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Romania: New Employment Rules for Microenterprises

Romania: New Employment Rules for Microenterprises

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Law no. 275/2022 to repeal Government Emergency Ordinance no. 37/2021 to amend and supplement Law no. 53/2003 - Labour Code has been published in the Official Gazette of Romania, Part I, no. 961 of 3 October 2022 (“Law 275/2022”).

Based on the provisions of Law 275/2022, as of 6 October 2022, microenterprises with up to 9 employees will no longer be exempted from the obligation to:

- draft and implement an internal regulation; and
- agree with their employees on job descriptions.

Thus, starting on this date, all microenterprises that have chosen to benefit from the applicability of Government Emergency Ordinance no. 37/2021 will now be required to have an internal regulation in place and/or agree on job descriptions with all their employees.

Given the tight deadline for implementation, these new rules will have a significant impact on and be cumbersome for such microenterprises, especially with respect to the job descriptions. While the internal regulation is a unilateral document issued by the employer (regarding which employees are merely consulted), job descriptions are components of the employment agreements; therefore, any amendment to them is subject to both par-ties’ consent.

Consequently, microenterprises that have chosen to either forego agreeing with their employees on job descriptions or remove them from the employment agreements will now have to conclude addenda to the employment agreements to include the job descriptions. Failure to conclude the job descriptions may trigger administrative fines and make it difficult for the employer to exercise its prerogatives as employer (to perform a disciplinary investigation or professional performance assessment, justify a redundancy, etc.).

By Oana Piticas, Senior Associate, and Andrada Popescu, Senior Associate, Noerr