Employment Flash News No. 7/2017
News concerning the general employee registry
Government Decision (GD) no. 905/2017 regarding the general employee registry was published within the Official Gazette no. 1005/19.XII.2017. This new piece of legislation contains new rules regarding the completion and submission of data from the general employee registry to the territorial labor inspectorates, GD no. 500/2011 being therefore repealed.
Main changes to the previous reglementation refer to the following aspects:
- any amendments regarding gross base monthly salary, indemnities, bonuses, as well as other supplementary payments, as provided within the individual labor agreement or collective bargaining agreement (amendments effected between the date the GD entered into force and the 31st of March 2018) shall be submitted until the 31st of March 2018, the registration term being therefore postponed; afterwards, any amendment regarding the before mentioned aspects shall be submitted to the register within 20 working days from the date of the modification (otherwise bearing the risk of administrative fines ranging from RON 5,000-8,000);
- the period, suspension causes and the end date of suspension of the individual labor agreement (except the suspension based on medical certificates) shall be submitted the day before the suspension begins/ends at the latest, with the exception of unjustified absences, when the submission shall be made within 3 working days from the date of the suspension (otherwise bearing the risk of administrative fines ranging from RON 5,000-8,000);
- uniform registration terms (for legal entities, as well as public institution/authorities), reverting to the sole general employee registry;
- the obligation of private employers to notify in writing the territorial labor inspectorate in 3 working days from the date of the conclusion of the service provision contract (as opposed to the previous reglementation that stated that the notification should be sent before the provider submits the data to the private registry) about its conclusion and the identification data of the provider (otherwise bearing the risk of administrative fines ranging from RON 3,000-6,000);
- the obligation of the employer to provide the requesting employee copies of the documents existing in his/her personnel file, within 15 working days from the request (otherwise bearing the risk of administrative fines ranging from RON 300-1,000);
- the obligation of the employer to provide the employee an excerpt of the register upon termination of the employment relationship (otherwise bearing the risk of administrative fines ranging from RON 300-1,000);
- elimination of the legal provision stating that the alteration or deletion of data from the registry represents administrative offense and can trigger fines ranging from RON 5,000-8,000;
- created, registered, completed and submitted registers according to GD no. 161/2006 regarding general employee registry, subsequently amended and completed, respectively to GD no. 500/2011 regarding the general employee registry, subsequently amended and completed, are kept and archived by the employers, under the conditions set by the law.
The provisions of this decision have been in force since the date of the publication within the Official Gazette, with the exception of the provisions regarding administrative sanctions, that shall enter into force within 10 days of the date of publication.
News concerning medical leave
Government Emergency Ordinance (GEO) no. 99/2017 amending and completing GEO no. 158/2005 regarding health social insurance leaves and indemnities was published within the Official Gazette no. 1005/19.XII.2017. The changes are justified by the necessity to simplify the procedures, of the optional insurance within the health social insurance system, of harmonizing the legal provisions with the new fiscal changes, as well as the necessity to implement the decisions of the Constitutional Court.
Some of the main changes refer to the following aspects:
- modifying the categories of insured persons;
- adapting the normative act to the new contributions provided within the fiscal changes;
- the modification of the contributory period;
- amendments to the notion of occupational doctor by adding ”family doctor or specialist”;
- the possibility to submit medical certificates electronically and to sign them with certified electronic signatures;
- in cases of children with serious illnesses, as defined by the normative act, the insured persons shall be granted the right to indemnity and leave until the ill child reaches the age of 16;
- the possibility to benefit from medical leave for ill child care if they accompany the child for treatment in another EU/EEA Member State/Swiss Confederation/other state, granted to certain categories, under the conditions given by the normative act;
- for the calculation and payment of indemnities, the indemnity payers must verify the elements that are mandatory for the medical leave certificate, to manage the number of medical leave days for each insured person and each illness (non-compliance with this second obligation may trigger administrative fines ranging from RON 2,500 – 5,000) and to reject from payment medical certificates that the doctors completed erroneously.
The provisions of the Emergency Government Ordinance apply from the date of publication within the Official Gazette, with the exception of some provisions, thei application being postponed.