Emergency Ordinance no. 30/2020 regarding certain measures in the field of social protection in the context of the epidemiological situation determined by the spread of the SARS-CoV-2 coronavirus published in the Official Monitor no. 230 of 21st of March 2020

The Romanian Government published a series of emergency measures, having exceptional character, targeting the social field in an attempt to avoid grave damage with long-term effects on employees and beneficiaries. We list below the main measures taken.

Measures regarding free days granted to parents following the closure of schools, approved by Law 19/2020.

• It is specified that free days are granted to one of the parents for supervising children in case of suspension of courses or temporary closure of the educational establishments where they are enrolled, due to adverse weather conditions or other extreme situations so decreed by the competent authorities with responsibilities in the field.
• Changes regarding the notion of "parent" within the meaning of Law No. 19/2020. Thus, within the meaning of this law, the parent means:
  • the natural parent, according to Law no. 287/2009 regarding the Civil Code, republished, as subsequently amended and completed;
  • adopter;
  • the person who has the child / children in custody for adoption;
  • the person who has the child or guardianship;
  • the person designated according to art. 104 par. (2) of Law no. 272/2004 on the protection and promotion of the rights of the child, republished, as subsequently amended and completed;
  • the parent or legal representative of the disabled adult enrolled in a school.
• Mention of the following beneficiaries of Law no. 19/2020:
  • the parent or legal representative of the child with severe non-schooling disability, who opted for the allowance under the conditions of Law no. 448/2006 regarding the protection and promotion of the rights of persons with disabilities, republished, as subsequently amended and completed, only if the activity of the day service is suspended due to adverse weather conditions or other extreme situations so decreed by the competent authorities with attributions in the field.
  • the parent or legal representative who has in care, supervision and maintenance the adult person classified as severely disabled or with severe handicap having a personal assistant for whom the allowance was granted under the conditions of Law no. 448/2006, republished, as subsequently amended and completed, only if they benefit from day services, whose activity was suspended due to adverse weather conditions or other extreme situations decreed by the competent authorities with responsibilities in the field.
• Ordinance no. 30/2020 also specifies the situations in which Law no. 19/2020, DOES NOT APPLY, as follows:
  • if the requesting persons fall under one or more of the following situations:
    • during the leave period provided in art. 2 par. (1) or art. 11 par. (2) or art. 31 par. (1) of the Government Emergency Ordinance no. 111/2010 regarding leave and monthly allowance for raising children, approved with modifications by Law no. 132/2011, as subsequently amended and completed;
    • they are the personal assistants of one of the dependent children;
    • unpaid vacation.
  • when the person's or spouse's employment relationships are suspended due to temporary interruption of the employer's activity, according to the provisions of art. 52 paragraph (1) lit. c) of Law no. 53/2003 - Labor Code, republished, as subsequently amended and completed.
  • when the other parent does not have income from wages and assimilated to wages, income from independent activities, income from intellectual property rights, income from agricultural activities, forestry and fish farming, subject to income tax according to the provisions of Law no. 227/2015 regarding the Fiscal Code, as subsequently amended and completed.

Note: The personnel mentioned under art. 32 par. (1) of annex no. 1 of Decree no. 195/2020 regarding the establishment of the state of emergency in the territory of Romania has the right to an increase granted in addition to the due salary rights, under the conditions provided by the law, in case the other parent does not benefit from free days granted by Law no. 19/2020.

• The request for free days will be accompanied by an affidavit on the other parent's own responsibility, stating that he/she did not request free days that he/her would be entitled to according to the present law and is not in one from the situations provided in art. 1 par. (33) of Law no. 19/2020, as well as a copy of the birth certificate (s) of the child (ren).

Note: This affidavit is not required in case of single-parent families, as defined by Law no. 277/2010 regarding the family support allowance, republished, as subsequently amended and completed.

• Granting days off for employees from units of the national energy system, operating units from the nuclear sectors, continuous fire units, social assistance, telecommunications, radio and public television units, railways, units that ensures the public transport and sanitation of the localities, as well as the supply for the population of gas, electricity, heat and water, food trade, production and distribution of medicines and sanitary equipment, fuel distribution, personnel of the pharmaceutical units are realized only with the agreement of the employer and only after the options provided by the legal regulations in force for carrying out the activity and with the obligation to ensure the continuity of the activity, respectively through individualized work programs, work in shifts, work at home and tele-work are exhausted.
• Amendments regarding the allowance granted for free days:
  • the indemnity is subject to taxation and payment of social insurance contributions under the conditions provided by Law no. 227/2015 regarding the Fiscal Code, as subsequently amended and completed
  • employers can only request the settlement of the net amounts of the allowance actually received by the parent
  • taxes and social insurance contributions related to the indemnity shall be borne out of the chapter related to personnel expenses from the income and expenses budget of the employer, under the conditions provided by Law no. 227/2015, as subsequently amended and completed
  • until the end of the fiscal year, the amounts settled according to par. (1) will be returned to the Guarantee Fund from the state budget, as the case may be, according to a procedure established by Government decision

