October 2022
The Romanian Labour Code has been substantially amended by the adoption of Law no. 283/2022 [1].
The provisions of the new law address several employment-related areas, notably those related to:
- Mandatory clauses of the individual employment agreement
- The individual employment agreement must also include the following additional terms to the previous regulation, namely:
- if the employee does not have a fixed/ permanent workplace, whether the travel between different workplaces is covered or reimbursed by the employer;
- the clear separation between the basic salary and the other constituent elements of the salary income, the periodicity of the payment of the salary and the method of payment;
- conditions for performing and compensating overtime and, if applicable, the arrangements for organizing shift work;
- the conditions and duration referring to the probation period;
- any benefits to be granted (e.g., private health insurance, additional contributions to voluntary/ occupational pension schemes, under the law), including the financial benefits granted or paid by the employer’s initiative as a result of the employee’s professional activity;
- the rights and conditions regarding the vocational training provided by the employer.
The aspects concerning (i) the collective labor agreement governing the general working conditions, (ii) the procedures regarding the use of the electronic signature, advanced electronic signature and qualified electronic signature and (iii) the right and conditions for professional training granted by the employer are not mandatory to be mentioned in the individual employment agreement, but must be specified in the information provided to the employee prior to the conclusion of the individual employment agreement.
2. Probation period
Under the current regulation, it is expressly stated that no probationary period can be established if, within 12 months, a new individual employment agreement is concluded between the same parties, for the same position and with the same duties.
3. Carer’s leave
- The Law regulates a new type of paid leave – the carer’s leave which is granted to the employees who need to offer support and care to a relative or a person sharing the employee’s household as a result of a serious medical condition;
- The duration of carer’s leave is 5 working days in a calendar year which is not included in the duration of the annual leave and shall represent seniority in work and length of service for establishing the right to unemployment benefits and temporary incapacity allowance;
- At the same time, during this period, employees shall be insured in the health social insurance system without paying the contribution;
- The breach by the employer of its obligation to grant the employees the carer’s leave is sanctioned with fines ranging between RON 4,000 and RON 8,000.
4. Paternity leave
- The employer has the obligation to grant paternity leave at the written request of the employee, in compliance with the provisions of Law 21/1999, regardless of the period of activity performed or the seniority of the employee.
- The breach by the employer of its obligation to grant the employees the paternity leave is sanctioned with fines ranging between RON 4,000 and RON 8,000.
5. Permitted absence from work in case of unforseen situations
In the new version of the Labor Code, it is regulated the right of the employee to take time off work in case of unforeseen situations determined by family emergencies caused by accident or sickness, for a period of maximum ten (10) business days/year, provided that the employer is informed in advance and that the period absent is recovered until the full coverage of the normal working hours.
6. Dismissals
According to the new regulation, dismissals cannot take place during the parental leave, care’s leave and during absence from workplace in unforeseen situation such as family emergency caused by illness or accident.
7. New employee’s rights
- The right of employees, their representatives or trade union members to protection against any adverse treatment on the part of the employer following the lodging of a complaint or the initiation of proceedings for the purpose of ensuring compliance with the rights provided by law is now expressly regulated. If employees consider themselves to be victims of such adverse treatment, they could file to the courts an application in order to obtain compensation, re-establishing or annulment of the previous situation;
- Employees continue to be entitled to perform work for different employers or for the same employer based on multiple employment agreements, without the possibility of overlapping work schedules;
- Employees with at least six-months of length service with the same employer may request a transfer to a vacant position offering more favourable working conditions. The employer will have to provide the employee with a written reasoned answer within 30 days of the receipt of the employee’s request;
- Employees have the possibility to request for an individualised work schedule. The employer will be obliged to respond in writing within 5 (five) business days of the receipt of the request. However, the employee can return to the previous work schedule before the end of the agreed period if the circumstances that led to the establishment of the individualized work schedule have changed.
8. New rules regarding the Internal Regulation
- Regarding the Internal regulation, the following amendments have been made:
- The mandatory minimum content of the Internal Regulation will be supplemented with rules on pre- notice and information on the general training policy of employees (if any);
- The employer is compelled by law to inform each employee of the provisions of the Internal Regulation on the first day of work and to provide proof of compliance with this obligation (from the interpretation of the legal provision it follows that proof of compliance must be concomitant with the first day of work).
- The employer can communicate the Internal Regulation to the employee in electronic format, provided that the document is accessible and can be stored and printed by the employee.
[1] Law 23/2022 for amending and supplementing Law no. 53/2003 (the Labour Code), as well as Government Emergency Ordinance no. 57/2019 regarding the Administrative Code, was publisher in the Official Gazette of Romania no. 1013/19.10.2022, Part I. and entered into force on October 22nd 2022.
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This informative document does not constitute any form of legal advice and should not be used as substitute for specific advice relevant to particular circumstances.
For more details on the topic, please contact Ana-Maria Baciu or Cristiana Prodescu or your regular contact at SIMION & BACIU.