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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  

Romanian Knowledge Partner

Țuca Zbârcea & Asociații is a full-service independent law firm, employing cross-disciplinary teams of lawyers, insolvency practitioners, tax consultants, IP counsellors, economists and staff members. It also operates a secondary law office in Cluj-Napoca (Romania), and has a ‘best-friend’ agreement with a leading law firm in the Republic of Moldova. In addition, thanks to the firm’s dedicated Foreign Desks, the team provides the full range of services to international investors seeking to gain a foothold or expand their existing operations in Romania. Since 2019, the firm and its tax arm are collaborating with Andersen Global in Romania.

Țuca Zbârcea & Asociaţii is providing legal services in every aspect of business, covering all major areas of practice: corporate and M&A; litigation and international arbitration; corporate tax; public procurement; TMT; employment; insurance; banking and finance; capital markets; competition; healthcare and pharmaceutical; energy and natural resources; environmental; intellectual property; real estate; regulatory legal services.

Țuca Zbârcea & Asociaţii is a First-Tier law firm in all international legal directories and a multiple award-winning law firm both locally and internationally. It received the CEE Deal of the Year Award (DOTY Awards 2021) and the Law Firm of the Year Award: Romania (IFLR Europe Awards 2021). 

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