Calin Stan

Due to favourable evolution of the Covid-19 pandemic in Romania, the authorities have replaced starting with today, 15 May 2020, the state of emergency with the state of alert for a period of 30 days. The competent authorities have taken the measures to create the legal framework and thus several normative acts were recently adopted.

Below, we summarize the most important new measures that were adopted:

Free Movement Restrictions

• As of 15 May, movement of persons outside their house is allowed inside the respective town/commune, provided that (i) measures for preventing the spread of the infection are observed and (ii) forming a group of persons (more than 3 persons not living together) is to be avoided. Movement of persons outside localities is allowed only in certain situations;
• Wearing a mask covering the nose and mouth is mandatory inside commercial spaces, public transportation, at work and in other enclosed spaces;
• Beauty salons, dental offices, shopping centres with a built area of less than 15,000 sqm, museums and parks are reopened and outdoor recreational activities are allowed; Drive-in, room-service, client delivery and take-away services are allowed.

Employment measures

• Public institutions fighting against COVID-19 pandemic and its effects may order a secondment of an employee with the prior consent of the employee and of the seconding employer, provided that the new employer carries out the same type of activity;
• Employers may temporarily change the place and type of work / decide telework or work from home with the prior consent of the employee.

Other measures

Whether, during the state of alert, if due to the COVID-19 pandemic, a prosecutor's office or a court cannot perform its activity, another competent prosecutor's office/court may be delegated to take over the case.

In addition to these measures, a series of the previously adopted measures have been prolonged/updated:

Travel Restrictions

• No flights allowed from/to Spain, Italy, France, Germany, Austria, Belgium, Swiss Confederation, United States of America, United Kingdom of Great Britain and Northern Ireland, Kingdom of the Netherlands, Turkey and Iran as of 15 May for 14 additional days, with several exceptions;
• International road transport of persons from/to Italy, Spain, France, Germany, Austria, Belgium, Swiss Confederation, the United Kingdom of Great Britain and Northern Ireland, the Kingdom of the Netherlands and Turkey is suspended until 1 June;
• Mandatory self-isolation at home or quarantine, as the case may be, for all persons entering Romania, with several exceptions;
• Prohibition of foreign citizens and stateless persons to enter Romania, with several exceptions;
• Temporary closure of several parts of the border.

Free Movement Restrictions

• Schools, universities, restaurants, coffeeshops, clubs, casinos remain closed;
• Cultural, scientific, artistic, sport, entertainment or gambling activities, spa treatment held in enclosed spaces remain suspended.

Measures affecting certain industry sectors

• Debtors whose financial situation was directly or indirectly affected by the coronavirus pandemic are allowed to reschedule the repayment of their loans and get a grace period of up to 9 (nine) months. The debt rescheduling facility is available for both natural and legal persons provided that certain requirements are fulfilled;
• Prohibition to export drugs / medical devices and sanitary materials that ensure the prevention and treatment of COVID-19 associated diseases, with several exceptions;
• Prohibition to export raw materials used for manufacturing several types of biocidal produces, as well as biocidal products, with several exceptions.

Employment measures

Work from home/Telework remains a rule, but in cases where the job duties cannot be performed from home, employers with more than 50 employees may impose work shifts, ensuring a difference of one hour at the beginning and at the end of the working program, without the consent of the employees and to implement other measures preventing Covid-19 spreading.

Subsidies and financial support available from governmental side

• The indemnity for technical unemployment consisting of 75% of the gross salary corresponding to the occupied job position, but not more than 75% of the national gross average salary is granted until 31 May 2020 and after this term, only for certain areas where restrictions will be maintained;
• Other professionals as defined by the Romanian Civil Code will benefit of an indemnity of 75% of the national gross average salary until 31 May 2020 and after this term, only for certain areas where restrictions will be maintained;
• The governmental program IMM Invest Romania can still be accessed;
• Days off for parents caring for children due to school closures will be granted until the end of 2019-2020 school year.

Article written by Razvan Popa, Partner at Kinstellar