The rule provided by C.Muncii is that employees who are technically unemployed benefit from an allowance, paid from the salary fund, which cannot be less than 75% of the basic salary corresponding to the job held.

Technically unemployed employees are those whose activity is interrupted or reduced for a temporary period.

Therefore, according to the general rule, the technical unemployment allowance is borne by the employer, from the salary fund (art. 53 Labor Code).

By way of exception, during the state of emergency, a facility was provided for employers, in the sense that the technical unemployment allowance will be borne from the unemployment insurance budget (art. XI of GEO no. 30/2020[1]).

The facility was provided for the employees of employers who reduce or temporarily interrupt their activity in whole or in part as a result of the effects of the SARS-CoV-2 coronavirus epidemic.

Initially, the facility applied until June 30, 2021 (art. I line. (1) from GEO no. 211/2020[2]). From July 1, 2021, the general rule returned, and technical unemployment allowances were borne by the employer, from the salary fund.

Currently, starting from October 4, 2021, the application of the exception has returned. Therefore, currently, the technical unemployment benefit will be borne from the unemployment insurance budget, not from the salary fund. The measure will apply until December 31, 2021[3].

[1] Emergency Ordinance no. 30/2020 for the amendment and completion of some normative acts, as well as for the establishment of measures in the field of social protection in the context of the epidemiological situation determined by the spread of the SARS-CoV-2 coronavirus

[2] Emergency ordinance no. 211/2020 regarding the extension of the application of some social protection measures adopted in the context of the spread of the SARS-CoV-2 coronavirus, as well as for the amendment of the Government Emergency Ordinance no. 132/2020 regarding support measures intended for employees and employers in the context of the epidemiological situation determined by the spread of the SARS-CoV-2 coronavirus, as well as to stimulate employment growth

[3] Emergency Ordinance no. 111/2021 for the establishment of social protection measures for employees and other professional categories in the context of the prohibition, suspension or limitation of economic activities, determined by the epidemiological situation generated by the spread of the SARS-CoV-2 coronavirus