Employment Flash No. 8/2022 – Latest news in the labor law field
15.07.2022 – Latest news in the labor law field – June-July 2022
1. Regarding legal provisions in the field of voluntary work
The Law no. 211/12.07.2022 for the amendment of Law no. 78/2014 on the regulation of voluntary work in Romania and for supplementing Law no. 219/2015 on social economy was published in the Official Gazette no. 698 dated July 13, 2022.
From a perspective relevant to employment law, the amendments brought by the new law focus on the regulatory object of Law no. 78/2014 and in modifying the definition of “host organization” taking into account social enterprises and social integration enterprises.
Thus, Law no. 78/2014 regulates, as per the new amendments, the participation of individuals in voluntary work carried out for the benefit of other individuals or of the society, organized by public or private non-profit legal entities, as well as those organized by social enterprises or social integration enterprises.
By host organization is understood the non-profit legal entity under public or private law, or the social enterprise or social insertion enterprise, which organizes and manages voluntary work.
2. Regarding the period for keeping payroll statements
The Law no. 195/04.07.2022 supplementing Article 25 of the Law no. 82/1991 regulating accounting was published in the Official Gazette no. 668 dated July 4, 2022.
The new law establishes an exception to the rule of keeping payroll statements provided for in the Accounting Law.
Thus, according to the new provisions, payroll statements issued by employers will only have to be kept for 5 (five) years, instead of 50 years, as before, if the employer submits, for the income concerned, the information statement on withholding income tax, for each income recipient or the statement on the obligations to pay social contributions, income tax and the nominal record of insured persons.
3. Regarding the activity of the domestic provider
The Government Decision no. 822/23.06.2022 approving the methodological rules for the implementation of the provisions of Law no. 111/2022 regulating the activity of the domestic provider was published in the Official Gazette no. 631 dated June 27, 2022.
The methodological rules thus introduced cover a number of aspects in the field of regulating the activity of the domestic provider, including:
- registration on the electronic platform for the record of domestic activities managed by the National Agency for Employment;
- legal relationships between a beneficiary and one or more domestic providers / between a domestic provider and one or more beneficiaries;
- the template of the domestic activity voucher and various operations relating such vouchers;
- rights and facilities for domestic providers through the electronic platform;
- limits and particularities concerning the granting of domestic activity vouchers by employers.
4. Regarding the maximum value of meal tickets and other aspects regarding value tickets
The law no. 187/22.06.2022 amending and supplementing the Law no. 165/2018 on the granting of value tickets was published in the Official Gazette no. 613 dated June 22, 2022.
One of the main amendments brought by the new law concerns the increase of the maximum nominal value of a meal, which cannot exceed RON 30.
This maximum amount of the meal ticket also applies to the second semester of 2022 and the first two months of the first semester of 2023.
Thus, employers may grant additional meal vouchers in July 2022 with the value corresponding to the difference between the established value (maximum RON 30) and the value accrued in June 2022.
The new legislative instrument also covers aspects such as:
- the occasional granting of gift vouchers from own funds by legally constituted trade union organizations to their members who are not employees of the respective trade union organization;
- the frequency and value of the gift vouchers which may be granted by trade union organizations in accordance with the above shall be determined by their management in accordance with the law;
- the possibility of using holiday vouchers also to cover the expenses of national or thematic school camps organized on Romanian territory, attended by children of the entitled person, in accordance with a procedure to be established by ministerial order.
5. Regarding the template for the necessary affidavit for accessing the state support for Kurzarbeit
Order no. 964/15.06.2022 approving the template of the affidavit referred to in Article 31 para. (3) of GEO no. 132/2020 on support measures for employees and employers in the context of the epidemiological situation caused by the spread of the SARS-CoV-2 coronavirus, as well as to stimulate employment growth was published in the Official Gazette No. 596 of 20.06.2022.
The model affidavit thus officially published will have to be filled in and submitted, alongside other required documentation, in accordance with the requirements of GEO no. 132/2020, by employers wishing to access state support for the implementation of a reduced work schedule (Kurzarbeit), a possibility extended until 31 December 2022.