New updates have been annouced on the Romanian Labour Code. On 19th October, the Law no. 283/2022 for the amendment and completion of Law no. 53/2003 regarding the Labor Code, and of Government Emergency Ordinance no. 57/2019 on the Administrative Code has been published in Part I of the Romanian Official Gazette no. 1013. This law entered into force on 22.10.2022.
This law was adopted as a result of the need to transpose Directive (EU) 2019/1.152 on the transparency and predictability of working conditions in the European Union and Directive (EU) no. 2019/1.158, regarding the balance between the professional and private life of parents and carers and for repealing Council Directive 2010/18/EU.
Compared to the current provisions, the employer must provide additional information to future employees, as follows:
- if the employee’s activity is not carried out in a fixed workplace and is carried out in several places, it must be specified whether the person’s movement between them is insured or settled by the employer;
- the constituent elements of salary income must be highlighted separately with the express indication of the salary payment method;
- the conditions for performing and compensating/paying overtime and how shift work is organized must be clearly stated;
- regarding the trial period, its conditions will have to be specified, as opposed to just the duration;
- the right and conditions regarding professional training offered by the employer;
- if the employee’s activity will be carried out abroad, the country or countries will have to be specified, in addition to the duration of the work period;
- identification of the perks offered by the employer (for example, private medical insurance, the bearing of additional contributions to the employee’s optional pension or occupational pension, as well as the granting, at the initiative of the employer, of any other rights, when they constitute advantages in money granted or paid by the employer to the employee as a result of his professional activity).
The information must also be stated in the individual employment contract. There are a few exceptions to this rule, such as: the right and conditions regarding the professional training offered by the employer, the indication of the collective employment contract that regulates the employee’s working conditions, as well as the procedures regarding the use of the electronic signature, the advanced electronic signature and the qualified electronic signature.
In the event that the employer does not inform the person selected for employment or the employee about all the elements provided by the law, the latter is entitled to notify the Labor Inspection, as well as the competent court in order to obtain compensation corresponding to the damages he suffered as a result of non-fulfillment by the employer of said obligations.
For the person who is already employed before the date of entry into force of Law no. 283/2022, additional information regarding the conditions applicable to the employment relationship shall be communicated by the employer, upon request, within a maximum of 30 working days from the date of receipt of the employee’s written request.
New rights for the employees
- The employee who has been with the same employer for at least six months and has completed the probationary period, has the right to request a transfer to a vacant position that provides him with more favorable working conditions, the employer being obliged to provide a motivated and written answer to the request, within 30 days of receiving it.
- The right to carer’s leave in order for the employee to provide personal care or support to a relative (husband, wife, mother, father, son, daughter) or to a person who lives in the same household as the employee and who needs care or support as a result of a serious medical problem lasting 5 working days in a calendar year.
- Serious medical problems, as well as the conditions for granting carer’s leave, are established by a joint order of the Minister of Labor and Social Solidarity and the Minister of Health.
- The employee’s right to be absent from work, for a maximum of ten working days per year, in case of unforeseen situations, determined by family emergencies (illnesses or accidents), provided that the employer is informed in advance and with full recovery , by mutual agreement, the absentee period.
- Paternity leave, carer’s leave and absences for family emergencies, presuppose activity carried out by the employee and will not affect rest leave.
The rights acquired by the employee prior to the holidays provided for by art. 51 para. (1), of carer’s leave or absence from work in case of family emergencies, are maintained for the entire duration of the leave, respectively the period of absence.
The employer can establish individualized work programs for all employees, including those who benefit from carer’s leave, with their consent or at their request, which may have a limited duration. Any refusal of the employee’s request must be motivated, in writing, by the employer, within 5 working days of receiving the request
- It is forbidden to establish a new trial period if, within 12 months, a new individual employment contract is concluded between the same parties for the same position and with the same attributions;
- It is forbidden to fire the employee during paternity leave and carer’s leave or during absence from the workplace in case of family emergencies.
- It is prohibited to fire the employee for exercising the rights provided for in art. 17 para. (3), art. 18 para. (1), art. 31, art. 39 para. (1), art. 85 and art. 194 para. (2), for example requesting to move to a vacant position that provides more favorable working conditions, etc.
The employee who believes that he was fired for exercising various rights regulated by law, may request the employer to present, in writing, the reasons on which the decision regarding his dismissal was based.
The internal regulation
In addition to the categories of provisions previously established by the old regulation, the Internal Regulations will have to include the rules regarding notice and information regarding the general policy of employee training, if any.
The employer has the obligation to inform each employee of the provisions of the internal regulation, on the first day of work, and to prove the fulfillment of this obligation.
Making employees aware of the provisions of the internal regulation can be done on paper or in electronic format, provided that, in the latter case, the document is accessible to the employee and can be stored and printed by him.
The internal regulation produces its effects towards the employee from the moment of his acknowledgement.
The framework model – individual employment contract
The Labor Inspectorate will make available to employees and employers the framework model of the individual employment contract, established by order of the Minister of Labor and Social Solidarity, by publishing it on the institution’s website.
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