temporarily vacant, following the suspension of the holder for a period of at least one month, civil servants from the reserve body meeting the specific conditions for occupying the respective public . If there are more civil servants meeting the specific conditions for occupying the respective public, the National Agency of Civil Servants organized in collaboration with the public authority or institution in which there is civil service, a professional testing for the selection of civil servant to be redistributed.
(6) Redistribution civil servants from the reserve body is ordered by the chief of the National Agency of Civil Servants.
----------
Alin. (6) of art. 104 returned to form formal termination due to legal effects of the Emergency Ordinance no. 82 of 27 August 2013, published in the Official Gazette no. 549 of 29 August 2013, following the declaration of this normative act unconstitutional by the Constitutional Court Decision. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015
Emergency Ordinance no. 82 of 27 August 2013, published in Official Gazette no. 549 of 29 August 2013 was dismissed by art. LAW no unique. 36 of 22 March 2016 published in the Official Gazette no. 220 of 24 March 2016. Therefore, para. (6) of art. 104 returns to its previously envisaged amendment by this emergency ordinance.
Note
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By Decision no. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015 was admitted the exception of unconstitutionality of the provisions of the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 regarding the statute of civil servants, observing that they are unconstitutional.
According to art. 147 par. (1) of the Constitution republished in the Official Gazette no. 767 of 31 October 2003 the provisions of laws and ordinances in force, as well as the regulations declared unconstitutional, cease their legal effects within 45 days of publication of the decision of the Constitutional Court if, in the meantime, the Parliament or the Government, as the case not agree with the unconstitutional provisions of the Constitution. During this period, the provisions declared unconstitutional are suspended by law.
Therefore, between June 17 2015-1 August 2015, the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 on the status of public (including all amendments resulting from the enactment of Law no. 188/1999, republished with subsequent amendments) were suspended by law, ceasing its legal effects, since 2 August 2015 as the legislature did not intervene to amend the contested provisions.
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(7) The heads of public authorities and institutions are obliged to appoint civil servants redeployed permanent or temporary.
----------
Alin. (7) of art. 104 returned to form formal termination due to legal effects of the Emergency Ordinance no. 82 of 27 August 2013, published in the Official Gazette no. 549 of 29 August 2013, following the declaration of this normative act unconstitutional by the Constitutional Court Decision. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015
Emergency Ordinance no. 82 of 27 August 2013, published in Official Gazette no. 549 of 29 August 2013 was dismissed by art. LAW no unique. 36 of 22 March 2016 published in the Official Gazette no. 220 of 24 March 2016. Therefore, para. (7) of art. 104 returns to its previously envisaged amendment by this emergency ordinance.
Note
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By Decision no. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015 was admitted the exception of unconstitutionality of the provisions of the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 regarding the statute of civil servants, observing that they are unconstitutional.
According to art. 147 par. (1) of the Constitution republished in the Official Gazette no. 767 of 31 October 2003 the provisions of laws and ordinances in force, as well as the regulations declared unconstitutional, cease their legal effects within 45 days of publication of the decision of the Constitutional Court if, in the meantime, the Parliament or the Government, as the case not agree with the unconstitutional provisions of the Constitution. During this period, the provisions declared unconstitutional are suspended by law.
Therefore, between June 17 2015-1 August 2015, the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 on the status of public (including all amendments resulting from the enactment of Law no. 188/1999, republished with subsequent amendments) were suspended by law, ceasing its legal effects, since 2 August 2015 as the legislature did not intervene to amend the contested provisions.
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(8) If the leaders refuse employment authorities and institutions of civil servants under par. (7) the public official may address the competent administrative court.
