Background information

In the current pandemic, during the state of emergency or alert, the government had to adopt a series of measures to restrict economic activities, in order to protect the citizens’ health. These measures have had a number of negative consequences for companies and employees, by reducing revenues or losing jobs. Given that the rules on physical distance continue to be maintained, including at work, in a context where teleworking is a desirable solution, it is necessary to support employers in using alternative forms of work.

The current normative act (Government Emergency Ordinance no. 132/2020) can stop the termination of employment contracts (between March and November 2020, more than 1.5 million employment contracts were terminated) and provides immediate support to stimulate the employment of people who have lost their jobs or were unable to get employed and who are subject to the risk of social exclusion. Estimated costs of all proposed measures stipulated by the current GEO 132/2020: RON 4,321,260 (€888,130).

Content of measure

GEO no. 132/2020 stipulates a RON 2,500 (around €514) payment issued once to employers for each employee who has worked in teleworking arrangements for at least 15 days during the state of emergency. The amount is meant to cover expenses with goods and services that enable telework. The employers have to demonstrate the use of telework during the state of emergency. The money is granted through the National Agency for Employment from the unemployment insurance budget, from subsidies from the state budget, until 31 December, 2020. The amount of RON 2500 was established by reference to the average price of an IT equipment (laptop) with medium level technical specifications.

Starting from November 2020, GEO no. 192/2020 provides the obligation of the employer to order remote working, whenever this is objectively possible. The employee can no longer oppose the employer's decision to carry out the activity remotely. In addition, the employer has the obligation to provide the means related to information and communication technology and/or secure work equipment necessary for the performance of work. However, the parties may establish by written agreement to use the employee's own equipment, specifying the conditions of use.

Use of measure

No info available yet.

Target groups

Workers	Businesses	Citizens
Does not apply to workers	Applies to all businesses	Does not apply to citizens

Actors and funding

Actors	Funding
National government Trade unions Employers' organisations Company / Companies Other social actors (e.g. NGOs) Public employment service	National funds

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	Consulted	Consulted
Form	Consultation through tripartite or bipartite social dialogue bodies	Consultation through tripartite or bipartite social dialogue bodies

Social partners' role in the implementation, monitoring and assessment phase:

• Unknown
• Main level of involvement: Peak or cross-sectoral level

Involvement

The involvement of social actors was achieved through repeated consultations within the Economic and Social Council, which has in its composition representatives of employers' organisations, trade unions, NGOs, civil society. This body has an advisory role regarding the normative activity of the Parliament and the Government.

Views and reactions

The Economic and Social Council had a series of consultations on this normative act, the opinions of its representatives being among the most diverse. Thus, some representatives of trade unions, employers and NGOs gave a favorable opinion, others had comments on the need to provide incentives during the state of alert, resolving contradictions that lead to violations of contractual obligations, lack of clarity of some provisions, etc. However, there were also representatives who gave an unfavorable vote to the normative act, motivated by the lack of all the necessary approvals from the ministries involved.

Sources

• 07 August 2020: EMERGENCY ORDINANCE no. 132 of 7 August 2020 on support measures for employees and employers in the context of the epidemiological situation caused by the spread of the SARS-CoV-2 coronavirus, as well as for stimulating employment growth (legislatie.just.ro)
• 06 November 2020: Emergency Ordinance no. 192/2020 for amending and supplementing Law no. 55/2020 on some measures to prevent and combat the effects of the COVID-19 pandemic, as well as to amend letter a) in art. 7 of Law no. 81/2018 on telework activit (legislatie.just.ro)