NEWSFLASH - Procedure for short-time work and financial support for telework in force

As previously announced, the Emergency Ordinance 132/2020 implemented not only “Kurzarbeit” (short-time work), but also provided a financial support for employers whose employees performed telework.

In a nutshell,

  • Kurzarbeit implies that the employer reduces the working time and the salary of affected employees, with the state covering 75% of the employee’s salary loss;
  • The employer is entitled to a one-time allowance amounting to RON 2,500 for each employee who performed telework according to Law 81/ 2018 for at least 15 working days during the state of emergency, in order to acquire goods and technological services necessary for the telework.

You can access our previous information on Kurzarbeit here and the one on the telework support here.

For both types of state support, the procedures have been published, meaning that the legal framework is now complete and can be applied.

  1. With regard to short time work:

The Order 1393/2020 providing the documents which have to be filed for the reimbursement of the short time work indemnity has been published and will enter into force on 19.09.2020.

Basically, the employer will have to file a request for the previous month and attach an affidavit regarding the fulfilment of all conditions, a list of affected employees and evidence regarding the payment of taxes and social contributions in order to obtain the indemnity from the state.

If accepted, the payment will be made within 10 days as of (both) the application and the payment of the income tax/ social contributions for the respective month.

  1. With regard to the support for telework:

The Order no. 1376/2020 regulates the method of granting such allowance and the goods which may be acquired with it. The allowance is granted through the agencies for employment (AJOFM) on a first-come-first-serve basis, within the funds allocated for this purpose.

  1. The following new goods and technological services may be acquired:
  • Laptops/ notebooks
  • Tablets
  • Smartphones
  • Peripheral input and output equipment related to the goods mentioned above
  • Equipment necessary for the internet connection of the goods mentioned above
  • Licenses regarding the operating systems and software applications related to the goods, necessary for carrying out the telework, in accordance with Law 81/2018,

The technological services are defined as all means related to the information and communication technology which the employer has to provide to the employees performing telework according to law 81/2018.

  1. Application for the allowance

The employer uploads the following documents on the platform www.aici.gov.ro :

  • Application;
  • Affidavit and
  • List of teleworkers for which the allowance is required.

The templates of the mentioned documents are attached to the Order.

If accepted, the payment shall be made within 10 days as of the submission of the full documentation.

  1. Justifying documents

The Order identifies the documents justifying the acquisition of the goods and services, which have to be provided by the employers as scanned copies within 30 days as of the day on which the allowance is granted.

In case of non-compliance with such obligation the employer will fully reimburse the amount received.

We would be pleased to answer any questions you might have.

Sincerely,
STALFORT Legal. Tax. Audit.


Invitation to Webinar | Short time work in Romania
on 16.09.2020, at 18:00 

“Kurzarbeit” (short-time work) is a means of managing economic crises and preventing unemployment, which has been successfully used in many European countries. On the initiative of the business community (especially of the German one), Romania has now also introduced “Kurzarbeit”.

RA Christian Weident of STALFORT Legal. Tax. Audit. was involved from the outset in the process of creating the new Romanian regulations. On 16.09.2020, the German Business Club North Transylvania (DWNT) organizes together with STALFORT Legal. Tax. Audit. a webinar on "Kurzarbeit in Romania", which Mr Weident will lead in German and Romanian. During the event, we will discuss practical aspects of short-time work and explain pitfalls.

The event will take place at 17:00 Romanian time in German and at 18:00 in Romanian.

Registrations can be made here via the DWNT.

 


Webinar | Focus Romania: the economy, investments and the labor market, with STALFORT Legal. Tax. Audit.

On August 26th, 2020 CT Executive Search, Elite Searchers and STALFORT Legal.Tax.Audit. will be organizing a webinar in German language with the support of AHK Romania, to which we are happy to invite all interested parties.

Topics and speakers

  • “Introduction and overview” - Sebastian Metz, executive board member of the German-Romanian Chamber of Commerce and Industry, Bucharest
  • „Pandemic and employment market “- Sorina Faier, Managing Partner Elite Searchers, Bukarest
  • “Executive Search in Romania” - Christian Tegethoff, Managing Director CT Executive Search
  • “Latest legal developments“ - Raluca Oprișiu, LL.M. Eur. Integration, Partner, STALFORT Legal. Tax. Audit.

The webinar will take place on Wednesday, August 26th, 2020 at

14.00 – 15.30 German / Austrian time, i.e.

15.00 – 16.30 Romanian time.

