Legal update in health, unemployment and child breeding leave fields
1. GOVERNMENT EMERGENCY ORDINANCE NO. 107/2010 FOR THE AMENDING AND SUPPLEMENTING OF THE LAW NO. 95/2006 REGARDING THE REFORM IN HEALTH.
The most important ammendament brought by the present act is represented by the introduction of new categories of persons that are bound to the payment of health contribution, as follows:
- Pensioners whose income from pensions exceeds the sum of 740 RON;
- Persons that gain benefits of several rights established through special legislation.
The provisions of the GEO 107/2010 come into force starting with 1st January 2011.
2. GOVERNMENT EMERGENCY ORDINANCE NO. 108/2010 FOR THE AMENDING AND SUPPLEMENTING OF THE LAW NO. 76/2002 REGARDING THE UNEMPLOYMENT INSURANCE SYSTEM AND THE INCENTIVE OF LABOUR FORCE
The most important ammendaments are:
- The unemployment compensation amount
- The unemployment compensation amount is set according to the social refference indicator of the unemployment insurance and the incentive of labour force and not related to the gross national minimum guaranteed payment, as it was stipulated in the previous legislation.
- The unemployment compensation amount is 75% of the social reference indicator in force at the time of its setting for the persons with a contribution of at least one year.
- For unemployed graduates of educational institutions the unemployment compensation amount is granted for a period of six months and consists of a monthly lump sum, in amount of 50% of the social reference indicator in effect at the date of its determination.
- The reference social indicator value can be changed by Government decision according to the growth of the consumer prices index predicted for the current year / previous year, this fact implicitly changing the unemployment compensation quantum.
II. Persons who do not benefit of unemployment compensation
- It is provided that the persons who, at the moment of the claim, reject a job offer in accordance with their training or education level or decline participation in employment stimulation and training services provided by employment agencies, will not be able to benefit of the unemployment compensation.
The provisions of this ordinance are applied starting with 1st January 2011.
3. GOVERNMENT EMERGENCY ORDINANCE NO. 111/2010 REGARDING THE MATERNITY LEAVE AND MONTHLY ALLOWANCE FOR RAISING CHILDREN
The most important provisions of the above ordinance are:
- Field of application:
- Ordinance is applicable to persons whose children are born on or after 1st January 2011; any biological parent can benefit of it.
- The persons that can benefit of these rights are the ones that, in the last year prior to the child`s birth, have completed 12 months of salary income, income from independent activities, income from agricultural activities that are taxed in accordance with the provisions of the Tax Code.
- The posibility to choose between two categories of rights:
i. Maternity leave for children care up to one year
- In this situation it is granted maternity leave for child care up to one year and also a monthly allowance amounting to 75% out of the average net income over the last 12 months, which can not be less than 600 lei and no more than 3,400 lei.
- After the child reaches the age of one year, the persons that chose these measures are entitled to benfit of unpaid leave for child care until the age of 2 years.
- The parent who returns to work before the expiration of the first 12 months of leave, is entitled to an incentive insertion in amount of 500 lei per month for the remaining period until the child reaches the age of 2 years.
ii. Maternity leave for children care up to 2 years
- Persons who chose this category of rights will benefit of maternity leave for children care up to 2 years and also a monthly allowance in amount of 75% out of the average net income over the last 12 months, which can not be less than 600 lei and no more than 1.200 lei.
- Persons who chose this category of rights do not benefit of incentive insertion.