----------
Alin. (8) art. 104 returned to form formal termination due to legal effects of the Emergency Ordinance no. 82 of 27 August 2013, published in the Official Gazette no. 549 of 29 August 2013, following the declaration of this normative act unconstitutional by the Constitutional Court Decision. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015
Emergency Ordinance no. 82 of 27 August 2013, published in Official Gazette no. 549 of 29 August 2013 was dismissed by art. LAW no unique. 36 of 22 March 2016 published in the Official Gazette no. 220 of 24 March 2016. Therefore, para. (8) art. 104 returns to its previously envisaged amendment by this emergency ordinance.
Note
──────────
By Decision no. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015 was admitted the exception of unconstitutionality of the provisions of the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 regarding the statute of civil servants, observing that they are unconstitutional.
According to art. 147 par. (1) of the Constitution republished in the Official Gazette no. 767 of 31 October 2003 the provisions of laws and ordinances in force, as well as the regulations declared unconstitutional, cease their legal effects within 45 days of publication of the decision of the Constitutional Court if, in the meantime, the Parliament or the Government, as the case not agree with the unconstitutional provisions of the Constitution. During this period, the provisions declared unconstitutional are suspended by law.
Therefore, between June 17 2015-1 August 2015, the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 on the status of public (including all amendments resulting from the enactment of Law no. 188/1999, republished with subsequent amendments) were suspended by law, ceasing its legal effects, since 2 August 2015 as the legislature did not intervene to amend the contested provisions.
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Article 105
(1) Reserve Corps is made up of civil servants who were dismissed from public office under Art. 99 para. (1) a) -c), e) and g) and is managed by the National Agency of Civil Servants.
(2) Civil servants leaving the body up and lose a public servant in the following situations:
A) after the expiry of two years from the date of transition in reserve body;
B) if the National Agency of Civil Servants distributes a corresponding vacant public education background and training, and public servant refuses;
----------
Lit. b) to par. (2) art. 105 returned to form formal termination due to legal effects of the Emergency Ordinance no. 82 of 27 August 2013, published in the Official Gazette no. 549 of 29 August 2013, following the declaration of this normative act unconstitutional by the Constitutional Court Decision. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June, 2015.
Emergency Ordinance no. 82 of 27 August 2013, published in Official Gazette no. 549 of 29 August 2013 was dismissed by art. LAW no unique. 36 of 22 March 2016 published in the Official Gazette no. 220 of 24 March 2016. Therefore, lit. b) to par. (2) art. 105 returns to its previously envisaged amendment by this emergency ordinance.
Note
──────────
By Decision no. 351 of 7 May 2015 published in the Official Gazette no. 433 of 17 June 2015 was admitted the exception of unconstitutionality of the provisions of the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 regarding the statute of civil servants, observing that they are unconstitutional.
According to art. 147 par. (1) of the Constitution republished in the Official Gazette no. 767 of 31 October 2003 the provisions of laws and ordinances in force, as well as the regulations declared unconstitutional, cease their legal effects within 45 days of publication of the decision of the Constitutional Court if, in the meantime, the Parliament or the Government, as the case not agree with the unconstitutional provisions of the Constitution. During this period, the provisions declared unconstitutional are suspended by law.
Therefore, between June 17 2015-1 August 2015, the Government Emergency Ordinance no. 82/2013 amending Law no. 188/1999 on the status of public (including all amendments resulting from the enactment of Law no. 188/1999, republished with subsequent amendments) were suspended by law, ceasing its legal effects, since 2 August 2015 as the legislature did not intervene to amend the contested provisions.
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C) employment under a contract of employment for a period exceeding 12 months;
D) the civil servant's request.
Article 106
(1) If the relations were stopped for reasons that public official considers unreasonable or illegal, it can ask the administrative court to annul the administrative act was found or ordered termination of service in terms and conditions set by the Law no. 554/2004, as amended, and payment by the public authority or institution issuing the administrative act of compensation equal wages indexed and increased recalculated, and the other rights that would have benefited the public official.
(2) At the request of the civil servant, the court nullified the administrative act shall reintegration in the public owned.
