Law no. 53/2003 - Labour Code (the “Labour Code”) will be amended by Law no. 283/ 2022 for amending and supplementing Law no. 53/2003, as well as by Government Emergency Ordinance no. 57/2019 regarding the Administrative Code, which was published in the Official Gazette of Romania, Part I, no. 1013 of 19.10.2022 (“Law 283/ 2022”).
Law 283/2022 enters into force on 21 October 2022 and provides for a series of significant amendments regarding employment relationships that are based either on employment agreements or governed by special laws in the private or public sector.
Some of the most important amendments in respect of employment relationships based on employment agreements relate to the following matters:
1. Additional information for candidates and employees
In addition to the information currently provided by employers to candidates or employees, employers will have to inform them with respect to the following:
a) if the employee does not have a fixed work location, whether the travel between different workplaces is covered or reimbursed by the employer;
b) the means for paying the employee’s salary;
c) conditions for performing and compensating overtime and organizing shifts, where applicable;
d) the requirements related to the probation period;
e) the benefits in cash or in kind to be granted (e.g., private health insurance, additional contributions to voluntary/ occupational pension schemes);
f) the rights and conditions regarding the vocational training provided by the employer.
The aforementioned provisions must be also included in the employment agreement.
2. Limitation on the right to perform work under multiple employment agreements
Employees continue to be entitled to perform work for different employers or for the same employer based on multiple employment agreements, however without the possibility of overlapping work schedules.
3. Additional rights for employees who have been with the same employer for at least six months
Employees with at least six-months of service with the same employer may request a transfer to a vacant position offering more favourable conditions. The employer will have to provide the employee with a written answer (with reasons) within 30 days of the receipt of the employee’s request.
4. Individualised work schedule for all employees
An individualised work schedule may also be established for a limited period of time, including for employees on carer’s leave.
If the employee requests an individualised work schedule, the employer will be obliged to respond in writing (giving reasons) within five business days of the receipt of such request.
Furthermore, if the individualised work schedule is of a limited duration, the employee will be entitled to return to the original work schedule:
- upon expiry of the agreed period;
- prior to the expiry of the agreed period, if the circumstances which led to the establishment of the individualised schedule have changed.
5. New days off for employees
Employees will benefit from the following days-off:
a) Five business days per year of carer’s leave, namely the leave granted if the employee has to offer care or personal support to a relative (child, mother, father, spouse) or an individual with whom they live in the same household and who has a serious medical condition. Failure to observe this obligation may trigger an administrative fine of up to RON 8,000 (approx. EUR 1,600).
b) Ten business days per year for unforeseen situations determined by a family emergency caused by illness or accident, which make the immediate presence of the employee indispensable. Such days off work are granted provided that the employer was informed in advance and the employee makes up for the period of absence. The manner in which the absence period is made up for will be established by an agreement between the employer and the employee;
c) paternity leave in accordance with the provisions of Law no. 210/1999, irrespective of the period in which the employee’s activity has been carried out or the length of service. Failure to observe this obligation may trigger an administrative fine of up to RON 8,000 (approx. EUR 1,600).
Such days off are considered periods during which work was performed when computing the number of annual leave days.
6. New rules regarding the Internal Regulation
In addition to the current provisions, the Internal Regulation has to include the following:
a) rules regarding the notice period;
b) information related to the general policy on vocational training, if any exists.
The employer has to inform each employee regarding the provisions of the Internal Regulation on their first day of work and provide evidence of this. The Internal Regulation may be communicated to the employee in paper or in electronic form, provided that, in the latter case, the document is accessible to the employee and can be stored and printed by them.
By Oana Piticas, Senior Associate, and Andrada Popescu, Senior Associate, Noerr
