Content:
• Emergency ordinance No. 92/2020
• Order No. 457/2020
• Order No. 456/2020
Emergency ordinance No. 92/2020
Emergency Ordinance 92/2020 published in the Official Gazette Part I no. 459 of May 29, 2020 for the establishment of active support measures for employees and employers in the context of the epidemiological situation caused by the spread of the SARS-COV-2 coronavirus, as well as for the amendment of certain normative acts, brings the following clarifications:
Comment: This Emergency Ordinance stipulates new benefits intended for employees and employers, in the context of resuming their economic activities.
Starting from June 1, 2020, employers whose employees benefited from technical unemployment (under the terms of GEO no. 30/2020), as well as those employers whose employees had their individual employment contracts suspended in accordance with the provisions of art. 52 para. (1) c) of the Labor Code, and did not benefit from technical unemployment (under the terms of GEO 30/2020) will benefit, for a period of three months, from the payment from the unemployment insurance budget of 41.5% of the gross basic salary corresponding to the job held, but not more than 41.5% of the average gross salary for 2020.
The conditions for the reimbursement of the 41.5% are:
- The concerned employees must have had their individual employment contract suspended for at least 15 days during the state of emergency or state of alert.
- Employers who will benefit from this provision will be required to maintain employment of the employees concerned until 31 December 2020. Otherwise, employers will be required to return the collected amounts plus the NBR reference interest rate. This requirement does not apply if the termination of the employment contract occurs for reasons not attributable to the employer.
The reimbursement of the 41.5% applies for a period of three months, starting June 1, 2020.
In addition to the above, this Emergency Ordinance also gives support to employers who, between June 1, 2020 and December 31, 2020, hire, on a full-time basis and on an indefinite period, specific categories of people who are registered as unemployed in the records of the county employment agencies. Employers must keep the relevant employees hired for at least 12 months after the end of the 12-month period for which these payments have been received. The employer will receive 50% of the employee’s salary, for 12 months, but not more than 2,500 lei per month.
Order No. 457/2020
Order 457/2020 published in the Official Gazette Part I no. 481 of June 05, 2020 of the President of the National Employment Agency regarding the approval of the template documents provided by art. II para. (2) of the Government Emergency Ordinance no. 92/2020 for the establishment of active support measures for employees and employers in the context of the epidemiological situation caused by the spread of the SARS-COV-2 coronavirus, as well as for the amendment of certain normative acts.
Order No. 456/2020
Order 456/2020 published in the Official Gazette Part I no. 484 of June 09, 2020 of the National Employment Agency for the approval of the Procedure for granting the amounts provided by art. III para. (1) and (2) of the Government Emergency Ordinance no. 92/2020 for the establishment of active support measures for employees and employers in the context of the epidemiological situation caused by the spread of the SARS-COV-2 coronavirus, as well as for the amendment of certain normative acts, brings the following clarifications:
This procedure regulates the method of granting (the steps and necessary documentation) from the unemployment insurance budget of the amounts provided by art. III para. (1) and (2) of the Government Emergency Ordinance no. 92/2020 for the establishment of active support measures for employees and employers in the context of the epidemiological situation caused by the spread of the SARS-COV-2 coronavirus. We mention that this procedure refers to employers who, between June 1, 2020 and December 31, 2020, hire, on a full-time basis and on an indefinite period, specific categories of people who are registered as unemployed in the records of the county employment agencies.