On 20 February 2026, GEO No. 6/2026 entered into force, amending and supplementing Law No. 200/2006 on the Establishment and use of the guarantee Fund for the payment of salary claims.
The new provisions are aimed at strengthening employee protection mechanisms in cases of employer insolvency and streamlining the procedures for accessing the Guarantee Fund.
Below is a brief overview of the main amendments:
- Extension of the scope of guaranteed salary claims
The categories of salary rights that may be covered by the Fund are clarified and, where applicable, expanded to include certain allowances and compensations provided under collective or individual employment agreements.
- Simplified application procedure
Clearer deadlines have been introduced for submitting applications and for their resolution by the territorial employment agencies, with increased focus on digitalization.
- Alignment with insolvency legislation
The provisions are harmonized with the procedures regulated by Law No. 85/2014 on the prevention of insolvency and insolvency proceedings in order to avoid inconsistent interpretations.
- Differentiated Guarantee Cap
The total amount of salary claims covered by the Guarantee Fund may exceed the equivalent of 5 average gross salaries per employee, without exceeding the equivalent of 12 average gross salaries per employee for economic operators classified as being of strategic interest by Government decision.
For employers against whom preventive composition proceedings have been opened, the total amount of salary claims covered by the Fund may not exceed the equivalent of 6 average gross salaries per employee in the case of economic operators classified as being of strategic interest by Government decision.
- Obligation to Reimburse the Amounts
Employers are required to reimburse the amounts paid from the Guarantee Fund within 6 months from the court decision closing the insolvency or preventive composition proceedings.
The new provisions require employers to pay increased attention to financial exposure and procedural compliance, making it necessary to carefully assess the impact on internal HR and finance policies and procedures.
