Legal News by BBW LAW, October 2022

Tue | 25.10.2022

Legal

LEGAL INSIGHTS

New job codes available for IT employees (Order 38/82/2022 and Order 1348/784/2022)

New job codes have been introduced in the National Classification of Occupations in 2022 of particular interest for the digital sector.

Employers have now a broad range of IT occupations allowing to choose more appropriately the official job title of the employees depending on the particular kind of work and tasks meant to be performed.

Among such new job titles, we note:

· ICT security administrator	· blockchain architect	· integration engineer
· software testing analyst	· blockchain developer	· cloud engineer
· cyber security auditor	· digital games designer	· computer vision engineer
· system developer	· digital games developer	· web content manager
· open-source expert	· big data engineer	· ICT technician
· user interface developer	· expert in search engine optimization	· ICT intelligent systems designers

Employers must still supplement the individual employment agreements with proper job description to go along with the new job titles.

When choosing one of the new job titles, further consideration has to be given to the job description since such new job titles are not automatically covered by the IT tax exemption.

An assessment of the nature of the actual work has to be performed on a case-by-case basis by the employer to verify if it may qualify under the wording of the IT tax exemption.

LEGAL NEWS

Beneficial ownership registration required for State owned companies (Emergency Ordinance no. 123/2022)

Autonomous public entities, national companies and state-owned companies were exempted by national law from the AML provisions requiring registration of ultimate beneficial owners.

Following a reasoned opinion addressed by the European Commission, the Romanian Government repealed such exemption and placed autonomous public entities, national companies and state-owned companies under the obligation to file a Beneficial Ownership Statement upon incorporation and thereafter upon any change thereof.

Incorporated entities from the categories above have to file their first Beneficial Ownership Statement by 12 December 2022.

Micro-enterprises to re-establish the Internal Regulation (Law no. 275/2022)

Micro-enterprises (with up to 9 employees and annual turnover and/or annual balance sheet not exceeding 2M Eur) shall review their employment related documentation and introduce or re-establish the Internal Regulation.

In the same time, micro-enterprises shall prepare and implement job description sheets and ensure daily work time keeping for all employees.

Online access to employees’ registries deferred for 2025 (Government Decision no. 1164/2022)

Earlier this year we have announced that employees and former employees will be granted the possibility to access the employees’ registries online. The Methodological norms issued in the meantime provide that the online database will go live as of 31 December 2024 and will be run by the labour authorities.

The awaited reform remains however incomplete since the online excerpts will still have to be corroborated by the employers.

This article is provided by our Legal Partner BBW LAW l BORA BANU van de WAART.

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