-
L E G A L A L E R T
2 4 N O V E M B E R 2 0 2 0
BIRIȘ GORAN SPARL47 AVIATORILOR BD., RO-011853 BUCHAREST
T +4 021 260 07 10 / F +4 021 260 07 20WWW.BIRISGORAN.RO
NEW MEASURES TO SUPPORT THE EMPLOYEES AND THE EMPLOYERS AS A
RESULT OF THE SPREAD OF THE
SARS-COV-2 CORONAVIRUS
CONTEXT
A number of normative acts were adoptedbetween 17 November and
19 November 2020,which regulate new measures to support
theemployees and the employers in the context ofthe epidemic caused
by the spread of the SARS-CoV-2 coronavirus.
I. On 17 November 2020, the Chamber ofDeputies submitted for
promulgation the draftLaw approving Government EmergencyOrdinance
no. 132/2020 on support measures foremployees and employers in the
context of theepidemic caused by the spread of the SARS-CoV-2
coronavirus, as well as for stimulating theemployment increase,
which is currently sent forpromulgation.
In the absence of an express mention in thedraft Law on the
entry into force, these legalprovisions will be effective within 3
days frompublication of the law in the Official Gazette.
Furthermore, within 30 days from publication ofthe law in the
Official Gazette, GovernmentDecision no. 719/2020 approving the
procedurefor settlement and payment of the amountsgranted under
Government EmergencyOrdinance no. 132/2020, will also be
amendedaccordingly.
SCOPE
II. On 19 November 2020, GovernmentEmergency Ordinance no.
198/2020 (“GEO198/2020”) supplementing GovernmentEmergency
Ordinance no. 147/2020 on grantingdays off to parents for
monitoring their childrenin case of limitation or suspension of
teachingactivities involving the actual presence ofchildren in
educational establishments and earlychildhood educational
establishments, as aresult of the spread of the
SARS-CoV-2coronavirus, was published in the OfficialGazette of
Romania, Part I.
The draft Law submitted for promulgationbrings major amendments
and supplements toGovernment Emergency Ordinance no. 132/2020on
support measures for employees andemployers in the context of the
epidemiccaused by the spread of the SARS-CoV-2coronavirus, as well
as for stimulating theemployment increase (“GEO 132/2020”).
GEO 132/2020 includes, inter alia, the Kurzarbeitmodel, a
solution originating in Germanyrelating to measures for work
flexibility, through....
http://birisgoran.ro/legal-tax-updates/tax-updates/
-
public institutions;
employers in bankruptcy, dissolution,liquidation or with
suspended activities;
employers registered in non-cooperativejurisdictions for tax
purposes.
which the employer may reduce the workingtime of the employees,
and the employeesreceive the salary corresponding to the
workactually performed from the employer, as well asa benefit
representing a percentage of the salarycorresponding to the
unperformed work fromthe state.
The provisions of GEO 132/2020 are notapplicable to:
Furthermore, considering that during the stateof emergency and
the state of alert determinedby the effects of the spread of the
SARS-CoV-2virus, new measures have been adopted in orderto support
parents in monitoring their childrenenrolled in educational
establishments and earlychildhood educational establishments,
GEO198/2020 extended the category of parents whomay apply for days
off in order to monitor theirchildren for the period November – 31
December2020.
The draft Law expressly provides that, duringthe reduction of
the working time, theemployees benefit from both the
salarycorresponding to the hours of work actuallyperformed, as well
as from a Kurzarbeitbenefit granted as follows: 75% of
thedifference between the monthly gross basesalary provided in the
individual employmentagreement and the monthly gross basesalary
corresponding to the hours actuallyworked as a result of the
reduction of theworking time.
Furthermore, the draft Law provides that theabove-mentioned
benefit incurred by theemployer will be settled from
theunemployment insurance budget within nomore than 5 days from
issuance of thedecision by the competent employmentagencies stating
that the employer meets therequirements to decide the reduction of
theworking time.
Another amendment to GEO 132/2020included in this draft Law is
that theinterdiction to employ/subcontract for theprovision of
identical or similar activities asthose carried out by the
employees whoseworking time was reduced is applicable onlyto the
subsidiaries, branches or other mainplaces of business.
Furthermore, the draft Law expresslyprovides that bonuses to the
base salary forthe employer’s management structure willbe granted
after the end of the period whenthe reduction of the working time
is applied,unlike the current regulation which providesthat other
additions to the base salary couldonly be granted at the end of
theimplementation period of the measure.
According to the draft Law, the periods whenthe persons benefit
from the reduction of theworking time and the related
benefitrepresent an assimilated period in theunemployment insurance
system and aretaken into consideration upon determiningthe
contribution period of minimum 12months in the last 24 months
preceding theregistration date of the application forunemployment
benefit.
employees’ general register, no later than theday preceding its
implementation.
