Emergency Ordinance no. 211/2020 on the extension of the application of social protection measures adopted in the context of the spread of the SARS-CoV-2 coronavirus, as well as for the modification of the Government Emergency Ordinance no. 132/2020 on support measures for employees and employers in the context of the epidemiological situation caused by the spread of the SARS-CoV-2 coronavirus, as well as for stimulating employment growth

The Romanian Government has published a new series of urgent, exceptional measures in the social field. We list below the main measures adopted.

Amendments regarding the grant period of the allowances for the period of cessation of activity, as a result of the effects of the SARS-CoV-2 coronavirus

• the allowances that the employees benefit from for the period of temporary suspension of the individual employment contract, at the initiative of the employer, according to art. 52 para. (1) lit. c) of Law no. 53/2003 - Labor Code, republished, with subsequent amendments and completions, as a result of the effects produced by the SARS-CoV-2 coronavirus (set at 75% of the basic salary corresponding to the job occupied but not more than 75% of the average gross salary provided by the Law on the state social insurance budget for 2020 no. 6/2020, supported from the unemployment insurance budget), provided by art. XI of the Government Emergency Ordinance no. 30/2020, approved with amendments and completions by Law no. 59/2020, with subsequent completions, are granted until June 30, 2021, for all fields of activity presented by Law no. 55/2020 on some measures to prevent and combat the effects of the COVID-19 pandemic, as subsequently amended and supplemented;

• other professionals (according to art. 3 paragraph (2) of Law no. 287/2009 on the Civil Code, republished, with subsequent amendments, all those who operate an enterprise are considered professionals), as well as the individuals who have concluded individual employment agreements based on Law no. 1/2005 on the organization and functioning of the cooperation, republished, with subsequent amendments, which interrupt the activity due to the effects of the SARS-CoV-2 coronavirus, benefit, from the state budget, based on the declaration on its own responsibility, a monthly allowance of 75% from the average gross salary provided by the Law on the state social insurance budget for 2020 no. 6/2020 until June 30, 2021 until June 30, 2021, for all fields of activity presented by Law no. 55/2020 on some measures to prevent and combat the effects of the COVID-19 pandemic, as subsequently amended and supplemented;

• the provisions of the normative acts that include norms regarding the application of the provisions of the Government Emergency Ordinance no. 30/2020, approved with amendments and completions by Law no. 59/2020, with subsequent completions, will continue to apply, for the entire period mentioned above;

• the measure regarding the granting of the indemnity provided in art. XI of the Government Emergency Ordinance no. 30/2020, is applied for the entire period in which the activity is suspended, but not later than June 30, 2021.
  

Amendments regarding the reduction of working time:

• by derogation from the provisions according to which labor relations are based on the principle of consensuality and good faith and from the provisions according to which for full-time employees the normal duration of working time is 8 hours per day and 40 hours per week, in case of temporary reductions of the activity determined by the institutions of state of emergency / alert / siege, in legal conditions, employers have the possibility of the reduction of working time for employees by maximum 80% of the monthly duration calculated by reference to the working time mentioned in the individual employment contract, with the informing and the consultation of the trade union, of the employees' representatives or the employees, as the case may be, prior to the communication of the employee's decision;

• the reduction of the working time in the conditions mentioned above is established by the employer's decision, for a period of at least 5 working days, monthly, the employer having the obligation to establish the work schedule for the whole month; the provisions on the application of the reduction of working time in the case of shift work as well as in the case of unequal work schedule have been removed;

• during the period of applicability of the measure of reducing working time, it is forbidden to hire staff to perform activities identical or similar to those provided by employees whose working time has been reduced, as well as subcontracting activities carried out by employees whose working time work has been reduced. The prohibition refers strictly to the jobs in which the employees actually carry out their activity, located in the perimeter provided by the employer, at the level of which the measure of reducing the working time is applied.

Amendments regarding the allowance granted during the reduction of working time:

• the allowance granted during the reduction of working time (of 75% of the difference between the gross basic salary provided in the individual employment contract and the gross basic salary related to the hours actually worked as a result of the reduction of working time, in addition to the due salary rights, calculated at the actual time worked) will NOT be cumulated for the same employee, if the grant periods overlap, with:
  
  
• the deduction of part of the salary if the individual employment contract is concluded for a determinate period up to 3 months;

• the deduction of part of the salary for the case where the employee has benefitted from a technical unemployment compensation covered from the unemployment insurance budget;

• the amounts granted for fulltime indeterminate period employment of certain categories of persons, according to GEO no. 92/2020;

• with the measures for stimulating employers financed from the unemployment insurance budget provided by Law no. 76/2002, as further amended and supplemented.