Maternity allowance. Denial. Interpretation of the rules of GEO No 158/2005

DREPTUL MUNCII ŞI ASIGURĂRILOR SOCIALE

Abstract

The refusal to pay the maternity allowance was based on the fact that the minimum period of contribution was 126 working days.

The defendant considered that it could not receive payment for the two certificates because, in its view, Article 6(2) of the Implementing Rules and not Art. 6 para. (1). The first text reveals an example of the calculation of the period when there are not 6 full months of insurance cover, taking into account a total number of working days in this period of 126 days, and the number of days of insurance cover is 111 days.

These provisions of Article 6 para. (2) of the Implementing Rules of GEO No 158/2005 had no applicability to the situation of the appellant-claimant, who by effect of the insurance contract concluded was in the tenor given by Art. 1 para. (2) of GEO No 158/2005 and, respectively, of Art. 6 para. (1) of the Rules, the contribution period being therefore the standard 6 months.

In the case of insurance by contract, the period could not be calculated in working days, as in the case of employees who are not working and who have no income in the last 6 months preceding the month for which sick leave is granted. The existence of the insurance contract made it unnecessary to refer the Constanta Health Insurance Fund (which, moreover, was also maintained in the statement of defence) to the regulatory provisions applicable to the persons referred to in Article 1(1) of GEO no. 158/2005.