State of Alert - Legislative Measures in the Field of Labor - Your strategic HR partner - Smartree

State of Alert – Legislative Measures in the Field of Labor

The state of alert, established on May 15 (in the epidemiological context determined by the spread of the SARS-CoV-2 coronavirus), and the new legislative measures in the field of labor have been regulated by Emergency Ordinance No. 70/2020, published in the Official Gazette, Part I No. 394 on May 14, 2020.

The main provisions regarding labor during the state of alert are:

a) The granting of technical unemployment benefits until May 31, 2020, with the possibility of extension after this date only in the sectors where restrictions will remain in place. The provision regarding the exemption of these benefits from enforcement procedures through garnishment is maintained for the duration of their granting, regardless of the budget from which they are supported.

b) The period of the state of emergency and the state of alert in which individual labor contracts are suspended, and employees receive technical unemployment benefits under Emergency Ordinance 30/2020 for which employers do not owe social insurance contributions, constitutes an assimilated period in the unemployment insurance system. For the establishment and calculation of unemployment benefits provided by Law No. 76/2002, the technical unemployment benefit provided by Emergency Ordinance 30/2020 will be used.

c) During the state of alert, the number of days off for child supervision granted under Law No. 19/2020 for the year 2020 is established until the end of the 2019-2020 school year.

ATTENTION: Thus, the provision in Law No. 19/2020 that allowed for days off during school vacations is explicitly derogated.

d) Employers with more than 50 employees are required to establish individualized work schedules, without employee consent, so that there is a one-hour interval between the start and end of work shifts for employees within a three-hour period.

e) Individuals insured for sick leave and health insurance benefits who enter quarantine due to suspected COVID-19 infection benefit from sick leave and quarantine benefits, regardless of where the quarantine is imposed, for a period and based on documents provided by an order of the Minister of Health, depending on the evolution of the epidemiological situation. For these individuals, medical leave certificates are issued by family doctors after the last day of the quarantine period, but no later than 30 calendar days from the end of the quarantine period.

**ATTENTION!** These measures are applicable until September 30, 2020.

f) The validity of documents issued by the General Inspectorate for Immigration remains in effect throughout the state of emergency, as well as for a period of 90 days from the cessation of this state.

To find complete information about legislative updates in the field of labor during the state of alert, download Smart Update May No. 3 2020 and share it with your colleagues.

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