Ordinance 92/2020 – active support measures for employees and employers in the context of the epidemiological situation COVID-19

The change in the general conditions for carrying out economic activities has led the governments of the countries directly affected by the epidemic of Coronavirus SARS – CoV2019 to apply measures aimed at supporting their economy.

In Romania, both during the establishment of the emergency salt, between 16.03 – 15.05.2020, and during the alert period between 16.05 – 31.05.2020, the Government came to the aid of companies with a series of measures that supported the suspension of work of employees. Thus, based on art. 52 letter c. Of the Labor Code – “in case of temporary interruption or reduction of activity, without termination of employment, for economic, technological, structural or similar reasons”, respectively based on GEO 30/2020 with subsequent amendments, the allowances benefited employees during the suspension of employment contracts were born from the unemployment insurance budget.

Measures to support employers during the period of reduction or interruption of activity, starting with 1st of June by adopting Emergency Ordinance 92/2020 continue with new measures to support the start of activity structured as follows:

  •  The new measures are aimed at settlement for a period of 3 months of 41.5% of the gross basic salary, but not more than 41.5% of the average gross salary provided by the law of the state social insurance budget for 2020, for employers whose employees have benefited from the provisions of art. XI, paragraph (1) of GEO 30/2020 (respective recovery of the allowance unemployment from the unemployment insurance budget), but also for employers whose employees had their employment contracts suspended in accordance with art. 52 para. 1, lit. c of the Labor Code during the state of emergency or alert, but did not benefit from the recovery of the indemnity for temporary suspension of activity from the unemployment insurance budget. Employers can benefit from these rights only if the employees had their employment contract suspended for at least 15 days during the state of emergency or alert and have the obligation to maintain employment until 31.12.2020. Exceptions are situations in which employment terminates for reasons not attributable to the employer.
  • Employers who, from 1st of June to 31 December 2020, work full-time, for an indefinite period, people over 50 years of age whose employment has ceased for reasons beyond their control during the state of emergency or alert, or people aged 16-29 registered as unemployed receive monthly for a period of 12 months, for each person in this category, 50% of the employee’s salary, but not more than 2500 lei.

We have selected some of the questions we receive most often during this period. You can find them below, along with our comments.

  • What is the amount settled based on GEO 92/2020 for an employee who has a salary of 6500 lei?

R: The maximum amount settled is 41.5% of the average gross salary, respectively 5429 lei, which means 41.5% * 5429 = 2253 lei / month. The recovery is made for 3 months, the total amount to be recovered is 6759 lei.

  • If an employee for whom the 41.5% of the gross basic salary has been settled wishes to terminate the employment relations until 31.12.2020 based on the agreement of the parties, respectively art. 55b of the Labor Code, is it possible?

R: In this case, if the employer accepts the termination of the employment contract based on art. 55b, he will reimburse the Unemployment Insurance Budget the amount collected for the employee, respectively plus the NBR reference interest at the date of termination of the employment contract. The same is the situation if the employment contracts based on art. 56 paragraph 1 letter d and e and art. 65 of the Labor Code. However, the amounts will not be refunded if the notice period is respected and the termination of the contract is made according to art. 1.

  •  If a person over the age of 50, whose employment contract was terminated for reasons not attributable to him during the alert period, does not meet the conditions for obtaining unemployment benefits, he may be employed so that the employer can benefit from the 50% of the salary. ?

R: Ordinance 92/2020 provides for these facilities for the employment of persons over 50 years of age registered as unemployed regardless of whether they are compensated or not compensated. In this sense, a person can register as unemployed without compensation at the Unemployment Agency, and if the employment contract ended during the state of alert or emergency for reasons not attributable, the future employer can benefit from the active measures provided in GEO 92/2020.

Did you get it question? Do not hesitate to leave us a comment or send us an email at the address info@humangest.ro For payroll and personnel management solutions, we are at your disposal.

Roxana Ianc

With over 16 years of experience in human resources, Roxana Ianc coordinates the Payroll and Admin division of IHM Total Consult, a company that is part of the Italian SGB Humangest Group of companies.

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