Electronic invoices mandatory from 2024: Romania expands RO e-Factura system
Beginning 01.01.2024, Romania will introduce mandatory electronic invoicing in the B2B sector. The national system "RO e-Factura" must be used for all transactions with the place of supply in Romania. All companies active in Romania must prepare for this.
Extensive new obligations for employers to combat harassment at the workplace
On 17.10.2023, Government Decision no. 970/2023 (in short: "GD") on the Methodology for Preventing and Combating Gender-based and Moral Harassment at the Workplace (in short: "Methodology") was published in the Official Gazette of Romania. All employers in Romania must implement it by 16.04.2024.
NEWSFLASH - Extensive new obligations for employers
NEWSFLASH Employers must introduce new measures against harassment at work On October 17th, 2023, the Methodology for Preventing and Combating Gender and Moral Harassment at the Workplace was published. All Romanian employers must implement it by 16. April 2024. The methodology contains a sample guide on preventing and combating harassment at work, as well as a series of obligations for the employer, which must be fulfilled in a short term. Key obligations for every employer: Creating its own guidelines for preventing and combating harassment at work, adapted to the specific situation of the employer; Introduction of an internal procedure for promotion, including for decision-making positions, which ensures equal opportunities and equal treatment; Annual training of employees on the provisions of the Methodology; Inclusion of the provisions of Emergency Ordinance No. 137/2000 on the prevention and sanctioning of all forms of discrimination and Law no. 202/2002 on equal opportunities and equal treatment of women and men in the internal regulations; and others. Sanctions Employer’s failure to prevent and combat harassment at work may trigger substantial fines ranging between 30,000 RON (EUR 6,000) and 200,000 RON (i.e. approx. EUR 40,000). Further details on this topic are available in our current publication under the following link: here. In case of questions, do not hesitate to contact us. Kind regards, THE STALFORT Legal. Tax. Audit. – Team
Banking transactions increasingly difficult due to bureaucratic hurdles
Foreign investors are often surprised by the inflexible and bureaucratic attitude of Romanian banks. They require their (prospective) customers to submit a number of forms and information on the beneficial owners (beneficiarii reali) both when opening an account and at regular intervals thereafter. If these are not submitted or not submitted in the required form, the account opening is quickly refused or even blocked - even if the customer has been working with the bank or credit institutions of the same group abroad for many years.
German-Romanian Business Conference in Berlin with STALFORT Legal. Tax. Audit. speaker at 28-29 September
German-Romanian Business Conference in Berlin with STALFORT Legal. Tax. Audit. speaker at 28-29 September STALFORT Legal. Tax. Audit. is pleased to announce our active participation in a premium German- Romanian Business Conference on 28 and 29.September in Berlin. Romania’s potential in the region is a well-known fact, which is currently boosted by the new geopolitical context. This business conference for the promotion of Romania as solid investment location aims to address the opportunities and cooperation areas that Romania has to offer, to strengthen economic and political partnerships and to increase German activities in Romania and the Republic of Moldova. During the first conference day, Romania will be looked at through the lens of its industrial capacity, including the innovation and digitization sector. Investors searching for new opportunities are attracted by the accelerated nearshoring trend, by the constantly improving infrastructure – transportation as well as digital -, backed up by the NATO and EU memberships. In this context, Christian Weident will lead a panel discussion on nearshoring and R&D in Romania. The second day will bring to the fore Romania’s competitiveness in terms of sustainable energy, energy production and food supply. Considering that both Romania and Moldova are major players in the agricultural sector, with high potential in the “Farm to Fork” segment, and that both hold an expanding portfolio of new energy projects, these areas allow for new cooperation and possibilities. This event offers a great platform for dialogue between the business environment and high-ranking Government representatives, while strengthening bilateral relations and creating new partnership opportunities. Around 300 guests from Germany, Romania and Moldova are expected, representing the business community as well as central and local public authorities. We would be delighted to meet you at the conference in Berlin. Please use this link to register. More details about the German-Romanian Business Conference are available here.
Supreme Court of Justice decides on grounds for contesting a tax administrative act
The Romanian Law No. 554/2004 on Administrative Procedure (hereinafter referred to as the Administrative Procedure Law APL) regulates the appeal against administrative acts, decisions and resolutions issued by Romanian authorities, including the Central Tax Administration ANAF.
Changes regarding the use of rental vehicles in road transport of goods
On 25th May, 2023 the Law No. 124/ 2023, which amends and supplements the regulations concerning road transport of goods, entered into force.
Relevant practical aspects of setting up superficies rights for wind farms
The construction of a wind farm in Romania first requires the securing of the land necessary for this purpose. While the classic approach in this respect is to buy the land in question, in the case of wind farms many investors prefer to secure the land by setting up so-called superficies rights (drepturi de superficie). The superficies right enables its beneficiary to erect his own construction on another person's land. This actually leads to the separation of the ownership of the land from that of the construction. There are important practical aspects and challenges to be considered when drafting superficies agreements.
Protection of whistleblowers in Romania: finally implemented correctly
Even before countries like Germany, where the whistleblower law failed in the federal council (Bundesrat) in February 2023, Romania managed to implement the EU Whistleblowing Directive.
The new collective labor law: renewed need for change due to procedural aspects
On 25.12.2022, the new Law No. 367/ 2022 on Social Dialogue (Social Dialogue Law, "SDL" for short) entered into force. This law has changed Romania's collective labor law. Despite a long legislative process, several problems were identified shortly after the SDG came into force. The following article is a description of the procedural problems that arose due to the lack of coordination with the Labor Code and their solution, which already required law draft amendments.