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The settlement of the individual performance objectives of the employees

The settlement of the individual performance objectives of the employees: The individual performance objectives are set unilaterally by the employer after concluding the individual labor contract and it refer to the qualitative size, and not quantitative, of the labor, without confusing with the labor rule. The employer may set individual performance objectives with the strict compliance of the job description as well as for employees with a managing position, and also for those with execution position, except the unskilled workers and the persons with disabilities. * * * New liabilities concerning the fiscal residency of the natural persons in Romania: The Official Gazette of Romania, part I, no. 73 dated the 30th of January 2012 was published the ministry of Finances’ Order regulating certain aspects concerning the fiscal residency of the natural persons in Romania (Order no. 74/2012). The Order’s provisions are for the resident or non-resident natural persons, who arrive in or depart from Romania.  Among the most important aspect are the following: it is introduced the liability of the natural persons, who arrive in or depart from Romania for a period or more than 183 days, to complete “The questionnaire for determining natural person’s fiscal residency on arrival/departure in/from Romania”;   the forms are submitted to the fiscal body in whose territorial incidence have their domicile the natural persons, either in person, or by legal; it is introduced the liability of the natural non-resident persons whose fiscal residence was established in Romania by the fiscal bodies on the questionnaire submitted at the arrival in the country, to submit the form  concerning the fiscal residency also at the departure from Romania. * * * Changes with respect to the taxes paid in a single account: The Official Gazette of Romania, part I, no 94 dated the 6th of February 2012 published the Order of president of the National Agency for Fiscal Administration for changing the annex no. 1 of the Order of president of the Agency for Fiscal Administration no. 1.294/2007 concerning the taxes, contributions and amounts representing fiscal claims, which are paid by the contributor in a single account. As a result for the changes brought to the Tax Code by the Law no.125/2011, the regulatory changes the list of fiscal liabilities due to State, which are paid into the single account of “Revenues of the State budget”, so: was introduced in the list the income tax on land, as a result of applying the taxing system of the stop source; have been removed from the list the income taxes from selling goods in consignment, as well as the incomes on activities carried out by the allowance contracts or commercial mandate, as a result of their exclusion from taxable incomes by retaining the source. * * * Extension of the bankruptcy and insurers’ procedure: On Wednesday, 11th of January 2012, the Government approved the draft law for changing and completing the Law no.503/2004 concerning the financial recovery and the bankruptcy of the insurance companies. According to the draft law, will be extended the application of the bankruptcy procedure provided by the Law no. 503/2004 (which currently applies only for the insurance-reinsurance companies) also for the companies that practice the reinsurance (pure reinsurers), as a result of the implementation of the Law no. 32/2000, of the Directive no. 2005/68/CE on the reinsurance. Also, the draft law regulates a special term of prescription of 5 years, in which the guarantee Fund will be able to pay the allowances, as compared with the general term of 3 years. The draft law, also, completes the Law no. 503/2004 with a new section which regulates the dissolution and the liquidation (voluntary) of the insurance companies, including the insurance brokers, necessity issued as a result of certain situations encountered in practice in the last period of time. * * * The simplification procedure for issuing the certificate for space as a registered office: The Official Gazette of Romania, part I, no. 99 dated the 8th of February 2012 published the Order of president of the National Agency for Fiscal Administration no. 108/2012 for changing the Order of president of the National Agency for Fiscal Administration no. 2.112/2010 concerning the approval of the application and issuance Procedure of the certificate for the space as a registered office and the registration of the document certifying the right to use the space as a registered office, and also for the approval of the model and the content of certain forms. The regulatory establish measures to simplify the administrative formalities for founding the companies, so that the registration applications of the document which certify the right to use the space as a registered office will be taken over by the trade register offices along with the registration application with the registration/change of the registered office will be submitted to the financial administrations, along with the evidence documents of the right to use.

Andreea Roxana TUDOROIU

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