The document covers the following:
- Law no. 77/2016
- Order no. 933/2016
- Order no. 934/2016
- Law no. 57/2016
- Order no. 583/2016
- Order no. 874/554/2016
- Law no. 108/2016
- Law no. 112/2016
- Law no. 113/2016
Law no. 77/2016
Law no. 77 of 28/04/2016, published in the Official Gazette Part I no. 330 of 04.28.2016, regarding the commissioning in payment of immovable property on redemption obligations under loans.
This law applies to legal relations between consumers and credit institutions, non-banking financial institutions or assigns receivables held on consumers. Law 77/2016 enters into force 15 days after publication in the Official Gazette.
Order no. 933/2016
Order no. 933 of 11.05.2016, published in the Official Gazette Part I no. 373 of 16/05/2016, establishing the value of the monthly indexed amount granted as nursery tickets for the first semester of 2016.
For the first semester of 2016, since May, the monthly amount granted as nursery tickets, established under the provisions of section 6.1. and 6.3 of the methodological norm for implementing the provisions of Law no. 193/2006 regarding the gift and nursery tickets, approved by Government Decision no.1317/2006, as amended and supplemented, is of 440 lei.
Order no. 934/2016
Order no. 934 of 11.05.2016, published in the Official Gazette Part I no. 373 of 05/16/2016, establishing the nominal value of a meal ticket for the first semester of 2016.
For the first semester of 2016, since May, the nominal value of a meal ticket, determined according to art. 31 of the methodological norm for implementing the provisions of Law no. 142/1998 regarding granting of meal tickets, approved by Government Decision no. 23/2015, of Government Emergency Ordinance no. 59/2005 on some financial and tax measures for implementing the Law no. 348/2004 on domestic currency redenomination, approved with amendments by Law no. 15/2006, with subsequent completions, and of Law no. 142/1998 regarding the granting of meal tickets, as amended and supplemented, is of 9.57 lei.
Law no. 57/2016
Law no. 57 of 04/11/2016, published in the Official Gazette Part I no. 283 of 14.04.2016, amending and supplementing Law no. 273/2004 on adoption procedures and other regulations.
Besides issues of adoption terms, this law states that the adopter or, optionally, either of the spouses of the adoptive family, who derive income subject to income tax according to Law no. 227/2015 regarding the Fiscal Code, as amended and supplemented, from employment activities and assimilated or, where applicable, self-employed or from agricultural activities, may benefit from a leave of accommodation with a duration of maximum one year, which includes the custody period of the child in view of the adoption, as well as a monthly allowance, related to the social reference indicator, amounting to 3.4 ISR .
This leave is granted on request to the person entitled. The request has to have attached the certificate based on which the judicial decision of enforcement the custody in view of adoption is executed, the document attesting the child has been moved at the adopter / adoptive family, as well as proof of actual entry on leave or suspension of activity.
During this leave, the person entitled will benefit of payment of the individual social health insurance contribution. The amount of the contribution is calculated by applying the percentage prescribed by law at the value of the allowance.
Leave period mentioned above, constitute seniority in service and specialization, which envisages the establishment of rights to be granted.
Another important aspect in the current law, regards the obligation of employers to grant the employee or, if applicable, employees husband and wife free time to carry out assessments imposed by getting the certificate and achieving match practice, without reduction of wages, limited to a maximum 40 hours / year. Free time is granted based on the applicant's request, to which are attached schedule meetings or, if necessary, schedule visits established by competent authority. Failure of the employer to comply with this obligation constitutes is sanctioned with a fine from 1,000 Ron to 2,500 Ron.
Order no. 583/2016
Order no. 583 of 04.26.2016, published in the Official Gazette Part I no. 355 of 05.10.2016 for approval of the forms provided for by art. 230 and 232 of Law no. 227/2015 regarding the Fiscal Code, with subsequent amendments.
