Content:
• Emergency Ordinance no. 192 /2020
• Decision no. 935/2020
Emergency Ordinance no. 192 /2020
Emergency Ordinance no. 192 published in the Official Gazette Part I no. 1042 of November 06, 2020, amending Law no. 55/2020 regarding some measures to prevent and combat the effects of the COVID-19 pandemic, as well as for amending letter a) of art. 7 of Law no. 81/2018 regulating teleworking, brings the following clarifications:
Comment: This Emergency Ordinance establishes the mandatory wearing of the protective mask in public spaces, commercial spaces, public transport and at work.
At the same time, it is specified that during the state of alert, employers will require their employees to work from home or telework, where the activity allows it.
Likewise, during the state of alert, employers in the private sector, central and local public authorities and institutions, regardless of the financing and subordination method, as well as autonomous companies, national companies, national companies and companies where the share capital is fully or mostly owned by the State, with more than 50 employees, employer must organize the work schedules so that the employees are divided into groups that start and finish work at least one hour apart.
Regarding the teleworking activity, the emergency ordinance stipulates that the employer must provide the means related to information technology and communication and/or safe work equipment necessary to carry out the activity. The parties may agree in writing that the teleworker may use their own equipment and specify the conditions of use.
Decision No. 935 /2020
Decision no. 935 published in the Official Gazette Part I no. 1042 of November 06, 2020 amending Annexes no. 2 and no. 3 to Government Decision no. 856/2020 on extending the state of alert in Romania starting October 15, 2020 and to establish the measures applied during it to prevent and combat the effects of the COVID-19 pandemic, brings the following clarifications:
Comment: This Decision establishes the following measures:
- Wearing of the protective mask, so that it covers the nose and mouth, is mandatory for all people who have reached the age of 5, in all open public spaces;
- It is forbidden to hold meetings on the occasion of celebrations, anniversaries, parties in closed and/or open spaces, public and/or private;
- In all localities it is forbidden the movement of persons outside the house/household between 23.00 — 05.00, with certain exceptions motivated by:
1. Travel for professional purposes;
2. Travel for medical assistance that cannot be postponed or carried out remotely, as well as the purchase of pharmaceutical products;
3. Travelling outside the locality of persons who are in transit or whose travelling schedule overlaps with the travel ban time (plane, train, bus — justified by the ticket or other way of paying for the trip);
4. Travel for legitimate reasons, such as caring/accompanying of children, assistance to elderly, sick or disabled persons or death of a family member.
- Travel for professional purposes is proved with a work badge, a certificate issued by the employer or an affidavit;
- Travel for personal reasons is proved based on an affidavit (containing: name and surname, date of birth, address, reason of travel, date of filling out and signature);
- Economic operators carrying out commercial activities/services in closed and/or open spaces, public and/or private, must organize their activity between 05.00 — 21.00;
- Employers in the private system, central and local public authorities and institutions, regardless of the financing method and subordination, as well as autonomous companies, national companies, national companies and companies where the share capital is fully or mostly owned by the State, or by an administrative-territorial unit, with more than 50 employees, employers must organize their employees’ work schedules as telework or work from home. If employees cannot fulfil their duties by telework or work from home, in order to avoid congestion in public transportation, institutions and companies must organize the work schedules so that the employees are divided into groups that start and finish work at least one hour apart.