Update following the issuance of the Military Ordinance No 3 dated 24 March 2020:
- The time period in which leaving the house is restricted has been extended to full day;
- Special rules apply to persons older than 65 years;
- Compared to the previous Military Ordinance, the new Military Ordinance slightly amends the exceptions from the restriction to leave the house, including also some new cases to deal with the persons working in the agricultural field;
- The drafting of the new Military Ordinance may be interpreted in the sense that in case of travel for professional interest by employees, only a certificate issued by the employer can be presented (as opposed to the possibility to use also an affidavit as per the previous Military Ordinance);
- It is clarified that the certificate issued by the employer/ the affidavit can be also in electronic format.
23 March 2020
Following the entry into force of the Military Ordinance No 2 dated 21 March 2020 (the Second Military Ordinance), leaving the house between 10 PM and 6 AM is allowed only for certain specific reasons (which are expressly listed by the Second Military Ordinance). Such reason should be recorded in an affidavit issued by the person which travels and/or a certificate issued by his/her employer and presented to the competent authorities in case of a control. Templates of the affidavit and of the certificate were made available by the Group for Strategic Communication.
Below are the first questions that an employer and its employees should ask:
1. Are both the affidavit and the certificate requested?
No. The Second Military Ordinance is very clear on this, the documents are alternative and not cumulative (the legal provision uses “or” when listing these documents).
2. Is the template of the affidavit/certificate provided by the Group for Strategic Communication mandatory?
It shouldn’t be. We are not aware of any legally binding document imposing the model published. However, the information available on different websites of the relevant authorities suggests that the template should be strictly followed. Strictly from a legal perspective, for the moment, such remains in our view just a recommendation and cannot be considered a binding obligation.
3. Is there any downside in using the template?
There are certain inconsistencies between the template of the affidavit, the template of the certificate and the actual provisions of the Second Military Ordinance in what concerns the “travel for professional purposes” exception.
The Second Military Ordinance simply provides that “travel for professional purposes” is permitted, the affidavit makes reference only to “travel between home and work, when the professional activity is essential and cannot be organized as work from distance or travel for professional purposes which cannot be delay”, while the certificate makes reference only to “travel between home and work, when such is essential for the activity of the organization and cannot be organized as work from distance”.
Considering these discrepancies, one would expect that in certain circumstances the companies/workers will decide to derogate from the template provided (without exceeding however the scope of the exception included in the Second Military Ordinance) in order to ensure that what is declared is fully compliant with the reality instead of simply using the template which, in some case, may not be fully applicable.
*This ePublication is provided by Radu Taracila Padurari Retevoescu SCA and is for information purposes only. It does not constitute legal advice or an offer for legal services. The distribution of this document does not create an attorney−client relationship. If you require advice on any of the matters raised in this document, please call your usual contact at Radu Taracila Padurari Retevoescu SCA at +40 31 405 7777.