Legislative Newsletter December 15th, 2014

It covers the following:

 
•     Emergency ordinance no. 65/2014
•     Order no. 3093/2014
•     Law no. 140/2014
•     Emergency ordinance no. 68/2014
•     Decision no. 958/2014
•     Decision no. 989/2014
 
 
 Emergency ordinance no. 65/2014
 

The emergency ordinance no. 65 of October 15th, 2014, published in the Official Gazette Part I no. 760 of October 20th, 2014 for the amendment and supplementing of norms, includes the following remarks:

 

Comment: The amendments made by this emergency ordinance include amendments of the following norms regarding children’s allowance:

•     Law no. 272/2004 regarding protection and promotion of the children’s rights;

•     Law no. 277/2010 regarding the allowance for family support;
 

The allowances are set function of the Reference Social Index (500 RON). The level of the allowances differs function of the number of members of the family and the incomes of such.

At the same time, the levels of the allowances of the children subject to foster care and of adopted children are also provided.

 
 
 

Order no. 3093/2014
 

Order no. 3093 of October 14th, 2014 published in the Official Gazette Part I no. 761 of October 21st, 2014 for the approval of the Procedure regarding the certification of the manner of fulfilling by the tax payers, natural persons, who should be insured in the public pension fund, according to the provisions of chapter II of title IX2 of Law no. 571 no.

571/2003 regarding the Tax code, of the tax obligation representing the contribution to the state social security system and of the model and content of forms used within this procedure, includes the following remarks:

 

Comment: This order establishes the procedure through which the persons mentioned below prove the payment of the contributions to the public pension fund:

 
•     the entrepreneurs owners of an individual enterprise;
•     the members of family-owned enterprises;

•     the persons with a status of a natural person authorised to carry out economic activities;

•     the persons who obtain incomes from freelance occupations;

•     the persons who obtain incomes from intellectual property rights, for whom income tax is determined based on the single-entry bookkeeping data;

•     the persons who obtain incomes with withholding tax regime (for example, incomes from intellectual property rights) and the persons who obtain incomes from associations without legal personality;

•     the persons who obtain incomes from agricultural activities;

•     the persons who obtain incomes from fish farming and forestry activities;

•     the persons who obtain incomes from transferring the use of the goods;

 
 
 
 

Law no. 140/2014
 

Law no. 140 of October 21st, 2014 published in the Official Gazette Part I no. 774 of October 24th, 2014 regarding the approval of the emergency ordinance no. 23/2014 for the amendment and supplementing of Law no. 95/2006 regarding healthcare reform and for the amendment of norms in the healthcare field, includes the following remarks:

 

Article 221 – (1) Nurses responsible for general care, midwives and retired nurses during the period April 24th – May 15th, 2014 who submit applications for the carrying out of operations within the public healthcare system are exempted from the application of the provisions of article 30 paragraph (1) of the republished Law no. 53/2003 – Labour Code.

(2) For the cases provided under paragraph (1), the individual labour contract for a fixed term is concluded prior to the moment when the general care nurses, midwives and nurses turn 65 years old.

(3) The value of the retirement allowance for the cases provided under paragraph (1) is decided according to the law.

 
 

 

Emergency ordinance no. 68/2014

 

The emergency ordinance no. 68 of October 21st, 2014, published in the Official Gazette Part I no. 803 of November 4th, 2014 for the amendment and supplementing of norms, includes the following remarks:

 

Comment: For the amendments made through this emergency ordinance, we will refer to the supplements of

GEO no. 158/2005 regarding the leaves and healthcare insurance allowances, as follows:

•     supplementing the category of insured persons with the wife/husband of the holder of the individual enterprise/self-employed person according to the law;

•     details regarding the contribution level for leaves and allowances applied to different categories of insured persons.

 
 
 
 

Decision no. 958/2014
 

Decision no. 958 of October 29th, 2014, published in the Official Gazette Part I no. 807 of November 5th, 2014, for the approval of the Protocol between the Ministry of Labour, Family, Social Security and Elderly Persons in Romania and the Ministry of Internal Affairs in the State of Israel regarding the recruitment of Romanian workers for temporary works in the field of construction works in the State of Israel, signed in Jerusalem, on June 24th,

2014, includes the following remarks:

 

Comment: The protocol is an integral part of this order.

 
 

 

Decision no. 989/2014

 

Decision no. 989 of November 4th, 2014 published in the Official Gazette Part I  no. 811 of November 6th, 2014, regarding the update of the volume of the social benefits provided under article 58 paragraph (4) of Law no. 448/2006 regarding the protection and promotion of the rights of the disabled persons, includes the following remarks:

 

Sole article – Starting on January 1st, 2015, the level of the social benefits provided under article 58 paragraph (4) of Law no. 448/2006 is updated as follows:

 
a)  monthly indemnity, regardless of incomes:

1.  234 RON, for the adult person with a severe disability;

2.  193 RON, for the adult person with an emphasized disability;

b)  monthly complementary personal budget, regardless of incomes;

1.  106 RON, for the adult person with a severe disability;

2.  79 RON, for the adult person with an emphasized disability;

3.  39 RON, for the adult person with a medium disability. 

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