Content:
• Decision No. 1071/2021
• Emergency Ordinance No. 117/2021
• Order No. 1244/901/2021
• Order No. 1245/902/2021
• Government Decision No. 1090/2021
• Order No. 920/2021
Decision No. 1071/2021
Decision no. 1071/2021 published in the Official Gazette Part I no. 950 of October 5, 2021, on establishing the minimum gross base salary guaranteed at national level, brings the following clarifications:
Comment: This normative act establishes the value of the minimum gross base salary guaranteed at national level starting with January 1, 2022, at RON2,550 per month, for an average work schedule of 167.333 hours / month, representing RON15.239 / hour, excluding bonuses and other allowances.
Emergency Ordinance No.117/2021
Emergency Ordinance no. 117/2021, published in the Official Gazette Part I no. 951of October 5, 2021, amending and supplementing Law no. 53/2003 regarding the Labour Code, brings the following clarifications:
Comment: This normative act establishes a series of provisions regarding the regulation of the “grey work” concept in the sense of defining it as a legal notion of “under-declared work” and “undeclared work”, and to sanction its practice to discourage it.
Among the new provisions that enter into force 15 days after the date of publication of this Ordinance we mention:
1. Article Article 15 1, letter d) which defines a form of undeclared work is amended and shall read as follows:
“d) receiving an employee at work by exceeding the working time provided in part-time individual employment contracts, except for situations referred to in Article 105 (1), letter c).”
2. A new Article 152 is introduced, which defines under-declared work:
“Article 152 – Under this law, under-declared work represents the payment of a net salary higher than the one established in the payroll slips and in the monthly return regarding the obligations to pay the social contributions and taxes, submitted to the tax authorities.”
3. Article 122, paragraph (1) is amended and shall read as follows:
„Article 122. – (1) Overtime is compensated by paid free hours in the following 90 calendar days after its performance. ”
4. Employers who do not pay wages on time and exceed the deadline by more than one month may be fined from RON5,000 to RON10,000 lei for each employee who has not received their salary. Employers who are subject to Law no. 85/2014 on insolvency prevention and insolvency proceedings are exempt.
5. The value of the fines in case of violation of the above-mentioned legal provisions is modified.
Order No. 1244/901/2021
Order no. 1244/901/2021, published in the Official Gazette Part I no. 956 of October 6, 2021, on establishing the value of the monthly indexed amount granted as childcare vouchers for the second semester of 2021, brings the following clarifications:
Comment: This normative act establishes, for the second semester of 2021, starting with October 2021, the value of the monthly amount that is granted as childcare vouchers is of RON490. This also applies for the first 2 months of the first semester of 2022, respectively February-March 2022.
Order No. 1245/902/2021
Order no. 1245/902/2021, published in the Official Gazette Part I no. 956 of October 6, 2021, establishing the nominal value of a meal voucher for the second semester of 2021, brings the following clarifications:
Comment: This normative act establishes that for the second semester of 2021, starting with October 2021, the nominal value of a meal ticket may not exceed RON20.09 (established according to Art. 33 of the Methodological Norms for the enforcement of Law no. 165/2018 regarding the granting of value tickets, approved by Government Decision No. 1,045/2018). This also applies for the first 2 months of the first semester of 2022, respectively February-March 2022.
Government Decision No. 1090/2021
Government Decision no. 1090/2021 published in the Official Gazette no. 962 of October 10, 2021, regarding the extension of the state of alert in Romania starting with October 10, 2021, and the measures established to prevent and combat the effects of the COVID-19 pandemic, brings the following clarifications:
Comment: This normative act regulates the extension of the state of alert on the territory of Romania for another month, as well as the measures to be applied to increase the response capacity, to ensure the resilience of communities and to mitigate the impact of the type of risk.
Order No. 920/2021
Order no. 920/2021 published in the Official Gazette no. 964 of October 8, 2021, for the approval of the standard templates of the request and affidavit provided in Article 5 (3) 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: This normative act, which entered into force within 3 days from the date of publication, approves the template of the request and affidavit provided for in Article 5 (3) 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. The template of the request is set out in Annex 1 to this Order, and the template of the affidavit is provided in Annex 2 to this Order.