New reporting requirements & deadlines for employers using state programs for the unemployed

The Government has adopted amendments to the applicable legislation governing the unemployment insurance system and for the stimulation of employment, the completion of internships for higher education graduates, and related to the fund that guarantee the payment of the wages.

Under the employment law, employers may use certain state services for some hires of the unemployed. The categories of unemployed for which employers use state services include:

(i)        recent graduates;

(ii)       the disabled;

(iii)      persons at least 45 years-old;

(iv)       unemployed single parents;

(v)        the long-term unemployed;

(vi)       young people between 16 and 25 years old that are unemployed who have not graduated from school and without qualifications; and

(vii)      young people between 16 and 25 years old that are likely to be socially excluded because of disabilities, a lack of family support, they have a child or children in care, they are victims of human trafficking, or they have served jail time.

The state program that employers may use when hiring such categories of unemployed persons includes that payment by the state of either 900 Lei (roughly 193 Euros) or an amount equivalent to the base salary agreed at the time the person was employed.

The period of available benefits may be either 12 months or 18 months, depending on the unemployment category. Also, the law provides that certain categories, such as persons greater than 45 years-old, require that the employer must retain the employee for more than 18 months to benefit from the program.

The new enactment changes the documentation that the employer must submit to the employment agency to qualify for the program and the deadline for completing the application.

Regardless of the category of the unemployed person, the documentation must include:

(a)       The agreement between the employment agency and the employer completed by the employer for the applicable category of unemployment.  The required language is included in the new enactment;

(b)       The list of employees who benefit from the facility, which is also annex to the new enactment;

(c)        excerpts of the concerned employees’ timesheets certified as an original by the employer;

(d)       proof of payment to the employee certified as an original by the employer.

The deadline for submitting the required documentation is the 25th of the month following the month for which the employer requests the benefit.

The only condition for the employer to receive the benefit is to submit to the employment agency the required documentation. If the employer fails to submit the completed documentation, then it is not entitled to receive the benefit.

The Government’s Decision no. 80 was published in the Official Gazette and became effective on 18 March 2018.

Stratulat Albulescu - Attorneys at law