Chapter X Final and transitional
Article 107
(1) public authorities and institutions are obliged to ask its National Agency of Civil Servants opinion on public office in any of the following:
A) the establishment or modification of functions for each public authority and public institution in part by its head or by decision of the county council or, where appropriate, of the local council on the activities referred to in Art. 2 para. (3);
B) changes in quality jobs, according to art. 111 par. (1) or (5);
C) reorganization of public authority or institution.
(2) public authorities and institutions have the obligation to notify, within 10 days, the National Agency of Civil Servants in any of the following:
A) the occurrence of changes in the functions of the public authorities or public institutions, following the implementation in the classroom and in professional grade civil servants;
B) transforming a vacant civil service positions in public office with a different name or in a public lower level or higher, without exceeding the maximum number of positions approved for the public authority or institution and the annual budget funds .
(3) Opinion of the National Agency of Civil Servants is binding in advance and laid down in para. (1).
(4) Where, after consulting the National Agency of Civil Servants, regulations setting out the measures as those referred to in para. (1) approved with modifications or additions, the principal officer of the local government have an obligation to communicate to the National Agency of Civil Servants these administrative provisions, within 5 working days after their approval by the Local Council or where appropriate, by decision of the county council.
(5) In the situation provided in par. (4) local government authorities can implement the provisions of the decision of the local council or, where applicable, the county council only after consulting the National Agency of Civil Servants. In this case, the opinion of the National Agency of Civil Servants shall be issued not later than 10 working days from receipt of administrative acts in para. (4).
(6) List of documents required for obtaining the National Agency of Civil Servants and the manner of their delivery by public authorities and institutions are approved by order of the National Agency of Civil Servants, to be published in the Official Gazette Romania, Part I.
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Art. Section 107 has been amended. 23, art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
Article 107 ^ 1
(1) For respect of the rights of career civil servants, in its normative and administrative acts regarding changes to organizational structure, reorganization or abolition of structures and public functions, public authorities and institutions originator of central and local public administration are obliged to provide for a minimum period of 30 days, the application of legal procedures stipulated by this law.
(2) After approval of normative documents, under the law for public office structure arising under par. (1), public authorities and institutions of the central public administration seek the opinion of the National Agency of Civil Servants, as provided in Art. 107.
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Art. 107 ^ 1 was introduced by pt. 24, art. I of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
Article 108
In administrative units in which persons belonging to national minorities have a share of over 20% civil servants from services that have direct contact with citizens will know the language of that national minority.
Article 109
Causes that concern the public service report are the responsibility of the civil division of administrative and fiscal tribunal, except where expressly established by law is the jurisdiction of other courts.
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Art. Article 109 has been amended. IV of Law no. 2 of 1 February 2013, published in Official Gazette no. 89 of 12 February 2013
Article 110
Public authorities and institutions referred to in Art. 5 paragraph. (1) are obliged to harmonize the special provisions of this law, consultation and opinion of the National Agency of Civil Servants.
Article 111
(1) public authorities and institutions that have provided jobs in the functions of a contractual nature, which involve the exercise of powers among those referred to in art. 2 para. (3) have an obligation to establish public functions under art. 107 *).
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Alin. (1) art. Section 111 has been amended. 24, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 Pct. 24, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 was repealed by art. V of Law no. 140 of 7 July 2010, published in the Official Gazette no.
471 of 8 July 2010. Therefore, para. (1) art. 111 should be back to form before amendment by EMERGENCY ORDINANCE no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009.
*) See Note to art. 95 when it is reproduced National Agency of Civil Servants opinion dated 2 September 2011.
(2) vacant public functions, public management functions and public functions pertinent to senior civil servants, set par. (1) deals under this law.
(3) Persons employed with individual labor contract indefinite contractual positions were established and approved as public officials will be appointed to public execution if they meet the requirements of Art. 54 and the length of service in the positions of the grade and degree of professional civil service.
(4) Labor rights of persons occupying public functions under par. (3) will establish the remuneration of public functions have been called.
