Salary increase for employees who are not entitled to leave under Law 19/2020

There is a great deal of exposition on the subject of leave granted under Law No. 19/2020 on the granting of days off to parents for the supervision of children in the event of the temporary closure of educational establishments. Many categories of employees cannot benefit from this leave because of the field in which they work, but who can benefit from salary increases?

According to Article 32 of Decree 195/2020 of the President of Romania, “(1) During the state of emergency, the provisions of Law no. 19/2020 on the granting of days off to parents for the supervision of children, in the event of the temporary closure of educational establishments, do not apply to employees of the national defense system, employees of penitentiaries, staff of public health establishments and other categories established by order of the Minister of Internal Affairs, the Minister of Economy, Energy and Business Environment, and the Minister of Transport, Infrastructure, and Communications, as appropriate.
(2) The personnel referred to in paragraph 1 shall be subject to the following (1) shall be entitled to a salary increase in the amount provided for in Article 3 (1). (1) of Law No. 19/2020, if the other parent does not benefit from the rights regulated in this law.”

Then, Art. 3 para. (1) of Law No. 19/2020 states that “the allowance for each day off shall be paid from the chapter on staff costs in the employer’s income and expenditure budget and shall amount to 75% of the salary corresponding to one working day, but not more than the daily equivalent of 75% of the average gross salary used to base the state social security budget”.

Thus, by reference to the provisions of Law No 19/2020 in conjunction with Art. 3 of Law 277/2010, to obtain the benefits, “parent” is also understood to be a single person in a single-parent family, a person who is unmarried, widowed, or divorced, or whose spouse has been declared missing/disappeared by court order, has a spouse who has been remanded in custody for more than 30 days or is serving a custodial sentence and does not participate in the maintenance of the children or has been appointed guardian or has been entrusted with or has been given custody of one or more children and is unmarried/widowed/divorced.

As such, parents (including the categories mentioned in the previous paragraph) who:

1. work in the national defense system, prisons, public health units, and other categories to be determined by order of the Minister of Internal Affairs, the Minister of Economy, Energy and Business Environment, and the Minister of Transport, Infrastructure, and Communications, as appropriate,
2. have children up to the age of 12 or have disabled children up to the age of 18 enrolled in an educational establishment,
3. the other parent does not benefit from the leave provided for by Law 19/2020, are entitled to a salary increase amounting to 75% of the salary corresponding to one working day, but not more than the daily equivalent of 75% of the average gross earnings used to calculate the state social security budget.

To date, Order No 51 of 24 March 2020 of the Ministry of Interior Affairs has been issued to determine the categories of MAI personnel to whom the salary increase shall be granted, namely: police officers, military personnel, and civilian personnel employed in:
(a) units of the central apparatus of the Ministry of Internal Affairs
b) units, institutions, or structures subordinated to/in the Ministry of Internal Affairs (Units, institutions, and structures subordinated to/in the Ministry of Internal Affairs framework: 1. Romanian Police 2. Romanian Gendarmerie 3. General Inspectorate for Emergency Situations 5. General Inspectorate for Immigration 6. General Aviation Inspectorate of the Ministry of Internal Affairs 7. General Directorate for Internal Protection8. General Anti-Corruption Directorate 9. National Administration of State Reserves and Special Problems 10. Prefect Institution 11. General Directorate of Passports 12. Directorate for Personal Records and Database Administration 13. Directorate for Driving Licences and Vehicle Registration 14. National Anti-Drug Agency – at directorate level 15. National Agency against Trafficking in Human Beings – Directorate level 16. National Archives 17. Alexandru Ioan Cuza Police Academy 18. Institute for Public Order Studies 19. National SIS Centre – Directorate level 20. Sectoral Pension House of the Ministry of Internal Affairs 21. Dinamo Sports Club Bucharest 22. Centre for Psychosociology of the Ministry of Internal Affairs – at directorate level 23. Structures subordinated to central units, Units, institutions, and systems under the coordination of the Ministry of Internal Affairs, i.e., COMICEX – S.A. Commercial Company).
To date, no other categories of employees have been established by order of the Minister of Economy, Energy, and Business Environment or the Minister of Transport, Infrastructure, and Communications who may benefit from salary increases under the above provisions.

As regards the amount that can benefit the employees included in Order 51/2020 of the MAI, from the national defense system, employees from prisons, and staff from public health units, Article 15 of Law 6/2020 on the state social insurance budget for 2020, provides for an amount of 5,429 lei for this average gross salary used to base the state social insurance budget for 2020.

