The procedure for settling the allowance for the days off paid to parents

In the Official Gazette of the Official Gazette no. 972 of October 12, 2021, the Order no. 391/2021 of ANOFM was published regarding the approval of the Procedure for the settlement of the amounts for the payment of the indemnity for each free day granted under the conditions of articol  1 of the EMERGENCY ORDINANCE no. 110/2021 on granting paid days off to parents and other categories of persons in the context of the spread of SARS-CoV-2 coronavirus, supporting documents, as well as their official Monitor.

We remind you that, according to EMERGENCY ORDINANCE 110/2021 (published in the OFFICIAL GAZETTE 945 / 04.10.2021), days off are granted to one of the parents for the supervision of children up to 12 years old inclusive, as well as for parents who have maintenance. children or adults with disabilities included in a form of education, respectively enrolled in a pre-university education unit, including early preschool education, hereinafter referred to as educational units.

The above provisions apply during the alert state and after its termination, but not later than the end of the 2021-2022 school year, without including holidays, in case of limitation or suspension of teaching activities that involve the physical presence of children in the units. of education and in the pre-school early education units, where they are enrolled, under the conditions provided in O.ME and O.MS no.5196 / 1756/2021 for the approval of the measures for organizing the activity within the educational units / institutions in conditions of epidemiological safety for the prevention of diseases with SARS-CoV-2 virus, issued in based on articol 2 of the EMERGENCY ORDINANCE no.141 / 2020 on the establishment of measures for the proper functioning of the education system and for the Official Gazette .1 / 2011, approved with the Official Gazette the difficulties by Law no.87 / 2021, with the Official Monitor the subsequent difficulties, for u establishing measures for organizing the activity within the educational units / institutions, in conditions of epidemiological safety for the prevention of SARS-CoV-2 virus diseases, on the establishment of measures for the proper functioning of the education system and for the Official Gazette the difficulty and completion of the National Education Law no.1 / 2011, approved with the Official Monitor difficulties by Law no.87 / 2021, with the Official Monitor subsequent difficulties for organizing the activity within the educational units / institutions, in conditions of epidemiological safety for the prevention of SARS-CoV-2 virus diseases.

According to the settlement procedure of the amounts mentioned above, for the settlement of the respective amounts, the employers submit to the county employment agencies, respectively to the Bucharest municipality in whose / their territorial area they are or their branches / work points, as the case may be, carries out its activity an application, which will be dated and signed by the legal representative.

The application will be accompanied by the following supporting documents:

  1. a) the list of employees who benefited from the days off, as well as the indemnity granted during this period;
  2. b) copies of the payroll and time sheets showing the granting of the allowance for each day off;
  3. c) the declaration on one’s own responsibility of the employer’s legal representative certifying that the list provided in letter a) contains the persons who meet the conditions regulated by the emergency ordinance;
  4. d) proof of payment of tax and social insurance contributions, social health insurance, as well as the insurance contribution for work related to the indemnity for each day off.

The application and the supporting documents are sent by the employers electronically or in letter format to the county employment agencies, respectively to the Bucharest municipality, within 30 days from the date of payment of the contributions and taxes related to the allowance for days off granted to parents.

We emphasize that employers assume responsibility for the correctness and veracity of the data entered in the documents.

The verification by the county employment agencies, respectively of the Bucharest municipality of the fulfillment of the conditions provided in the EMERGENCY ORDINANCE is made on the basis of the nominal lists with children, respectively with the persons highlighted on early preschool education units, education or day services, transmitted by the public institutions in whose coordination or subordination are the educational units or day services, within maximum 10 days from the decision to limit or suspend the courses in the educational unit or the activities from the day services provided by articol  9 para. (1) of the EMERGENCY ORDINANCE 110/2021.

The establishment or, as the case may be, the rejection of the employers’ right to benefit from the settlement of the amounts for the payment of the indemnity for each day off is made based on the decisions issued by the executive directors of the county employment agencies.

