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October 26, 2020
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Gruia Dufaut Law Office: Measures targeting the economic and the labour and social protection sectors in the context of COVID-19 crisis

In the context of the publication in the Official Gazette of the Decree no. 195/2020 of the President of Romania whereby Emergency State was declared in Romania for 30-day term, Gruia Dufaut Law Office presents the measures targeting the economic and the labour and social protection sectors, which are likely to result in legislative and regulatory changes.

 

Measures in the economic sector

 

The Government may adopt measures to support companies operating in economic sectors affected by COVID-19.

Central public authorities may decide the requisition of production units of materials and equipment necessary to combat the epidemics.

Central public authorities, as well as legal entities in which the State is majority shareholder, may directly purchase materials and equipment necessary to combat the epidemics.

Recipients of European Funds affected by the entry into force of the emergency measures therein may decide together with the relevant authorities to suspend the related financing contracts concluded.

The Ministry of Economy, Energy and Business Environment will issue, upon request, certificates to attest the emergency for companies where the activity was affected in the context of COVID-19, based on supporting documents.

Measures will be taken to ensure the continuity of supply, respectively extraction, production, processing, transport, distribution, supply, maintenance and repair of raw and or/semi-processed resources necessary for the operation of the national energy system, as well as to ensure the continuity of its operations, and of all other public utility services.

The validity of documents issued by public authorities that will expire during the period of the state of emergency will be maintained.

During the state of emergency, the price of medication and medical equipment, food of basic necessity and public utility services (electricity and thermal energy, gas and water supply, waste collection, fuels, etc.) can be capped to the average price applicable in the last 3 months before the state of emergency.

 

Measures in the labour and social protection sector

 

The Government may support employers and employees affected by the epidemic of COVID-19 through derogation from laws.

By order of the Ministry of Labor and Social Protection social protection measures are established for the employees and their families from economic sectors in which the activity has been affected or stopped partially or totally because of decisions of public authorities taken during the period of state of emergency.

Central public authorities, as well as legal entities in which the State is majority shareholder will implement, where possible, work from home or teleworking systems during the state of emergency, by issuing unilateral decisions.

During the state of emergency audits performed by the Labor Inspectorate will be suspended, with the exception of audits related to the application of measures taken by the National Committee for Special Emergency Situations, audits related to potential actions posing social danger or audits related to work accidents.

The validity of collective employment contracts and agreements is maintained during the state of emergency;

During the state of emergency is not allowed the declaration, start or conducting of collective work conflicts in the national energy system, sanitation and social security units, the telecommunications sector, the public radio and television units, the rail transportation system, the public transport and sanitation of cities, as well as the public utilities sector.

By exemption of the provisions of the Emergency Ordinance no. 111/2010 regarding the vacation and monthly indemnity for childcare, the eligible person maintains his/her benefits in case of losing the workplace as a result of COVID-19 epidemics.

 

The application for the benefit and social services can be submitted inclusively electronic means

 

Moreover, the legal prescriptions and deadlines will not start, or if they are already in effect, will be suspended during the Emergency state.

 

Telework or remote work …?

 

Telework or remote work, which may also include working from home, is one of the main options for companies when it comes to the measures to be taken for stopping the spread of the coronavirus (COVID-19) and at the same time keep on working in the context of the pandemic and declaration of the Emergency state in Romania.  Here are some legal elements … (…)

 

Legislative and Regulatory Measures

 

Military Ordinance nr. 1/2020 of the Ministry of Internal Affairs regarding certain first aid measures concerning agglomeration of persons and the cross-border movement of certain goods

 

The service and consumption activity in restaurants, hotels, cafes and public places is suspended as of March 18. However, they may continue to pursue their activity for home delivery or by other means, which do not involve customers gathering inside premises (drive-in, room-service, etc.);

The measure also targets fitness clubs, beauty salons, units of worship, showrooms and cinemas. It is forbidden to organize and conduct any event involving more than 100 people in open spaces. The organizers of the events organized and held in open spaces, which involve the participation of a maximum of 100 persons, are obliged to undertake measures that ensure a distance of at least 1 meter between the participants;

Drivers of freight vehicles with a maximum authorized capacity of more than 3.5t have the obligation to be equipped at the border crossing point and to wear individual means of protection, such as disinfectant, gloves, face masks and produce documents attesting the route of travel to the destination. Drivers who arrive from “red zones” or “yellow zones” or having transited such areas are not subjected to quarantine or isolation measures, if they do not show symptoms associated with SARS-CoV-2 coronavirus infection at the border crossing point;

The assemblies and subassemblies of medical equipment manufactured in Romania for beneficiaries outside the national territory are not subject to export restrictions;

All flights by airline operators to Spain and from Spain to Romania are suspended for all airports in Romania for 14-day period. The measure is effective as of March 18, 2020. The measure of suspension of flights by air operators to Italy and from Italy to Romania is extended for 14-day period, starting with March 23, 2020.

Failure to comply with the measures results in contravention or criminal liability, according to art. 27 of GEO 1/1999.

 

GRUIA DUFAUT LAW OFFICE

Attorneys at law (Paris & Bucharest)

www.gruiadufaut.com

 

 

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