Crowe Romania

Amendments and completions regarding the insertion incentive

References: Government Decision no. 536/2021, Government Emergency Ordinance no. 111/2010, Government Decision no. 52/2011

23/06/2021
Crowe Romania
Romania

The Official Gazette no. 510 of May 17th 2021 published the Government Decision no. 536/2021 for amending and completing the Enforcement Guidelines for applying the provisions of the Government Emergency Ordinance no. 111/2010 regarding the leave and the child rearing monthly allowance, approved by means of the Government Decision no. 52/2011.

The most important provisions of this Government Decision are:

 

  • the documentation necessary for submission in order to obtain the leave or the child rearing monthly allowance has been amended, in the sense that the calculation proof regarding the income to which the allowance relates is replaced with the applicant’s income proof. To this end, the applicant will be bound to submit either a certificate released by the employer, or an income statement, or a document issued by the tax body attesting these incomes;
  • extension of the scope of persons who, although not working under an individual labour agreement, can obtain the leave or the child rearing monthly allowance, by including the persons who obtain incomes from intellectual property;
  • the insertion incentive can also be requested after the child reaches the age of 6 months (or 1 year in case of disabled child), the condition that the parent must prove that he/she has obtained taxable income with at least 60 days before the child reached the age of 6 months (or 1 year in case of disabled child) has been removed. In this case, the incentive will be granted until the child reaches the age of 2 years (or 3 years in case of disabled child);
  • the possibility of requesting the insertion incentive after the child reaches the age of 2 (or 3 in the case of a disabled child) is introduced, in which case it will be granted:
  1. from the day following that on which the entitled person earns taxable incomes, if the applicant submits the application in this sense within 30 working days from that date;
  2. as of the application submission date, if it is submitted after the expiry of the 30-day period.
  • the cases in which the recalculation of the monthly allowance amount can be requested are amended, and the following situations are regulated:
  1. the territorial agency found that an incorrect amount of the right has been established based on the transmitted documents;
  2. the audit carried out by the social inspectors or by the representatives of the Romanian Court of Auditors found incorrect data on the fulfilment of the conditions for granting the allowance.

*These new regulations entered into force as of May 17th.