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Important legislative news: the technical unemployment and discrimination / harassment at work!

The employees that are working in companies whose activity has been suspended by the decision of the Department of Public Health will benefit from technical unemployment borne by the State.

The discrimination situations or harrasment at work will be sanctioned with a fine from 1,000 to 20.000 lei, according to the amendments made on Friday, July 24th, 2020, to the Labor Code.

By a new Emergency Ordinance published on Friday, July 24th, 2020, The Government regulated the granting of technical unemployment benefits for the employees working in companies whose activity was suspended following an epidemiological investigation. Therefore, in the event in which D.P.H. decides to suspend the activity of a company, due to the risk of infection with SARS-CoV-2 coronavirus, the employees will benefit from technical unemployment for the number of days in wich the activity was suspended, but not later than December 31, 2020.

We remind you that through the G.E.O. no. 30/2020, published on March 21, 2020, only a few days after the beginning of the state of emergency on March 16th, 2020, the payment by the State was ordered for the indemnities of employees placed in technical unemployment, whose employment contracts were suspended. The maximum gross limit settled by the state was set at 4,071 lei. The tax regime applicable to technical uneployment benefits granted during the state of emergency is also applicable in the case described above.

Under the law on combating the Covid-19 pandemic, starting with the date of the expiry of the state of emergency (May 14th, 2020), the granting of support measures was maintained only for the areas of activity in which restrictions were maintained until their lifting, but not later than December 31, 2020.

Also, on Friday, July 24, 2020, a new law was published amending the Labor Code. Starting with the date of entry into force of this new law, i.e. July 27, 2020, any act of direct or indirect discrimination, respectively harassement at work will be sanctioned with a fine ranging from 1,000 to 20,000 lei.

It should be noted that the existence of essential and decisive professional requirements will not be considered discrimination if and to the extent that they are legitimate and proportionate.