New reglementations regarding authorisations for small business

In the Official Gazette 328 /25th of April 2008 was published the Govern Emergency Ordinance no 44/2008 regarding the organisation of economic activities for natural persons, individual and family enterprises which abrogates specifically the Law 300/2004, the enforcement guidelines of applications of Law 300/2004 and also any other contrary legal provisions.

New regulation simplifies the procedure of registering such entities in the Registrar of Commerce as well as the procedure of operating changes in the statutory documents of authorized natural persons, individual and family enterprises.

Thus, the procedure of issuing the working authorizations by the Municipalities was canceled, the Registrar of Commerce of every Court being the only body competent to issue registration certificates, respectively the certificates of registering mentions for such legal entities.

In the new legal provision new terms are included and defined as following:

According to the Ministry of Economy and Finance, beginning with 2009 the Fiscal Code will suffer several changes:

VAT

The persons that are not registered for VAT purpose (especially the natural persons) and who buy new intra community means of transport will not be obliged to pay VAT in Romania for these acquisitions before the enrolling of the new means of transport, those enrolling in Romania not being possible without this proof.

Until now, VAT was paid till the 25th of the month following the intra community acquisition and the proof of the payment was not requested at the enrolling.

Excices

The legal entities that commercialize, in retail, system energetic power products for which excises should be paid, for example all types of fuels, are obliged to be registered at the Territorial Fiscal Authority.

Due to some changes in the legislation, the minimum gross salary was increased on national level to 540 lei, starting with the 1st of October 2008, accordingly to legal provision no. 1051/10.09.2008. The change will be valid until the 31st of December 2008. Starting with 1st January 2009 the minimum gross salary will increase from 540 Lei to 600 Lei per month.

The amount of 540 Lei is established for 170 hours per week representing 3, 16 lei/hour. In case employees’ salaries are registered below the Romanian minimum gross salary, this is considered to be illegal and is penalized with fees between 1000 – 2000 lei.

In Romania, the minimum gross salary for the period between October and December 2008 will be 540 Lei for unqualified workers, 648 Lei for qualified workers and 1080 Lei for employees who graduated college.

Starting this Monday the President of Romania, Mr. Traian Basescu, promulgated the Law regarding updates of the first paragraph of article 134 from Law no 53/2003 – Labour Code.

Employees will benefit of 3 additional days of leave (excepting those already stipulated). These days will be: first and second day after the Whitsun (the Whitsun is celebrated on Sunday, 50 days after Easter) and the 15th of August, when is celebrated the Assumption of the Blessed Virgin.

Few of us truly understand what the importance of working in a team is. How can we be efficient working in a team and why working together? One of the apparently insignificant aspects would be the need to have a strong motivation from each team member in order to wish and determine to involve itself and to work within a team.

A strong motivation for some people would be either a higher wage or a raise. Each of us has different motivations but for co-working in a team there must be a final purpose, a common gain, even though individual motivations are different.

According to the state social insurance law for the year 2008, no. 387/2007, contribution rates will change from the months of December this year. The new rates of contribution are as follows:

Parafiscal taxes in Romania were finally reduced. The last “census”, prepared by the World Bank regarding parafiscalty, put Romania on first place in Europe, with a total of 385 parafiscal laws and 278 parafiscal taxes. The number has reduced to 115 at present, after the exclusion from this segment of charges related to both the public domain, as well as the private. The charges that were reduces include incomes from rents, specifications for tenders, but also charges for PhD’s within public and private universities.

Nevertheless, Romania is still among the countries with an excessive parafiscality, the government announcing other measures for the reduction of these fees.

Jordan Sheppard has recently taken part in the renowned International Language Recruitment Fair, in London. The event is known as the biggest and also the most exciting event of its kind and brought together numerous top companies and over 10 000 multilingual professionals. Jordan Sheppard was present at this event trying to identify talented headhunters for its growing international team. Jordan Sheppard is an elite company in the field of human resources services, mainly executive search, who also operates in Romania, through the office opened in Bucharest in November 2007.

The summer just passed by, and we all prepare to enter in the autumn.

Autumn always inspires me a few words: plenty, wisdom, fulfillment… Still autumn means the beginning of the school, electoral campaigns, but also the main trends in the economy, those who we will give guidance for the upcoming year.

Therefore, let’s go to review what happened in the end of this summer, but also the main trends revealed by the beginning of the autumn.

