Content:
• Law No. 213/2020
• Emergency Ordinance no. 163/2020
• Law No. 212/2020
• Order No. 1392/2020
• Order No. 1393/2020
• Law No. 209/2020
Law No. 213/2020
Law 213/2020 published in the Official Gazette Part I no. 893 of September 30, 2020, amending and supplementing Law no. 53/2003 regarding the Labour Code, brings the following clarifications:
Comment: This law introduces in the Labor Code the conciliation procedure and the notion of labour law expert and establishes, among others, the following:
- When negotiating, concluding or amending the individual employment contract or during the conciliation of an individual labour dispute, either party may choose to be assisted by an external consultant specialising in labour law or by a representative of the trade union of which they are a member.
- Every employer has the right to organize their human resources and payroll activities in the following ways:
a) Performance of specific attributions by the employer,
b) Designating one or more employees to carry out human resources and payroll activities, through the job description;
c) Contracting external services specialized in human resources and payroll (the external services specialized in human resources and payroll will be coordinated by a labour law expert).
- Upon the conclusion of the individual employment contract or during its performance, the parties may include in the contract a clause by which they establish that any individual labour dispute is settled amicably, through the conciliation procedure.
- Conciliation means the amicable settlement of individual labour disputes, with the help of an external consultant specialising in labour law, in conditions of neutrality, impartiality and confidentiality, with the free consent of the parties. The external consultant specialising in labour law can be a lawyer, an expert in labour law or, as the case may be, a mediator specialized in labour law, who, through his active role, will instruct the parties to act responsible towards the settlement of the dispute, while observing the rights of the employees. The fee of the external consultant will be borne by the parties according to their agreement.
- The Internal Regulation must include, among other things, the procedure for amicable settlement of individual labour disputes, requests or individual complaints of employees.
- In order to carry out the disciplinary investigation, the employer appoints a person, establishes a commission or uses the services of an external consultant specialising in labour law.
- During the preliminary disciplinary investigation, the employee has the right to formulate and support all defences in their own favour, present to the commission or the empowered person all the evidence and reasons deemed necessary, and also has the right to be assisted, at their request, by an external consultant specialising in labour law or by a representative of the trade union of which they are a member.
This Law enters into force on October 3, 2020.
In view of the above, we are pleased to inform you that the BIA HR team is coordinated by a group of experts accredited in labour law.
Emergency Ordinance no. 163/2020
Emergency Ordinance no. 163/2020 published in the Official Gazette, Part I no. 883 of September 28, 2020, supplementing Art. 159 of Law no. 263/2010 on the harmonised public pension system, and for the adoption of measures to enrol certain categories of individuals in the public pension system, brings the following clarifications:
Comment: This emergency ordinance establishes the following:
- By way of derogation from the provisions of the Law on the harmonised public pension system, regarding the insurance in the public pension system under an insurance contract, and of the Fiscal Code, relating to taxpayers of the public pension system, persons who are not retired can pay the social security contribution for periods of not more than 6 years preceding the month of the conclusion of the insurance contract, for periods when the person in question has not paid any contributions in the public pension system or in another social insurance system, in the country, in the European Union Member States or in other countries with which Romania applies international legal instruments in the field of social security.
- The periods of time for which can be concluded the social insurance contract for which can be paid the social security contribution are those between the date of reaching the age of 18 years and the date of the standard retirement age.
- Until September 1, 2021, the aforementioned persons may conclude a social insurance contract in order to obtain pension for the retirement age (the contract template is provided in the Annex to this Emergency Ordinance).
- Upon the conclusion of the social insurance contract, the applicant shall fill out a statement stating that, during the period recorded in the social insurance contract for which the insurance is requested, the applicant fulfils the following cumulative conditions:
a) Was not insured in the public pension system or in other non-integrated systems;
b) Did not have the obligation to be insured in the public pension system;
c) At the time of the conclusion of the social insurance contract the applicant is not retired.
- The monthly calculation base for the the social insurance contribution is the monthly insured income recorded in the social insurance contract which cannot be less than the minimum gross salary guaranteed at national level, in force at the time of the conclusion of the social insurance contract.
- The social security contribution due shall be paid in a single instalment or staggered, in monthly instalments, until August, 31 2021. The social insurance contract concluded under thisEmergency Ordinance ceases to apply when the social security contribution due is paid in full. If on August 31, 2021 the social security contribution due is not fully paid, the contribution period is constituted corresponding to the payment made.
