December 29, 2017 Legislative Newsletter

Content:

  • Law No. 216/2017
  • Law No. 217/2017
  • Order no. 1851/2017
  • Order no. 1852/2017
  • Emergency Ordinance no. 88/2017
  • Decision no. 905/2017
  • Emergency Ordinance no. 99/2017
  • Decision no. 891/2017

Law No. 216/2017

Law no. 216/2017, published in the Official Gazette Part I no. 908 of November 20, 2017, supplementing Art. 65 of Law no. 263/2010 on the unitary public pension system, brings the following clarifications:

Comment: This law supplements Article 65 of Law no. 263/2010 on the unitary public pension system with provisions on the recalculation of the pensions for individuals whose early retirement rights were partially opened between 01.01.2011 – 16.07.2016.  

Law No. 217/2017

Law no. 217/2017, published in the Official Gazette Part I no. 908 of November 20, 2017, amending and supplementing Law no. 263/2010 on the unitary public pension system, brings the following clarifications:

Comment : This law redefines the causes that may lead to the suspension of the pension, as well as the situations in which pensioners can cumulate their pension with income from dependent or independent activities.

Order no. 1851/2017

Order no. 1851/2017, published in the Official Gazette Part I no. 935 of November 27, 2017, on establishing the value of the monthly indexed amount granted as childcare vouchers for the second semester of 2017, brings the following clarifications:

Comment : This order stipulates that for the second semester of 2017, starting with November, the amount of the monthly amount to be given as childcare vouchers is of 440 lei.

Order no. 1852/2017

Order no. 1852/2017, published in the Official Gazette Part I no. 935 of November 27, 2017, establishing the nominal value of a meal voucher for the second semester of 2017, brings the following clarifications:

Comment : This order stipulates that for the second semester of 2017, starting with November, the nominal value of a meal voucher cannot exceed the amount of 15.09 RON.

Emergency Ordinance no. 88/2017

Emergency Ordinance no. 88/2017, published in the Official Gazette Part I no. 974 of December 7, 2017 amending and supplementing Law no. 95/2006 on healthcare reform, brings the following clarifications:

Comment : This Emergency Ordinance provides the list of documents certifying the quality of insured as well as the categories of individuals benefiting from the insurance without payment of the contribution.

Decision no. 905/2017

Decision no. 905/2017, published in the Official Gazette Part I no. 1005 of December 19, 2017, regarding the General Registry of Employees, brings the following clarifications:

Comment : This Decision shall enter into force on the date of its publication in the Official Gazette of Romania. When this Decision is published, the provisions of GD no. 500/2011, regarding the General Registry of Employees shall be repealed.

Among the amendments brought by this Decision, we mention the following:

  • the changes to the basic monthly gross salary, allowances, bonuses and other benefits as provided in the individual employment contract or, as the case may be, in the collective employment contract, shall be reported in Revisal within maximum 20 working days from the date of the amendment. By way of exception to this rule, it is mentioned that any modification of the above-mentioned data that has occurred since the entry into force of the provisions of this Decision (December 19, 2017) and until March 31, 2018 is submitted to Revisal until March 31, 2018. Subsequent to March 31, 2018, the reporting period shall be of 20 working days after the change occurred;
  • the reporting deadline for suspension and termination of suspension. Starting with December 19, 2017, the period, the causes for suspension and the date when the suspension of the individual employment contract ends, shall be submitted at the latest on the day before the date of suspension / date of the termination of suspension, except for cases of unjustified absences, when submitting to the register is done within 3 days from the date of suspension. Suspension cases based on medical certificates are exempt from reporting.
  • the reporting deadline in case of changes occurred in the identification data of the employer, respectively the employee, is of maximum 3 working days from the date of the change.

Emergency Ordinance no. 99/2017

Emergency Ordinance no. 99/2017, published in the Official Gazette Part I no. 1005 of December 12, 2017, amending and supplementing Government Emergency Ordinance no. 158/2005 on social health insurance leaves and indemnities, brings the following clarifications:

 Comment: This Emergency Ordinance brings changes to the definition of individuals with mandatory insurance for leaves and indemnities and provides regulations regarding insurance on the basis of an insurance contract for social health insurance leaves and indemnities. Thus, individuals can be insured in the public system on the basis of an insurance contract for leaves and indemnities by paying 1% of the insured income comprised between a minimum wage and 12 minimum wages.

 

The minimum contribution period for leaves and indemnities is changed from one month to 6 months done in the last 12 months preceding the month for which medical leave is granted.

 

For the insured individual who is employed by more than one employer, the indemnities are calculated and paid separately by each employer. In this case, the calculation basis for each indemnity is only the income obtained at each place of work.

 

Another aspect provided by this emergency ordinance concerns the possibility of doctors to fill out the medical leave certificates both on paper and electronically. The medical leave certificates, aforementioned, which are sent the by doctors through electronic means, are signed by those with their qualified electronic signatures.

Decision no. 891/2017

Decision no. 891 of December 14, 2017, published in the Official Gazette Part I no. 1007 of December 12, 2017, amending letter a) and b) of the single article of Government Decision no. 35/2017 setting out the annual work permit quota for newly-admitted workers into the Romanian employment market in 2017, brings the following clarifications:

 

The unique article of the Government Decision no. 35/2017 regarding the annual work permit quota for newly-admitted workers into the Romanian employment market in 2017, letters a) and b) shall be modified and shall have the following content:

a)     permanent workers – 5.000;

b)    posted workers – 1.700.

Comment: We mention that prior to this change,  the annual work permit quota for newly-admitted workers into the Romanian employment market in 2017, was as follows:

a)     permanent workers – 3.000;

b)    posted workers – 700.

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