Employment Flash No. 4/2020 – News on the issuance of certificates for emergency situations necessary to access the state support for certain employers, in the context of the current pandemic crisis

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The Order of the Minister of Economy, Energy and the Business Environment no. 791/24.03.2020 on granting certificates for emergency situations to the economic operators whose activity is impacted in the context of the SARS-CoV-2 pandemic was published within the Official Gazette no. 248 dated March 25, 2020.

This piece of legislation provides that the Ministry of Economy, Energy and the Business Environment grants certificates for emergency situations following the request of the economic operators impacted in the current pandemic context. These are defined as “applicants”, in accordance with the legal provisions of the recently adopted Government Emergency Ordinances no. 29/2020 and no.  30/2020, that establish a series of economic, fiscal and social protection measures of state support, applicable in the current context.

The Ministerial Order provides two types of certificates for emergency situations that may be granted:

  • Type 1 (the blue type) – issued for applicants that request it based on a personal statement (affidavit) submitted according to the template annexed to the Ministerial Order, from which results the total or partial interruption of their activity, following the decisions of the competent public authorities during the state of emergency;
  • Type 1 (the yellow type) –  issued for applicants that request it based on a personal statement (affidavit) submitted according to the template annexed to the Ministerial Order, from which results a reduction of revenue with at least 25% in March, 2020, as compared to the average revenue of the period January – February, 2020.

The templates for each type of certificate are annexed to the Ministerial Order.

An applicant may request only one type of certificate, exclusively by submitting an electronic request through the online platform http://prevenire.gov.ro/. The issuing of the certificates will be operated automatically and electronically, after the system has evaluated the application.

In order to obtain the emergency certificate, the applicant shall upload on the online platform the following documents and information:

a) identification data;

b) the personal statement (affidavit) of the legal representative certifying that all the documents on which the request is based correspond to the reality and comply with the law in force (the documents uploaded are mandatorily signed through electronic signature by the legal representative of the economic operator or by the person mandated in this regard).

The template of the personal statement (affidavit) will be posted by the Ministry of Economy, Energy and the Business Environment on the online platform.

The certificates for emergency situations are issued only during the state of emergency and are valid even without signature and stamp and their series and number may be checked on the online platform.

During the inspections and verifications performed by the competent authorities, the documents that grounded the personal statement (affidavit) of the applicants are also verified.

In 5 days from the publication within the Official Gazette of the present Ministerial Order, the Ministry of Economy, Energy and the Business Environment will ensure the adaptation and proper functioning of the online platform http://prevenire.gov.ro/.

Note:  The Ministerial Order at hand entered into force on the date of publication within the Official Gazette.

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