(5) Repealed. *)
----------- Alin. (5) art. Section 111 was introduced. 25, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 Pct. 25, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 was repealed by art. V of Law no. 140 of 7 July 2010, published in the Official Gazette no.
471 of 8 July 2010. Therefore, para. (5) art. 111 has been removed as a result of the repeal of section. 25, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 by Art. V of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
(6) Repealed. *)
----------
Alin. (6) of art. Section 111 was introduced. 25, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 Pct. 25, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 was repealed by art. V of Law no. 140 of 7 July 2010, published in the Official Gazette no.
471 of 8 July 2010. Therefore, para. (6) of art. 111 has been removed as a result of the repeal of section. 25, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 by Art. V of Law no. 140 of 7 July 2010, published in the Official Gazette no. 471 of 8 July 2010.
Article 112
(1) The total number of civil service leadership within each public authority or institution, except public unit secretary / administrative-territorial subdivision, the head of the prefectural office and public functions whose leadership employment is by posting staff in the institutions of the defense, public order and national security, as per organization "Annex M", approved by the Supreme Council of national Defence, is more than 12% of the total number of posts approved .
----------
Alin. (1) art. Article 112 has been amended. 19 Cap. IV of the Emergency Ordinance no. 18 of 16 April 2014 published in the Official Gazette no. 305 of 24 April 2014.
(2) Repealed.
----------
Alin. (2) art. Article 112 was repealed. II of the Emergency Ordinance no. 229 of 30 December 2008, published in Official Gazette no. 3 of 5 January 2009.
(3) Repealed.
----------
Alin. (3) art. Article 112 was repealed. II of the Emergency Ordinance no. 229 of 30 December 2008, published in Official Gazette no. 3 of 5 January 2009.
Article 113
Programs organized for the status of public manager according to art. 70 para. (1) a) are programs under the Government Emergency Ordinance no. 56/2004 on establishing the special status of civil servant, the public manager, approved with amendments by Law no. 452/2004, as amended and supplemented, and the Law no. 157/2004 on the establishment of special scholarship "Romanian Government" for the training of public managers, as amended.
Article 114
Provisions of this law are applied properly and autonomous administrative authorities.
Article 115
Notwithstanding the provisions of art. 18 para. (1) recruitment committee shall be constituted within 60 days from the date of entry into force of this law, as follows:
A) a member appointed for a period of one and a half;
B) one member appointed for a period of 3 years;
C) a member appointed for a period of 4 ½ years;
D) one member appointed for a period of six years;
E) a member appointed for a period of seven years and a half;
F) a member appointed for a period of nine years;
G) one member appointed for a period of 10 years and a half.
Article 116
Cases concerning labor disputes in which one party is an official public courts pending the entry into force of this Statute, will continue to be judged according to the law applicable at the time the court is seised.
Article 117
Provisions of this law shall be completed with the provisions of labor laws and regulations of common civil, administrative or criminal penalties where appropriate, to the extent they do not contravene the legislation specific to the public.
Article 118
Upon entry into force of this law, any contrary provisions are repealed.
Appendix
LIST
I
comprising public functions.
A general public functions. Public functions pertinent to senior civil servants
1. Secretary General of the Government;
----------
Pct. 1 in letter A Cap. Annex I of the force was reinstated by rejecting the Emergency Ordinance no. 3 of 11 February 2009, published in the Official Gazette no. 84 of 11 February 2009 by Law no. 379 of 10 December 2009 published in the Official Gazette no. 870 of 14 December 2009.
2. Deputy Secretary General of the Government;
----------
Pct. 2 in letter A Cap. Annex I of the force was reinstated by rejecting the Emergency Ordinance no. 3 of 11 February 2009, published in the Official Gazette no. 84 of 11 February 2009 by Law no. 379 of 10 December 2009 published in the Official Gazette no. 870 of 14 December 2009. 3
. secretary general of ministries and other bodies of the central government;
4. deputy secretary general of ministries and other bodies of the central government;
May. prefect;
June. subprefect;
July. government inspector.
