Romania: Nationwide State of Alert will Continue into mid-August

Romania will remain under a state of alert for at least 30 more days starting on 17 July. The same restrictions on operating specific businesses will continue to apply.

Due to the rise in the number of confirmed cases of COVID-19, the Government recently decided not to allow for the further reopening of businesses. However, although the decision was made to extend the state of alert, the Government chose not to impose any new or additional restrictions.

Closed doors activities, including restaurants, bars, cafes, playgrounds and indoor pools will not reopen. General and sectorial safety rules on operating the businesses during the state of alert continue to apply. The use of protective masks is still mandatory at the workplace, with the exception of employees who do not share a working space with anyone, employees who are performing activities in conditions of extreme temperatures or that require a great amount of physical activity, as well as employees with health conditions that could lead to respiratory complications, if they were to use protective masks. Additional individual protective gear may be required for employees with a high risk of exposure. Soap and disinfectants should be widely and readily available to employees.

The recommendation for employers with more than 50 employees, to use individualised working hours that allow employees to start work at (three) different times, is still in place.

Employers are required to be in compliance with all applicable corona-related workplace restrictions and recommendations for the duration of the extended state of alert period, including:

• the employer’s obligation to properly inform employees of the relevant safety guidelines;
• the employer’s duty to ensure that the employees are adhering to the mandatory rules;
• the employer’s responsibility to take the temperature of the employees at the beginning of the work shift;
• the employer’s duty to prohibit any employee, who has a temperature of 37.3°C or higher, from entering the workplace;
• the employer’s obligation to prevent any employee who exhibits symptoms of a respiratory infection from entering the workplace.

During the state of alert, the employer can still issue work from home decisions; however the employee’s consent is necessary. Under similar conditions, the employer can change the place of the activity of the employees and their responsibilities.

Collective agreements will remain enforced during the state of alert and for an additional period of 90 days after the state of alert ends. Collective negotiations will commence within 45 days of the date when the state of alert will end.

New rules on quarantine and isolation will become applicable staring on 21 July, after the Constitutional Court decided that such limitation to fundamental rights of individuals cannot be imposed by ministerial order and a law should be passed by the Parliament. Law no. 136/2020 sets up general rules applicable in case of an epidemic. Confirmed cases will be isolated, while close contacts of confirmed cases and individuals traveling from high risk areas will be quarantined, either at home or in designated spaces, which will be made available by the authorities.

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.