Info – Emergency ordinance (OUG) 192/2020 and Decision 935/2020

On 06.11.2020 was published in the Official Gazette the Emergency Ordinance no. 192/2020, for the amendment and completion of Law no. 55/2020 on some measures to prevent and combat the effects of the COVID-19 pandemic, as well as to amend letter a) in art. 7 of Law no. 81/2018 on the regulation of telework activity, which brings, among others, the following changes:

  • the obligation to wear a protective mask in public spaces, commercial spaces, means of public transport and at work;

–     during the alert state, the employers order work at home or in telework regime, where the specificity     of the activity allows;

–   during the alert state, by derogation from the provisions of art. 118 para. (1) of Law no. 53/2003 – Labor Code, republished, with subsequent amendments and completions, employers in the private system, with more than 50 employees, organizes the work schedule so that staff are divided into groups to start and finish the activity at a difference of at least one hour;

Also on 06.11.2020, Decision 935/2020 for the modification and completion of annexes no. 2 and 3 to the Government Decision no. 856/2020 on the extension of the alert status on the Romanian territory starting with October 15, 2020, as well as the establishment of measures to be applied during it to prevent and combat the effects of the COVID-19 pandemic, which brings, among others, the following changes:

  • the movement of persons outside the dwelling / household is prohibited during the time interval 23: 00—5: 00, with the following exceptions motivated by:
  1. travel in professional interest, including between home / household and the place / places of professional activity and back;
  • in order to verify the reason for traveling in professional interest, the persons are obliged to present, at the request of the competent authorities staff, the certificate issued by the employer or a declaration on their own responsibility.
  • for employers in the private system with a number of more than 50 employees, the obligation to organize the work schedule in telework or work at home is established, in accordance with the law
  • in case the activity cannot be carried out by the employee in telework or work at home regime and in order to avoid the congestion of public transport, the private economic operators organize the work schedule so that the staff is divided into groups to start, respectively to finish the activity at a difference of at least one hour.