The penalty clause is the mechanism available to the creditor of an obligation under Article 1538 of the Civil Code: “1,538. – (1) The penalty clause is one by which the parties stipulate that the debtor undertakes a certain performance in the event of non-performance of the principal obligation. (2) In case of non-performance, the...
In a decision of the Constitutional Court of Romania (CCR), it is provided that the current version of the Labor Code no longer allows imputation decisions to be used by employers to withhold part of salary rights due to damages caused by an employee. Thus, in the hypothesis where the employee has not given consent...
Based on a binding decision of the High Court of Cassation and Justice (HCCJ), the possibility for a disability pensioner to opt for partial early retirement pension has been confirmed, provided the conditions for this latter category of pension are met. In response to an inquiry regarding the interpretation of several provisions within the Pensions...
According to a recent Government Emergency Ordinance (OUG) in the fiscal domain published in the Official Gazette, it is stipulated that social insurance benefits (known as medical leave allowances) will fall into the category of income taxed at a rate of 10% for the Health Insurance Contribution (CASS). Previously, these incomes were exempt from Health...
Methods of debt recovery – 4. European payment order The European legislator has come to the aid of litigants with fast and inexpensive debt recovery procedures. Although fast and inexpensive, these are not exactly user-friendly for the average litigant, maintaining a high level of complexity and rigidity. And in this case, as in the case...
One of the most important institutions in the insolvency procedure, often used unjustifiably by creditors dissatisfied with the fact that the sums entered in the definitive table of claims have not been recovered, is that of attracting the patrimonial responsibility of the persons responsible for the debtor’s insolvency, usually the administrator. Thus, at the request...
Modification of the sexual harassment offense: expanding the scope of criminalization and defining aggravating variants Recently, the Chamber of Deputies, as the decision-making authority, has passed a law amending the provisions of the Penal Code, expanding the scope of criminalization of sexual harassment offenses, as well as introducing two aggravating variants. The primary reason...
Sponsorship contracts are governed by Law no. 32/1994 on sponsorship, which defines this activity as “the activity carried out based on a contract concluded between the sponsor and the beneficiary, agreeing on the financial means and material goods provided as support, as well as the duration of the sponsorship.” Who can be a sponsor? The...
In order to motivate employees, as well as to express gratitude for their efforts within the company, employers may decide to grant gifts/bonuses to their employees. Granting these bonuses is an option for employers, as they are not legally obligated to provide them. Regarding the taxation system for these sums in the form of gifts/bonuses,...
The National Office for the Prevention and Combating of Money Laundering (ONPCSB) established, through an order published in July 2023 in the Official Gazette, new models of reports for suspicious transactions, cash transactions of at least 10,000 euros, foreign transfers of at least 10,000 euros, and fund transfers for money remittance activities of at least...
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