B. 1
public management functions. director general of the autonomous administrative authorities, ministries and other specialized bodies of the central government;
2. Deputy Director General of the autonomous administrative authorities of the ministries and other specialized bodies of the central government;
March. secretary of the county and in Bucharest;
4. director of the autonomous administrative authorities of the ministries and other specialized bodies of the central government, chief executive officer of the decentralized public services of ministries and other specialized bodies of the central government and within local authorities and public institutions subordinated to them;
----------
Pct. 4 of letter B, Ch. Annex I of the amended section. 26, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 Pct. 26, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 and ceased its legal effects as the Constitutional Court Decision no. 1629 3 December 2009 published in the Official Gazette no. 28 of 14 January 2010.
Pct. 26, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 was repealed by section. 1 of art. LAW no unique. 264 of 22 December 2010 published in the Official Gazette no. 872 of 28 December 2010.
Pct. 4 of letter B, Ch. Annex I of reverted to the official form.
*) See Note to art. 95 when it is reproduced National Agency of Civil Servants opinion dated 2 September 2011.
May. deputy director of the autonomous administrative authorities of the ministries and other specialized bodies of the central government, deputy executive director in the decentralized public services of ministries and other specialized bodies of the central government and in public administration local and public institutions subordinated to them;
----------
Pct. 5 in letter B, Ch. Annex I of the amended section. 26, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 Pct. 26, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 and ceased its legal effects as the Constitutional Court Decision no. 1629 3 December 2009 published in the Official Gazette no. 28 of 14 January 2010.
Pct. 26, art. I of the Emergency Ordinance no. 105 of 6 October 2009, published in Official Gazette no. 668 of 6 October 2009 was repealed by section. 1 of art. LAW no unique. 264 of 22 December 2010 published in the Official Gazette no. 872 of 28 December 2010.
Pct. 5 in letter B, Ch. Annex I of reverted to the official form.
*) See Note to art. 95 when it is reproduced National Agency of Civil Servants opinion dated 2 September 2011.
June. Secretary of the municipality of Bucharest district, town and village;
July. Head of Service;
August. Head office.
C.
One public execution functions. advisor, legal advisor, auditor, expert, inspector;
2. expert reviewer;
March. referent.
NOTE:
1. General public functions other than those referred to in point. I shall be established with the National Agency of Civil Servants.
2. Public functions under letter B section. 1 and 2 may be established by the authorities and public institutions of local government who have a minimum of 150 posts.
March. Public management functions referred to in subparagraph B pt. 7 and 8, and execution public functions referred to in subparagraph C functions can be public state, territorial or local.
II.
A specific public functions. 1
public management functions. chief architect.
B.
One public execution functions. competition inspector;
2. Customs inspector;
March. labor inspector;
4. delegated controller;
May. expert in information technology and telecommunications;
June. Commissioner.
C. Other specific public functions
1. public manager.
Note
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NOTE:
Specific public functions other than those referred to in point. II may be established by public authorities and institutions, with the approval of the National Agency of Civil Servants.
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Note
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NOTE:
Reproduce below Art. IV-XIV of Law. 251/2006 amending and supplementing Law no. 188/1999 regarding the statute of civil servants, published in the Official Gazette of Romania, Part I, no. 574 of 4 July 2006, which were not included in the republished Law no. 188/1999 and applicable further as provisions of Law no. 251/2006 *)
"Art. IV. - (1) Notwithstanding the provisions of this law, in 2006, can participate in the contest for entry into the category of senior civil servants persons who meet the requirements of Art. 15 para. (2 ) a) c) of Law no. 188/1999 on the Statute of civil servants, republished, as amended and as amended and supplemented by this law. **)
(2) Pending the adoption of the Government decision referred to in art. 17 para. (3) of Law no. 188/1999, republished, as amended and as amended and supplemented by this law ***) contest organized for entry into the category of high civil servants recruitment is managed by a committee of senior civil servants appointed by the Prime Minister's Decision no. 38/2006 regarding the appointment of the competition Commission and the Commission for solving the appeals to recruit senior civil servants, published in the Official Gazette of Romania, Part I no. 314 of 7 April 2006.
