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THE STATE OF ALERT. WHAT’S NEW FOR COMPANIES?

The decision 24 of 14.05.2020 issued by the National Committee for Emergency Situations, published in M.O. n. 395/15.05.2020, approved the establishment of a state of alert at national level for a period of 30 days, starting from 15.05.2020.

As the state of alert has facilitated some of the measures ordered during the state of emergency and companies can start to resume their activities, the decision focuses on the definition of measures for prevention and control of infections.

The following is a set of measures applicable to companies:

1. Organisation of business activities towards employees and customers:

  • is further encouraged to work at home or in telework, as public and private economic operators are obliged to organize their activities so that work is carried out from workers' homes.

  • if the work carried out does not allow it, undertakings must take measures to:

  1. ensure epidemiological screening by monitoring the temperature of staff and visitors at the points of access to the controls;

  2. compulsory disinfection of the hands before entering the working rooms;

  3. compliance with the rules relating to the conduct of operations in offices with common areas (open spaces) and with the rules on the operation of accommodation in hotel mode;

  4. the delay, for institutions with more than 50 employees, so that the start and end of working hours are carried out at intervals of not less than one hour, over a minimum period of three hours, in instalments of not less than 20 % of the staff.

  • economic operators carrying out commercial/public works activities involving access to buildings by persons shall take the following measures to organise the work:

  1. access shall be organised in such a way as to offer a minimum area of 4 m2 per customer/person and a minimum distance of 2m between two persons nearby;

  2. they do not allow access to persons whose body temperature, measured at the entrance to the enclosure, exceeds 37,3 C;

  3. ensure that exposed areas are disinfected and that people are not crowded, in particular in areas marked with housing/meters.

  • from 15.05.2020 it is mandatory to use the mask in commercial premises, public transport, workplaces and other closed areas to cover the nose and mouth;

  • when traveling for professional purposes outside of the place of residence, employees will have to bring a self-declaration signed by them, a template of which is located on this link.

2. Certain activities shall be suspended:

  • the activity of serving and consuming products in common dining areas within restaurants, hotels, motels, bars and other public places, and in terraces outside such places, except for drive-in, room-service, customer delivery, take-away, etc.

  • retail sales of products and services in shopping centers with a built-up area of more than 15,000 m2, where several economic operators operate, with the exception of economic operators in shopping centers with off-premises access and communication with the rest of the complex is interrupted, and economic operators responsible for the sale of food, veterinary, pharmaceutical products, products and services of medical optics and cleaning services, sale of electronic and household products only if economic operators provide for delivery at home/on the premises of the buyer.

  • the organisation of outdoor events, as well as cultural, scientific, artistic, sports, entertainment, gambling, fitness activities, pool activities and spa treatment activities in enclosed places are prohibited.

3. Certain economic activities shall be resumed under preventive and protective measures:

  • personal assistance activities carried out in the area of special purposes;

  • cultural activities in special areas and at the level of museums, libraries and exhibition halls respectively;

  • the work of dental practices for non-emergency cases;

  • the provision of outpatient care in non-emergency situations which cannot be aggravated further.

As you can see, these measures are of a general nature, so we are waiting for the emergence of new legislation specifying the rules for the conduct of economic activities.

The first legislative acts already published in this regard are 69/2020, to amend and supplement the Tax Code, insisting on a series of new tax measures and the OUG 70/2020 that amend several legislative acts (health, education, taxation, labour law):

  • The changes made by OUG 69/2020, relating to the postponement of the date of submission of the Single Declaration, tax bonuses and tax amnesty for debts until 31 March, can be found here;

  • The changes made by OUG 70/2020 concerning the activity of the Register of Enterprises are available here;

  • The other measures introduced by OUG 70/2020 (extension of technical unemployment benefit, etc.) are here.

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