Content:
• Emergency Ordinance No. 44/2021
• Government Decision No. 654/2021
• Law No. 168/2021
• Order No. 540/2021
• Government Decision No. 677/2021
• Government Decision No. 668/2021
• Emergency Ordinance No. 74/2021
Emergency Ordinance No. 44/2021
Emergency Ordinance no. 44 published in the Official Gazette no. 575 of June 07, 2021 Part I for the amendment of the Government Emergency Ordinance no. 132/2020 on support measures for employees and employers granted in the context of the SARS-CoV-2 pandemic, as well as for stimulating employment growth, brings the following clarifications:
Comment: This emergency ordinance introduces amendments and supplements to the support measures granted for persons working in the Arts field who, although no longer subject to severe restrictions, are subject to limitations relating to health protection measures or the number of participants in cultural or sporting events.
Article 3, paragraphs (1) and (5) of the Government Emergency Ordinance no. 132/2020 are amended and shall read as follows:
Art. 3. – (1) If the work time and/or income is reduced due to circumstances provided in Art. 1 paragraph (1), during its period of application, persons who benefited from the indemnity provided in Art. XV, paragraph (1) and (4) of Government Emergency Ordinance no. 30/2020, amending and supplementing certain normative acts, and establishing social protection measures in the context of the SARS-CoV-2 pandemic, approved with subsequent amendments and supplements by Law 59/2020, can request, based on a declaration of own responsibility, a monthly allowance of 41.5% of the average gross salary provided by the Law on the state social insurance budget for 2021 no 16/2021.
The allowance is granted to persons who benefited from the indemnity provided in Art. XV, paragraph (1) and (4) of Government Emergency Ordinance no. 30/2020, respectively other professionals as regulated in Law No 287/2009 on the Civil Code, Art. 3 paragraph (2) republished, with subsequent amendments, as well as to those who have concluded individual labour agreements based on Law no. 1/2005 on the organisation and functioning of cooperatives, and to natural persons who obtain incomes exclusively from copyright and related rights, as regulated by Law no. 8/1996 on copyright and related rights, republished, with subsequent amendments and supplements.
Article II of this amendment mentions that the provisions of art. I shall apply starting with the benefits for June 2021.
Government Decision No. 654/2021
Government Decision no. 654 published in the Official Gazette no. 611 of June 18, 2021 Part I for the amendment and supplement of the Methodological Norms regarding the posting of employees for the provision of transnational services on the Romanian territory, approved by Government Decision no. 337/2017, brings the following clarifications:
Comment: This Government Decision amends and supplements the Methodological Norms regarding the posting of employees for the provision of transnational services on the Romanian territory, as follows:
The enterprises referred to in Article 3, letter a) of the Law are obliged to submit the statement on the transnational posting of employees to the competent territorial labour inspectorate before the start of the activity and any subsequent change thereof has to be submitted, at the latest, on the day of the change.
Among other things, this Government Decision amends the obligation to notify the extension of the posting and also establishes the precise means of informing the authorities (by letter, email or on-line through the platform provided by the authorities).
Law No. 168/2021
Law no. 168 published in the Official Gazette no. 618 of June 23, 2021 Part I for amending Art. 159 of Law no. 263/2010 on the public pension system, as well as for the adoption of measures in the field of insurance of personal insurance in the public pension system, brings the following clarifications:
Comment: This law approves Government Emergency Ordinance no. 163 of September 24, 2020 supplementing Art.159 of Law no. 263/2010 on the public pension system.
Art. II, paragraph 1 is amended and specifies that until September 1, 2023, the persons referred to in Art. I can conclude a social insurance contract in order to obtain the retirement age pension.
The social insurance contributions due can be paid in single or monthly instalments, by August 31, 2023. Failure to pay the contributions due in full, will result in the contribution period being established based on the amounts actually contributed.
