Content:
- Law No. 241/2023
- Law No. 252/2023
- Order No. 2386/555/2023
- Order No. 2387/554/2023
Law No. 241/2023
Law no. 241 published in the Official Gazette no. 673 of July 21, 2023 supplementing Law no. 53/2003 – Labour Code, brings the following clarifications:
Comment: A new article is inserted, namely Article 118 1 with the following content:
- Upon request, employees who have children up to the age of 11 under their care are entitled to 4 days per month of work at home or in teleworking, in accordance with Law no. 81/2018 regulating teleworking activities, except for situations where the nature or type of work does not allow for such conditions.
- If both parents or legal representatives are employees, the aforementioned request shall be accompanied by an affidavit from the other parent or legal representative, stating that they have not simultaneously requested remote work or telework for the same period.
- By way of exception from the provisions of Law no. 81/2018, employees who work under these conditions provided in point 1, are required to have all the means necessary to fulfil their work duties under the job description.
Law No. 252/2023
Law no. 252 published in the Official Gazette no. 678 of July 24, 2023 amending Art. 65 para. (5) of Law no. 263/2010 on the unitary public pension system, brings the following clarifications:
Comment: This law supplements the list of pollution-affected localities whose inhabitants benefit from a reduction of the standard retirement age by 2 years without penalty. We mention that people who want to benefit from these provisions must have lived for at least 30 years in areas affected by pollution.
Order No. 2386/555/2023
Order no. 2386/555/2023 published in the Official Gazette no. 662 of July 19, 2023 amending the Application rules of the provisions of Government Emergency Ordinance no. 158/2005 on medical leaves and social health insurance allowances, approved by Order of the Minister of Health and the President of the National Health Insurance House no. 15/2018/1.311/2017
Comment: This Order amends Article 6(6). 1 of the Application rules of Government Emergency Ordinance no. 158/2005, so as the minimum insurance period for granting the rights provided in art. 2 para. (1) letters a)-d1) of the Government Emergency Ordinance no. 158/2005, is 6 months completed in the last 12 months preceding the month for which the initial sick leave certificate is granted.
Also, throughout the application rules, the phrase “7 years” is replaced by the phrase “12 years”.
Order No. 2387/554/2023
Order no. 2387/554/2023 published in the Official Gazette no. 662 of July 19, 2023 amending Annex no. 1 to the Order of the Minister of Health and the President of the National Health Insurance House no. 1.192/745/2020 approving the standard medical leave certificate template, its instructions of use and filling out, based on which are granted the social health insurance allowances and those for accidents at work and occupational diseases, brings the following clarifications:
Comment: Annex 1 to the Order approving the standard medical leave certificate template is amended. Under the heading “Medical-surgical emergency/Infectious diseases of group A/Infectious diseases for which the isolation measure is established”, the phrase “Date/Signature” is replaced by the phrase “Date/Signature/Stamp”.
Allowance code 09 ‘Care of a sick child up to the age of 7 years old or disabled child for intercurrent illnesses until the age of 18’ is replaced by allowance code 09 ‘Care of sick child up to the age of 12 or disabled child for intercurrent illnesses until the age of 18’.
Medical leave certificate forms in the old format still in force are used until the existing stock is exhausted. On the old format forms, under allowance code 09, the specialist doctor or, depending on the situation, attending physician will write in the ‘Remarks’ column – ’09 Care of sick child up to the age of 12 or disabled child for intercurrent illnesses until the age of 18…85%’, using the signature and stamp.