I. LAW no. 140/2023 for completing art. 51 para. (1) from Law no. 53/2003 – Code of work, for the amendment and completion of art. 514 of the Government Emergency Ordinance no. 57/2019 regarding the Administrative Code, as well as for completing art. 94 of Law no. 161/2003 regarding some measures to ensure transparency in the exercise of public dignities, public functions and in the business environment, prevention and sanctioning of corruption
Published in the Official Gazette no. 461/2023
Introduces a new situation of suspension of the individual employment contract at the initiative of the employee, in art. 51 para. (1), letter h, in addition to the already existing ones:
a) leave for raising a child up to 2 years old or, in the case of a disabled child, until reaching the age of 3;
b) leave for the care of a sick child up to 7 years old or, in the case of a disabled child, for intercurrent ailments, until reaching the age of 18;
c) paternity leave;
d) leave for professional training;
e) the exercise of elective functions within the professional bodies established at the central or local level, for the entire duration of the mandate;
f) participation in the strike;
g) accommodation leave;
h) carrying out, on the basis of a contract concluded in accordance with the law, a specific activity as a maternal assistant, personal assistant to a person with a serious disability or professional personal assistant.
II. ORDER no. 330/2023 of the National Employment Agency for the modification and completion of the Procedure regarding the control activity, the fulfillment of the security measures, as well as the enforcement of the debts resulting from non-compliance with the provisions of Law no. 76/2002 regarding the unemployment insurance system and the stimulation of employment, with subsequent amendments and additions, approved by the Order of the President of the National Employment Agency no. 279/2004
Published in the Official Gazette no. 477/30.05.2023
Amends and completes the procedure regarding the control activity, the fulfillment of the insurance measures, as well as the enforcement of debts resulting from non-compliance with the provisions of the Law on the unemployment insurance system and the stimulation of employment.
The novelties contained in this order are:
- The National Agency for Employment will also verify compliance by employers who hire long-term unemployed or NEET youth with their obligation under the Unemployment Law, to maintain employment or service relationships for at least 18 months. NEET is the acronym for “Not in Education, Employment or Training”;
- the unexpected control, which consists of the factual and documentary verification activity, without prior notification of the natural or legal persons to be subject to the control, will also be carried out on the basis of self-reports;
- the minimum notification period for those who are to be controlled is 5 working days, instead of 15 days, as provided by the procedure until now;
- appeals are submitted, within 30 days from the notification of the challenged act, to the National Agency for Employment, instead of 15 days, as previously provided by the procedure
- decisions can also be communicated electronically;
- subject to enforcement:
1. the sums improperly granted from the unemployment insurance budget, as well as any other debits constituted to the unemployment insurance budget, other than those coming from the insurance contribution for work,
2. debts arising from non-compliance with legal provisions by persons who have benefited free of charge from professional training services or services for the evaluation and certification of professional skills acquired through other than formal means,
3. any other debits to the unemployment insurance budget, other than those coming from contributions.
III. REGULATION no. 2023/1.113 of the European Parliament and of the Council regarding the information that accompany transfers of funds and certain crypto-assets and amending Directive 2015/849
Published in the Official Journal of the European Union from 09.06.2023
Establishes rules regarding payer and payee information accompanying fund transfers, in any currency, as well as originator and payee information accompanying crypto asset transfers, for the purpose of preventing, detecting and investigating money laundering and financing activities terrorism.
The Regulation applies to transfers of funds, in any currency, which are sent or received by a payment service provider or by an intermediary payment service provider established in the Union. The regulation also applies to cryptoasset transfers, including cryptoasset transfers made through crypto ATMs, where the cryptoasset service provider or the intermediary cryptoasset service provider, either of the originator or the beneficiary, has its registered office in the European Union.
When all payment service providers involved in the payment chain are established in the European Union, fund transfers are accompanied at least by the payment account number of both the payer and the payee or, in the case of a transfer that is not to or from a payment account, the payer’s payment service provider shall ensure that the transfer of funds is accompanied by a unique transaction identification code instead of the payment account number.
Where the payee’s payment service provider is established outside the European Union, transfers of funds which do not exceed EUR 1,000 and which do not appear to be linked to other transfers of funds which, together with the transfer in question, exceed 1 000 EUR are accompanied by at least:
- the name of the payer and the payee
- of the payment account number of the payer and the payee or,
- in the case of a transfer that is not made to or from a payment account, the unique identification code of the transaction.
- the payer’s payment service provider is not obliged to verify the information regarding the payer mentioned above, with the following exceptions:
- the payer’s payment service provider received the funds that are the subject of the transfer in cash or anonymous electronic currency;
- the payer’s payment service provider has reasonable grounds to suspect money laundering or terrorist financing activity.
Records will be kept for a period of five years.
The member states of the European Union will apply the regulation starting from December 30, 2024.
IV. ORDER no. 892/291/2023 of the Ministry of Labor and Social Solidarity and of the National Institute of Statistics regarding the modification and completion of the Classification of occupations in Romania – occupation level (six characters), approved by the Order of the Minister of Labour, Family and Social Protection and of the President of the National Institute of Statistics no. 1832/856/2011
Published in the Official Gazette no. 526/14.06.2023
Amends and completes the Classification of occupations in Romania with the new occupations practiced within the national economy.
New occupations:
- trader selling non-food goods (522102);
- agricultural cooperative executive director (112040);
- dog trainer (516404);
- engineer for inspection and technical verification of boilers, lifting installations and pressure vessels (214960);
- agricultural cooperative president (131123);
- foreign language teacher (235301);
- specialist in working with parents (parenting) (263515);
- qualification systems specialist (235925).
Changes in occupations:
- gardener – the occupation moves from the basic group 6111 Farmers and skilled workers in field crops and vegetable growing, to the basic group 6113 Farmers and skilled workers in gardening, horticulture and nurseries (611303);
- floral designer is renamed as “florist designer” (216607).
V. LAW no. 179/2023 for the amendment of art. 26 para. (1) of the Government’s Emergency Ordinance no. 158/2005 on holidays and social health insurance allowances
Published in the Official Gazette no. 567/23.06.2023
Extends the period until which leave and allowance can be granted for the care of a sick child, from 7 years to 12 years.
“The insured have the right to leave and allowance for the care of a sick child up to the age of 12, and in the case of a disabled child, for intercurrent conditions, until the age of 18.”
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