Legal & Tax Alerts

New amendments in legislation on employment relationships

Measures to prevent and control the effects of the Covid-19 pandemic[1]
Application of the national minimum gross base salary guaranteed in payment for a maximum period of 24 months[2]

The main amendments are:

In case of non-compliance by the institutions or economic operators with the conditions regarding the limitation or suspension of the activity for a determined period, in relation to the activity of such institutions or economic operators, in the event of repeated failure at the same main or secondary headquarters, within 15 days from the finding of a previous contravention, in addition to a fine from RON 1,000 to RON 5,000, the complementary sanction of temporary closure, for a period of 15 days, of the main or secondary headquarters in which the economic operator performs the activity without observing the conditions regarding the limitation or suspension of the activity for a determined period, is also ordered.

In case of non-compliance by the institutions or economic operators with the conditions regarding the limitation or suspension of the activity for a determined period, in relation to the temporary suspension of the activity of such institutions or economic operators, in addition to a fine from RON 2,000 to RON 10,000, the complementary sanction of temporary closure, for a period of 30 days, of the main or secondary headquarters in which the economic operator performs the temporarily suspended activity through the measures regarding the limitation or suspension of the activity for a determined period, is also ordered.

By way of derogation from the ordinary law[3], the complaint against the minutes establishing the infringement and imposing the sanction shall not suspend the execution of the complementary sanctions of temporary closure, as provided above.

The application of the national minimum gross base salary guaranteed in payment [4] to an employee has been limited to a maximum period of 24 months from the conclusion of the individual labour agreement. Thereafter, the employee will be granted a basic salary higher than the national minimum gross base salary guaranteed in payment, regardless if the employee has been qualified or not during the 24 months period mentioned above.

The provisions mentioned above are also applicable to an employee who is employed for more than 24 months and is granted the national minimum gross base salary guaranteed in payment.

 

[1] Law no. 295/2021 for amending and supplementing Law no. 55/2020 on certain measures to prevent and combat the effects of the COVID-19 pandemic, published in Official Gazette, Part I no. 1183 of 14 December 2021, in force starting with 24 December 2021.

[2] Emergency Ordinance no. 130/2021 on some fiscal-budgetary measures, extension of some deadlines, as well as for the amendment and completion of some normative acts, published in Official Gazette, Part I no. 1202 of 18 December 2021, in force starting with 18 December 2021.

[3] Article 32 paragraph (3) of Government Ordinance no. 2/2001 on the legal regime of contraventions.

[4] The national minimum gross base salary guaranteed in payment will be of lei 2,550/month, starting with 1st January 2022, as provided by Decision no. 1071/2021 for establishing the national minimum gross base salary guaranteed in payment, published in the Official Gazette, Part I no. 950 of 5 October 2021.

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