Good news comes from the Ministry of Economy, who announce a record of the transitional period, namely: “Romania’s economy grew by 8.6% in the first half of 2008, while the advance of the gross domestic product in the second quarter of the year was almost 9%”.

Why “Bermuda Triangle”? Due to the fact the entire recruitment process is based mainly on working with people. And knowing that we, as human nature, are so unpredictable, here is how a sinuous relation has been created among: candidate – recruiter – client. Since I have been working in this area have heard, seen and lived all kind of both pleasant and less pleasant experiences.

Unfortunately, at the present time many of us realize in a small percentage or at all what our roles in this equation are. From my own experience I can tell you that the recruiter has the toughest role. This one is the “lever” between candidate and employer. Depending on its successes or failures this one could be either congratulated or insulted. This one is responsible for everything that is going on during the entire recruitment process as well as afterwards, during follow-up phase. This one is responsible when a client or candidate is unsatisfied by the choice they made.

Starting with September 2008 Reliana Groza became the coordinator of the legal department of Ascent Group in Arad.

Reliana graduated the Law Faculty within the Western University of Timisoara and a Maser program in Civil Law and Civil Procedure within the Law Faculty of “Vasile Goldiş” University from Arad.

Reliana’s professional experience includes 5 years in legal advising, mainly as legal consultant and arbitral assistant, respectively as coordinator of the legal department of the Commerce Chamber form Arad. Reliana’s experience mainly includes information and documentary activities for legal entities, legal consulting for business start-up’s, respectively commercial arbitration for companies having commercial litigations.

In August the Ministry of Labour has launched for public debate the draft of the Government decision which provides the increase of the minimum guaranteed gross wage to 8% from the 1st of October 2008 and 11% from the 1st of January 2009. According to the draft of the resolution, the minimum gross wage guaranteed will be 540 lei per month, between the 1st of October – 31st of December 2008, for a full time working schedule of 170 hours per month, in average, representing a value of 3.176 lei/hour.

Starting with August 2008 the project team of Ascent Group has a new coordinator, Elena Manera.

Elena graduated the National School of Political and Administrative Sciences “David Ogilvy” – The Faculty of Communication and Public Relations, with a degree in Human Resources Management. She is also an Italian language authorized translator by the Ministry of Justice.

The annual inflation rate, targeted by the National Bank increased in July this year to a peak of the last three years, 9.04%, compared with 8.61% in June and 8.46% in May. At the beginning of August the National Bank of Romania also increased the inflation forecast for the end of 2008, from 6% to 6.6%. Initially the proposed target of the National Bank for the inflation in 2008 was 3.8% plus or minus one percentage.

Accordingly to a Government decision project, that was deposited for public debate and also published on the website of the Ministry for SME’s, Commerce and Tourism, the tax for updating the activities of the companies (the re-codification) will be abolished.

The Minister Ovidiu Silaghi also declared that the companies who already paid the taxes will not get the money back since the law is not applicable retroactively.

Direct foreign investments in Romania increased in the first month of 2008 with 76.4% in comparison to January 2007, totalizing 695 million euros, according to the information published by the Central Bank.

The participations at the capital and the reinvested profit represented 45.2% from the direct foreign investments, while the intra-group loans represented 54.8%.

Direct foreign investments in Romania diminished in 2007 with 22.3%, comprising a total of 7069 thousand million euros, respectively these ones covered the deficit of the balance of payment in proportion of 41.9%.

At the entire economical level, the rhythm of growth of the work productivity exceeded for the first time in 2007 that of the income (22.6%), as shown in the information provided this month by the National Institute of Statistics.

The NIS‘ data points out that between 2002 and 2006, the work productivity increased faster than the wages, related to the levels registered in the last years.

The hourly cost of the labor increased during the last semester of 2007 with 8,18% in comparison to the previous semester, the most significant increases in price being registered in the health area and social assistance, with over 24,5%, as well as in civil engineering, with 12,5%, as announced by the National Institute of Statistics. A slight reduction of 1.13% was registered only in the extractive industry area.

In comparison to the same period of the year 2006, the most important annual increases of the semestrial index of the hourly labor cost are observed in civil engineering (27,59%), in the extractive industry (27,09%) and in transport, depositing and communication departments (24,01%). The most insignificant increase was recorded in Public administration (7.86%), followed by Education (11.15%).

