Through the Military Ordinance no. 8/2020 published in the Official Gazette no. 301 on 10th of April, 2020, there were instituted a new series of measures to prevent the spread of COVID-19, which directly envisage certain categories of workers and/or professionals, as presented below.
(i) Exceptions from the circulation restriction during the emergency state
Under the newly adopted military ordinance, the holders of commercial fishing permits/licenses are allowed to travel in order to perform commercial fishing and aquaculture activities, as well as the beekeepers are allowed to travel to and from the apiary location. They have the obligation to fill in the sworn statement provided by the Military Ordinance no. 3/2020 where ticking the professional purpose for travelling and must present the commercial fishing permits/licenses and, as regards the beekeepers, the certificate containing the apiary code issued by the county offices of animal husbandry or with any other documents proving the quality of beekeeper and the ownership over the apiaries.
In addition, the agricultural producers will be allowed to sell their products in organized agri-food markets which shall remain opened during the emergency state, being allowed to travel to and from the agri-food markets and to have access to this space, based on a sworn statement and on the agricultural producer certificate.
(ii) Exceptions from isolation at home or quarantine measures during the emergency state
In addition to the exceptions from the circulation restrictions, the new military ordinance institutes also a series of exceptions from the measure of isolation at home or quarantine with respect to certain categories of individuals.
As such, the cross-border workers who live and work within a 30 km radius of one side or the other of the Romanian-Hungarian state border, calculated from the nearest border crossing point open to human trafficking, and who return to the house at least once a week, are excepted from the measure of isolation at home or quarantine if they do not present symptoms associated with COVID-19. This exception is provided only for entering into Romania form certain crossing points of the Romanian-Hungarian state border (i.e., Cenad, Nădlac, Turnu, Vărșand, Salonta, Borș, Săcuieni, Urziceni și Petea), where is also allowed for the cros-border workers to enter/leave by cars and agriculatural machines.
Another category of employees and/or professionals who are excepted from the measure of isolation at home or quarantineis represented by the individuals entering into Romania in order to perform activities of installation, commissioning, maintenance, service of the medical equipment and techniques, as well as activities related to technique/equipment in the scientific, economic, defense, public order and national security fields. The exception at hand is subject to the condition that such individual to not present symptoms associated with COVID-19 and to prove the contractual relationships with the beneficiary/beneficiaries from Romania.
(iii) Measures envisaging the personnel working in residential care and assistance centers for the elderly, residential centers for children and adults, with and without disabilities, as well as for other vulnerable categories, public and private
Another measure adopted by the new enactment has an impact on the personnel working in social services such as residential care and assistance centers for the elderly, residential centers for children and adults, with and without disabilities, as well as for other vulnerable categories, public and private, during the emergency state period, further to instituting the interdiction that the activity of the units above to cease or be suspended during the emergency state.
Thus, the presence of the employees within these units shall be organized and ensured in shifts, in order for the personnel to stay in preventive isolation at the workplace or in special dedicated areas where no outside individuals have access for a period of 14 days, followed by a 14 days period 0f preventive isolation at home. The refusal of preventive isolation at the workplace by the employees of these units triggers the administrative or criminal liability of the concerned employees, upon the case.
Besides, during the emergency state period, as an exception from the legal provisions in force, in case of resignation of the employees of the units above mentioned, the notice period is set for a period of 45 calendar days.
The provisions of Military Ordinance no. 8/2020 above shall be applicable starting with the publication into the Official Gazette of Romania, respectively 10th of April 2020, and shall be in force during the emergency state.
