October 8, 2018 Legislative Newsletter

Content:

 

 

 

Emergency Ordinance no. 81/2018, published in the Official Gazette Part I no. 792 of September 9, 2018, amending and supplementing Government Emergency Ordinance no. 111/2010 on parental leave and monthly child-raising indemnity, brings the following clarifications:

 

Comment: This Emergency Ordinance enlists the category of income from intellectual property activities into the category of income that is taken into account when establishing the rights provided by the Government Emergency Ordinance no. 111/2010, approved with amendments by Law 132/2011, with subsequent amendments and supplements

 

Thus, Article 2, paragraph (1) shall have the following content:

 

 

Entitled individuals who have applied for the monthly indemnity provided for in the Government Emergency Ordinance no. 111/2010, the amount of which has been established without taking into account income from intellectual property rights earned starting with March 23, 2018, can submit directly to the county or Bucharest agencies for payments and social inspection, the supporting documents that document said income, within 60 days from the date of entering into force of this Emergency Ordinance.

 

For individuals whose monthly indemnity was set, without taking into account the income from intellectual property rights earned starting with March 23, 2018, the county or Bucharest agencies for payments and social inspection have the obligation to set the new amount within 60 days from the submission of the aforementioned documents or, as the case may be, within 60 days of the entry into force of this Emergency Ordinance, if said documents are already filed.

 

 

 

 

Law no. 198/2018, published in the Official Gazette Part I no. 646 of July 25, 2018, amending and supplementing several normative acts regarding the insurance against accidents at work, brings the following clarifications:
 

Comment:: This Law amends the following normative acts:

 

 

The changes are aimed at volunteers working in voluntary emergency services under volunteer contracts.

 

 

 

Comment: The provisions of this Order apply to determine the social health insurance contribution and the social insurance contribution due for income earned in 2017.

 

 

Decision no. 714/2018, published in the Official Gazette Part I no. 797 of September 18, 2018 concerning the rights and obligations of employees of public authorities and institutions during the delegation, detachment and travel for work in another locality, brings the following clarifications:

 

Comment: Employees delegated to a town located within a distance between 5 and 50 km from the locality in which they have their permanent place of work, receive a delegation allowance in the amount of 20 lei / day, irrespective of the job they perform and of the public authority or institution in which they carry out their activity.

 

This decision shall enter into force on January 1, 2019. Upon its entering into force, is repealed the Government Decision no. 1860/2006 concerning the rights and obligations of employees of public authorities and institutions during the delegation and detachment in another locality, as well as in the case of travel for work within the locality, with subsequent amendments and supplements.

 

These changes positively affect the amount of the allowance granted by private companies during delegation / detachment, the tax-exempt ceiling increases as a result of this Decision starting January 1, 2019 to 2.5×20 lei compared to 2.5×17 lei (as it is now).
 

 

Order no. 1986/2018, published in MO Part I no. 820 of September 25, 2018, amending the procedure for the application of the provisions of art. 84 1 of Law no. 76/2002 on the unemployment insurance system and employment stimulation, approved by the Order of the Minister of Labor, Family and Social Protection no. 342/2009, brings the following clarifications:

 

Comment: This Order brings a series of changes to the list of documents that employers have to submit to the county or Bucharest employment agency in order to request the financial aid provided by art. 84 ¹ of Law no. 76/2002 on the unemployment insurance system and employment stimulation

 

At the same time, this Order provides the standard application template for granting of the financial aid provided by art. 84¹.

 

We mention that art. 84¹ refers to the financial aid equal to the amount of the insurance contribution for the work due and paid by the employers for each graduate with whom they maintain labor relations, after fulfilling the conditions imposed by the law (for each year of continuation of the labor relations).
 

 

Law no. 232/2018, published in the Official Gazette Part I no. 679 of August 06, 2018, amending and supplementing Law no. 202/2002 on equal opportunities and treatment between women and men , brings the following clarifications:

 

Comment: Article 6 of the Law introduces a new paragraph (1¹) that forbids any behaviour of harassment, sexual or psychological harassment as defined by this law, both in public and in private. At the same time, the Law amends the administrative fines imposed for violating the provisions of Law no. 202/2002.

 

 

Joint Order no. 1943/4869/2018 of the Ministry of Labor and Social Justice and of the National Institute of Statistics, published in the Official Gazette Part I no. 810 of September 9, 2018 amending and supplementing the Classification of Occupations in Romania – level of occupation (six-digit code), approved by the Order of the Minister of Labor, Family and Social Protection and of the President of the National Institute of Statistics no. 1832/856/2011, brings the following clarifications:

 

Comment: The Classification of occupations in Romania – level of occupation (six-digit code) is amended and supplemented with the new occupations carried out within the national economy, as set out in the Annex which forms an integral part of the Order.