The Romanian Government assumed its responsibility before Parliament, over a series of changes to the Labor Code. The changes shall enter into force starting 1st of May 2011.
accace presents below the main changes in the Labor Code:
Trial period – the trial period was extended from 30 calendar days to 90 calendar days – for execution position and from 90 calendar days to 120 calendar days – for managerial positions ; the employment can be done successively for several persons for the same position within a period of 12 months;
Amendments to labor agreement – addendums to the labor agreement shall be concluded for any change of the labor agreement, within 20 working days since the amendment was done ;
Notice period – the notice period was extended to maximum 20 calendar days – for execution position and to maximum 45 calendar days – for managerial positions ;
Labor agreement on definite period – the maximum period for the labor contract on definite period of time was extended to 36 months;
Overtime hours– overtime hours must be compensated with paid time off within the next 60 calendar days after the operation;
Vacation – if the employee chooses to split the annual vacation in more than 2 periods, at least one of the periods must have 10 continuous days of vacation;
Internal Regulations – in addition to the old provisions, in the internal rules must be included the criteria and the procedure of the professional evaluation of the employees;
Disciplinary penalties – disciplinary penalties shall be cancelled within 12 months after applied, if the employee is not bound for another disciplinary action within that period. The cancellation of disciplinary sanctions shall be determined by a written decision issued by the employer;
Penalties for the employer - the «black work» is fined with a penalty rising from RON 10,000 to Ron 20,000 for each employee without employment agreement for up to 5 employees without employment agreement and sentence to prison from 1 year to 2 years or criminal fine for more than 5 employees without employment agreement;
Collective Labor Agreements – Collective Labor Agreements and any addendums concluded between the entry into force of the new changes in the Labor Code and up to 31.12.2011 cannot provide validity beyond 31.12.2011. Collective Labor Agreements in force at the approval date of the changes above mentioned, shall take effect until the expiry of the term for which they were concluded.
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