This Order approves the forms developed under art. 7, 59, 230 and 232 of Law no. 227/2015 regarding the Fiscal Code, as amended and supplemented. Forms aimed at avoiding double taxation on residency and how to avoid double taxation in accordance with the provisions of double taxation conventions.
Order no. 874/554/2016
Order no. 874 of 04.26.2016 of the Ministry of Labor, Family Welfare and the Elderly , and Order no. 554 of 05.04.2016 of the Ministry of Health, published in the Official Gazette Part I no. 376 of 17.05.2016, with respect to supplementing the health ministry annex of the Order no. 762/1992/2007 approving medical and psychosocial criteria based on which the framing degree of disability are established.
Law no. 108/2016
Law no.108 of 26.05.2016 published in the Official Gazette Part I no. 406 of 05/30/2016, approving Government Emergency Ordinance no. 65/2015 for supplementing art. 29 of Law no. 263/2010 regarding the public pension system
The Government Emergency Ordinance no. 65 of 30 December 2015 for the completion of art. 29 of Law no. 263/2010 on the unitary pension system is approved.
Please note that the Emergency Ordinance no. 65/2015 introduced two new paragraphs at article 29, respectively (11) and (12), as follows:
“(11) The jobs can be kept in special conditions by renewing permits for framing based on the methodology established by Government decision for a period not exceeding 3 years, starting with 1st of January 2016, until this timeframe the employers have the obligation to normalize working conditions.
(12) The period between 31 December 2015 and the renewal date of the notice of framing job in special conditions represent contribution periods in difficult working conditions for which employers owe , if applicable, the difference between the share of social security contributions for difficult working conditions and the one declared by them."
Law no. 112/2016
Law no. 112 of 05.27.2016, published in the Official Gazette Part I no. 408 of 30/05/2016, approving Government Emergency Ordinance no. 41/2015 amending and supplementing certain acts and regulating certain budgetary measures.
The Government Emergency Ordinance no. 41 of 30 September 2015 amending and supplementing certain acts and regulating certain budgetary measures, published in the Official Gazette of Romania, Part I, no. 733 of 30 September 2015 is approved with certain amendments and supplements.
Among other normative acts amended by this law, its provisions amended the Fiscal Code. The current text says that in case of income from investments and / or other sources, in 2016, whose taxable income is below the minimum gross salary per country, the social health insurance contribution is not due. For incomes with the taxable base equal or greater than the minimum gross salary per country, the monthly contribution is computed on the basis of the taxable base/income.
Also, in case of individuals who obtain, during the fiscal year, only income from investments and / or from other sources, for which the annual taxable income is below the value of twelve minimum gross salary per country, no social health insurance contribution is established. Other issues concern the declaration, determination and payment of social insurance contributions for health for individuals who derive income of the nature referred to in art. 155 (Fiscal Code – categories of income subject to social security contributions to health) or monthly earnings exclusive of investment and / or other sources below the value of the basic minimum gross salary per country and do not fit into the categories of persons exempted from paying social insurance contributions for health care provided in art. 154 or in the categories of persons mentioned in art. 153 paragraph (1) g) – a) for the payment of the contribution paid from other sources.
Law no. 113/2016
Law no.113 of 05.27.2016, published in the Official Gazette Part I no. 411 of 05.31.2016, amending art. 391 line (8) of Law no. 95/2006 on healthcare reform.
Article 391 line (8) of Law no. 95/2006 on healthcare is amended as follows:
“(8) Notwithstanding the provisions of paragraph (1), doctors who work in contract with the County Health Insurance House or Bucharest Health Insurance House, directly or through the intermediary of healthcare providers, can continue working after retirement age, on request, with annual approval issued by the county/Bucharest public health department and by CMR (Romanian Physicians College), through the county colleges physicians or through the Bucharest college based on a health certificate. The need to extend the activity is determined by a commission organized at county public health directorates or the
– A representative of the county/Bucharest health insurance house;
– A representative of the county/Bucharest public health department;
– A representative of the