Content:
• Law No. 136/2020
• Law No. 145/2020
• Order No. 1140/2020
Law No. 136/2020
Law no. 136/2020 published in the Official Gazette Part I no. 634 of July 18, 2020 on the establishment of public health measures in situations of epidemiological and biological risk, brings the following clarifications:
Comment: This law regulates some necessary, temporary measures in the public health field, to be taken in situations of epidemiological and biological risk in order to prevent the transmission and limit the spread of infectious diseases in Romania. The law also defines certain concepts and terms such as: quarantine of individuals, area-based quarantine, isolation, epidemiological risk, suspect person, public health measures etc.
Among the most important amendments brought by this law, we highlight those related to sick leave for people who are in quarantine.
Thus, Article 20 of this law states that for persons who are in quarantine or isolation established until the date of entry into force of this law, medical leave certificates are granted based on the normative acts that were in force when they were issued. The quarantine leave and allowance is granted to insured persons who are prohibited to continue their activity, and cannot carry it out from home, due to suspicion of a contagious disease, for the time period established in the certificate issued by the Department of Public Health.
The quarantine leave certificate is issued by the attending physician based on the certificate issued by the competent bodies of the Departments of Public Health. In case of quarantine or isolation, the medical leave certificates can be issued at a later date, but only for the current or the previous month.
The duration of the quarantine or isolation leaves shall not be cumulated with the duration of medical leave granted to an insured person for other illnesses.
If the duration of the quarantine or isolation period established by the competent bodies of the Departments of Public Health exceeds 90 days, the opinion of the social insurance expert physician is not required.
Regarding the gross monthly amount of the allowance for quarantine or isolation, the normative act states that it represents 100% of the calculation base established according to the law and is fully covered from the budget of the National Unique Health Insurance Fund.
Law No. 145/2020
Law no. 145/2020 published in the Official Gazette Part I no. 648 of July 22, 2020, amending and supplementing Law no. 448/2006 on the protection and promotion of the rights of persons with disabilities, brings the following clarifications:
Comment: This law brings a series of amendments and supplements to Law no. 448/2006, of which we list the following:
- Change in the meaning of “authorized protected unit”. The new meaning is that of a private or public law economic operator, with own management, where there are employed at least 3 persons with disabilities, representing at least 30% of the total number of employees, and their cumulated working time represents at least 50% of the total working time of all employees; as well as any other form of organisation, under the law, chosen for carrying out an economic activity by an individual holding a disability certificate;
- In order to integrate persons with disabilities at the workplace, employers ensure their access to an adjusted job, as appropriate, in accordance with their functional potential and adaptive capacity;
- The disabled person is guaranteed equal opportunities in the performance of their activity and is ensured the accessibility within the workplace and the adjustment of the tasks in accordance with their functional potential;
- Parking of other means of transport on adapted parking spaces, reserved and signalled with the International Symbol of Access, is a contravention and is sanctioned with a penalty between 2000 lei and 10000 lei, plus the towing of the vehicle in question.
Order 1140/2020
Law no. 1140/2020 published in the Official Gazette Part I no. 651 of July 23, 2020 for the approval of the Methodology for the elaboration and transmission of The Electronic Register of day workers, as well as the records made therein, brings the following clarifications:
Comment: This Order approves the Methodology for the elaboration and transmission of The Electronic Register of day workers, as well as the records made therein.
The Labour Inspectorate and the Territorial Labour Inspectorates (ITM) shall carry out the provisions of this order.
They have the obligation to set up, fill out and submit The Electronic Register of day workers (The Register), beneficiaries of works (legal persons, authorized natural persons, individual enterprises, family enterprises, for which the day worker carries out unqualified, occasional activities).
In order to set the Register up, the Beneficiary must obtain the username and password from the Territorial Labour Inspectorate where the Beneficiary is headquartered. To this end, the Beneficiary submits to the competent ITM headquarters or, as the case may be, sends the following documents by e-mail:
- Written request for the issuance of the username and password (provided in Annex no. 1 of the methodology);
- Power of attorney signed by the Beneficiary, if the person requesting the username and password is someone other than the legal representative;
- Copy of the identity document of the legal representative of the Beneficiary or, as the case may be, of the person empowered by the Beneficiary;
- Copy of the registration certificate at the ONRC/tax registration certificate;
- Copy of the certificate of incorporation or the Memorandum/Articles of association, where are shown the NACE codes related to the domains of economic activity stipulated in art. 13 paragraph (1) of Law 52/2011 on activities carried out occasionally by day workers.;
- Affidavit stipulated in Annex no. 2 of this Methodology, attesting the status of legal representative of the Beneficiary or, as the case may be, their representative, in case the documents are sent by e-mail.
If the above mentioned documents are sent by e-mail, the competent ITM revises them and then sends the Beneficiary the username and password at the same e-mail address from which the documents were received, within one working day from the date of receipt of the request.
In addition, we mention that the reporting application and instructions for use can be found on the following website – https://www.inspectiamuncii.ro/registrul-electronic-de-evidenta-a-zilierilor
Labor Inspection offers the beneficiaries/users a technical support center, available from Monday to Friday between 09:00 — 18:00. For technical support or suggestions regarding the Electronic Register of day workers, you can send e-mail to suportzilieri@inspectiamuncii.ro