Content:
• Order no. 1096/3453/2021
• Order no. 1909/856/2021
• Decision no. 1050/2021
• Emergency Ordinance no. 110/2021
• Emergency Ordinance no. 111/2021
Order no. 1096/3453/2021
Order no. 1096/3453/2021 published in the Official Gazette no. 900 of September 20, 2021 establishing the value of the indexed amount that is granted as cultural vouchers for the second semester of 2021, brings the following clarifications:
Comment: This normative act stipulated that for the second semester of 2021, the value of the amount to be granted monthly, respectively occasionally, as cultural vouchers is of maximum RON160/month, respectively of maximum RON330/event. The nominal value established in par. (1) shall also apply for the first 2 months of the first semester of 2022, respectively February 2022 and March 2022.
Order no. 1909/856/2021
Order No. 1909/856/2021 published in the Official Gazette no. 913 of September 23, 2021 amending and supplementing the Order of the Minister of Health and the President of the National Health Insurance House no. 1092/745/2020 approving the standard template of the medical leave certificate, its instructions of use and filling out, based on which are granted the social health insurance benefits and those for accidents at work and occupational diseases, brings the following clarifications:
Comment: This normative act introduces a new benefits code, code 16, reading as follows: “16. Some types of burns, including for the recovery period ….. 100%”.
The medical leave certificates in the current format until the date of entry into force of this order shall be used until the they are out of stock, but not later than December 31, 2021.
Decision no. 1050/2021
Decision no. 1050/2021 published in the Official Gazette Part I no. 943 of October 2, 2021 amending and supplementing Annexes no. 2 and no. 3 to Government Decision no. 932/2021 on extending the state of alert in Romania starting September 10, 2021 and to establish the measures applied during it to prevent and combat the effects of the COVID-19 pandemic.
Comment: This normative act establishes the necessary measures to be applied in the context of the COVID-19 pandemic, respectively of the partially restricted activities and the way the affected companies can carry out their activity.
Emergency Ordinance no. 110/2021
Emergency Ordinance no. 110/2021 published in the Official Gazette no. 945 of October 04, 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.
Comment: This normative act establishes that during and after the state of alert, but not after the end of the school year 2021-2022, excluding holidays, days off shall be granted to one of the parents for the supervision of children up to and including the age of 12, as well as for parents who have dependent children or adults with disabilities enrolled in a form of education, respectively enrolled in a pre-university educational unit, including early preschool units, hereinafter referred to as educational institutions, when in-person teaching activities are limited or suspended by these educational institutions.
Similar to the previous provisions, this normative act establishes the cumulative conditions that must be fulfilled to benefit from paid days off, the documents that must be submitted, the amount of the allowance and the way in which employers can be reimbursed from the employment agencies for the allowances paid to the employees.
Emergency Ordinance no. 111/2021
Emergency Ordinance no. 111/2021 published in the Official Gazette no. 945 of October 04, 2021 for establishing certain social protection measures for employees and other professional categories in the context of the prohibition, suspension or limitation of economic activities, determined by the spread of the SARS-CoV-2 coronavirus.
Comment: During temporary suspension of the individual employment contract, at the initiative of the employer (according to Art. 52 paragraph (1) of Law no. 53/2002 – Labor Code – republished) due to the SARS-CoV-2 coronavirus, the employees’ indemnity is set at 75% of the base salary corresponding to the job and is paid from the unemployment insurance budget, but not more than 75% of the average gross salary provided by the Law on the State Social Insurance Budget for 2021. These provisions benefit the employees of employers who interrupted their activity, in whole or in part, due to the increased incidence of the spread of the SARS-CoV-2 coronavirus and the measures to mitigate the impact of this type of risk stipulated in the Government decisions to extend the state of alert. These provisions also include employees of employers who ceased their activity as a result of the epidemiological investigation carried out by the county public health departments. The provisions do not apply to employees who are on medical leave and receive the appropriate social insurance indemnity.
The allowance is calculated for the number of days in which the activity was suspended, but not later than December 31, 2021.
It is also provided that from the date of entry into force of this emergency ordinance until December 31, 2021, during the temporary interruption of activity, in whole or in part, in the context of the increased incidence of the spread of coronavirus and measures to mitigate the impact of this type of risk, also other categories of income-earners shall receive from the state budget through the budget of the Ministry of Labour and Social Protection a monthly allowance of 75% of the average gross salary provided for by the Law on the State Social Insurance Budget for 2021, as follows:
- Professionals – regulated by Art. 3 of Law no. 287/2009 on the Civil Code.
- Individuals who derive income exclusively from copyright and related rights.
- Persons who have concluded individual work agreements based on Law no. 1/2005 on the organisation and functioning of cooperatives.
In addition, the act lays down how the allowances are granted, and the documents required in the process.