• Decision No. 553/2020
• Law No. 151/2020
• Emergency ordinance no. 120/2020
• Law No. 156/2020
Decision No. 553/2020
Decision 553/2020 published in the Official Gazette, Part I no. 627 of July 16, 2020 regarding the extension of the state of alert in Romania starting with July 17, 2020, and the measures established to prevent and combat the effects of the COVID-19 pandemic, with subsequent modifications and additions, brings the following clarifications:
Comment: Starting July 17, 2020 the state of alert throughout the country is extended with another 30 days. The state of alert was established by Government Decision no. 394/2020 regulating the state of alert and the measures applied to prevent and combat the effects of the COVID-19 pandemic, it was approved with amendments and supplements by the Romanian Parliament Decision no. 5/2020, with subsequent amendments and supplements and extended by Government Decision no 476/2020 regarding the extension of the state of alert in Romania and the measures established to prevent and combat the effects of the COVID-19 pandemic, with amendments and supplements.
The measures to prevent and control SARS-COV-2 coronavirus infections, the specific conditions of application and the persons these measures apply to, as well as the public institutions and authorities that implement or observe the compliance with the application of the measures during the state of alert are provided in the Annexes 1-3 to this Decision.
An important aspect that we wish to highlight is provided in Annex 3 — Measures to mitigate the impact of the type of risk, as follows: It is forbidden to enter the territory of Romania, through the state border crossing points, of foreign citizens and stateless persons, as defined according to the Government Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania, with the following exceptions:
a) family members of Romanian citizens;
b) family members of citizens of other member states of the European Union or of the European Economic Area or of the Swiss Confederation, with residence in Romania;
c) persons who have a long-stay visa, a residence permit or a document equivalent to the residence permit issued by the authorities or a document equivalent to these, issued by the authorities of other states, in accordance with the legislation of the European Union;
d) persons travelling for professional purposes, and documented by a visa, residence permit or other equivalent document, namely medical professionals, medical researchers, geriatric health care professionals, as well as carriers and other personnel involved in the transport of goods that ensure such necessary transports;
e) diplomatic or consular personnel, personnel of international organizations, military personnel or personnel capable of providing humanitarian aid;
f) persons in transit, including those repatriated as a result of consular protection;
g) passengers travelling for imperative reasons;
h) persons in need of international protection or other humanitarian reasons;
i) foreigners and stateless persons travelling for study purposes;
j) foreigners and stateless persons, highly qualified workers, if their employment is economically necessary, and the activity cannot be postponed or carried out abroad;
k) foreigners and stateless persons, cross-border workers, seasonal agricultural workers, maritime and river transportation personnel;
l) members of international sports delegations participating in sports competitions organized in Romania, under the law.
If not otherwise stated by other regulations at national level, the measure established and mentioned above shall no longer apply to foreign citizens and stateless persons who are citizens or residents in third countries for which are lifted, at European level, the temporary restrictions on non-essential travel to the European Union.
Law No. 151/2020
Law 151/2020 published in the Official Gazette Part I no. 658 of July 24, 2020, amending and supplementing Law no. 53/2003- Labour Code, brings the following clarifications:
Comment: This law amends and supplements the Labor Code with provisions regarding the prohibition of any direct or indirect discrimination against an employee, discrimination by association, harassment or act of victimisation, based on race, nationality, ethnic origin, language, religion, social status, beliefs, sex, sexual orientation, gender, age, handicap, non-contagious chronic disease, HIV-positive status, belonging to a disadvantaged group, political adherence, property, social origin.
At the same time, it is directly stipulated the prohibition of dismissal of employees based on race, nationality, ethnic origin, language, religion, social status, beliefs, sex, sexual orientation, gender, age, handicap, non-contagious chronic disease, HIV-positive status, belonging to a disadvantaged group, political adherence, property, social origin.
It is important to specify that the law states that the exclusion, distinction, restriction or preference for a particular job does not constitute discrimination if, by the specific nature of the activity in question or the conditions in which the activity is carried out, there are certain essential and established professional requirements, provided that the purpose is legitimate and the requirements proportionate.
Finally, we mention that failure to comply with these provisions constitutes a contravention and is sanctioned with a penalty between 1 000 lei and 20 000 lei.
Emergency ordinance no. 120/2020
Emergency Ordinance no. 120/2020 published in the Official Gazette Part I no. 658 of July 24, 2020 on the establishment of some support measures for employees and employers in the context of the epidemiological situation caused by the spread of the SARS-COV-2 coronavirus, makes the following Specifications:
Comment: By derogation from the provisions of art. 24 of Law no. 55/2020 regarding certain measures to prevent and combat the effects of the COVID-19 pandemic, the employees of employers who had their activity suspended as a result of the epidemiological investigation carried out by the county, respectively Bucharest public health authorities, benefit from the furlough allowance granted under the provisions of art. XI of GEO no. 30/2020 (furlough allowance). The allowance is calculated for the number of days when the activity was suspended. This measure applies throughout the entire period when the activity is suspended, but not later than December 31, 2020.
We mention that employees who are on sick leave and receive the corresponding social insurance allowance do not benefit from the furlough allowance.
Law No. 156/2020
Law 156/2020 published in the Official Gazette Part I no. 662 of July 27, 2020 amending the Framework Law no. 153/2017 on the remuneration of personnel paid by public funds.
Comment: This law enters into force on July 30, 2020.