Order 540/2021
Order no. 540 published in the Official Gazette no. 622 of June 24, 2021 Part I regarding the amendment of Annex 1 to the Order of the Minister of Labour and Social Protection No. 741/2020 for the approval of the template of the documents provided in Art. XII para. (1) of the Government Emergency Ordinance no. 30/2020, amending and supplementing certain normative acts, and establishing social protection measures in the context of the SARS-CoV-2 pandemic, with amendments and supplements brought by Government Emergency Ordinance no. 32/2020 for the amendment and supplement of Government Emergency Ordinance no. 30/2020, amending and supplementing certain normative acts, and establishing social protection measures in the context of the SARS-CoV-2 pandemic, brings the following clarifications:
Comment: This Order amends the table of restricted activities under Law No 55/2020 on certain measures to prevent and combat the effects of the COVID-19 pandemic, as subsequently amended and supplemented, and is replaced by the Annex which forms an integral part of this Order.
Government Decision No. 677/2021
Government Decision no. 677/2021 published in the Official Gazette no. 628 of June 25, 2021 Part I regarding the amendment of the Government Decision no. 719/2020 for the approval of the settlement and payment procedure of the amounts granted based on the Government Emergency Ordinance no. 132/2020, brings the following clarifications:
Comment: This Decision brings changes to the settlement and payment procedure of the amounts granted based on the Government Emergency Ordinance no. 132/2020.
Government Decision No. 668/2021
Government Decision no. 668 published in the Official Gazette no. 638 of June 29, 2021 Part I amending the Methodological Norms for the application of Law no. 210/1999 on paternity leave approved by Government Decision no. 244/2000, brings the following specifications:
Comment: This Government Decision brings additions to the Methodological Norms for the application of Law no. 210/1999 on paternity leave approved by Government Decision no. 244/2000, for persons employed in the defence, public order and national security system.
Emergency Ordinance No. 74/2021
Emergency Ordinance no. 74 published in the Official Gazette no. 645 of June 30, 2021 Part I for the amendment and supplement of Government Emergency Ordinance no. 158/2005 on leaves and social health insurance allowances, for the amendment of Art. 299 paragraph (4) of Law no. 95/2006 on healthcare reform, as well as for the establishment of certain measures in terms of granting medical leaves, brings the following clarifications:
Comment: This Emergency Ordinance brings changes to the Ordinance 158/2005 on leaves and social health insurance allowances, healthcare reform, as well as for the establishment of certain measures in terms of granting medical leaves, including the following:
- The phrase “contribution period” is replaced by “insurance period”
- The obligation to issue a doctor’s certificate also for maternity leave certificates, for the care of a sick child, as well as in the case of maternal risk;
- The value of the monthly income for which is paid the insurance contribution due for leaves and allowances in the case of natural persons insured in the social health insurance system based on an insurance contract for leaves and allowances;
- The persons who travel for personal interest in areas with ongoing epidemic, epidemiological or biological risk with a highly pathogenic agent, and who are quarantined when they return to Romania, will benefit from a quarantine leave and allowance borne from the Single National Social Health Insurance Fund (FNUASS) for a period of 5 days, in accordance with the application rules established herein, approved by Order of the Minister of Health and the President of the National Health Insurance House no. 15/2018 / 1.311 / 2017 , with subsequent amendments and supplements;
- For rejected payments for allowances borne from the Single National Social Health Insurance Fund (FNUASS) and duly notified by the health insurance houses, the employers can submit a new reimbursement request, accompanied by supporting documents proving that the reasons for rejection have been remedied, until December 31, 2021.
Starting January 1, 2022, the deadline for remedying the reasons for rejection and submission of the reimbursement requests accompanied by supporting documents shall be a maximum of 90 days from the date of receipt of the notification.
The amounts listed in the reimbursement requests submitted at the health insurance houses, outside the previously provided deadlines, are permanently rejected for payment and are not reimbursed from the budget of the Single National Health Insurance Fund. - Persons who submit medical leave certificate(s) to one or more of their employers, but work for the others during this time shall be fined.
The amendments to GEO 158/2005 listed above shall enter into force on August 1, 2021.