Overview

 

THE DEPARTMENT FOR PROPERTY, LABOR, SOCIAL PROTECTION, TAXES AND FEES

 

The complaints mainly concern issues such as:

    • how the reparative property laws are applied;
    • violations of the right to work and social protection of work both by private employers, and by state employers – public institutions or autonomous state management bodies;
    • dissatisfaction with the method of calculating tax decisions on buildings / land / means of transport, refund of taxes for cars and motor vehicles, as well as enforceable titles and foreclosure summons, etc.

 

PROPERTY

The main issues concern infringements of private property rights such as:

    • delay in possession;
    • delaying the issuance / modification of property titles;
    • lack of response from the authorities to the requests made by the beneficiaries of the laws for restitution of the property right;
    • delaying the adoption of solutions by the entities responsible for resolving the applications, in the files established under Law no. 10/2001 regarding the legal regime of some buildings abusively taken over between March 6, 1945 – December 22, 1989, republished, with subsequent amendments and completions;
    • delaying the adoption of solutions in the files that have as object the requests formulated under Law no. 9/1998 on granting compensation to Romanian citizens for assets transferred to the property of the Bulgarian state following the application of the Treaty between Romania and Bulgaria, signed in Craiova on September 7, 1940, republished, with subsequent amendments and completions, as well as Law no. 290/2003 on granting compensations to Romanian citizens for their property, seized, confiscated or remaining in Bessarabia, Northern Bukovina and Hertza region, as a result of the state of war and the application of the Peace Treaty between Romania and the Allied and Associated Powers, signed in Paris on February 10, 1947, as subsequently amended and supplemented.

Complaints received in the field of property generally concern the application of reparative property laws, namely:

    • Law no. 18/1991 on the land fund, republished, with subsequent amendments and completions;
    • Law no. 10/2001 regarding the legal regime of some buildings abusively taken over during the period March 6, 1945-22 December 1989, republished, with the subsequent modifications and completions;
    • Law no. 9/1998 on the granting of compensation to Romanian citizens in respect of properties taken over by the Bulgarian State pursuant to the Craiova Treaty of September 7, 1940, republished, with subsequent amendments and completions;
    • Law no. 290/2003 on granting compensations to Romanian citizens for their property, seized, confiscated or left in Bessarabia, Northern Bukovina and Hertza Region, as a result of the state of war and the application of the Peace Treaty between Romania and the Allied and Associate Powers, signed in Paris on February 10, 1947, as subsequently amended and supplemented;
    • Law no. 165/2013 on the measures for completing the process of restitution, in kind or by equivalent, of buildings abusively taken over during the communist regime in Romania, with subsequent amendments and completions;
    • Law no. 164/2014 on certain measures to accelerate and complete the process of solving the requests made under Law no. 9/1998 on granting compensation to Romanian citizens for goods transferred to the property of the Bulgarian state following the application of the Treaty between Romania and Bulgaria, signed in Craiova on September 7, 1940;

 

Labor and social protection of labor

The complaints received within this subsection concern violations of the right to work and social protection of labor, both by private employers and by state employers – public institutions or autonomous state enterprises. Thus, in the case of complaints concerning private employers, the complainants are directed to address either the materially and territorially competent courts or the territorial labor inspectorates, mentioning that if the territorial labor inspectorates delay or refuse to solve their problems, they can return to the People’s Advocate institution with proof of the steps taken. In case the employers complained of are public institutions or autonomous state enterprises, the People’s Advocate institution, after analyzing the documents submitted by the complainants, depending on the problem, may take steps (both written correspondence with the institutions concerned and investigations).

 

The issues brought to our attention, within this subsection, mainly concern:

    • non-payment of salary rights;
    • decrease of salary incomes as a result of the days of medical leave taken;
    • failure to grant due legal leave;
    • impossibility of obtaining the certificate of seniority for the period worked, because the employing company is in the insolvency procedure;
    • impossibility to obtain the employee certificate;
    • elimination of some bonuses;
    • exceeding the legal program hours, without granting the due compensations by the employers;
    • refusal to extend the fixed-term employment contract;
    • premature termination of a fixed-term employment contract;
    • restricting the right to work;
    • refusal to issue copies of the employment contract;
    • non-granting of salary rights by employers from other countries;
    • manner of organizing competitions for jobs in the public sector;
    • discrimination on the basis of trade union activity;
    • non-recognition as seniority in work of the period in which a person was a paid apprentice and attended a vocational school;
    • refusal to grant parental leave.

 

Taxes and fees

The complaints received within this subsection concern the dissatisfaction of the complainants regarding the way in which the public authorities resolve: issues related to the establishment of taxes and fees, various forms of foreclosure, the application of legal remedies, non-communication of tax documents, etc. In cases where the People’s Advocate can intervene, it takes specific steps (written notification of public authorities, investigations, recommendations and possibly analyzing the opportunity to formulate administrative litigation actions, by sending the proposal to the specialized structure within the institution), and in other cases complainants are directed to go to the competent administrative authority or the court.

 

The issues frequently brought to our attention, within this subsection, mainly concern:

    • the calculation method for the building tax/fee and the land tax/fee;
    • the content of the tax decisions regarding the building tax/fee, the land tax/fee, and the tax on means of transport;
    • taxation of income from salaries obtained abroad;
    • dissatisfaction with the rejection of appeals against tax decisions;
    • enforceable titles and foreclosure summonses;
    • incorrectly informing taxpayers on tax obligations;
    • seizures on accounts and / or salary for natural persons, self-employed persons or legal persons;
    • issuance of certificates by financial administrations;
    • exemption from taxation for certain categories of taxpayers;
    • how to offset tax obligations;
    • special taxes (habitat tax, sanitation tax – natural persons, authorized natural persons, legal entities, parking tax);
    • payment of outstanding amounts of money, as local taxes (land use tax and building tax), amounts on which a legal mortgage was registered in favor of the Romanian State;
    • refusal of local authorities to collect taxes and fees or renew lease contracts, given the existence of unpaid fines;
    • refund of the amounts representing the environmental stamp;
    • the application and declaration of the social health insurance contribution (C.A.S.S.) for certain categories of taxpayers;
    • penalties and accessory penalties for non-payment of the social health insurance contribution;
    • communication / non-communication of fiscal documents.

 

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