Law no. 282/2020 for the approval 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 on stimulating employment growth

The Romanian Parliament adopted the law approving the ordinance on support measures adopted in the context of the epidemiological situation caused by the spread of the SARS-CoV-2 coronavirus

Amendments regarding the reduction of working time:

• as an exception from the provisions according to which for full-time employees the normal working time is 8 hours per day and 40 hours per week, in case of temporary reduction of working time, determined by the establishment of the state of emergency / alert / siege, under the law, during the state of emergency / alert / siege, as well as for a period of up to 3 months from the date of cessation of the last period in which the state of emergency / alert / siege was established, the employers have the possibility to reduce the working time of employees by up to 50% of the daily, weekly or monthly duration provided in the individual employment contract, with information and consultation of the union, employee representatives or employees, as appropriate, prior to communication of the employee's decision;

Note: by the approval law, the Parliament returned to the percentage of maximum 50% initially provided by the O.U.G. no. 132/2020, although by O.U.G. no. 211/2020, the Government had introduced the possibility to reduce the working time of employees up to 80% of the monthly duration calculated by reference to the duration provided in the individual employment contract.

• the reduction of working time under 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 entire month. The reduction of working time also applies in the case of the shift work schedule, as well as in the case of the unequal work schedule;

Note: by the approval law the Parliament reintroduced the possibility of applying the reduction of working time also in the case of the shift work program, as well as in the case of the unequal work program, although the Government through O.U.G. no. 211/2020 had not maintained this possibility.

• the employer's decision regarding the reduction of working time, the work schedule, the way of distributing it by days and the related salary rights are communicated to the employee at least 5 days before the effective application of the measure;

Note: the approval law no longer refers to the transmission of the decision in the general register of employees no later than the day before its production, but must be made according to the general rules regarding this register.

• during the reduction of working time under the conditions mentioned above, the employees affected by the measure benefit from an allowance of 75% of the difference between the gross monthly basic salary provided in the individual employment contract and the gross monthly basic salary for the hours actually worked as a result of the reduction of working time, in addition to the due salary rights, calculated at the actual working time;

• the allowance mentioned above is supported by the employer, from the chapter related to personnel expenses from its income and expenditure budget, and is paid on the date of payment of the salary for that month, to be settled within 5 days from the issuance of the decision by the competent AJOFM, from the unemployment insurance budget after the fulfillment by the employer of the declarative and payment obligations related to the incomes from salaries and assimilated to the salaries from the period for which the request is made in accordance with the provisions of Law no. 227/2015 on the Fiscal Code, with subsequent amendments and completions. The procedure for settling the amounts is established by a decision of the Government;

• during the period of applicability of the measure are prohibited the hiring of staff to perform activities identical or similar to those provided by employees whose working time has been reduced, as well as the subcontracting of activities carried out by employees whose working time has been reduced;

Note: the approval law clarified this prohibition, specifying that it relates to the level of subsidiary, branch or other secondary offices defined by the Companies Law no. 31/1990, republished, with subsequent amendments and completions.

Amendments regarding the settlement of the allowance granted in case of reduced working time:

• the employer may order the measure of reducing the working time in compliance with the provisions regarding working time and rest time;

• the approval law provided the list of necessary documents that the employer must submit in order to settle the requested amounts. Thus, the application must be accompanied by the following documents:

• copy of the decision on the reduction of working time, signed by the employee that he took note of;

• monthly checking balance;

• an agreement concluded with the representatives of the union within the unit or, in the absence of a union, with the representatives of the employees, regarding the percentage of the number of employees for whom the reduction of working time was ordered;

• the list of persons to benefit from the allowance;

• copy of the salary payment documents, highlighting the payment of the allowance.

Note: the list of documentation mentions the agreement concluded with the union representatives or with the employees 'representatives, although, according to the provisions of the approval law, employers have the possibility to reduce working hours only by informing and consulting the union, employees' representatives or employees. without specifying their agreement.

• the settlement request and the documents are submitted by the employer, in electronic or letter format, until the 25th of each month for the payment of the allowance from the previous month, to the competent AJOFM;

Note: if the application is submitted by the employer at a later date than the one mentioned above, the amount corresponding to the month for which the application is made will be settled in the following month.

Amendments to acorded grants for telework:

• the amount of 2,500 lei is granted, in the order of submitting applications, until December 31, 2020, from the unemployment insurance budget, through ANOFM, within the funds allocated for this purpose, to employers, for employees who worked in telework during the state emergency or alert status for at least 15 working days;

Note: the aid for carrying out the telework activity will be granted also for the employees who worked in telework regime during the alert state, not only for those who worked in this way during the emergency state.