Proof of the periods of activity carried out in work places under special conditions, prior to 1st of April 2001. Proof of the contribution periods completed after 1st of April 2001

DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Abstract

The legal provisions distinguish a difference between proving the periods of activity carried out in work places under special conditions, prior to 1st of April 2001, which can be made on the basis of their registration in the workbook, according to Decree no. 92/1976 or on the basis of a certificate issued by the employer, on the one hand, and, on the other hand, the proof of the contribution periods completed after 1st of April 2001 is made exclusively on the basis of the initial or rectifying statements regarding the nominal record of the insured and the payment obligations to the state social insurance budget, without regulating a role in this regard to the workbook or other documents. As long as based on the statements regarding the initial nominal record of the insured and the payment obligations to the state social insurance budget, the employee appears to have worked under normal conditions, after 1st of April 2001, the employer cannot be obliged to pay related contributions for special conditions. Even if hypothetically, the employer would be obliged to pay contributions for special conditions, given that such a decision is not opposable also to the house of pensions, the latter could not make that payment, without the statements being changed in regard to the initial nominal record of the insured and the payment obligations to the state social insurance budget, which attests such a contribution period.