ELECTRONIC REGISTER OF DAILY WORKERS HAS BECOME MANDATORY

From 25 July 2020, with the entry into force of the ordinance of the Minister of Labour and Social Protection No 1.140/2020, the electronic register becomes mandatory for daily workers, therefore, companies and PFA working with daily workers must keep their records in the electronic register of their daily workers.

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THE HARASSMENT AND DISCRIMINATION AT WORK HAVE BEEN REDEFINED BY THE LABOUR CODE

August 4, 2020Alexandra Craciunoiu

Following the publication of Law 151 of 23 July 2020 in the Official Gazette No. 658 of 24 July 2020, additions and amendments to the Labour Code were made in terms of discrimination against employees.

Thus any discrimination, direct or indirect, against an employee, by association, harassment or victimization, on the basis of race, nationality, ethnicity, color, language, religion or social origin, genetic characteristics, sex, sexual orientation, age, disability, chronic non-malattie contagiose, HIV infection, political option, family situation or responsibility, membership or trade union activity, membership in a disadvantaged category is prohibited.

What is discrimination for association, harassment and victimization?

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The company registration process was simplifies. The law 102/2020 finally enters into force!

July 9, 2020Alexandra Craciunoiu

6 months ago we announced the appearance of some positive amendments to the Company Law n. 31/1990, such as:

  • cancelation of the provisions whereby a natural or legal person may be a sole member of a single limited liability company

  • the abolition of the provisions providing that different companies may operate in the same establishment only if the building, through its structure and its useful surface, allows more companies to operate in different premises or in separate shared spaces

  • Abolishment of the obligation to obtain an aproval from the Owners’ Association of the building to change the destination of the real estate, in the case of companies whose registered office is to be registered in an apartment building, for companies with registered office of which no activity is exercised.

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Travel to Romania for business purpose is exempt from quarantine and isolation measures

June 17, 2020Bianca Druc

The Romanian Government has launched a new phase of relaxation measures related to the current epidemiological context. In this regard, The Decision no. 465 was adopted on the 11th of June 2020, to amend and supplement Annexes 2 and 3 of HG 394/2020 on the Alert State Declaration.

Also, in the Official Journal n. 508 of 15 June 2020 was published the order of the Minister of Health no. 1,080 of 12 June 2020 amending and supplementing Amendment 414/2020 establishing the quarantine measures for persons in an international public health emergency due to COVID-19 infection.

Here’s a summary of the legislative changes, on the conditions of travel and entry into Romania.

 1. Countries to be exempted from quarantine/house isolation.

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NEWS ON THE MULTIPLE ELECTRONIC PAYMENT ORDER

June 9, 2020Alexandra Craciunoiu

From 21st of April onwards, both public entities and economic operators, which by their nature have opened accounts with the Treasury, will be able to make online payment via the electronic multiple payment order, by accounts opened with the Treasury units of the State through which it operates.

The new provisions are contained in the OMFP n. 1819/2020 and were published in the Official Journal n. 279 of 3 April 2020.

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Where can tehnical unemployment documents be sent after the 1st of May?

June 4, 2020Alexandra Craciunoiu

As of the 3rd of April 2020, the procedures for submitting the documents required to obtain the technical unemployment indemnity have changed. According to the new methodology, all those who submit applications for April (therefore all applications that will be submitted after 1st of May) must send them via the online platform made available by the Romanian Government, namely https://aici.gov.ro/home.

In addition, it is important to know that documents sent by e-mail to AJOFM will no longer be accepted.

The transmission of documents through the above-mentioned platform will ensure faster processing, better record keeping and easier access to documents to be filled in.

In addition, applications will be written intelligently to help employers calculate the compensation to be claimed and therefore errors in identifying the company will be limited.

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EXTENSION OF TECHNICAL UNEMPLOYMENT AND OTHER MEASURES INTRODUCED BY THE OUG 70/2020

June 4, 2020Vicentiu Bogdan

Emergency Ordinance No. 70/2020 was published in the Official Gazette of Tuesday (May 14, 2020). It brings many changes, the most important of which concern the tax code and the resolution of technical unemployment, as a measure to help companies affected by the crisis caused by SAR-Cov-2.

