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Reintroduction of the job description and the internal regulation obligation for microenterprises in Romania | News Flash

October 6, 2022
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On 03.10.2022 was published in the Official Gazette Law no. 275/2022 on the rejection of Government Emergency Ordinance no. 37/2021 for the amendment and completion of Law no. 53/2003 – Labour Code.

The amendments brought by GEO 37/2021 to the Labor Code in the case of microenterprises, as defined by law, refer to:

  1. eliminating the obligation to prepare the job description at the conclusion of the employment contract;
  2. the possibility to agree with the employer by written agreement on the way to keep track of the hours worked;
  3. elimination of the obligation to draft the internal regulation.

In accordance with art. 115 para. (8) of the Constitution, microenterprises have benefited from the provisions and exceptions established by GEO 37/2021 from 06.05.2021 until Law 275/2022 enters into force, i.e. until Thursday, 06.10.2022.

In conclusion, our recommendation for microenterprises is to take into account the provisions of the Labor Code before the amendments brought by GEO 37/2021, respectively those regarding the drafting of the employees’ job descriptions and the internal regulation of the company.

These documents not only become mandatory again for microenterprises, but are also extremely useful in documenting labour relations in aspects such as job duties, additional rights granted to employees, disciplinary procedures for non-compliance with obligations by employees, dismissals for professional inadequacy, etc. The lack of these documents may attract fines from competent authorities.

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