Law No. 212/2020
Law no. 212/2020, published in the Official Gazette Part I no. 893 of September 30, 2020, amending Art. 65 par. (5) of Law no. 263/2010 on the harmonised public pension system, brings the following clarifications:
Comment: This law establishes the following:
- Persons who have lived for at least 30 years in areas affected by residual pollution due to the extraction, preparation and combustion of coal or bituminous shales, the extraction and processing of ferrous and non-ferrous ores containing dust or greenhouse gas emissions, copper, lead, sulphur, cadmium, arsenic, zinc, manganese, fluorine, chlorine, feldspar and silicon or radiation from radioactive ores, hydrogen sulphide, trivalent chromium, hexavalent chromium, cyanides, metal powders and/or metallurgical coke, as well as the processing of crude oil, desulphurisation of gasoline, of paraffin and non-paraffin crude oil, the distillation of crude oil in order to produce fuel oil and oils, respectively Baia Mare, Calarasi, Copsa Mica, Targu Mures, Drobeta-Turnu Severin, Tarnaveni, Slatina, Turnu Magurele as well as in Aninoasa, Baia de Cris, Baita, Brad, Calan, Certej, Criscior Deva, Ghelari, Hunedoara, Lupeni, Orastie, Petrosani, Soimus, Teliuc Uricani, Vetel, Vulcan in Hunedoara County, Abrud, Baia de Aries, Lupsa, Rosia Montana and Zlatna in Alba County, Bacau and in Bacau County, Victoria and Fagaras in Brasov County, Anina, Armenis, Ciudanovita, Moldova Noua, Otelu Rosu and Resita in Caras-Severin County, Campia Turzii, Dej and Turda in Cluj, Galati in Galati County, Branesti, Dragotesti, Farcasesti, Matasari, Motru, Negomir, Plopsoru, Rovinari Urdari and Turcei in Gorj County, Ciulnita and Slobozia in Ialomita County, Brazi and Ploiesti in Prahova County, Iacobeni and Vatra Dornei in Suceava County, Fardea, Margina, Nadrag and Tomesti in Timis County, Mina Altan Tepe in Tulcea County, Berbesti and Ramnicu Valcea in Valcea County, within a radius of 8 km around these localities, benefit from reducing the standard retirement age by 2 years without penalty.
Order No. 1392/2020
Order no. 1392/2020 published in the Official Gazette Part I no. 850 of September 16, 2020 regarding the approval of the template of the request and of the documents provided for in Art. 4 para. (2) of Government Decision no. 719/2020 for the approval of the reimbursement procedure and payment of the amounts granted under the Government Emergency Ordinance no. 132/2020 regarding support measures for employees and employers in the context of the SARS-CoV-2 pandemic, as well as for stimulating employment growth, brings the following clarifications:
Comment: This order approves the template of the request, of the affidavit and of the list necessary for requesting the reimbursement of 41.5% of the salary granted to employees who conclude individual employment contracts for a period up to 3 months (the request is made by the employer).
Order No. 1393/2020
Order no. 1393/2020 published in the Official Gazette Part I no. 850 of September 16, 2020 regarding the approval of the template of the request and of the documents provided for in Art. 1 para. (2) of Government Decision no. 719/2020 for the approval of the reimbursement procedure and payment of the amounts granted under the Government Emergency Ordinance no. 132/2020 regarding support measures for employees and employers in the context of the SARS-CoV-2 pandemic, as well as for stimulating employment growth, brings the following clarifications:
Comment: This order approves the template of the request, of the affidavit and of the list necessary for requesting the payment of the allowance for 75% of the difference between the gross basic salary provided for in the individual employment contract and the gross basic salary related to the actual working hours provided as a result of the reduction of the working time (Kurzarbeit).
Law No. 209/2020
Law no. 209/2020 published in the Official Gazette Part I no. 884 of September 28, 2020 on measures regarding the crossing of the Romanian state border and measures to facilitate border crossing for cross-border (frontier) workers, brings the following clarifications:
Comment: Frontier workers are the persons fulfilling the following conditions:
a) Work on the territory of a state other than their residence;
b) Return periodically, daily or at least weekly to the country of residence.
The appropriate passport community service departments will issue the frontier worker (commuter) card, upon request. The request is accompanied by the proof of the valid employment contract concluded. The validity of the frontier worker card is equal to that of the employment contract, but not more than 5 years.
Within 30 days from the date of entry into force of this law, the Ministry of Internal Affairs presents to the Government a schedule and a memorandum containing the implementation measures.