Employment Flash No. 4/2021 – News on the general template documents for technical unemployment support and days off for parents

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07.04.2021 – The Ministerial Order no. 214/22.02.2021 for approving the template documents provided by art. 53¹ para. (12) of the Labor Code was published within the Official Gazette no. 350 dated April 6th, 2021.

These new legal provisions introduce the templates for the documents that have to be submitted by employers in order to obtain the state support for the allowances due to employees, in case of temporary suspension and / or reduction of activity, as a result of the state of siege or emergency decreed by authorities, namely:

  • the specific request signed and dated by the legal representative of the employer;
  • an affidavit given by the legal representative of the employer company;
  • a list of persons that will benefit from the specific allowance (including information such as the base gross salary corresponding to the position held, the date of suspension of the individual employment agreement and the number of suspension days during the state of siege / emergency, the support requested etc.) – the list being assumed by the legal representative of the employer.

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The Law no. 59/06.04.2021 for approving the GEO no. 182/2020 completing GEO no. 147/2020 on granting some days off to parents in order to supervise their children, in case of limitation or suspension of the educational activities that involve effective presence of children in educational units, as a consequence of SARS-CoV-2 spreading was published within the Official Gazette no. 352 dated April 6th, 2021.

Out of the amendments operated by the normative act at hand, we mention the essential ones, as follows:

  • one of the conditions to be met by the employee requesting paid days off is amended to provide that the other parent shall not benefit himself/herself from paid days off or, as case may be, the requesting parent be a single persons, defined as per the Law no. 277/2010 on the allowance for family support;
  • the affidavit that shall be submitted to the employer by the other parent than the employee shall also contain elements proving that the other parent does not benefit from the salary increase granted to employees from the public defense, public order and security systems, employees from prisons or personnel from public health units;
  • the affidavit mentioned above is not necessary in case of single persons, defined as per the special law in this field;
  • further particularities apply in case the requesting employee works in the field of public defense, public order and security systems, for prisons personnel or personnel from public health units and particularly, in case of mono-parental families from these fields of work.

As a further particularity, it is provided that GEO no. 147/2020 apply also in case of suspension of the educational activity involving physical presence of children in educational units, following the joint order of the Labor Minister and Health Minister, issued according to the specific legislation in this field. In such cases, the number of paid days off is established as follows:

  • depending on the period provided by the decision of the County / Municipal Committee for Emergency Situations, in case the limitation or suspension of educational activity involving physical presence is established as such, following the proposal of the management board of the educational unit and based on the incidence rate at local level;
  • depending on the period provided by the decision of the management of the educational unit, following the incidence of COVID-19 cases within the specific unit – in such case, the requesting employee will submit to the employer, among other necessary documents, a copy of the decision issued by the educational unit;
  • for such situations, the paid days off shall be granted only after the application by the employer of the legal provisions in force regarding telework or work from home, if the position held by the requesting employee allows for such methods of work organization.

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