CONTENT

I. Support measures for employees and employers in the context of the Epidemiological situation determined by the spread of SARS-CoV-2 Coronavirus and for the growth stimulation of employment foreseen by the E.O. 132/2020;
II. Decriminalization of some offenses provided by Romanian Law no. 50/1991 regarding the authorization of the construction work execution;
III. New regulation regarding the detachment of the employees within the provisions of transnational services, provided for by Romanian Law no. 172/2020.

I.  Emergency Ordinance no. 132/2020 regarding the support measures for employees and employers in the context of the epidemiological situation determined by the spread of the coronavirus, as well as to stimulate the increase of employment;

Emergency Ordinance no. 132/2020 regulates for the first time in national legislation the Kurzarbeit („short-time work”), a model used in Germany in the context of the COVID -19 pandemic, consisting in reducing working time to avoid the need to dismiss affected employees.

Among the adopted measures, there are the following:

  • The Employer’s possibility to reduce the employees working time by at most 50% of the duration provided in the individual employment contract;
  • Compensation of employees affected by the measure of reducing working time;

During the working time reduction, the employees affected by the measure shall receive an allowance of 75% of the difference between the gross basic salary provided for the individual employment contract and the gross basic salary corresponding to the hours actually worked as a result of reduced working time.

  • Settlement of a part of the salary for employees with individual employment contracts for a determined period of up to 3 months

For the employees that conclude individual employment contracts for a determined period of up to 3 months, a part of the salary granted to them is ensured, representing 41,5% of the salary related to the days worked in these jobs, for a working period of 8 hours/day, but not more than 41,5% of the average gross earnins provided by the Romanian Law on the state social insurance budget.

  • Financial support in the context of telework

In order to carry out the telework activity, the employers are granted, once, for each telemarketer a financial support in the amount of 2,500 lei in order to purchase packages of technological goods and services necessary for the telework activity.

 

II. Decriminalization of some offenses provided by Romanian Law no. 50/1991 regarding the authorization of the construction work execution;

 

A series of offenses so far qualified as criminal offenses are exculpated by Romanian Law No 171/2020* amending Law 50/1991 which changes their legal regime to the offenses.

By way of example, we mention among the decriminalized facts: Illegal execution of construction works, reconstruction, modification, extension, repair, modernization and rehabilitation concerning any kind of communication lines, forest roads, works of art, technical and building networks and facilities, hydro-technical works, infrastructure installations, works for new generation, transmission, distribution of electricity and/or thermal power, and the rehabilitation and upgrading of existing capacities.

As of August 15, 2020, they will be considered as contraventions and will be penalized with a fine ranging from 1.000 lei to 100.000 lei.

 

III.  New regulation regarding the detachment of the employees within the provisions of transnational services, provided by Romanian Law no. 172/2020 

The Romanian law no. 172/2020 introduces a series of amendments/completions also regarding the employees detached from the Romanian territory within the provision of transnational services that shall benefit, regardless of the law applicable to the employment relationship, from the working conditions established by legal acts, valid in the member State in which territory the services are provided in respect of :

  • The remunerations due to employees, including the payment of overtime, except for contributions provided by Romanian Law no. 1/2020;
  • Health, safety and hygiene at work;
  • Accommodation of employees, transport and meals when they are sent to temporarily perform work or tasks corresponding to their duties at a job other than their usual place of work in another place;

In particular, employers shall provide employees, in addition to the minimum salary, with the bonuses, allowances and bonuses provided by the legislation of the state in which they have been detached. The rule shall be valid both for the Romanian employers who send employees to the EU and for EU employers who send employees to Romania.

 

TEAM BCHLAW

Bucharest 06/10/2020

 

6.10.2020