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The Force of the Right party on Thursday applied to the Ombudsman, seeking a constitutional challenge to the Government's Ordinance No. 16/2022 amending and complementing Law No. 227/2015 on the Tax Code, repealing certain regulatory acts and providing for other financial and fiscal measures, the party said in a statement.
The Force of the Right argues that the over-taxation of part-time contracts violates the constitutional right to work, as it increases the employer's tax burden, which could result in the termination of these employment contracts.
"The persons who can afford to work only under this legal form will no longer easily find a job. Also, this is in breach of the principle of the fair distribution of the tax burdens and of the principle of equality before the law," the statement reads.
As regards the regulation of the activity of micro-enterprises and the tax regime applicable to them, the representatives of the Force of the Right maintain that the ordinance restricts the right to free access to carrying out an economic activity, respectively to free initiative.
"Just like the other private companies, the micro-enterprise must have the freedom to organize its activity the way it considers it best achieves its goals," they reason.
Also, the party maintains that the new provisions regarding the taxation of income from freelance activities and from intellectual property rights violate the principle of equality before the law, as well as the principle of the fair sharing of tax burdens.
"Social insurance contributions and health insurance contributions must be paid according to the income actually collected, not according to subjective thresholds, established without any intrinsic justification," the Force of the Right argues.
The party representatives also point out that the ordinance was issued in disregard of the constitutional prohibition to regulate within the scope of organic laws, as well as in clear violation of the provisions of the Constitution that stipulate that the duties of citizens cannot be affected by ordinances. AGERPRES
