New legislative amendments in October

1. Emergency Ordinance 120/2021 on the administration, operation and implementation of the national system on electronic invoicing RO e-Invoice and electronic invoicing in Romania 

   The ordinance aims at the implementation of the electronic invoice, the administration, operation and management of the National Electronic Invoice System. This system is applied by option, both for public procurement, but also in the relationship between economic operators. 

   The invoice is defined as the invoice issued, transmitted and received in an electronic format type XML and complies with the European standard SR EN 16931-1, which allows its electronic and automatic processing. It is important to mention that once the application of this system is chosen, all invoices in relation to the state, respectively to other economic operators must be issued through RO e-Invoice. 

2. Decision 1071/2021 for establishing the minimum gross basic salary per country guaranteed in payment (OJ 950/2021) 

   According to this decision, starting with January 1st, 2022, the minimum gross basic salary per country guaranteed in payment, excluding bonuses and additions, will become RON 2,550 per month, for a normal work schedule. Considering the current value of the minimum gross basic salary per country guaranteed in payment, respectively RON 2,300, the increase will be RON 250. It also eliminates the minimum value of the gross salary for staff employed in positions that require higher education, with at least one year of experience in the field of education.

3. Emergency Ordinance 111/2021 for the establishment of social protection measures for employees and other professional categories in the context of the prohibition, suspension or limitation of economic activities, determined by the epidemiological situation generated by the spread of COVID-19

   This ordinance reintroduces, until 31.12.2021, the settlement of technical unemployment benefits from the unemployment insurance budget. This will apply: 

   - during the period of temporary suspension of the employment contract, at the initiative of the employer, as a result of the effects of Covid-19,

   - during the period of temporary cessation of activity, in the context of the increase in the number of Covid-19 cases and the prolongation of the alert status, 

   - during the period of suspension as a result of epidemiological investigations, except for employees on sick leave and receiving the related allowance.

4. Emergency Ordinance 110/2021 on granting paid days off to parents or other categories of persons in the context of the spread of Covid-19

   This ordinance reintroduces the possibility of granting days off for one of the parents, in order to supervise children under 12 years of age enrolled in an early childhood education or education unit, as well as for parents caring for children or adults with disabilities up to in 26 years, enrolled in an educational unit. This measure applies during the state of alert, until the end of the 2021-2022 school year, if the courses that require physical presence are limited or suspended and are granted only in situations where telework or work at home is not possible.

5. Order 391/2021 on the approval of the Procedure for the settlement of amounts for the payment of the allowance for each day off granted under the conditions of art. 1 of GEO 110/2021 on granting paid days off to parents and other categories of persons in the context of Covid-19 

This order approves the Procedure for the settlement of amounts for the payment of the allowance for each day off granted to parents in order to supervise their children in case of limitation or suspension of teaching activities, as a result of the spread of Covid-19. In order to benefit from this settlement, employers submit to the employment agencies a set of documents within 30 days from the date of payment of taxpayers and taxes. The necessary documents are: application, list of employees who benefited from days off and the allowance granted for that period, copies of payrolls and time sheets showing the granting of the allowance, the declaration on the employer's own responsibility, proof of payment of taxes and contributions.

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