Measures regarding technical unemployment

• During the state of emergency, for the period of temporary suspension of the individual employment contract initiated by the employer as a result of the effects produced by the SARS-CoV-2 coronavirus, the benefits received by the employee are set at 75% of the basic salary corresponding to the specific workplace and borne from the unemployment insurance budget, capped at 75% of the gross average wage stipulated by the Law of the state social insurance budget.
• In order to benefit from this allowance, employees must meet one of the following conditions:
  • discontinue the activity in whole or in part based on the decisions issued by the competent public authorities according to the law, during the period of emergency state decreed, and HOLD THE CERTIFICATE FOR EMERGENCY SITUATIONS issued by the Ministry of Economy, Energy and Business Environment. The Ministry of Economy, Energy and Business Environment issues the certificate for emergency situations according to the methodology approved by a separate Order.
  • have reduced activity due to the effects of the COVID-19 epidemic and the employer does not have the financial capacity to pay all the salaries of their employees.

! It should be noted that employers can benefit from the payment of the allowance for up to 75% of the employees who have active individual labor contracts at the date of entry into force of this emergency ordinance, for the remaining 25% the employer will have to bear the full costs.

• The payment of the allowance will be made based on an AFFIDAVIT stating that the employer registers a decrease of cash-in during the month previous to filing the said affidavit of at least 25% compared to the average of revenues from January - February 2020, and that it does not have the financial capacity to pay all employees.
• The model of the affidavit is established by common order of the Minister of Labor and Social Protection and of the Minister of European Funds.
• The indemnity is subject to taxation and payment of mandatory social contributions, according to the provisions regarding the Fiscal Code.
• For the indemnity, the calculation, withholding and payment of the income tax, the state social insurance contribution and the social health insurance contribution are made by the employer from the benefits received out of the unemployment insurance budget.
• No work insurance contribution is due for the indemnity
• In order to be granted the necessary amounts for the payment of the compensation, the employers submit, by electronic mail, to the county agencies for employment, as well as to the municipality of Bucharest, with which they have their registered office, A REQUEST DATED AND SIGNED BY THE LEGAL REPRESENTATIVE, accompanied by the list of persons who will benefit from this allowance, assumed by the legal representative of the employer.
• The payment of the amount is made based on the application signed and dated by the legal representative, submitted by electronic mail, to the county agencies for employment, as well as to the municipality of Bucharest, with which they have their registered office.
• The documents for the payment of the previous month's allowance are submitted in the current month.
• Payment from the insurance budget for unemployment benefits is made within 30 days from the submission of the documents.
• Other professionals, as regulated by the Civil Code, who do not have the capacity of employers and interrupt the activity totally or partially based on the decisions issued by the competent public authorities according to the law, during the state of emergency benefit out of the consolidated general budget of an allowance equal to the minimum gross salary, as established for 2020.
• During the state of emergency, for the period of temporary suspension of the sports activity contract, initiated by the relevant sports structure, as a result of the effects produced by the SARS-CoV-2 coronavirus, a compensation of 75% of the cash rights related to the sports activity consideration is received, capped at 75% of the gross average wage earning provided by the Law of the state social insurance budget. The indemnity is borne by the consolidated general budget and is subject to taxation and payment of contributions under the conditions provided by the Fiscal Code.

Government Emergency Ordinance no. 158/2005 regarding the holidays and the social health insurance allowances, was also amended in respect of MEDICAL LEAVE.

• The insured persons have the right to leave and compensation for temporary incapacity for work, without fulfilling the condition of insurance period, in case of medical-surgical emergencies, tuberculosis, infectious diseases in group A, neoplasms and AIDS. The list comprising the medical-surgical emergencies, as well as the infectious diseases in group A is established by Government decision.
• In order to prevent illnesses, the insured persons have the right to leave and allowance for quarantine, without fulfilling the condition regarding the insurance period.
• By way of derogation, the medical leave certificates, which cover the 91st day or exceed 183 days, granted during the state of emergency can be issued and settled without the opinion of the expert social insurance doctor.