Employment Flash No. 20/2020 – Latest news in the labor law field
14.09.2020 – News regarding the template documents and the corresponding procedure for accessing the state support for teleworking activity, as well as for the settlement from the state budget of the sums corresponding to paid days off granted to parents
The Ministerial Order no. 1376/09.09.2020 on establishing the manner of granting the financial support and the categories of goods and services that may be purchased according to art. 6t (1) of the GEO no. 132/2020 – the state support for teleworking activity – has been published within the Official Gazette no. 832, dated 10 September 2020.
This normative act establishes the official templates for the documents that the employers need to submit in order to obtain the state support for teleworking activity and also those justify the acquisition of the goods and services from a series of categories established, as well, within this Order. In addition, some procedural aspects are clarified as regards the application and settlement of the sums concerned.
In order to access this support, the employers have to submit, either by electronic means or by uploading on the online platform aici.gov.ro, to the county workforce occupation agencies/to the Bucharest Workforce Occupation Agency, as case may be, form the area where they have their headquarters, the following application documents, for which the official templates are annexed to the present Order:
- a request signed and dated by the legal representative;
- an affidavit (personal declaration), filled in by the legal representative;
- a list of the teleworkers for which the state support in question is requested, under the condition of GEO no. 132/2020.
In addition, the employers have to submit, by uploading on the online platform aici.gov.ro, to the county workforce occupation agencies/to the Bucharest Workforce Occupation Agency, as case may be, form the area where they have their headquarters, the following justification documents:
- the fiscal invoices issued by the providers of goods and services (purchased based on this state support measure, in the conditions of the GEO and the Ministerial Order mentioned above);
- the fiscal receipt or the bank statement ascertaining the payment of the fiscal invoices mentioned above;
- the specific record sheets corresponding to material of the nature of inventory items attributed to teleworkers and/or the specific documents for the movement of fixed assets and or the documentation on the technological services ensured by the employer for each employee, prepared in accordance with the corresponding fiscal and accounting legislation.
The applicable legislation provides for a deadline for this submission, namely within 30 days from the moment when the state support sums are granted, based on the application documents mentioned above.
In case of non-compliance with this obligation of submitting justification documentation, the employer has to return the sums received, within 30 days from the expiration of the deadline for the submission of the respective documentation.
As per Annex no. 1 to the Ministerial Order, the types of goods and services that may be purchased using the state support sums for teleworking activity are the following:
- computing systems of laptop/notebook nature;
- tablets;
- smart-phones;
- output and input (peripheral) equipment corresponding to the systems mentioned above;
- equipment necessary for internet connection of the systems mentioned above;
- the necessary licenses for the operation systems and software applications for the goods mentioned above, necessary in order to perform activity under teleworking regime.
It is reiterated that this type of state support is granted following the order of submission of the application documents, until December 31, 2020 and subject to the limited state budget funds available with this destination. Establishing the employers’ right to benefit from this support or the rejection thereof is based on the decision of the executive directors of the workforce occupation agency.
In case of a decision in favor of granting such support, granting the corresponding sums is operated in the bank accounts of the employers, within a deadline of 10 days from the moment of registration of the complete application documentation provided above.
In case of insufficient documentation or of some inadvertencies noticed, clarifications may be requested to the employer, in which case the 10 days deadline mentioned above is considered from the moment when the necessary clarifications and completions have been submitted.
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The Order of the President of the National Workforce Occupation Agency no. 593/10.09.2020 on approving the Procedure for the settlement of the sums for the payment of each day off granted under the condition of GEO no. 147/2020 has been published within the Official Gazette no. 836 dated September 11, 2020.
According to this normative act, for the settlement from the state of the amounts related to paid days off granted to parent employees, in case of suspension or limitation of teaching activity that requires physical presence, as a result of epidemiological investigations caused by the spreading of SARS-CoV-2, employers submit to the county workforce occupation agencies / Bucharest Workforce Occupation Agency, from the area where they are headquartered, the following documents (the templates of which are annexed to this Order):
- a request;
- the list of employees who benefited from paid days off and of the corresponding allowance granted during this period;
- copies of payroll and clocking sheets from which results the granting of the allowance for each day off;
- affidavit of the employer’s legal representative
- the proof of payment of the income tax and specific contributions.
The workforce agencies verify the compliance with the legal conditions of each application and the establishment or, as case may be, the rejection of the employers’ right to the settlement of these sums is based on the decision of the executive directors of the workforce occupation agencies.
The settlement of the sums granted for each paid day off is operated by bank transfer into the employer’s account, within 15 calendar days calculated from the moment of registration by the workforce occupation agencies of the application documents.
In case of insufficient documentation or of some inadvertencies noticed, clarifications may be requested to the employer, in which case the 10 days deadline mentioned above is considered from the moment when the necessary clarifications and completions have been submitted.
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