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The law granting increased risk to teachers and auxiliary teaching personnel, during the Covid pandemic, is unconstitutional, say sources from CCR for Agerpres.
The Romanian Constitutional Court accepted, on Wednesday, the notification of the Government on the law to grant a risk incentive to educational personnel, establishing that the normative act is unconstitutional, says the cited source.
The government notified the RCC at the beginning of November about the unconstitutionality of the normative act.
The project envisaged the granting of a risk incentive to teachers, as well as auxiliary and non-teaching personnel of pre-university and state university education, accredited private education and pre-university education units established in the structure of the institutions of higher education, in the amount of 2,000 lei. per month, respectively 1,500 lei per month, during the state of alert and emergency, for participation and exposure to the risk of spread of SARS-CoV-2. The act was adopted by the Chamber of Deputies on October 13.
“As of the 2020/2021 school / university year, during the alert / emergency situation established as a consequence of the epidemiological situation determined by the spread of SARS-CoV-2, teaching staff, auxiliary teaching staff and non-teaching staff of state pre-university and university education, as well as of the pre-university education units established in the structure of higher education institutions benefit from a risk incentive as follows: a) for an amount of 2,000 lei per month, for teaching staff; b) for a value of 1,500 lei per month, for auxiliary teaching staff and non-teaching staff. The risk stimulus is granted during the courses related to the school / university year during the state of alert / emergency, proportional to the time in which the people of the foreseen categories physically carry out their activity within the educational units in the presence of preschoolers / preschoolers / students / students “, provided the normative act.
According to him, the list of beneficiaries of the risk incentive is established monthly, by decision of the head of the educational unit, who is responsible for its preparation and has the obligation to communicate it to the school inspection.
The risk incentive provided for by this bill is not included in the monthly basis for calculating the social security contribution, the social health insurance contribution, respectively the work insurance contribution, regulated in the title “Contributions social obligations “of Law no. 227/2015 on the Tax Code.
Publisher: AA
