Legislative Newsletter June 3, 2014

Contains:

  • Resolution no. 119/2014
  • Law no. 333/2003 – republished
  • Order no. 424/2014
  • Decision no. 41/2014
  • Law no. 211/2011 – republished
  • Order no. 433/138/2014

Resolution no. 119/2014

Resolution no. 119 of 19.02.2014, published in Official Gazette Part I no. 197 of 20.03.2014, amending and supplementing the Methodological Norms for applying Law no. 76/2002 regarding the unemployment insurance system and stimulation of labor, approved by Government Decision no. 174/2002, and to amend the Methodological Norms for enforcement of the Law no. 116/2002 on preventing and combating social exclusion, approved by Government Decision no. 1149/2002, makes the following remarks:

Comment: Among the amendments brought by the present decision of the Methodological Norms to Law 76/2002 on the unemployment insurance system and stimulation of labor, we mention:

  • Details on communication by the employers of job vacancies and their employment as they were introduced in the law;
  • Correlation of the provisions related to the non-imputable reasons within the meaning of art. 17 para. (1) from the law on termination of employment or service with the Labor Code provisions;
  • May sign contracts of insurance for unemployment also the husbands/wives of the people that hold individual companies or work as freelancers. In order to benefit from the unemployment allowance, the contributors should not realise other taxable incomes, excluding incomes from investments or compensatory salaries;
  • Definition of the activities authorized by the law and persons who have no income, provided by law, in accordance with Law’s provisions no. 571/2003 regarding the Fiscal Code, as amended and supplemented;
  • Changes were made to the forms used, including Appendix 26 (employer’s certificate)


Law no. 333/2003 – republished

Law no. 333 of 2003, regarding protection of objectives, goods, values and personal protection was republished under art. 107 para. (3) of Law No 255/2013 for the implementation of Law no. 135/2010 on the Criminal Procedure Code and to amend certain acts which contain provisions of criminal procedure, in MO Part I no. 189 of 18.03.2014, giving the texts a new numbering.

Order no. 424/2014

Order no. 424 from 19.03.2014, published in the Official Gazette Part I no. 217 of 26.03.2014 on the approval of specific criteria that underlie the accreditation of social service providers, makes the following mentions:

Comment: The present order approves the criteria for accreditation of providers of social services. Accreditation criteria are binding on all social service providers, public and private, and their compliance verification is done by the staff of the Ministry of Labor, Family, Social Protection and Elderly.
The appendix containing the specific criteria is an integral part of the order.


Decision no. 41/2014

Decision No. 41 of 18.03.2014, published in Official Gazette Part I no. 218 of 27.03.2014, on establishing a model of authorization for the transfer abroad of personal data based on binding corporate rules (Binding Corporate Rules – BCR), makes the following remarks:

Comment: According to the law on personal data protection, any data controller is obliged to notify the National Supervisory Authority for Personal Data Processing regarding any transfer of personal data to another country.
In addition, in the case of such transfer of personal data, may be required also additional demands depending on the destination country of the data.
Authorisation provided under this decision includes:

  • the nature of the personal data transmitted,
  • the purpose of processing,
  • persons concerned,
  • guarantees for the protection of fundamental rights established based on binding corporate rules (Binding Corporate Rules – BCR)

Law no. 211/2011 – republished

Law no. 211 of 2011 regarding the waste regime was republished under Art. 248 of Law 187/2012 for the implementation of Law no. 286/2009, in the Official Gazette Part I, no. 220 of 28.03.2014, giving the texts a new numbering.

Order no. 433/138/2014

The common Order no. 433 of 20 March 2014 and 138 of March 21, 2014, published in Official Gazette Part I no. 245 of 07.04.2014, for completing the Classification of Occupations in Romania – level of occupation (six characters), approved by Ministry of Labor, Family and Social Protection and the INS’ president no. 1832/856/2011, makes the following mentions:

Comment: The present order completes the Classification of Occupations in Romania (six characters) with descriptions and occupations related to basic groups newly introduced according to GD no 1116/2013 (specialists in administration not classified in the previous basic groups, teachers in primary and preschool, instructors and persons assimilated from education, education staff not classified in the previous basic groups).
 

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