Thus, the amendments under the draft Lawclarify the fact that
the manner of calculationshall be related to the monthly gross
basesalary.
MAIN AMENDMENTS AND SUPPLEMENTS
The draft Law submitted for promulgationextends the period for
implementation of thereduced work schedule by 3 months andthus
expressly provides that the employersmay apply the temporary
reduction of theemployees’ working time by up to 50% of thedaily,
weekly or monthly working timeduring the state of
emergency/alert/curfew,as well as for a period of up to 3 months
afterthe termination of the last period when thestate of
emergency/alert/curfew wasdeclared.
According to the draft Law, the employermay unilaterally decide
to reduce theworking time for a period of 5 working daysin one
month, without the need to grant allthese days consecutively, as
required underthe current regulation. An amendment underthis
normative act is the elimination of therequirement to register the
employer’sdecision to reduce the working time in the.......
A. Draft Law amending and supplementingGovernment Emergency
Ordinance no. 132/2020
I. Reduction of the work schedule according tothe Kurzarbeit
model
Page 2
-
The draft Law regulates the procedure forsettlement of the
Kurzarbeit benefit by theemployer. Thus, the employer should
submitan application with the following documents:
The employer should submit the relateddocumentation
electronically or by mail untilthe 25th day of each month for the
paymentof the Kurzarbeit benefit in the previousmonth with the
competent employmentagency. Furthermore, if the employersubmits the
application at a further datethan that mentioned above, the
amountcorresponding to the month for which theapplication is
submitted will be settled in thefollowing month.
The verification of the application forsettlement submitted by
the employer willbe carried out by the competentemployment
agencies, after which they willissue a decision within no more than
5 daysfrom the correct submission of suchdocuments stating if the
legal requirementsare fulfilled by the employer.
It is worth pointing out that this draft Lawextends the scope
for grating the financial ..........
Procedure for settlement of the Kurzarbeitbenefit
1. Copy of the decision regarding thereduction of the working
time, signed by theemployee for acknowledgement;
2. Monthly trial balance for the relatedperiod to prove that the
reduction of theactivity is justified by a decrease of theturnover
in the month preceding theapplication of the measure or, at the
most, inthe month before its previous month, by atleast 10%
compared to the similar month inthe previous year;
3. Agreement concluded by the employerwith the trade union
representatives withinthe unit or, in case there is no trade
union,with the employees’ representatives, whichshould expressly
provide for the percentageof the number of employees for whom
thereduction of the working time was decided;
4. List of the persons who will receive thebenefit;
5. Copy of the employees’ payroll documents,showing the payment
of the benefit.
II. Financial support granted for teleworking
According to the single article, the categoryof parents who may
apply for days off in orderto monitor their children was extended
onlyfor the period November – 31 December2020.
To such end, in addition to the case providedunder GEO 147/2020
relating to thesuspension of the classes due to the conductof an
epidemic inquiry in the educationalestablishments, the days off may
also begranted to parents who meet the followingrequirements, on a
cumulative basis:
their children are toddlers, preschoolers orpupils enrolled in
educationalestablishments and early childhoodeducational
establishments;
the activity in educational establishmentsand early childhood
educationalestablishments was suspended by orderof the Minister of
Labor, being thusdecided to continue the teachingactivities in the
on-line system.
support of RON 2,500 for the purchase ofpackages of technology
goods and servicesrequired for teleworking, and the employerswhose
employees performed telework for atleast 15 working days during the
state of alert,and not only during the state of emergencyas
provided under the current regulation arealso eligible to access
the support.
B. New support measures for employeesaccording to GEO
198/2020
***
Page 3
-
"A solid local Romanianlaw firm operating with
the standards of aninternational firm" -Chambers Europe
AntitrustCorporate and M&A
Energy & Natural ResourcesFinance & Restructuring
InsolvencyData Protection, IP and IT&C
LaborLitigation
Public ProcurementReal Estate
Tax
Anca Zegrean Head of Labour [email protected]
Georgiana Vlădescu Associate
[email protected]
Kira Bujduveanu [email protected]
If you wish to subscribe for free to our newsletter, please send
an email with your request [email protected].
N O T I C E: This Legal Alert is only provided for information
purposes and is not intended to be deemed as a legalopinion;
therefore, no decision can be taken based on this Legal Alert. An
opinion may be provided only afteranalyzing the particular facts
and circumstances, as well as in consideration of the issues which
cannot beapproached in this document. Biriș Goran SPARL has
copyright over this document ©2020. All rights reserved.Any
distribution or reproduction of any part of or of the entire
document is prohibited in any form without theexpress written
consent from Biriș Goran.
Page 4
Isabelle Mihale Associate [email protected]
![^ MTTEBSrei'B, V n^-]KBU](https://img.pdfslide.us/doc/110x75/5e142a3f94eef7519e3499f0/-mttebsreib-v-n-kbu.jpg)
