In the Official Gazette (Part I) no.1094 of 14 November 2022 was published the MMSS Order no.1905/2022 for the amendment of the Annex to the Order of the Minister of Labour, Family, Social Protection and the Elderly no.2034/2016 on the approval of the Procedure for the organization, updating and use of the Single Register of Social Enterprises.
Thus, according to the document, new changes have appeared regarding the Procedure for the organization, updating and use of the Single Register of Social Enterprises.
We mention that this procedure regulates the implementation of the provisions of Articles 27 and 28 of Law no.219/2015 on social economy, with subsequent amendments and additions, hereinafter referred to as the Law.
The single register of social enterprises, established in order to provide the necessary information on the situation and evolution of the social economy at national level, hereinafter referred to as the Register, is administered by the National Agency for Employment, through the Social Economy Department.
The single register of social enterprises is organized in Excel spreadsheet format, and an appropriate computer application will be developed.
This Register shall be organised in accordance with the model set out in Annex No 1 which forms an integral part of this procedure and shall comprise the following sections:
a) Section 0. County or territorial structure;
b) Section A. Identification data of the private legal person;
c) Section B. Certificate of social enterprise;
d) Section C. Corporate trademark;
e) Section D. Technical and financial data;
f) Section E. Abnormalities/Sanctions.
Social enterprises and social integration enterprises are obliged to submit to the Employment Agency a copy of the volunteers’ register with the submission of the annual activity report provided for by this law.
It is important to mention that social enterprises are recorded in the register after the issuance of the social enterprise certificate, hereinafter referred to as the certificate, by filling in the information provided in sections A “Identification data of the private legal entity” and B “Social enterprise certificate”.
By legal person under private law is meant the certified or/and certified social enterprise, as the case may be, which is subject to registration in the Register.
The Single Register of Social Enterprises shall be updated whenever there is a change in the situation of the social enterprise/social integration enterprise in sections A “Identification data of the legal person governed by private law”, B “Social enterprise certificate” and, where applicable, section C “Social brand”.
If the social enterprise applies for the granting of the social mark, hereinafter referred to as the mark, and is issued with the certificate of social integration enterprise, the single register of social enterprises shall be updated with the information provided in section C “Social mark” and section D “Technical and financial data” under the headings: no. total number of employees/members, total number of employees/members from the vulnerable group, percentage of working time of employees/members from the vulnerable group out of total working time of employees/members, total number of volunteers, forms of support from which the social enterprise/social integration enterprise benefits.
According to the procedure, the data on the total number of employees/members, total number of employees/members of the vulnerable group, percentage of working time of employees/members of the vulnerable group out of the total working time of employees/members, forms of support from which the social enterprise/social integration enterprise benefits are updated with the submission of the annual report within the period provided for by law and regulations or whenever any change occurs, according to the documents submitted by the social enterprise/social integration enterprise.
The information on the total number of employees/members in section D “Technical and financial data” will be obtained by adding all the persons mentioned in Annex no. 7 to the rules, which is submitted with the application for the social mark and is filled in the Single Register of Social Enterprises with the issue of the certificate of social integration enterprise.
The information on the total number of employees from vulnerable groups in section D will be obtained by summing up the persons from vulnerable groups filled in annex no. 7 to the rules, which is submitted with the application for the social mark and correlated with the data in the contracts and documents certifying membership of the vulnerable group.
The percentage of working time of vulnerable employees out of the total working time of employees in section D is filled in only once, when verifying the fulfilment of the criteria for granting the certificate of social integration enterprise, by comparing the total number of working hours of persons belonging to the vulnerable group and the total number of working hours of all employees, multiplied by 100. The calculation will be made on the basis of the data presented in annex no. 7 to the rules by the private legal person correlated with the information in the employment contracts presented.
According to Order MMSS 1905/2022, the ratio between the salary levels in section D “Technical and financial data” shall be completed after the issuance of the certificate, by identifying the lowest and the highest salary in annex no. 7 to the rules, submitted by the private legal entity/social enterprise, and reporting the two salary levels.
The registration of the forms of support provided for by the legal framework is registered only on the basis of the proofs of granting of the forms of support which are submitted to the employment agencies with the submission of the annual activity report or the voluntary announcement by the social enterprises/social insertion enterprises.
Please note that the information regarding the deviations and sanctions provided for in section E shall be completed on the basis of the data from the minutes drawn up by the control authorities provided for in article 22 of the rules and sent to the social economy departments within the county agencies and the agency of Bucharest municipality.
In order to be registered in the Single Register of Social Enterprises, the documents provided for in this procedure will be scanned and stored in an electronic database managed by the Social Economy Department of the Employment Agency.
The register will be used to draw up reports on the situation and evolution of the social economy field by the National Agency for Employment at national level and by the county agencies, respectively the agency of Bucharest municipality, at territorial level.
The register will be published, in extracts, on a monthly basis, on the website of the National Employment Agency, until the 15th of each month.
Legal basis:
– MMSS Order 1905/2022 for the amendment of the annex to the Order of the Minister of Labour, Family, Social Protection and the Elderly No. 2034/2016 regarding the approval of the Procedure for the organization, updating and use of the Single Record Register of Social Enterprises;
– Law 219/2015 on the social economy.