The following is a summary of the main provisions contained in OUG 70/2020, in some important categories:

I. Extension of social protection measures

The legislative act concerns several measures caused by the current epidemiological situation in Romania, including:

  • the period for granting the technical unemployment allowance shall be extended until 31st of May 2020;

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THE STATE OF ALERT. WHAT’S NEW FOR COMPANIES?

June 4, 2020Bianca Druc

The decision 24 of 14.05.2020 issued by the National Committee for Emergency Situations, published in M.O. n. 395/15.05.2020, approved the establishment of a state of alert at national level for a period of 30 days, starting from 15.05.2020.

As the state of alert has facilitated some of the measures ordered during the state of emergency and companies can start to resume their activities, the decision focuses on the definition of measures for prevention and control of infections.

The following is a set of measures applicable to companies:

1. Organisation of business activities towards employees and customers:

  • is further encouraged to work at home or in telework, as public and private economic operators are obliged to organize their activities so that work is carried out from workers’ homes.

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NEWS ON THE ACTTIVITY OF THE COMMERCIAL REGISTER

June 3, 2020Reliana Groza

With the end of the state of emergency, we also have some news regarding the activity of the Commercial Register.

Thus, for a period of six months from the date of the end of the emergency, the activity of the Register of Commerce will be done mainly by sending the files online or by correspondence.

At the same time, the program with the public at the institution’s desks began today (May 15), with a 4-hour work program, divided into two hourly intervals, which is:

  • Monday-Thursday 09:00-11:00 and 12:00-14:00
  • Friday 08:0-10:00 and 11:00-13:00
Access to the public is provided with only one person at the counter, with the obligation to respect a distance of 2 meters from the counter and the person with whom you cross.

The public will have access to the premises of the Register of Commerce with a protective mask that covers both the mouth and the nose.

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THE YELLOW EMERGENCY CERTIFICATES MAY ALSO BE REQUIRED FOR THE MONTH OF APRIL

June 3, 2020Renata Constantin

News about emergency certificates were published on M.O. 385 on May the 13th.

According to the new provisions, the economic operators who suffered from the effects of the SAR-Cov2 pandemic in april, can benefit from the certificate of emergency TYPE 2 (yellow) situations following the completion of a self-declaration. The statement must indicate that there is a decrease in revenues of at least 25% in March or April 2020 compared to the average for January and February 2020.

But companies now have another statement available to get the certificate of emergency situations. In fact, the new declaration used only adds the month April 2020 (along with March), as the month in which the decrease in income/income achieved is decreased by more than 25% compared to the average income of January-February 2020.

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New facilities for employers choosing to keep their employees after the technical unemployment

June 3, 2020Liliana Savin

As they did not know how to deal with the technically unemployed employees, employers were clarified on Friday evening, after the publication of Decree 92/2020, which are the facilities they can benefit from.

In this article, we have summarized the main provisions contained in the order 92/2020 published in the Official Journal 459/29 May 2020, on the establishment of active support measures for employees and employers in the context of the epidemiological situation caused by the spread of SAR-Cov-2 coronavirus, as well as for the amendment of certain regulatory acts.

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FACILITIES ON THE PAYMENT OF THE RENT DURING THE STATE OF EMERGENCY

May 23, 2020Bianca Druc

In the Official Gazette n. 245/21.05.2020 has been published the law n. 62/2020 on the concession of structures in rent during the state of emergency. It should be noted that the law grants facilities to both tenants and lockers in order to stimulate negotiations between the parties so that an agreement can be reached for the benefit of both parties.

A law adopted late, we hope, however, will help many companies, including freelancers, for the short term by eliminating the pressure for the fulfilment of certain financial obligations.

According to the decree, tenants can postpone payment of rent on request, without interest and penalty, for the use of registered buildings such as offices, construction sites or houses.

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