Legislative newsletter 20th of July 2015

LEGISLATIVE NEWSLETTER


The document covers the following:

• Order no. 830/2015; Order no. 542/2015
• Law no. 155/2015
• Law no. 154/2015
• Order no. 1301/2015
• Emergency Ordinance no. 25/2015
• Emergency Ordinance no. 821/2015

Order no. 830/2015; Order no. 542/2015

Order no. 830 of 07.04.2015 of the Ministry of Labour, Family, Social Protection and Elderly, Order no. 542 of 08.05.2015 of the Ministry of Public Finance, published in the Official Gazette Part I
no. 428 of 16.06.2015, approving the Procedure of handover of execution orders where the debts are individualized, debts representing the fee owed by employers to the Territorial Work Inspectorates and the documents concerning the enforcement measures taken by the Territorial Work Inspectorates, includes the following remarks:

Comment: There will be approved the Procedure of handover of execution orders where the debts are individualized, debts representing the fee owed by employers to the Territorial Work Inspectorates and the documents concerning the enforcement measures taken by the Territorial Work Inspectorates, included in the annex, part from the present order.
The handover will be performed between the Ministry of Labour, Family, Social Protection and Elderly through Territorial Work Inspectorates as competent institutions for the administration of the fee owed by employers, according to law and the Ministry of Public Finance through the competent tax authorities of the National Agency for Fiscal Administration, competent in managing taxpayers, according to the procedure mentioned above.

Law no. 155/2015

Law no. 155 of 18.06.2015, published in the Official Gazette Part I no. 444 of 22.06.2015, in order to modify Law no. 263/2010 regarding the unitary public pension system, includes the following remarks:

Comment: The present law establishes that the persons who worked within the 1st work group, according to the legislation previous to 1st of April 2001, those who have completed the subscription period in workplaces included in other conditions and special conditions, benefit from the reduced retirement age for subscription periods consisting of minimum two years.
Law no. 154/2015

Law no. 154/2015

Law no. 154 of 18.06.2015, published in the Official Gazette Part I no. 445 of 22.06.2015, amending and supplementing Government Emergency Ordinance no. 96/2003 regarding maternity protection at work, includes the following remarks:

Comment: The present law changes workplace definition and renames the compulsory postnatal leave in compulsory childbed leave.
Also, it is shown the fact that granting leave for maternal risk can be performed totally or fractionated, for a period not longer than 120 days, by the family doctor or by the specialist doctor, who will issue a medical certificate to this effect, but it cannot be offered simultaneously with other leaves stipulated by the Government Emergency Ordinance no. 158/2005, approved with amendments and supplements through Law no. 399/2006, as further amended and supplemented.
Another important aspect of this present law is the employers’ obligation to permanently inform their female employees, including posting in visible places, for a period of 6 months, in each owned unit, of the rights they have in terms of compliance to the provisions of this emergency ordinance, from the entry into force of the normative documents that set forth those rights.

Order no. 1301/2015

Order no. 1301/2015 of 08.06.2015, published in the Official Gazette Part I no. 445 of 22.06.2015, amending and supplementing the annex no. 1 of the Order of the National Agency for Fiscal Administration president no. 2365/2014 in order to approve the Procedure of recalculation of advance payments as tax duties, includes the following remarks:

Comment: The present Order changes the situations where the lease contracts termination occurs, for the persons who derive income from rented goods.

Emergency Ordinance no. 25/2015

Emergency Ordinance no. 25 of 30.06.2015, published in the Officla Gazette Part I no. 473 of 30.06.2015, to supplement the Article 8 from Law no. 416/2001 regarding the minimum guaranteed income, includes the following remarks:

Comment: Within the Article 8 from Law no. 416/2001, regarding the minimum guaranteed income, after line (1) there is inserted a new line, line (11), as follows: “(11) For the families stated in Article 2 who have dependent children, in determining the net monthly income of the family, according to paragraph (1), there will be taken into consideration the amount of state allowance for children, established before the entry into force of Law no. 125/2015 regarding the approval of Government Eemrgency Ordinance no. 65/2014 amending and supplementing certain normative documents.”

Emergency Ordinance no. 821/2015

Emergency Ordinance no. 821 of 29.06.2015, published in the Officla Gazette Part I no. 476 of 30.06.2015, amending and supplementing Law no. 344/2006 employees’ detachment performing transnational services.

 
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