LEGISLATIVE NEWSLETTER
Content:
- Law no. 170/2016
- Order no. 1008/2016
- Law no. 172/2016
- Emergency Ordinance no. 60/2016
- Ordinance no. 25/2016
Law no. 170/2016
Law no. 170 of October 07, 2016, published in the Official Gazette Part I no. 812 of October 14, 2016 regarding the specific tax on certain activities, brings the following clarifications:
Notwithstanding the provisions of Title II of the Tax Code, this law regulates specific tax for Romanian legal persons who carry out activities corresponding to the following NACE codes:
a) 5510 – Hotels and similar accommodation services;
b) 5520 – Holiday and other short-stay accommodation;
c) 5530 – Camping grounds, recreational vehicle parks and trailer parks;
d) 5590 – ther forms of accommodation;
e) 5610 – Restaurants;
f) 5621 – Event catering activities;
g) 5629 – Other food service activities;
h) 5630 – Beverage serving activities;
Comment: The formulas for calculating the specific annual tax depend on the NACE codes and are presented in the Annexes of this law. The law enters into force on 1 January 2017.
Oder no. 1008/2016
Order no. 1008 of September 6, 2016, published in the Official Gazette Part I no. 736 of September 22, 2016, approving the Methodological Norms for enforcing Title XX of Law no. 95/2006 on healthcare reform, relating to the approval of activities in the field of medical devices
Law no. 172/2016
Law no. 172 of October 07, 2016, published in the Official Gazette Part I no. 808 of October 13, 2016, supplementing Art. 158 of Law no. 263/2010 on the unitary public pension system, brings the following clarifications:
Article 158 of Law no. 263/2010 on the unitary public pension system, is supplemented with two new paragraphs after paragraph (3):
„(31) The length of service within the occupational Group I and / or Group II, carried out before 1 April 2011, shall be proven with the employment record book, under the provisions of Decree no. 92/1976 regarding the employment record book.
(32) The length of service within the occupational Group I and / or Group II not recorded in the employment record book or recorded incorrectly or incompletely, shall be proven with certificates issued by employers or legal owners of archives. ”
After paragraph (4), three new paragraphs (5) – (7) are introduced that set out provisions relating to the documents used for verifying the inclusion of workplaces / activities / professional categories in higher occupational groups.
It is also specified that in case of post-verification breaches of the legislation regarding the framing of higher occupational groups or if the documents used for the issuance of such certificates are not submitted, the respective periods of time shall be taken into account as length of service/contribution in normal working conditions.
Emergency Ordinance no. 60/2016
Emergency Ordinance no. 60 of September 28, 2016, published in the Official Gazette Part I no. 773 of October 4, 2016, amending and supplementing Law no.76 / 2002 on the unemployment insurance system and employment stimulation.
Comment: This Emergency Ordinance introduces the notion of young NEETs – young person aged between 16 and 24 who is „Not in Education, Employment, or Training”.
It is important to note that this emergency ordinance introduces larger facilities granted for unemployed people who get hired (mobility premium) and for employers who hire, for an indefinite period, graduates of educational institutions, unemployed people over the age of 45, unemployed parents who are the sole providers of single-parent families, long-term unemployed people or young NEET people.
Ordinance no. 25/2016
Ordinance no. 25 of August 24, 2016, published in the Official Gazette Part I no. 670 of August 31, 2016, amending and supplementing certain normative acts regarding foreign nationals.
Comment: This Ordinance amends and supplements Government Ordinance no. 25/2014 on the employment and assignment of foreign nationals on Romanian territory, it also amends and supplements certain normative acts regarding the status of foreign nationals in Romania, as well as Government Emergency Ordinance no. 194/2002 on the status of foreign nationals in Romania.
Among the many amendments and additions brought by this Ordinance, we note that foreigners holding a temporary residence work permit, and employed with an individual employment contract in Romania, can be employed by another employer in Romania, without an employment notice, only on the basis of a part-time employment contract, with a maximum of 4 working hours per day.
It is introduced the term ICT worker – the person transferred within the same company – the foreigner who lives in a third-country when filing the assignment notice request and who is subject to a transfer within the same company.
Also, there are brought additions regarding seasonal workers and foreigners assigned on the territory of Romania.
This Ordinance amends another important aspect such as the visa application resolutions. Thus, the applications for issuing a long-stay visa are solved in terms of granting or rejecting the long-stay visa, within up to 60 days from their submission date.