December 21, 2018 Legislative Newsletter

Content:

 

 

 

Emergency Ordinance no. 96/2018, published in the Official Gazette Part I no. 963 of November 146, 2018 regarding the extension of certain terms, and amending and supplementing certain normative acts, brings the following clarifications:

 

Comment: This Emergency Ordinance amends and supplements several normative acts as follows:

 

Regarding the amendments to the Labour Code, we mention the amendment of art. 56, par. (1), which is amended and supplemented as follows: Art. 56 (1) The existing individual employment contract shall terminate by law: c) as of the date of cumulative fulfilment of the standard age conditions and the minimum retirement pension contribution or, exceptionally, for the female employee who opts in writing to continue the performance of the individual employment contract, within 60 calendar days prior to the fulfilment of the standard age conditions and the minimum retirement contribution, at the age of 65; at the time of the communication of the retirement decision in the case of third (III) degree disability pensions, the partial early retirement, the early retirement, the old-age retirement with the reduction of the standard retirement age; at the date of communicating the medical decision regarding the work capacity in the case of grade I or II disability”

 

Also, the Emergency Ordinance introduces at art. 164, two new paragraphs, which state that by Government one can establish an increase of the basic gross minimum salary per country guaranteed for payment, differentiated depending on the level of education and length of work. It is also mentioned that all the rights and obligations, established according to the law in relation to the minimum gross base salary per country guaranteed for payment, are established by referring to the minimum gross salary per country guaranteed in payment.

 

 

Decision no. 937/2018, published in the Official Gazette Part I no. 1045 of December 10, 2018 establishing the minimum gross base salary guaranteed for payment at national level, brings the following clarifications:

 

Comment: Starting with January 1, 2019, the minimum gross base salary per country guaranteed for payment is set in cash, excluding bonuses and other benefits, to the amount of 2,080 lei per month, for a regular working schedule averaging of 167,333 hours per month, representing 12.43 lei / hour.

 

By way of exception to the above mentioned provisions, starting with January 1, 2019 for the personnel who occupies positions for which higher education is required and has a length of service of at least one year in the specialization acquired in the higher education system, the minimum gross base salary per country, excluding bonuses or other benefits, is of 2.350 lei, for a regular working schedule of 167.33 hours per month, representing14.044 lei/hour.

 

Starting January 1, 2019, all rights and obligations established under the law are determined by reference to the level of RON 2.080 of the minimum gross base salary per country guaranteed for payment.

 

 

Decision no. 983/2018, published in the Official Gazette Part I no. 1061 of December 14, 2018, establishing December 24 and 31 December 2018 as free days, brings the following clarifications:

 

Comment: This decision establishes that personnel working in public institutions and authorities, December 24 and 31, 2018 are established as free days. In order to recover the days established herein as free days, the public institutions and authorities shall extend their working hours accordingly until January 31, as per the plans established.

 

 

Order no. 2846/2018, published in the Official Gazette Part I no. 1032 of December 5, 2018, approving the Procedure for the cancellation of the payment obligations set out in the “Tax decision regarding the social health insurance contribution due by natural persons according to art. 180 par. (1) letter a) of the Fiscal Code”, as well as for the approval of the template and content of certain forms, brings the following clarifications:

 

Comment: This Order approves the procedure for the cancellation of the payment obligations set out in the “Tax decision regarding the social health insurance contribution due by natural persons according to art. 180 par. (1) letter a) of the Fiscal Code”, provided in Annex no. 1. We mention that art. 180 par. (1) letter a) refers to natural persons who, for the current year, have estimated cumulated annual incomes from those provided in art. 155 letters b-h), below the minimum ceiling provided in art. 170 par. 2) – the annual ceiling of at least 12 gross minimum salaries per country.

 

This order also approves the template and content of the following forms:

 

 

 

Order no. 1549/2018, published in the Official Gazette Part I no. 1036 of December 6, 2018, approving the Methodological Norms establishing the supporting documents required to become an insured individual, brings the following clarifications:

 

Comment: This Order approves the Methodological Norms establishing the supporting documents required to become an insured individual, provided in the Annex which is an integral part of this order.

 

The methodological norms for establishing the supporting documents required to become an insured individual, state inter alia that the Single National Health Insurance Fund, hereinafter referred to as the fund, consists of the health insurance contribution, hereinafter referred to as contribution, paid by the insured persons, from the amounts which are directed to the fund from the work insurance contribution, according to art. 220 6 par. (4) letter d) of the Fiscal Code, subsidies from the state budget, as well as from donations, sponsorships, interests, income obtained from the exploitation of the NHIH (CNAS) patrimony, and the county health insurance houses, respectively of the Municipality of Bucharest, as well as of Defense, Public Order, National Security and the Judicial Authority Health Insurance House, as well as from other revenues, including the own revenues of the Ministry of Health.
At the same time, this norm bring details about the insured persons – respectively the insured persons within the Romanian social health insurance system – according to the Law. No. 95/2006 on health reform, as well as regarding the supporting documents which prove the capacity of insured.

 

At the National Insurance House level, the insured persons are recorded based on the personal numerical code (CNP) or the unique identification code registered in the health insurance system, through the single Integrated Information System, ensuring the guarantees corresponding to the rights and freedoms of the persons regarding the personal data processing. Foreign individuals who have not been assigned the personal numerical code (CNP) by the competent bodies of the Ministry of Internal Affairs but must be considered by the insurance houses are assigned a unique identification number in the social health insurance system (CIS), with safeguards for the rights and freedoms of persons whose personal data are processed.

 

Finally, we mention that this methodological norm contains, as annexes, the new templates for the certificate for the insured and co-insured.

 

 

Decision no. 917/2018, published in the Official Gazette Part I no. 988 of November 2018, regarding the approval of the National Qualifications Register in Romania, brings the following clarifications:

 

Comment: The National Qualifications Register, hereinafter referred to as NQR, is a national database containing the description of nationally recognized professional qualifications in Romania that can be acquired through both the formal education and training system and through the recognition of those learning outcomes gained in non-formal and informal contexts, from the perspective of lifelong learning.

 

 

 

 

 

 

Emergency Ordinance no. 107/2018, published in the Official Gazette Part I no. 1058 of December 13, 2018, amending and supplementing several normative acts, brings the following clarifications:

 

Comment: This Emergency Ordinance amends and supplements the following normative acts: