LEGISLATIVE NEWSLETTER
Content:
- Law no. 176/2016
- Law no. 186/2016
- Order no. 2731/2016
- Law no. 175/2016
- Law no. 178/2016
Law no. 176/2016
Law no. 176 of October 7, 2016, published in the Official Gazette Part I no. 808 of October 13, 2016, amending paragraph (1) of article 139 of Law no. 53/2003 – Labour Code, brings the following clarifications:
The law amends paragraph (1) of article 139 of Law no. 53/2003 – Labour Code, declaring the 24th of January – the Union of the Romanian Principalities, a non-working public holiday.
„Art. 139 – (1) The non-working public holidays are as follows:
– 1st and 2nd of January;
– 24th of January– Union of the Romanian Principalities day;
– the first and second day of Easter;
– 1st of May;
– the first and second day of Pentecost;
– The Dormition of the Mother of God (Assumption Day);
– 30th of November – Saint Andrew, the First-called, and Protector of Romania;
– 1st of December;
– the first and second day of Christmas;
– two days for each of the 3 annual religious holidays, declared as such by the legal religious cults, other than Christian, for the persons belonging to those religious cults.”
Law no. 186/2016
Law no. 186 of October 20, 2016, published in the Official Gazette Part I no. 842 of October 24, 2016 regarding certain measures for some categories of individuals to enrol in the public insurance pension system, brings the following clarifications:
Notwithstanding the provisions of Law no. 263/2010 on the unitary public pension system, and of Law. 227/2015 regarding the Tax Code, individuals who are not retired can pay pension contributions for the period during which they were not insured within the public pension system or within a non-integrated pension insurance system. Individuals with compulsory insurance within the public pension system, under Law no. 263/2010, are exempted from the provisions of this law.
The period for which an individual can pay said contributions, is comprised between the date of the insurance contract and the last 5 years prior to this date.
The respective pension contributions can be paid in a single payment or in instalments, within 6 months after the entry into force of this law.
Order no. 2731/2016
Order no. 2731 of September 20, 2016, published in the Official Gazette Part I no. 845 of October 25, 2016, approving the Procedure for declaring and establishing the social health insurance contributions owed by individuals with no income or by other categories of individuals mentioned in art. 180 of the Tax Code and also for the approval of certain forms, brings the following clarifications:
The procedure approved by this Order applies to individuals without incomes such as those stipulated by art. 155 of the Tax Code (income subject to social health insurance contributions – eg income derived from salaries or assimilated to salaries, pensions, income from independent activities, etc.) or to individuals with monthly earnings deriving exclusively from investments and / or other sources of income whose monthly calculation base is below the national minimum gross salary and who do not fall into the categories of individuals exempted from the payment of the contribution or for whom the payment of the contribution is borne from other sources, provided in art. 180 par. (1) of the Tax Code – known for the purposes of these proceedings, as individuals without income or other categories of individuals mentioned in art. 180 of the Tax Code.
The individuals mentioned above, owe social health insurance contributions as follows:
a) Monthly, by applying the individual contribution rate on the calculation base represented by the value of the national minimum gross salary, and are obliged to pay the social health insurance contribution for at least 12 consecutive months, upon the month of filling the declaration;
b) Upon accessing the services provided by the public social health insurance system, under the provisions of the law, by submitting the declaration and applying the individual contribution rate on the calculation base represented by the value of 7 times the national minimum gross salary.
Law no. 175/2016
Law no. 175 of October 7, 2016, published in the Official Gazette Part I no. 812 of October 14, 2016, amending art. 15 of Law no. 78/2014 on regulating volunteering activity in Romania, brings the following clarifications:
Art. 15 of Law no. 78/2014 is amended in order to include in the voluntary agreement certain obligations / options for the host organization. For example, the obligation of the host organization to carry out activities under the authority of a volunteer coordinator, while observing the legal provisions on health and safety at work; depending on the nature and specific features of that activity, the host organization must be able to bear the costs of food, accommodation and transport for volunteers in order for them to carry out said volunteering activities, all this within the budget allocated for this purpose, the host organization must be able to bear the expenses incurred by volunteering activities, apart from those related with the work done by the volunteers, within the budget allocated for this purpose.
Also, it is stipulated that at the request of the volunteer, the host organization may conclude an insurance contract against the risk of accident and illness or other risks arising from the nature of the work implied, depending on the complexity of the work carried out by the volunteer and within the budget allocated for this purpose.
Law no. 178/2016
Law no. 178 of October 07, 2016, published in the Official Gazette Part I no. 812 of 10.14.2016 regarding the approval of Government Ordinance no. 2/2016 amending Law no. 206/2004 concerning the good conduct of scientific research, technological development and innovation.