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Legal & Tax Alerts

New rules for controlling undeclared work and granting benefits

The Romanian Government brings new amendments to employment legislation[1] through a normative act recently published within the Official Gazette, aiming to reconfigure the relationship applicable between daily workers and the beneficiaries of their performed work, respectively to increase birth rates, through granting new benefits to female employees subject to ”in vitro” fertilization procedure.

Activity performed by daily workers
The range of fields where work under such a regime may be performed was extended. To this aim, several fields of activity were added to the list, among which the following may be identified:

  • Organization of exhibitions, fairs and conferences – group 823;
  • Advertising – group 731;
  • Catering for events – division 5621;
  • Restaurants – class 5610;
  • Bars and other beverage serving activities – class 5630.

According to the new provisions, daily workers performing an activity in the field of agriculture may perform the activity for the same beneficiary for a period of up to 180 days cumulated throughout a calendar year, the maximum duration being therefore extended for this category of daily workers[2].

The Electronic register for the record of daily workers shall be established as of December 20, 2019. The beneficiaries will submit the data on a daily basis, prior to the commencement of activity by every person.

The beneficiary will not pay the work insurance contribution with respect to the remuneration paid to daily workers and the daily worker shall be insured within the public pension system by effect of the law, as pension contributions will be owed for these incomes[3], in accordance to the provisions of the Fiscal Code[4].

New benefits aiming to increase birth rates
Female employees subject to ”in vitro” fertilization procedures will benefit from a paid supplementary annual leave of three days, on the basis of a request submitted in this respect and a medical letter issued by the specialized doctor.

Should you require any further information, please do not hesitate to contact us.

You can read and download this legal alert in PDF format right here.

[1] Government Emergency Ordinance No. 26/2019 for the amendment and completion of certain normative acts, published within the Official Gazette, Part I, No. 309 dated April 19, 2019.

[2] As compared to 90 calendar days, in accordance to the provisions applicable prior to this amendment.

[3] Amendment applicable starting with incomes gained in May 2019.

[4] Law No. 227/2015 regarding the Fiscal Code, published within the Official Gazette, Part I, No. 688 dated September 10, 2015, as further amended and completed.

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