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measures taken towards the reported issues, but until the date of drafting this Activity
Report, no answer was received.
System problems:
- in Law no. 50/2019 of the state budget for the year 2019, no details are found
regarding the level of the bonus and terms for the anticipated payment of the tax on the
estimated annual income for the year 2019, which is why the provisions of Art. 121 of the
Fiscal Code are not applicable in 2019;
- the situation of the wage of a postman, equivalent to the gross monthly minimum
wage in payment, after 35 years of work at the National Romanian Post Company, which
generated his entry into the hunger strike, followed by a warning strike;
- failure to communicate the decisions issued by the Public Finance Administration of
Sector 1, regarding the requests for restitution of the amounts provided by the Government
Emergency Ordinance no. 52/2017 on the refund of the amounts representing the special tax
for cars and vehicles, the pollution tax for vehicles, the tax for polluting emissions from
vehicles and the environmental stamp for vehicles, an aspect which had as effect the
impossibility of challenging the respective decisions in the court by the persons concerned.
Among the authorities that did not provide the necessary support in the actions
taken by the People's Advocate institution, according to Art. 59 paragraph (2) of the
Constitution, we highlight the following: Bucharest City Hall, National Authority for
Restitution of Properties and Institution of the Prefect of Ilfov County.
Proposals for legislative changes:
- regulate, by special law, the labor relations of the cooperating members with the
cooperative company, as provided by Art. 33 of Law no. 1/2005 regarding the organization
and functioning of the cooperation, republished, with the subsequent modifications and
completions:
"(1) The following types of relationships may exist between the cooperative company and the
cooperating member:
a) patrimonial, materialized by the obligation of the cooperating member to deposit the equity
interests and / or contributions in kind;
b) of work, in the case of the cooperating members associated in work and capital, under
the individual employment contract or the individual employment agreement, as the case
may be, concluded with the cooperative company of which they are members;
(...)
(3) For cooperative companies, the labor relations of the cooperating members may be
regulated by special law”.
In the absence of this regulation, the employment relationships of the cooperating
members with the cooperative company carried out under individual labor agreements are not
recognized as seniority in employment, nor as a contribution period.
- regulate the methodology of alienating the lands related to the buildings that fall under
the Law no. 112/1995 for the regulation of the legal situation of some buildings with the
destination of dwellings, passed on state property, with the subsequent modifications and
completions, in accordance with Decision no. 3/January 30, 2017, through which the High
Court of Cassation and Justice decided that: “In interpreting and applying the provisions of
Art. 3, Art. 9, Art. 26 paragraph (3) of Law no. 112/1995 for the regulation of the legal
situation of some buildings with the destination of dwellings, passed on state property, with
the subsequent modifications, corroborated with Art. 37 of the Methodological Norms
PEOPLE’S ADVOCATE
ANNUAL REPORT 2019
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