Even before the state of emergency was declared, the Health Ministry decided that all individuals returning from red zones should immediately be quarantined for 14 days, while individuals returning from yellow zones should be isolated at home for 14 days. Countries that register 500 or more confirmed cases are automatically included in the yellow zone. The quarantine/isolation does not apply to drivers of vehicles with a mass over 3.5 tones. The drivers have to be equipped with special protective equipment, masks and sanitizers. During the period of quarantine or isolation, individuals are considered to be on medical leave, their employment agreements are suspended and they cannot be dismissed. Employees receive an indemnity equal to 75% of their average wage during the medical leave.
The Parliament also passed a law that awards paid leave to one of the parents who have children under the age of 12, or under the age of 18 if the child has a disability, if they want to stay at home with the child during the period when the schools are closed, due to extreme weather or other exceptional causes. In order to receive the paid leave the parent must perform an activity for which working from home is not possible. The daily indemnity for this type of paid leave is equal to 75% of the daily wage.
The Presidential Decree that declared the state of emergency allows employers, during this period, to unilaterally force employees to work from home, without an addendum to their employment agreement and without asking the employee to consent. All existing collective employment agreements will continue for the entire period that the state of emergency is in place, even if they should have expired during this period. For some employees, the right to strike will also be suspended during the state of emergency period.
By Military Ordinance, the government decided to suspend some commercial activities, including work performed in restaurants and bars (except for the delivery services), casinos and self-care centres. Restaurants in hotels will also be suspended, however room service can still be provided. All indoor cultural, social, religious and sports events are also suspended. Outdoor events with less than 100 participants can still be organised, provided that the organisers take effective measures to ensure participants keep a 1m distance between them.
Additional measures to support employers and employees during the emergency period are expected shortly.
For more information on these articles or any other issues involving labour and employment matters in Romania, please contact Magda Volonciu (Partner) of Magda Volonciu & Asociatii at magdavolonciu@volonciu.ro or visit www.volonciu.ro.
For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.