Settlement of technical unemployment for firms affected by war

The settlement of technical unemployment for the companies affected by the war can be made after May 1, when the first applications can be submitted.

An important change in the technical unemployment rate, which only applies until 31 December 2021, was introduced by Emergency Ordinance No 111 of 2 October 2021.

As of the 3^rd of April 2020, the procedures for submitting the documents required to obtain the technical unemployment indemnity have changed. According to the new methodology, all those who submit applications for April (therefore all applications that will be submitted after 1^st of May) must send them via the online platform made available by the Romanian Government, namely https://aici.gov.ro/home.

In addition, it is important to know that documents sent by e-mail to AJOFM will no longer be accepted.

The transmission of documents through the above-mentioned platform will ensure faster processing, better record keeping and easier access to documents to be filled in.

In addition, applications will be written intelligently to help employers calculate the compensation to be claimed and therefore errors in identifying the company will be limited.

Emergency Ordinance No. 70/2020 was published in the Official Gazette of Tuesday (May 14, 2020). It brings many changes, the most important of which concern the tax code and the resolution of technical unemployment, as a measure to help companies affected by the crisis caused by SAR-Cov-2.

The following is a summary of the main provisions contained in OUG 70/2020, in some important categories:

I. Extension of social protection measures

The legislative act concerns several measures caused by the current epidemiological situation in Romania, including:

• the period for granting the technical unemployment allowance shall be extended until 31^st of May 2020;

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As they did not know how to deal with the technically unemployed employees, employers were clarified on Friday evening, after the publication of Decree 92/2020, which are the facilities they can benefit from.

In this article, we have summarized the main provisions contained in the order 92/2020 published in the Official Journal 459/29 May 2020, on the establishment of active support measures for employees and employers in the context of the epidemiological situation caused by the spread of SAR-Cov-2 coronavirus, as well as for the amendment of certain regulatory acts.

On Monday evening, after long waiting, the Emergency Ordinance on the modification and completion of the OUG No. 30/2020 was published in the Official Journal, which refers to the protection that the State will guarantee to the employees during the state of emergency, in the event of suspension of individual employment contracts, at the initiative of the employer, in accordance with Article 52 (1) (c) of Law 53/2003 – Labour Code. Shortly, we are talking about the ordered regulation governing the technical unemployment during the SAR-cov-2 crisis.

As we intended, but did not hope, the ordinance was in support of all employees affected by the spread of SAR-virus cov-2, eliminating the differentiation between employees whose employers have been forced to close down completely or partially on the basis of the decisions taken by the public authorities and those who have been indirectly affected by the measures taken.

In the recent days we have received many questions from customers, partners, collaborators, but also from people outside our contacts, on how anti-crisis measures are applied within companies.

In order to cope with the large number of requests, but also because most of the questions are repeated, we are drawing here a list of quick questions and answers, grouped by category, a mini-guide to help companies and employees navigate more easily through this difficult period. Consider it a crisis survival kit.

In the context of the economic crisis caused by the spread of coronavirus (COVID-19), many companies are forced to apply cost-cutting measures and to reduce the activity. In this context the Romanian Government adopted on March 21 an Emergency Ordinance (no. 30/2020) to establish some measures in the field of social protection. The decree also brings some additions to the temporary suspension of the individual employment contract, at the initiative of the employer, known in common language as “technical unemployment”.

Technical unemployment existed also until now, being governed by the Labor Code which, in Article 53, contains provisions related to the interruption or reduction of the employer’s activity:

“Article 2 53