Legislative news September 2023

I. GOVERNMENT DECISION NO. 865/2023 FOR THE MODIFICATION AND COMPLETION OF THE METHODOLOGICAL NORMS OF APPLICATION OF THE PROVISIONS OF THE GOVERNMENT EMERGENCY ORDINANCE NO. 111/2010 REGARDING THE LEAVE AND THE MONTHLY ALLOWANCE FOR RAISING CHILDREN, APPROVED BY GOVERNMENT DECISION NO. 52/2011

Published in the Official Gazette no. 844/19.09.2023

It amends, completes and implements the provisions that appeared last year, in December, regarding the Methodological Norms for the application of the provisions of Government Emergency Ordinance no. 111/2010 which regulates the leave and the monthly allowance for raising children.

The main regulations are the following:

  • The leave period for raising a child, in the case of the other parent who did not initially request the right, extends from at least one month to at least two months of the total leave period;
  • Employees have the obligation to notify the employer at least 10 days before the expected start date of childcare leave. The period of leave for raising a child is either the one specified by the employee in the application, or the maximum period provided by law in the absence of an express specification of the period;
  • Employees have the obligation to notify the employer, in writing, of the intention to resume the work at least 30 days before;
  • Supplementing the monthly allowance by 50% for children born from twin pregnancies, triplets or multiples, starting with the second child.

II. EMERGENCY ORDINANCE NO. 74 OF 20/2023 FOR THE AMENDMENT OF PARAGRAPH (4) OF ARTICLE 4 OF LAW NO. 227/2015 REGARDING THE FISCAL CODE

Published in the Official Gazette no. 850/20.09.2023

It completes, with new exceptions, the cases in which the Fiscal Code can be modified without fulfilling the minimum term of 6 months from the publication in the Official Gazette of Romania. The Fiscal Code mentions that if taxes, charges, or contributions are introduced by law as new obligations, existing ones are increased, or existing facilities are eliminated or reduced, they will enter into force on January 1 of each year and will remain unchanged at least during that year.

The exceptions for which it is no longer necessary to meet the minimum period of 6 months from the publication in the Official Gazette of Romania and no longer have to comply with the date of entry into force on January 1, are:

  • Changes and/or additions that introduce new taxes, fees or mandatory contributions,
  • Increases of the existing ones,
  • Elimination or reduction of existing facilities,

exclusively in extraordinary situations of excessive budget deficit procedure found according to European Union treaties and subsidiary regulations agreed at European level.

III. DECISION NO. 900/2023 FOR ESTABLISHING THE GROSS MINIMUM BASIC SALARY PER COUNTRY GUARANTEED IN PAYMENT

Published in the Official Gazette no. 877/28.09.2023

It amends the Labor Code, art. 164, regarding the gross minimum basic salary per country guaranteed in payment.

Starting from October 1, 2023, the gross minimum basic salary per country guaranteed in payment changes from 3,000 lei to 3,300 lei, without including increases and other additions, for a normal work schedule.

The change does not apply to the agricultural sector and the food industry, where the gross minimum basic salary will remain at 3,000 lei.

Read our previous articles!

For more details please contact us

Contact:

Rafał Nadolny
MD Poland,
Partner

Daniela Zsigmond
MD Romania,
Partner

Tamás Kovács
MD Hungary,
Partner


Related content