10 FEBRUARY, 2022 LEGISLATIVE NEWSLETTER

legislative

Content:

• Ordinance No. 2/2022
• Order No. 94/2022
• Decision No. 171/2022
• Order No. 83/2022

Ordinance No. 2/2022

Emergency Ordinance no. 2 of 20.01.2022 published in the Official Gazette no. 61 of January 20, 2022 establishing certain social protection measures for employees and other professional categories in the context of prohibiting, suspending or limiting the economic activities, due to the spread of SARS-CoV-2 coronavirus, as well as for amending and supplementing certain normative acts, brings the following specifications:

Comment: Starting with the date of entry into force of this emergency ordinance and until March 31, 2022, during the temporary suspension of the individual employment contract, at the initiative of the employer, according to Art. 52 para. (1) letter c) of Law no. 53/2003 – Labour Code, republished, with subsequent amendments and supplements, as a result of the effects produced by the SARS-CoV-2 coronavirus, the allowances received by the employees are set at 75% of the basic salary corresponding to the job held and are borne from the unemployment insurance budget, but not more than 75% of the average gross earnings provided by the Law on the State Social Insurance Budget for 2022 no. 318/2021.

During the temporary interruption or reduction of activity, the ordinance benefits those employees whose employers had to implement the measures to mitigate the impact of the type of risk provided in the Government decisions regarding the extension of the state of alert in Romania. These provisions also include employees of employers who ceased their activity as a result of the epidemiological investigation carried out by the county, respectively Bucharest public health authorities. The ordinance does not apply to employees who are on medical leave and receive the related social insurance indemnity.

Order No. 94/2022

Order 94/2022 published in the Official Gazette no. 99 of January 31, 2022 of the Minister of Labour and Social Solidarity approving the template of the documents provided in Art. 2 para. (1) of the Government Emergency Ordinance no. 2/2022 on the establishment of certain social protection measures for employees and other professional categories in the context of prohibiting, suspending or limiting the economic activities, due to the spread of SARS-CoV-2 coronavirus, as well as for amending and supplementing certain normative acts , brings the following clarifications:

Comment: It is approved the template of the application, that of the affidavit and of the list of persons who are to benefit from the allowance provided in Art. 2 para. (1) of the Government Emergency Ordinance no. 2/2022 on the establishment of certain social protection measures for employees and other professional categories in the context of prohibiting, suspending or limiting the economic activities, due to the spread of SARS-CoV-2 coronavirus, as well as for amending and supplementing certain normative acts, provided in Annex no. 1 and 2 and are an integral part of this order. The aforementioned documentation refers to the furlough allowance.

Decision No. 171/2022

Decision no. 171 of February 04, 2022 published in the Official Gazette no. 114 of February 04, 2022 regarding the extension of the state of alert in Romania starting February 7, 2022, as well as the establishment of the measures applied during it to prevent and combat the effects of the COVID-19 pandemic, brings the following clarifications:

Comment: Starting February 7, 2022, the state of alert is extended by 30 days throughout the country, established by Government Decision No 394/2020 regulating the state of alert and the measures applied to prevent and combat the effects of the COVID-19 pandemic.

Order No. 83/2022

Order no. 83 of January 17, 2022 published in the Official Gazette no. 50 of January 17, 2022 of the Minister of Health for the approval of the Methodological Norms regarding the conditions for granting the financial increase provided in Art. 7 para. (4) of the Government Emergency Ordinance no. 110/2021 regarding the granting of paid days off to parents and other categories of persons due to the spread of the SARS-CoV-2 coronavirus, brings the following clarifications:

Comment: In the situation referred to in Art. 7 para. (4) of Government Emergency Ordinance No 110/2021 regarding the granting of paid days off to parents and other categories of persons due to the spread of the SARS-CoV-2 coronavirus, the staff of healthcare units shall benefit from the increase granted in addition to the salary rights due, when the employer has not approved the request for granting the days off.

The provisions of this order shall apply during state of alert and after its termination, but no later than the end of the 2021-2022 school year.