I LAW no. 275/2022 regarding the rejection of the Government Emergency Ordinance no. 37/2021
for the amendment and completion of Law no. 53/2003 — Labor Code
Published in the Official Gazette no. 961/02.10.2022
Rejects the Government’s Emergency Ordinance which stipulated that, beginning with May 2021, internal regulations and the job descriptions are optional for micro-enterprises with up to nine employees. Thus, the internal regulations and the job description have become mandatory again. The obligation also applies to authorized individuals (PFA), individual enterprises (II) and family enterprises (IF) that have employees.
II CIRCULAR no. 5/2022 regarding the reference interest rate level of the National Bank of Romania
Published in Official Gazette no. 971/05.10.2022
The level of the reference interest rate of the National Bank of Romania raise to 6.25% per year, starting from October 6, 2022, compared to 5.5% per year established starting from September 8, 2022.
III LAW no. 283/2022 for the amendment and completion of Law no. 53/2003 — Labor Code, as
well as Government Emergency Ordinance no. 57/2019 regarding the Administrative Code275/2022 regarding the rejection of the Government Emergency Ordinance no. 37/2021 for the amendment and completion of Law no. 53/2003 — Labor Code
Published in the Official Gazette no. 1013/19.10.2022
It transposes into the Labor Code the provisions of the European Directives and brings additions and changes to the Labour Code, including some new provisions that refer to the framework model of the individual employment contract, to the Internal Regulation and to the introduction of new types of leaves. Find below the most important provisions related to private sector.
1. Changes regarding the provisions of the individual employment contract
The framework model of the individual employment contract
The Labour Inspectorate will make available to employees and employers the new framework model of the individual employment contract, established by the Order of the Minister of Labour and Social Solidarity, by publishing it on the institution’s website. In the situation where the employer does not inform the employee about all the elements provided by this law, he can notify the Labor Inspectorate.
The new provisions that should be included in individual employment contracts refer to:
+ if the work is without a fixed place and takes place in several places, it must be specified whether the employee’s transportation between them is compensated or settled by the employer;
+ regarding the salary, the method of payment must also be expressly mentioned;
+ apart from the normal duration of work, the person will have to be informed about the conditions for performing and compensating/paying overtime and, if applicable, how shift work is organized;
+ in the case of the trial period, it will be necessary to specify the conditions of the trial period, not just its duration;
+ specification of the advantages granted (for example, the support of private medical insurance or contributions for a voluntary/occupational pension);
+ if the activity is to be carried out abroad, the country (or countries) will have to be indicated, in addition to the duration of the work period.
For current employees, who already have individual employment contracts signed on the date of entry into force of Law 283, 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 written request of the employee.
Employees with two or more individual contracts
Law 283/2022 specifies the work schedule for employees with two or more individual employment contracts. According to the law, any employee has the right to work for different employers or for the same employer, based on individual work contracts, without overlapping the work schedule, benefiting from the corresponding salary for each of them.
Two new pieces of information have been introduced that must be included in the internal regulations:
+ rules regarding notice,
+ information regarding the general employee training policy, if any.
According to the new law, 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 fulfilment of this obligation. Making employees aware of the provisions of the internal regulation can be done on paper or electronically, provided that, in the latter case, the document is accessible to the employee and can be stored and printed.
We remind you that the modification of the mandatory Internal regulation is done with the consultation of the employees/employees’ representatives. After the change, the regulation must be brought to the attention of the employees with the possibility of demonstrating the awareness.
3. Information regarding the use of the electronic signature
According to law 283/2022, the information regarding the use of the electronic signature can be included in the internal regulation. Thus, there is no longer the obligation to maintain these provisions in the individual employment contract.
4. New holidays
Two new types of leave are introduced by Law 283/2022, as follows:
+ Carer’s leave is granted at the request of the employee in order to provide personal care or support to a relative or 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, with a duration of 5 working days in a calendar year. Relative means the son, daughter, mother, father or husband/wife of an employee. Serious medical problems, as well as the conditions for granting carer’s leave, are established by joint order of the Minister of Labour and Social Solidarity and the Minister of Health within 30 days from the date of publication.
+ Absence in unforeseen situations determined by a family emergency caused by illness or accident, which makes the immediate presence of the employee indispensable. The employee must inform the employer beforehand, and the duration of the leave cannot exceed 10 working days in a calendar year. The way to recover the period of absence is established by mutual agreement.
5. Individualized work skedules
The employer can establish individualized work skedules 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 request must be motivated, in writing, by the employer, within 5 working days of receiving the request.
IV ORDER no. 1001/2022 of the president of the National Authority for the Protection of Rights Persons with Disabilities regarding the approval of the Instructions for the application of art. 78 para. (2) and (3) of Law no. 448/2006 on the protection and promotion of the rights of persons with disabilities
Published in Official Gazette no. 1031/19.10.2022
Publishes the Instructions for the application of art. 78 para. (2) and (3) of Law no. 448/2006 on the protection and promoting of the rights of people with disabilities. The purpose of publishing the instructions is to regulate the provisions of the mentioned article, which refers to:
+ The obligation of public authorities and institutions, of legal entities, public or private, that have at least 50 employees, to hire disabled people in a percentage of at least 4% of the total number of employees,
+ If they do not employ persons with disabilities in a percentage of at least 4% of the total number of employees, they may opt to fulfill one of the following obligations:
- to pay monthly to the state budget an amount representing 50% of the gross minimum basic salary per country multiplied by the number of jobs in which they did not employ disabled persons;
- to purchase products or services from authorized protected units, on a partnership basis, in an amount equivalent to the amount owed to the state budget under the conditions provided for in letter a).
V EMERGENCY ORDINANCE no. 143/2022 for the amendment of art. 17 of the Government Ordinance no. 25/2014 regarding the employment and posting of foreigners on the territory of Romania and for the modification and completion of some normative acts regarding the regime of foreigners in Romania
Published in Official Gazette no. 1049/28.10.2022
Amends art. 17 of Government Ordinance no. 25/2014 regarding the employment and secondment of foreigners on the territory of Romania.
Employing a foreign worker in a new job at the same or another employer can be made at any time during the validity period of the single permit or the EU Blue Card, based on a new work permit.
In case that no more than one year has passed since the registration of the individual employment contract concluded with the previous employer, taking a new job at another employer can be done based on the written agreement of the previous employer. The agreement must be submitted by the new employer to the General Inspectorate for Immigration.