The event is hosted on Zoom. Please follow the steps below to participate:

  1. Click here
  2. Type the Meeting ID: 844 7823 2087
  3. Enter the password: Romania

After the lectures, there is an opportunity to ask questions and discuss the webinar topics.

Please note that participation requires an advance registration.  -> Please click here to register for free.

We look forward to your participation. We will be happy to answer any questions you may have.


NEWSFLASH - Short-time work is finally regulated! (supplemental)

As announced last week, on 10.08.2020 Romania has joined the circle of European states implementing short-time work during the pandemic. The Emergency Ordinance 132/2020 (the "EO") is the result of an initiative launched as early as at the beginning of March, in which our law firm was actively involved.

Supplemental to the general principles, conditions and limitations applicable to the short-time work legal frame, presented in our previous Newsflash, we have prepared an overview of the new rules with regard to special categories of employees/ employment agreements.

Please find more details here.


NEWSFLASH - Short-time work is finally regulated!

Many states have successfully used short-time work during the pandemic to keep their economies alive and reduce unemployment.

Fortunately, Romania has joined this circle since 10.08.2020. The Emergency Ordinance 132/2020 (the "EO") is the result of an initiative launched as early as at the beginning of March, in which our law firm was actively involved.

Please find more details here.


NEWSFLASH - New Law on quarantine and isolation in force

On July 21., the Law No. 136/ 2020 regarding measures in the public health sector for epidemiological and biological risk cases (the „Law”) entered into force.

The Law sets the legal base for certain temporary restrictions in situations where epidemiological and biological risk exists, especially by means of quarantine and isolation of individuals. Not only does it cover the current crisis caused by the COVID-19 Pandemic, but also generally applies to future epidemics/ pandemics. The legal purpose is to avoid or limit the introduction and spread of contagious diseases in the above mentioned cases.

For more information please find more details here.


NEWSFLASH - Practical changes related to statements on beneficial owners (UBO)

We have reported regularly on the changes and deadlines that have occurred since July 2019 regarding Romania's new anti-money laundering legislation (Money Laundering Act No. 129/2019). Last week brought on July 9, 2020 two practical facilities and clarifications based on the Law no. 108/2020.

For more information please find more details here.


 NEWSFLASH - Significant simplifications in Romanian corporate law

On 2nd of July 2020, the Law no. 102/ 2020 amending the Romanian Company Law (Law No. 31/1990) was published in the Romanian Official Gazette. The law removes a number of bureaucratic obstacles associated with the establishment and operation of Limited Liability Companies in Romania.

For more information please find more details here.


NEWSFLASH - COVID-19. State of alert extended – with some restrictions lifted

On 16.06.2020 the Romanian government decided upon the extension of the state of alert (starea de alertă) until 16.07.2020, however with some further restrictions being lifted. Please find more details here.


NEWSFLASH - Entry in Romania as of June 15th - FOLLOW UP

The state of alert (starea de alerta) ends in Romania on June 16th. The Government expects the state of alert to be extended, but there is no unanimity in the Romanian Parliament, so far.

However, the National Committee for Emergency Situations (CNSSU) has decided that as of June 15th, 2020, the quarantine and self-isolation obligation for asymptomatic incoming travelers from certain countries will be abolished under specific circumstances. "Exempted Countries" are currently Austria, Bulgaria, Czech Republic, Cyprus, Croatia, Switzerland, Germany, Greece, Iceland, Latvia, Liechtenstein, Lithuania, Malta, Norway, Slovakia, Slovenia and Hungary.

Please find more details here.


NEWSFLASH - EMPLOYMENT: Financial Support after the State of Emergency

In the context of the pandemic caused by the COVID-19 virus, STALFORT Legal. Tax. Audit. informs you about current issues on a regular basis.

Our recent articles on COVID-19 (and more) can be found here.

Among others, we had reported that the Romanian state took over the payment of the “technical unemployment” indemnity until 31.05.2020 and, in some cases, beyond. The basic information can be found here.

As in the meantime the state of emergency was transformed into a “state of alert” (please find our report here ), the Romanian economy becomes more and more active.

Therefore, the Government has adopted new rules regarding financial support in the employment sector. The legal base is the emergency Ordinance no. 92/2020 (“the EO”). Please find more details here.


NEWSFLASH - Entry & Exit and Free Movement in Romania during State of Alert.

After two months of State of Emergency, the State of Alert was declared for a period of 30 days starting on May 18 by Government Decision no. 394/2020 (the "GD"). The GD was confirmed by the Parliament on May 20 with some changes.

The following summarizes the conditions and restrictions with regard to the entry and exit as well as the freedom of movement in Romania during the State of Alert and some of the related obligations.

Please find more details hier.