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New legislative amendments in the labor field

Mihaela Bondoc
Mihaela Bondoc
Daniela Nițu Gladunea

Government Emergency Ordinance no. 111/2021 setting forth social protection measures for employees and other professional categories in the context of the prohibition, suspension or limitation of economic activities generated by the epidemiological situation caused by the spread of SARS-CoV-2 coronavirus (“GEO 111“) regulates certain support measures.

As from the enforcement of GEO 111 until December 31, 2021, during temporary suspension of the individual employment contract by the employer for economic, technological reasons, etc. due to the SARS-CoV-2 coronavirus, the allowances granted to employees shall be set at 75% of the base salary corresponding to the occupied job position which shall be borne from the unemployment insurance budget, but no more than 75% of the average gross salary earnings.

The employees benefit of this allowance during the temporary interruption of the activity, in whole or in part, in the context of the increase in the incidence of the SARS-CoV-2 coronavirus spread and of the measures to reduce the impact of the type of risk provided by Government decisions for the extension of the state of alert on the territory of Romania, as well as the employees of the employers whose activity was suspended as a result of the epidemiological investigation carried out by the public county health directorate

In order to grant the amounts necessary for the payment of the allowance, employers must submit certain documents, the templates of which will be approved within 10 working days after the enforcement of GEO 111.

Four regulatory acts of interest to both employers and employees, were published in the Official Gazette.

MINIMUM SALARY

According to the Government Decision no. 1.071/2021 for establishing the minimum gross base salary at national level guaranteed in payment (“GD 1.071”), as of 1 January 2022, the minimum monthly gross base salary at a national level guaranteed in payment shall be of RON 2,550. The GD 1.071 no longer provides for the minimum gross base salary at a national level guaranteed for payment for the staff occupying job positions that require university degree, having at least one year seniority in the field of activity of the university studies.            

AMENDMENTS TO THE LABOR CODE

Government Emergency Ordinance no. 117/2021 for the amendment and supplementing of Law no. 53/2003 – Labor Code (“GEO 117”) regulates a  new case of non-declared work, respectively receiving an employee with part time employment contract at work after the working time, being sanctioned by fines of up to RON 15,000 per identified person, but without exceeding the cumulated value of RON 200,000. Also, the sub-declared work is defined as being granting a net salary higher than the one evidenced under the payment documents and the monthly statement submitted with the tax authorities, sanctioned by fines of up to RON 10,000 per person identified without exceeding the cumulated value of RON 100,000. Also, the period in which overtime may be compensated by free paid hours is of 90 calendar days as of the performance of overtime. The payment of the salary by the employer with a delay of more than one month represents misdemeanor and is sanctioned by fine. The provisions related to the sanctions enters into force within 15 days as of the publishing of the GEO 117 within the Official Gazette.

LEAVE DAYS FOR PARENTS

Government Emergency Ordinance no. 110/2021 on leave days granted to parents and to other categories of persons in the context of SARS-CoV-2 coronavirus spread („GEO 110”) provides that leave days are granted to one of the parents for the supervision of children of up to (and included) 12 years of age, as well as for parents who have in their care children or adults with a disability, enrolled in an education institution, or enrolled in a pre-university education unit, including an early childhood prep school.

The provisions of GEO 110 shall be applicable during the state of alert and after its end, but no later than the end of 2021-2022 academic year, holidays excluded, if didactic activities that presuppose children’s physical presence in the education and early childhood prep school units where they are enrolled are limited or suspended, subject to the applicable legislation.

These provisions shall apply only to the aforementioned parents, who cumulatively meet certain conditions, existing also exempted categories.

Parents shall be entitled to paid leave days (with a daily allowance of 75% of the base salary corresponding to a working day, but not more than the daily amount corresponding to 75% of the gross average salary used for calculating the public social insurance budget.

The amounts representing the allowance granted to parents under GEO 110 shall be paid by the employer and disbursed to it by the state, under certain conditions.

The template documents and the procedure for the disbursement of the amounts are to be adopted within 3 working days as of the enforcement of GEO 110.

Failure to meet this obligation shall be sanctioned with a fine ranging between RON 1,000 and RON 2,000 for each individual whose leave days are denied by the employer, without exceeding the cumulated value of RON 20,000 (the provisions shall enter into force within 10 days as of the publication of GEO 110 in the Official Gazette).

TECHNICAL UNEMPLOYMENT

Government Emergency Ordinance no. 111/2021 setting forth social protection measures for employees and other professional categories in the context of the prohibition, suspension or limitation of economic activities generated by the epidemiological situation caused by the spread of SARS-CoV-2 coronavirus (“GEO 111”) regulates certain support measures.

As from the enforcement of GEO 111 until December 31, 2021, during temporary suspension of the individual employment contract by the employer for economic, technological reasons, etc. due to the SARS-CoV-2 coronavirus, the allowances granted to employees shall be set at 75% of the base salary corresponding to the occupied job position which shall be borne from the unemployment insurance budget, but no more than 75% of the average gross salary earnings.

The employees benefit of this allowance during the temporary interruption of the activity, in whole or in part, in the context of the increase in the incidence of the SARS-CoV-2 coronavirus spread and of the measures to reduce the impact of the type of risk provided by Government decisions for the extension of the state of alert on the territory of Romania, as well as the employees of the employers whose activity was suspended as a result of the epidemiological investigation carried out by the public county health directorate.

In order to grant the amounts necessary for the payment of the allowance, employers must submit certain documents, the templates of which will be approved within 10 working days after the enforcement of GEO 111.

Mihaela Bondoc, Partner BONDOC & ASOCIAȚII
Daniela Gladunea, Managing Associate BONDOC & ASOCIAȚII

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