Thus, regardless of the monthly salary, the increase granted to employees in the areas indicated can be a maximum of 4,071.75 lei.

Below, you can find the forms contained in Order 51/2020 of the MAI for parents who fall into the above-mentioned categories. These models can be used even by employees who do not fall under the MAI Order, but who, for the identity of reason, fall under Art. 32 para. (1) of Decree 195/2020 of the President of Romania.

• Model –
  AFFIDAVIT
  (of the parent requesting a salary increase)
  The undersigned, ……………………………., residing in …………………………………., with the identification number ……., serial number …….., ……………….., CNP ……………………., employed at ……………………………….., in the position of ………………………….., aware of the provisions of Article 326 of Law No. 286/2009 on the Criminal Code, as amended and supplemented, regarding false statements, hereby declare under my own responsibility:

1. I have the quality of the following:
   a) [ ] the natural parent, according to Law No 287/2009 on the Civil Code, republished, as amended;
   b) [ ] the adopter;
   c) [ ] the person who has the child/children in care for adoption;
   d) [ ] the person who has the child in foster care or guardianship;
   (e) [ ] the person designated under Article 104 (2). (2) of Law No 272/2004 on the protection and promotion of the rights of the child, republished, as subsequently amended and supplemented;
   f) [ ] the parent or legal representative of the adult with a disability enrolled in an educational establishment.
   The situations under (a) to (f) shall be completed only by those with children up to 12 enrolled in an educational establishment or children with disabilities up to 18 registered in an educational establishment.
   g) [ ] the parent or legal representative of a child with a severe disability who is not in school and who has opted for the allowance under Law No 448/2006 on the protection and promotion of the rights of persons with disabilities, republished, as subsequently amended and supplemented, under the terms of Article 1(1) of the Law No 448/2006. (3^1) of Law No 19/2020, as amended and supplemented;
   h) [ ] the parent or legal representative who has in care, supervision, and maintenance the adult person classified as severely disabled or as severely disabled with a personal assistant for whom it has opted for the granting of the allowance under the terms of Law no. 448/2006, republished, as amended and supplemented, under the terms of Art. 1 para. (3^2) of Law no. 19/2020, as amended and supplemented;
   Of the child/children:
   a) name and surname ……………………………………………………………….., aged ……. years;
   b) surname and first name ……………………………………………………………….., aged …….;
   c) surname and first name ……………………………………………………………….., aged ……..
2. I am not a personal assistant to one of my dependent children under the terms of Law No 448/2006 on the protection and promotion of the rights of persons with disabilities, republished.
3. I am [ ]/I am not [ ]^1 in a single-parent family situation, as defined in Article 3 of Law No 277/2010 on family support allowance, republished, as amended and supplemented^2.

Date
………………
Signature
………………………….
^1 Please tick the parent’s situation.
^2 Art. 3. – Single person, within the meaning of Art. 2 para. (2), means the person who is in one of the following situations:
a) is unmarried;
b) is widowed;
c) is divorced;
d) has a spouse declared missing by a court order;
e) has a spouse who has been remanded in custody for more than 30 days or is serving a custodial sentence and does not participate in the maintenance of the children;
f) has not reached the age of 18 and is in one of the situations referred to in points a) to e);
(g) has been appointed guardian or entrusted with or given custody of one or more children and is in one of the situations referred to in points (a) to (c).

AFFIDAVIT
(of the other parent)
The undersigned, …………………………………, residing at ………………………………, with the identification number ……., serial number …….., ……………….., CNP ……………………., employed at ……………………………, in the position of ……………………………..,
parent/person assimilated to the parent/legal representative of the child/children:

1. first and last name …………………………………………………………….., age …….;
2. first and last name …………………………………………………………….., age …….;
3. first and last name ……………………………………………………………, age …….,
   Aware of the provisions of Article 326 of Law No. 286/2009 on the Criminal Code, as amended and supplemented, concerning false statements, I hereby declare, under my own responsibility, that during the state of emergency established by Decree No. 195/2020, I do not benefit from the days off granted under Article 1 or the increase provided for in Article 3^1 of Law No. 19/2020 on granting days off to parents for the supervision of children, in the event of suspension of classes or temporary closure of educational establishments, as amended and supplemented.
   At the same time, I declare that I am not on holiday or leave without pay.

Date
………………
Signature
………………………….

lawyer Andaluna Bogdan