​All state employees who have not yet reached the size of official salaries provided for in the 2022 grid of the Labor Law will receive from August of this year a quarter of the difference between the amount provided for in this grid and the salaries to be paid. This is stated in the draft emergency resolution, which will be submitted to the government on Friday. With another order, the executive power wants to solve the problems that arose as a result of the decision to suspend work in the civil service from July 1, 2022.

This GEO project is about increase by a quarter of official salaries of state employees This month, the Department of Labor announced a public hearing after the legislation was initially targeted salary increase for state employees up to 50%.

Why and by how much will the salaries of state employees increase

In the explanatory note to the GPI project, which was included in the Government’s agenda on Friday, it is stated that “the right to remuneration of employees of the budget sector during the last 2 years was not increased as a result of fiscal and budgetary measures adopted in the current economic context, according to with the exception of personnel in the field of health care and education”.

• “The crisis caused by the COVID-19 pandemic has determined the adoption of sanitary and economic measures at the national level, which have created imbalances at the level of macroeconomic indicators, and in the absence of concrete and quick measures, the relevant categories of people will become even more vulnerable to this extraordinary resolution, due to the decrease in purchasing power capacity, which will significantly affect the standard of living of the population and increase the risk of extreme impoverishment.” it is shown in the document.

As a result, with the help of the draft emergency decree, it is proposed to introduce the following provisions into Article I of the government’s emergency decree No. 130/2021 regarding some fiscal and budgetary measures (…)

• providing, as an exception to the provisions of clause (1), starting from August 2022, a quarter of the difference between the basic salary provided for by the Framework Law No. 153/2017, with subsequent amendments and additions, for 2022 and December 2021.,
• award, starting August 2022, for new hires, for staff appointed/recruited in the same institution/government body to positions of the same type, including for staff promoted in positions or professional titles/grades, and for staff , who is promoted in the appropriate gradation of seniority for the period January-July 2022, one-fourth of the difference between the basic salary provided for by the Framework Law No. 153/2017, as amended, for 2022 and that of July 2022.

The explanatory note does not indicate the impact on the budget, stating only that “the application of the provisions will be carried out with the inclusion of budget-approved personnel costs for each main loan officer.”

• SEE DRAFT GEO AND KEYNOTE HERE

What problems arose due to the decision to suspend employment in the budget sector from July 1, 2022

Another emergency resolution, which will be considered at the cabinet meeting on Friday, is aimed at regulating some temporary measures regarding the filling of public positions by transfer at will.

The executive says that there are problems caused by the Emergency Decree 80/2022, which decided that from July 1, 2022 to December 31, 2022, the occupation of vacant or temporarily vacant positions in the budget sector will be suspended by competition or examination, except for unique positions.

• “In this context, most state bodies and institutions find themselves in a situation of filling vacant positions with personnel who are already in the state sector, thus competition between institutions and state bodies arises a much greater emphasis on providing the human resources necessary for ongoing operations compared to the period when it was possible to attract staff through recruitment.
• Thus, the methods of changing the service relations of civil servants, which already exist in the state administration, have become mechanisms by which institutions and bodies of state power attract additional personnel, especially through the transfer of personnel from other institutions and bodies of state power.” this is shown in the explanatory note.

Decision: Changing the rules of transfer on request to a public position

Well, state employees have two methods of enumeration provided for by law: respectively transfer in the interest of the service and transfer at the request of a civil servant.

Transfer procedure in the interest of the serviceprovides for both the application of the head of the state body or institution where the state employee will carry out his activities, and the written consent of the state employee, as well as the consent of the head of the state body or institution. where the civil servant is assigned.

Transfer procedure upon requeston the other hand, provides for the declaration of will of the civil servant and the head of the body in which the civil servant will carry out his activities, but not the declaration of will of the head of the civil servant or institution where the civil servant is currently assigned, he is obliged to issue the administrative act necessary for the transfer.

• “In this way, situations arise when certain structures from institutions and bodies of state power, both from the central and from the local state administration, can register significant losses of specialized personnelare no longer able to carry out their current activities under appropriate conditions, which affects the quality of activities carried out by the public administration and the quality of services offered to citizens/beneficiaries of the services offered by the public administration”. this is shown in the explanatory note.

As a result, the new GEO stipulates that “only for the period from the entry into force of the regulatory act and until the termination of the application of the emergency order No. 80/2022, in the procedure of transfer upon request, the manifestation of the will of the head of the state body or institution to which the civil servant is assigned must intervene, which allows managers of state bodies and institutions to know, forecast and organize them to manage human resources more effectively.”

In order to clarify the procedure for the transitional period, the duty of the head of the state authority or the institution where the civil servant works has been introduced within 5 working days from the day of receiving the notification of approval of the request for transfer upon request.

• SEE DRAFT GEO AND KEYNOTE HERE