In accordance with the estimations of the members of the Financial Banking Analysts Association from Romania (AAFBR), the country’s economy will raise with almost 6,53% in 2008. They also estimate an appreciation of the national currency at 3.51 lei/euro at the end of 2008.

In keeping with the data furnished by the National Institute of Statistics, Romania’s internal gross product (PIB) increased with 6% in 2007, reaching to 121.3 thousand million euros. Regarding the current banking account deficit, the analysts anticipate a deepening of 14.73% from the internal gross product and that of the budgetary deficit at 2.83% from the PIB.

Beginning with 2008, and according to the article 160, 2nd paragraph from the Fiscal Code, with the further modifications and addings, the goods and the services for the delivery of which the simplification procedures regarding reverse taxation are applied include:

1. the offal’s and the secondary raw material, resulted from their capitalization, such as they are defined by the Government’s Urgent Disposition no 16/2001 regarding the administration of the recycling industrial offal’s, republished, with the further modifications.
2. the goods and/or the performed services by or for the persons for whom the insolvency procedure was started, excepting the goods furnished within the retail trade;
3. the wooden material, in agreement to the norm stipulations.

In accordance with the point 82 from the Methodological Stipulations:

The Official Gazette no 858/2007 published details regarding the procedure of registering of the contracts between Romanian legal entities and foreign legal entities or non resident persons.

This normative document repealed the stipulations of ANAF Disposition no 1.145/2007 emitted in October 2007 and substantially modified the registration procedure of the contracts concluded with non-resident suppliers.

Thus, its important modifications are:

Dacă sunteţi preocupaţi serios de cariera dumneavoastră atunci este momentul să faceţi cunoştinţă cu IntercollegIBS. Acum şi în România!

IntercollegeIBS oferă programe academice şi de pregătire profesională, pentru sectorul financiar – bancar şi cel al afacerilor. Absolvirea acestor programe certificate conferă posibilitatea îmbunătăţirii cunoştinţelor, cu strictă aplicabilitate practică. Certificările internaţionale obţinute în urma absolvirii programelor oferite de IntercollegeIBS sunt de cel mai înalt nivel şi se adresează celor care doresc să devină profesionişti de succes.

If you are serious about your career it’s time to meet IntercollegeIBS! Now also in Romania!

IntercollegeIBS offers both academic programs and professional training for the business and financial services sectors. The graduation of these programs provides the opportunity to enhance knowledge and expertise at the postgraduate level. There are first class qualifications for people intending to become successful professionals.

Ascent Group was frequently referred in the news by many prestigious publications over the last month. Evenimentul Zilei publishes under the title: «The March trinket keeps the employee longer at work» the opinion of Oana Mosoiu, HR consultants within Ascent Group, regarding the motivation of the women employees in the companies during the March holidays.

The prestigious magazine Capital, under the signature of Mirona Hriţcu, analyses the expansion phenomenon of Romanian training and recruitment companies within the Central and Eastern European territory. «Romanian recruitment companies in the long run» is an article where, together with other consultants, Adela Cristea is sharing Ascent Group’s experience in regional development.

After many disputes, the Order 92/2008, issued by the Minister of Labor, Family and Social Equity, Paul Pacuraru, who was modifying the application norms of the Law 19/2000 regarding the public pension and social security system was canceled. The cancellation comes through the Order 128/2008, issued by the same Minister and published in the Official Gazette no. 168 from 3rd of March 2008.

The Order 92/2008 was defining the monthly gross income that is subject of taxation, respectively by the inclusion of new categories of employee benefits as subjects of taxation, such as the presents offered to the employees, the use of company car and company phone for personal purposes.

Beginning with the 3rd of March 2008 have been launched the first measures of investment with a strong impact on restructuring agriculture, food industry and rural areas. These measures have conditions similar to those of the SAPARD program, are expected by most of the potential beneficiaries, and have prepared the institutional and legislative framework of implementation.

Practically, the companies who are active in agriculture and other eligible applicants can already deliver projects to be approved for the three active measures regarding investments in agriculture: in the farms, processing units and development of rural infrastructure.

Together with the approval of the National Program for Rural Development, Romania will receive from the European Union an initial advance of 3.5% of the total value allocated of about 8 billion euros, to start the first actions of financing.

About Romania: