- ·Law no. 64/2018
- ·Decision no. 80/2018
Law no. 64/2018
Law no. 64/2018, published in the Official Gazette Part I no. 226 of March 13, 2018, supplementing paragraph (1) art. 139 of Law no. 53/2003 – Labour Code, brings the following clarifications:
Comment: This Law introduces a new non-working public holiday, respectively the Good Friday, which is the last Friday before Easter, and supplements art. 139 paragraph (1) of the Labour Code.
Decision no. 80/2018
Decision no. 80/2018, published in the Official Gazette Part I no. 224 of March 13, 2018, amending and supplementing several normative acts in connection with the labour force, brings the following clarifications:
Comment: This decision brings a number of amendments and supplements to several normative acts in connection with the labour force, as follows:
1) The Methodological Norms for the application of Law no. 76/2002 on the unemployment insurance system and the employment stimulation:
ü Clarifications regarding the calculation method of certain deadlines, stipulated by the law;
ü In order to certify the minimum contribution period of 12 months in the last 24 months preceding the date of filing the application and to establish the right to unemployment benefits, employers must issue, to individuals who terminate their employment or service, a certificate that shows the monthly calculation basis of the unemployment benefits established according to art. 39 par. (2 1 ) in the law and the calculation basis of the labour insurance contribution established in accordance with Law no. 227/2005, for each month of the last 12 months, before the termination of the employment or service, for which the contribution period was carried out and, according to the legal provisions, the labour insurance contribution was due to the state budget, the template is provided in Annex no. 26.
ü Amendment of the unemployment certificate (Annex 26)
ü Clarifications / amendments related to the insertion, activation and signing incentive provided for in art. 73 1 paragraph (1) of the Law, art. 73 2 of the Law and art. 75 of the law (who are the beneficiaries and their obligations, how to request it, how it is paid and by whom).
ü Clarifications / amendments related to subsidies and incentive measures provided by the law, benefiting employers.
2) The Methodological Norms for the application of the provisions of Law no. 279/2002 on apprenticeship in the workplace;
3) The Methodological Norms for the application of the provisions of Law no. 335/2013 on the internship of graduates of higher education institutions;
4) The Methodological Norms for the application of the provisions of Law no. 72/2007 on student employment stimulation;
5) The methodological norms for the application of the provisions of Law no. 200/2006 regarding the establishment and use of the Guarantee Fund for the payment of debts:
ü Art. 6 is amended as follows: “The social contributions due by insolvent employers, according to art.13 paragraph (2) of the law, are:
a) The social insurance contribution, unemployment insurance contribution, insurance contribution for accidents at work and occupational diseases, contribution for health insurance, including contribution for holidays and social health insurance indemnities are due by the employer according to the legal provisions until January 1, 2018.
b) The labour insurance contribution and, as the case may be, the social insurance contribution due by the employers according to the legal provisions as of January 1, 2018.
ü For individuals requesting unemployment benefits, in accordance with Law no. 76/2002 on the unemployment insurance system and employment stimulation, after January 1, 2018, in order to establish the contribution period in the unemployment insurance system, the following provisions are applicable:
a) For the periods after January 1, 2018, the provisions regarding the contribution period for the unemployment insurance system of the Methodological Norms for the application of Law no. 76/2002 on the unemployment insurance system and employment stimulation, as amended by this Decision;
b) For the periods prior to January 1, 2018, he provisions regarding the contribution period for the unemployment insurance system of the Methodological Norms for the application of Law no. 76/2002 on the unemployment insurance system and employment stimulation, with subsequent amendments and supplements, before the entry into force of this Decision.
Starting with the fiscal year 2018, the amounts due for the measures funded by the unemployment insurance budget, which are granted, according to the legal provisions, on the basis of conventions signed with the county employment agencies or the municipality of Bucharest, are no longer deducted by the employer in accordance with the legal provisions in force until January 1, 2018 and the corresponding provisions related to the conventions concluded until January 1, 2018 and shall be paid by the territorial employment agencies in accordance with the applicable laws.