• Law no. 250/2013
• Law no. 235/2013
• Order no. 1038/2013
• Order no. 938/2013
Law no. 250/2013
Law no. 250 of 19 July 2013, published in Official Gazette Part I no. 457 of 24.07.2013, amending and supplementing Law no. 76/2002 regarding the unemployment insurance system and employment stimulation and to amend Law. 116/2002 on preventing and combating social exclusion makes the following mentions:
Comment: The main changes relate to:
• Article 10 of Law 76/2002 described below
“(1) – Employers are required to communicate to the county or Bucharest employment agencies, hereinafter employment agencies in whose area they are established, respectively domiciled, all job vacancies within 5 working days from their vacancy.
(2) – Employment accredited providers are required to notify monthly to the employment agencies in whose area they are established, data regarding the number of liaised unemployed people and engaged in work”.
It was supplemented with the following liability applicable as of 24.10.2013:
“(3) Employers are required to communicate to the territorial employment agencies the job vacancies notified at par. (1) which were filled, within one day after their occupancy, under the law.
• According to art. 20 of the law, it can be ensured in the unemployment insurance system the following persons:
a) sole associate, associates;
b) administrators who have signed contracts according to law;
c) authorized individuals, sole proprietors, owners of individual businesses and members of family businesses;
d) Romanian citizens who work abroad according to law;
e) other persons which obtain incomes form legal activities and do not fall under any of the categories mentioned at letters a)-d).
• Are provided the assurance methods in the unemployment insurance system in the case of independent workers and members of their families which move within EU as well as persons which are subject of the social security legislation of Romania and work at an employer who is not established or represented in Romania.
• Are provided free of charge, services of evaluation and certification of professional competences acquired through other means that the formal ones, in order to obtain a certificate of professional competences.
• Are allowed mobility bonuses (employment bonus and installation bonus) including to the long-term unemployed registered at the employment agencies that do not receive unemployment allowance.
• Employers which employ for an undetermined period graduates of educational institutions, receive monthly for a period of 12 months, for every graduate employed:
a) an amount equal to the social reference indicator being into force on the date of employment, for graduates of junior high schools or schools of arts and crafts;
b) an amount equal to 1.2 times the value of the social reference indicator being into force on the date of employment, for graduates of upper secondary education or post-secondary education;
c) an amount equal to 1.5 times the value of the social reference indicator being into force on the date of employment, for university graduates.”
• Employers who hire graduates under the conditions above, are required to maintain their labour or service relations at least 18 months from the date of completion
Employers who terminate labour or service relations of graduates prior to deadline, are required to entirely return to the employment agencies the cashed amounts for each graduate who has ceased the labour or service relation prior to the mentioned deadline, plus the reference rate of the National Bank of Romania being into force on the date of termination of labour or service relations, whether their termination occurred for the following reasons:
a) termination of employment under art. 55 letters b) and e), art. 61 letter d) and art. 65 of Law no. 55/2003, republished, with subsequent amendments;
b) termination of service under art. 97 letter b), art. 98 para. (1) letter e), art. 99 para. (1) letter b) and c) of Law no. 188/1999 regarding the Statute of public servants, republished, with subsequent amendments.”
Law no. 235/2013
Law no. 235 of 15 July 2013, published in Official Gazette Part I no. 442 of 19.07.2013 regarding the approval of GEO 82/2012 amending and completing certain normative acts on the evidence of people, Romanian citizens identity cards and the residence documents of EU and European Economic Area citizens, resident in Romania, makes the following mentions:
Comment: According to this law:
• The identity card and electronic identity card allow the holder to use them as a national health insurance card, according to Law no. 95/2006 on healthcare reform, as amended and supplemented, and GEO no. 82/2012.
• The identity card contains data in printed or engraved form using special techniques, data related to national health insurance card, established in art. 331 para. (1) of Law 95/2006, recorded in storage environment, as well as customization and safety elements.
• Until 31 March 2014 it will be made a pilot platform for establishing the information system for issuing the electronic identity card and putting into circulation of electronic identity card and electronic residence card.
Order no. 1038/2013
Order no. 1038 of 18 July 2013, published in Official Gazette Part I no. 481 of 01.08.2013, regarding the entry into force of international treaties, and makes the following mentions:
Comment: The normative act shows dates of entry into force of international treaties to which Romania is a party.
Order no. 938/2013
Order no. 938 of 19 July 2013, published in Official Gazette Part I no. 485 of 02.08.2013, regarding the approval of form 630 “Annual tax decision to establish health insurance contribution” makes the following remarks:
Comment: The form is used to establish the annual pay contributions to health insurance and to adjust the amounts owed with title of advance payments.
The categories of income for which are issued the forms above are incomes from: independent activities; intellectual property rights; agricultural activities, incomes with withholding tax regime from independent activities referred to Art. 52 para. (1) letters b)-d) from Tax Code (incomes from activities conducted under contracts/civil agreements signed according to the Civil Code and agent contracts; incomes from the activity of technical and accounting expertise, judicial and extrajudicial; incomes obtained by an individual form an association with a legal taxpayer person under Title IV^1, which does not generate a legal person); associations without legal personality provided under art. 13 letter e); assigning the use of goods; investments; prizes and gambling winnings; other sources.