(3) Notwithstanding the provisions of this law, may hold public office in the category of senior civil servants persons who have passed the qualifying examination, and people who have entered the category of senior civil servants under par. (1).
(4) Civil servants holding public office in the category of senior civil servants under par. (3) civil servants and public officials for the category of senior civil servants at the entry into force of this law do not meet the condition set out in art. 15 para. (2) d) of Law no. 188/1999, republished, as amended and as amended and supplemented by this law ****), are obliged to fulfill this condition within 2 years from the date of entry into force of this law, under penalty of dismissal.
(5) The condition in art. 51 ^ 1 par. (7) of Law no. 188/1999, republished, as amended and as amended and supplemented by this law *****) is not mandatory for recruitment of civil servants driving, if a temporary driving a public function and for civil servants occupying public office leadership over a period of 4 years from the entry into force of this law.
(6) Civil servants under par. (5) should fulfill the condition under Art. 51 ^ 1 par. (7) of Law no. 188/1999, republished, as amended and as amended and supplemented by this law *****), within the period prescribed under penalty of dismissal.
Art. V. - (1) joint secretaries, the entry into force of this law, not university may retain legal or administrative public function, with the obligation that until 31 December 2010 to meet the condition of having trials bachelor attested by a diploma or university degree lengthy graduated with a bachelor's degree or equivalent in legal or administrative specialty, under penalty of dismissal.
(2) Notwithstanding the provisions of art. IV para. (5) Joint Secretaries are required to meet the condition set out in art. 57 para. (7) of Law no. 188/1999
, Republished, as amended and supplemented, until 31 December 2012, under penalty of dismissal.
(3) Where the competitions organized for filling management public communal secretary does not show people who meet the study provided in par. (1) the condition of seniority in the positions of at least two years, people can apply and which do not fulfill these conditions, in the following order:
A) persons who have undergraduate studies, attested by a diploma or university degree lengthy graduated with a bachelor's degree or equivalent in legal or administrative specialist;
B) persons who have undergraduate studies, attested by a diploma or university degree lengthy graduated with a bachelor's degree or equivalent in another specialty;
C) persons who have secondary education attested by a diploma.
(4) In the situation provided in par. (3) occupying the leading public secretary of the commune is the period, with annual must organize the contest for it.
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Art. V amended by art. I of the Emergency Ordinance no. 90 of 30 June 2009, published in Official Gazette no. 457 of 1 July 2009.
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Art. VI. - The condition in art. 51 ^ 1 par. (7) of Law no. 188/1999, republished, as amended and as amended and supplemented by this law *****), shall be considered satisfied for civil servants who completed until the entry into force of this law, training and training in public administration, organized by the National Institute of administration, regional centers of training for local government, and other specialized institutions in the country or abroad, lasting at least one year, or that entry into force of this law, is one of those forms of education, provided completion of these studies by the deadline.
Art. VII. - (1) Within 6 months from the date of entry into force of this law, the proposal of the National Agency of Civil Servants, by government decision, approved:
A) rules on the organization and career development of civil servants;
B) rules on the organization and functioning of discipline;
C) rules on the organization and functioning of representative committees and collective agreements;
D) rules on mobility of senior civil servants.
(2) Within 10 months of the entry into force of this law, the proposal of the National Agency of Civil Servants, by government decision, approved:
A) rules on the training of civil servants;
B) the rules of organization and development of specialized training programs provided by this law.
