Social protection measures 2021

In the Official Gazette number 1326 of December 31, 2020, was published the EMERGENCY ORDINANCE (OUG) no. 220 of December 30, 2020, on the application of social protection measures after January 1, 2021, in the context of the spread of SARS-CoV-2 coronavirus, as well as for the modification of some normative acts.

Employers who, between January 1 and September 1, 2021, employ, for an indefinite period, full-time, persons over 50 years of age whose employment relationships have ceased for reasons not attributable to them, during the state of emergency or alert, persons aged between 16 and 29 registered as unemployed in the records of the county employment agencies, respectively of the Bucharest municipality, as well as Romanian citizens, included in the same age categories, whose relations ceased in 2020 with foreign employers from the territory of other states, for reasons not imputable to them, by dismissal, receive monthly, for a period of 12 months, for each person employed in this category, 50% of the employee’s salary, but not more than 2,500 lei.

Employers have the obligation to maintain employment relations for a period of at least 12 months from the fulfillment of the 12-month term provided at par. (1).

The amounts provided in paragraph (1) are granted for the payment of the salary proportional to the actual time worked by the employee and are not cumulated, for the same employee, with the subsidies granted to employers who have concluded with the county employment agencies, respectively the municipality Bucharest contracts or conventions pursuant to art. 80, 85, and 934 of Law no. 76/2002 regarding the unemployment insurance system and employment stimulation, with the subsequent modifications and completions.

The amounts provided in paragraph (1) shall be reimbursed from the unemployment insurance budget, at the request of employers, submitted by electronic means to the county employment agencies, as well as to the municipality of Bucharest within which they have their registered office, after payment of to the employer of salary rights.

The procedure for granting the amounts provided in paragraph (1) shall be established by order of the president of the National Agency for Employment, which shall be published in the Official Gazette of Romania, Part I, within 5 working days from the entry into force of this emergency order.

Employers who terminate the individual employment contracts of the persons provided in paragraph (1) prior to the terms provided in paragraph (1) and (2) are obliged to reimburse in full to the employment agencies the amounts collected for each person for whom the employment relationship ended before the mentioned term, plus the reference interest of the National Bank of Romania in force at the date of termination of contracts individual work, if their termination took place pursuant to art. 55 letter b), art. 56 para. (1) letter d) and e) and art. 65 of Law no. 53/2003 – Labor Code, republished, with subsequent amendments and completions.

Following employers do not benefit from the amounts provided at par. (1):

  • public institutions and authorities, as they are defined by Law no.500/2002 regarding the public finances, with the subsequent modifications and completions, as well as by Law no.273/2006 on local public finances, with subsequent amendments and completions;
  • employers who at the date of requesting the granting of these amounts are in bankruptcy, dissolution, liquidation, or who have suspended activities or on whom restrictions are imposed for reasons other than those generated by the spread of SARS-CoV-2 coronavirus.