Content:
- Order no. 2004/2018
- Decision no. 772/2018
- Law no. 247/2018
Order no. 2004/2018
Order no. 2004/2018, published in the Official Gazette, Part I no. 865 of October 12, 2018, regarding the approval of the framework templates of the internship certificate, the internship contract and the request for the employment promotion premium, brings the following clarifications:
Comment: This Order approves the framework templates of the internship certificate, the internship contract and the request for the employment promotion premium, as set out in Annexes 1-3 of this Order.
We mention that on October 2, 2018, the National Agency for Employment issued a Press Release, announcing the launch of the Electronic Register of Internship Records. The register, established and managed by the National Agency for Employment (ANOFM), will keep track of all internship contracts and host organizations (legal entities to which interns carry out specific activities based on internship contracts) that must register in this portal all the internship contracts concluded.
According to Law no. 176/2018 regarding internship programs, prior to the start of the internship activity, the host organizations shall fill out and submit to the respective Register the data comprised in the contracts.
Decision no. 772/2018
Decision no. 772/2018, published in the Official Gazette Part I no. 843 of October 3, 2018, amending and supplementing several normative acts in the workforce field, brings the following clarifications:
Comment: This Decision brings changes to the following normative acts:
- The Methodological Norms for the application of Law no. 76/2002 on the unemployment insurance system and the employment stimulation;
- The procedures regarding the access to the employment stimulation, the financing methods and the instructions for their implementation, approved by Government Decision no. 377/2002;
- The methodological norms for the application of the provisions of Law no. 279/2005 on apprenticeship at work;
- The methodological norms for the application of the provisions of Law no. 335/2013 regarding the internship period carried out by higher education graduates.
Among the amendments brought by this Decision, we highlight those regarding the payment method of the activation bonus. This bonus benefits unemployed persons registered at employment agencies for at least 30 days and who do not benefit from unemployment indemnity, if they become full-time employees for a period longer than 3 months, after the registration date at employment agencies. Thus, the amount representing the activation bonus is paid in two tranches, as follows:
- A tranche equal to 50% of the established amount, in the following month after the month when the request for the activation bonus was submitted, at the same date with the payment of the unemployment indemnity payable to the unemployed;
- A tranche equal to 50% of the established amount, in the following month after the expiration of the 3-months employment period, at the same date with the payment of the unemployment indemnity payable to the unemployed;
The activation bonus is set to RON 1.000, non-taxable.
Law no. 247/2018
Decision no. 247/2018, published in the Official Gazette Part I no. 941 of November 7, 2018, amending and supplementing several normative acts on the regime of foreigners in Romania, brings the following clarifications:
Comment:: This Decision brings changes to the following normative acts:
- Government Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania;
- Government Ordinance no. 25/2014 regarding the employment and detachment of foreigners on the territory of Romania and for the amendment and supplement of several normative acts on the regime of foreigners in Romania;
Of the many amendments brought by this law, we highlight:
- Introducing definitions for new terms such as: educational project, host entity, researcher, au pair worker, trainee worker, etc.
- Eliminating the obligation for non-EU citizens to receive a salary of at least one gross average salary per country. Thus, foreigners coming to Romania for employment purposes will be granted the right to temporary stay for work purposes if they submit the full-time individual labour contract, registered in the General Register of Employees, and which shows that the salary is at least at the minimum basic gross salary per country guaranteed for payment. In the case of highly qualified workers, the salary should be at least twice the gross average salary;
- Simplification of the selection procedures undertaken by employers in order to obtain the issuance of a work authorization for permanent workers;
- Foreigners who are appointed to manage a subsidiary, branch or dealership on the territory of Romania of a company headquartered abroad, on the basis of a mandate contract or other document with the same legal value, are granted the right to temporary stay for work purposes without the submission of a labour contract, if they prove the means of maintenance obtained from the activity carried out in this capacity, at least at the level of the minimum basic gross salary per country guaranteed for payment.
- Reduction of the fee paid by the employers when issuing a vacancy notice. This law stipulates that when the vacancy / posting notice is issued, the employer / beneficiary of the service pays a fee in RON, equivalent to EUR 100, calculated at the official NBR exchange rate at the time of payment (the previous legislation provided for a fee in RON, equivalent to 200 euro). In order to issue a vacancy notice for seasonal workers or if the employer intends to hire a foreigner given a temporary right to stay for studies (after graduation), the employer pays a fee in RON equal to EUR 25, calculated at the official NBR exchange rate at the time of payment (the previous legislation provided for a fee in RON, equivalent to EUR 50).