The right of employers to benefit from the settlement of the amounts for the payment of the indemnity is rejected in the situation where the application and the supporting documents are sent after the deadline provided above, as well as in the situation where it is found by the county employment agencies, respectively Bucharest municipality failure to meet the conditions for settling the allowance.

The settlement of the amounts for the payment of the allowance for each day off is made by transfer to the accounts opened by employers at credit institutions, within 30 working days from the date of registration of supporting documents, which runs from the date of registration to employment agencies county, respectively of the Bucharest municipality of the previously mentioned documents.

APPLICATION (Annex no. 1):

Employer …………………………………… FISCAL CODE / CIF …………………………………….. CAEN code ………………………………….. Bank account no. …………………………… Phone: ……………………………………… E-mail: ………………………………………. .

To the Agency for County Employment ………….. / Bucharest Municipality

The undersigned, ……………………………, legitimized with CI / BI series …. …. no. ……………, issued on …………………. the date of ….. ………., Personal no (CNP) ……………………….., as the legal representative of the employer. …………………………………., having FISCAL CODE ……. ……., with the registered office in the locality …………………., str. ………… ……… no. ………., county ……………….. / municipality ……………, sector …….., telephone: ……………., fax: ………………. …………, e-mail: …………………….., pursuant to Article 8 paragraph ( 1) of the Government Emergency Ordinance no. 110/2021 regarding the granting of paid days off to parents and other categories of persons in the context of the spread of the SARS-CoV-2 coronavirus, I request the settlement of the total amount of ………………. .. lei representing the gross allowances related to a number of ………… employees for each day off granted under the conditions of article 1 of the emergency ordinance.

Attached to this:

  1. a) the list of employees who benefited from the days off, as well as the indemnity granted during this period; 2
  2. b) copies of the payrolls and timesheets from which the granting of the allowance for each day off results;
  3. c) the declaration on one’s own responsibility of the employer’s legal representative certifying that the list provided in letter a) contains the persons who meet the conditions regulated by the emergency ordinance;
  4. d) proof of payment of tax and social insurance contributions, social health insurance, as well as the insurance contribution for work related to the indemnity for each day off.

Name and surname of the legal representative, in clear …………………….

Signature ………………………

Date …………………………..

 

STATEMENT ON OWN RESPONSIBILITY (Annex no.3):

The undersigned, ………………………………………. .., legitimized with CI / BI series …….. no. ………….., released from …………………………. ….. the date of …………., Personal no.(CNP) ……………………… , as legal representative of the employer …………………………, having authorities ……… …., headquartered in ……………………………., str. … ………………. no. ………., county ………………………. / municipality …….. …………., sector …………., telephone: ………………. …………, fax: …………………………., e-mail : …………………….., knowing the provisions of article 326 of Law no. 286/2009 on the Criminal Code, with the Official Gazette the subsequent difficulties and completions, regarding the false statements, declare on their own responsibility that the list of employees who benefited from days off, as well as the allowance granted during this period contains persons who meet the conditions regulated by Government Emergency Ordinance no. 110/2021 on granting paid days off to parents and other categories of persons in the context of the spread of the SARS-CoV-2 coronavirus.

Name and surname of the legal representative, in clear …………………….

Signature ………………………

Date …………………………..

Legal basis:

Emergency Ordinance (EMERGENCY ORDINANCE) 110/2021 on granting paid days off to parents and other categories of persons in the context of the spread of SARS-CoV-2 coronavirus;

Order ANOFM 391/2021 regarding the approval of the Procedure for the settlement of the amounts for the payment of the indemnity for each day off granted under the conditions of article 1 of the Government Emergency Ordinance no. 110/2021 regarding the granting of paid days off to parents and other categories of persons in the context of the spread of SARS-CoV-2 coronavirus, supporting documents, as well as their official Monitor.