Contents:
- Decision No. 1/2014
- Order No. 826/2014
- Government Decision No. 471/2014
- Decision No. 4/2014
- Emergency Ordinance No. 40/2014
- Order No. 3590/2014
- Law No. 77/2014
Decision No. 1 of May 26th, 2014, published in the Official Gazette Part I No. 405 of June 2nd, 2014 on the fee and tariff charged by the National Public Pension House and by the territorial pension houses for carrying out operations that are not related to the establishment and payment of pensions and other social security entitlements in the public pension system makes the following clarifications:
Comment: This decision lays down the tariffs charged by the National Public Pension House (CNPP) and by the territorial pension houses, as follows:
a) the issuance, upon request, of the certificate on the period of contribution to the public pension system (CNPP automatically certifies the period of contribution once every two years) – lei 15;
b) the issuance, upon request, of certificates attesting the capacity, the income ensured and/or the period of contribution achieved, starting with the second request during a calendar year – lei 15;
c) the issuance of certificates containing information necessary for levies of execution – lei 17
Order No. 826/2014
Order No. 826 of May 28th, 2014, published in the Official Gazette Part I No. 407 of June 2nd, 2014, on the approval of the Regulation concerning the tariffs for the payment of services carried out in the fields of activity of the Labour Inspectorate makes the following clarifications:
Comment: According to this Order, the tariff for the payment of services rendered in the fields of activity of the Labour Inspectorate is lei 20/document. This category includes:
· The issuance of certificates/attestations/duplicates based on the documents existing in the archives of the territorial labour inspectorates, upon the request of natural persons, legal persons or any other entities legally entitled to request and obtain such information.
· The issuance of certificates containing information taken from the database organised at the level of the Labour Inspectorate with the general records of employees, sent by employers.
· The supply of data from the General Register of Employees in order for its contents to be re-entered in the employers’ registers, by means of paper excerpts from the database organised at the Labour Inspectorate, established in accordance with Government Decision No. 500/2011 on the general register of employees.
Government Decision No. 471 of June 4th, 2014, published in the Official Gazette Part I No. 437 of June 16th, 2014, amending and supplementing the Methodological Rules implementing Law No. 122/2006 on asylum in Romania, as approved by Government Decision No. 1251/2006 makes the following clarifications:
Comment: This decision transposes Article 7 and Article 9(3) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection.
Decision No. 4/2014
Decision No. 4 of May 15th, 2014, published in the Official Gazette Part I No. 448 of June 19th, 2014, on the issuance of the certificate attesting that the holder is not a member of the College of Physicians in Romania, makes the following clarifications:
Article 1 – Graduates of medicine faculties may obtain, upon request, a certificate attesting that they are not members of the College of Physicians in Romania.
Comment: This decision includes: the documents needed for the issuance of the certificate, the format of the certificate and the tariff charged.
Emergency Ordinance No. 40/2014
Emergency Ordinance No. 40 of June 18th, 2014, published in the Official Gazette Part I No. 455 of June 23rd, 2014, amending and supplementing certain legislative acts and regulating certain fiscal measures, makes the following clarifications:
Comment: Of the amendments operated by this emergency ordinance, we specify:
- Taxable persons residing in a EU Member State, a Member State of the European Economic Area or a state that is party to an international legal instrument signed by Romania regarding administrative cooperation in fiscal matters and the recovery of fiscal debts are no longer required to designate an authorised person for the submission of statements to the fiscal bodies;
- The fiscal administrative documents may also be communicated to the taxpayers by electronic means;
- The submission of applications by the taxpayer to the fiscal body by electronic means and the electronic identification of taxpayers (e.g. the use of qualified digital certificates);
- The tax on the income from agricultural activities owed for the 2013 fiscal year shall be cancelled pro rata with the degree of calamity affecting agricultural production, if the conditions provided for in this emergency ordinance are met.
Order No. 3590/2014
Order No. 3590 of June 17th, 2014, published in the Official Gazette Part I No. 457 of June 23rd, 2014, on the approval of the Methodology for the issuance for citizens having studied in Romania of the certificate of compliance of studies with the provisions of Directive 2005/36/EC of 7 September 2005 on the recognition of professional qualifications, with a view to the conduct of teaching activities abroad makes the following clarifications:
Article 1 This methodology applies to Romanian citizens and citizens of EU Member States, citizens of the states signatories of the Agreement on the European Economic Area, citizens of the Swiss Confederation, as well as to citizens of the Republic of Moldova, who have studied in Romania and who request the issuance of a compliance certificate for the purposes of conducting teaching activities in one of the Member States of the EU, the European Economic Area, or in the Swiss Confederation, as self-employed persons or employees.
Law No. 77/2014
Law No. 77 of June 24th, 2014, published in the Official Gazette Part I No. 470 of June 26th, 2014, amending paragraph (4) of Article 251 of Law No. 53/2003 – the Labour Code, makes the following clarifications:
Article 251(4) During the preliminary disciplinary investigation, the employee shall have the right to submit and support all defences in his/her favour and to offer the person authorised to carry out the investigation all the evidence and justifications he/she considers necessary, as well as the right to be assisted, upon request, by a lawyer or by a representative of the trade union he/she is a member of.
Comment: The novelty brought by this law refers to the right of employees to be assisted by a lawyer during the preliminary disciplinary investigation. According to the provisions valid before this law, the employee could only be represented by a representative of his/her trade union.