(3) Pending adoption by the Government in para. (1) a) -c) shall apply accordingly the provisions of Government Decision no. 1.209 / 2003 regarding the organization and development of career civil servants, published in the Official Gazette of Romania, Part I, no. 757 of 29 October 2003, as amended, and Government Decision no. 1.210 / 2003 on the organization and functioning of discipline and parity committees within the public authorities and institutions, published in the Official Gazette of Romania, Part I, no. 757 of 29 October 2003.
Art. VIII. - The procedure for organizing and conducting competitions, the procedure for appointment of civil servants and disciplinary proceedings, ongoing entry into force of this Act, shall be completed in accordance with effect from the date of initiation of these proceedings.
Art. IX. - Ratings «exceptional» and «very good» obtained civil servants performance appraisal individual until the entry into force of this law shall be treated as the qualifier "very good" and the adjective "good" is equivalent to the rating "good".
Art. X. - The provisions of art. 49 ^ 3 of Law no. 188/1999 on the Statute of civil servants, republished, as amended and as amended and supplemented by this law ******) shall not apply to expenditure already committed after the entry into force of this law.
Art. XI. - The conditions of seniority referred to in art. 57 of Law no. 188/1999 on the Statute of civil servants, republished, as amended and as amended and supplemented by this law *******) shall not apply to civil servants who have fulfilled the conditions provided by law on appointment in public office.
Art. XII. - (1) In 2006, promotion to a higher public position vacant is by competitive examinations.
(2) To participate in the competition for promotion to a public execution of the main professional grade, civil servants must meet the following minimum requirements:
A) have a minimum length of 2 years in civil service grade of execution assistant in the appropriate class graduated studies;
B) have obtained performance appraisal for the past two years, at least the qualifier "very good";
C) meet the specific requirements of the job.
(3) To participate in the competition for promotion to a public execution of a higher rank, civil servants must meet the following minimum requirements:
A) have a minimum length of 2 years in civil service grade of execution principal or 4 years in public office for the executive assistant professional degree in the appropriate class graduated studies;
B) have obtained performance appraisal for the past two years, at least the qualifier "very good";
C) meet the specific requirements of the job.
Art. XIII. - This law comes into force 15 days after its publication in the Official Gazette of Romania, Part I, except art. 29, 56, 57, 58 ^ 1 and art. 60 ^ 1 par. (1) b) of Law no. 188/1999, republished, as amended and as amended and supplemented by this law ********), which enters into force on 1 January 2007 *).
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Art. XIV. - The entry into force of this law, the provisions of art. XV par. (2) and (3), art. XVI par. (4) - (6) and of the art. XX of Law no. 161/2003 on measures to ensure transparency in the exercise of public dignities, public functions and in business, prevent and punish corruption, published in the Official Gazette of Romania, Part I, no. 279 of 21 April 2003 as amended and supplemented, and any contrary provisions are repealed. "
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*) See also art. XV par. (1), art. XVI para. (1) - (3), art. XVII-XIX, art. XXI and art. XXII of Law no. 161/2003 on certain measures to ensure transparency in exercise of public dignities, public functions and in business, prevent and punish corruption, contained in the final mark of the first form republished Law no. 188/1999, published in the Official Gazette of Romania, Part I, no. 251 of 22 March **
2004.) Art. 15 para. (2) a) -c) became, after renumbering, art. 16 par. (2) a) -c). | ||
***) Art. 17 para. (3) has become, after renumbering, art. 18 par. (3).
****) Art. 15 para. ( 2) d) became, after renumbering, art. 16 par. (2) d).
*****) Art. 51 ^ 1 par. (7) has become after renumbering, art. 57 par. (7).
******) Art. 49 ^ 3 now, after renumbering, art. 52.
*******) Art. 57 now, after renumbering, art. 65.
********) Art. 29 now, after renumbering, art. 31; art. 56 now, after renumbering, art. 64; art. 57 now, after renumbering, art. 65; art. 58 ^ 1 now, after renumbering, art. 67 and art. 60 ^ 1 par. (1) b) became, after renumbering, art. 70 para. (1) b).
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