Changes to the Labor Code! According to the 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 Code, published in the Official Gazette, Part I no. 1013 of October 19, 2022, a number of new changes have been made to the Labor Code. They came into force on October 22.

Below we present the main changes to the Labor Code:

1) Regarding the content of individual employment contracts and employment relationships

The model of the individual employment contract (“CIM”) will be updated by the Labor Inspectorate, which will make available to employees and employers the framework model of the individual employment contract, established by order of the Minister of Labor and Social Solidarity, by publishing it on the website the institution.

Thus, compared to the previous model, the new CIM will additionally include information regarding the method of salary payment, the conditions for performing and compensating or paying overtime, the methods of organizing shifts, as well as information related to the workplace, respectively if transport costs between different jobs (if applicable) are borne by the employer.

The CIM must also include information regarding the employer’s payment of private medical insurance, optional or occupational pension supplementary contributions, as well as any other rights, when these constitute monetary advantages.

Employees must be informed about the applicable collective labor agreement, the procedure for using the electronic signature and the professional training provided by the employer, but there is no obligation to include specific clauses in the CIM in relation to these matters.

Probationary period: It is forbidden to establish a new probationary period if, within 12 months, a new CIM is concluded between the same parties for the same position and with the same attributions.

At the same time, an employee who has passed the probationary period and has been with the same employer for at least 6 months, can request to move to a vacant position that provides him with more favorable working conditions. The employer must respond to this request by sending the employee a justified response within 30 days.

Multiple employment relationships: Employees may work for the same employer or for different employers on the basis of several CIMs, provided that the work schedules do not overlap.

2) Carer’s leave and absences for unforeseen situations

Carer’s leave: The employer is obliged to grant the employee carer’s leave in order to provide care or personal 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, at the written request of the employee.

The law mentions the fact that “relative” means the son, daughter, mother, father or husband/wife of an employee.
The period of the carer’s leave is not included in the duration of the annual leave and constitutes seniority in work and in the specialty.

Employees who benefit from the carer’s leave are insured, during this period, in the social health insurance system without paying the contribution.

The period of the carer’s leave constitutes a contribution period for establishing the right to unemployment allowance and allowance for temporary incapacity for work granted in accordance with the legislation in force.

Serious medical problems, as well as the conditions for granting carer’s leave, are established by joint order of the Minister of Labor and Social Solidarity and the Minister of Health.

Absents for unforeseen situations: The employee has the right to be absent from the workplace in unforeseen situations, determined by a family emergency caused by illness or accident, which make the immediate presence of the employee indispensable, provided that the employer is informed in advance and with the recovery of the absent period until the full coverage of the normal duration of the employee’s work schedule.

Absence from work cannot last more than 10 working days in a calendar year. The way to recover the period of absence will be established by mutual agreement between the employer and the employee.

When determining the duration of the annual leave, the periods of paternity leave, carer’s leave and the period of absence from the workplace for unforeseen situations are considered periods of performed activity.

Note: the law establishes that the non-granting of the carer’s leave or the non-granting of the paternity leave is sanctioned with a fine from 4,000 lei to 8,000 lei.

3) Additional dismissal prohibitions

The law establishes that it is forbidden to fire employees for exercising their rights.

At the same time, dismissal during paternity leave, carer’s leave or during absence from work for unforeseen situations is prohibited.

Employees who consider that they have been fired for exercising the right to be informed (art. 17 paragraph (3), art. 18 paragraph (1)), the rights to the trial period (art. 31), the rights to carer’s leave, to absence from work for unforeseen situations, paternity leave (art. 152^1, art. 152^2, art. 153^2) and the right to professional training (art. 194 paragraph (2)) can request the employer to present, in writing, additional justifications regarding the grounds on which the decision regarding the dismissal was based.

4) “Flexible way of organizing working time”

The law defines the “flexible way of organizing working time” as representing the possibility for employees to adapt their work schedule, including through the use of remote work formulas, flexible work schedules, individualized work schedules or part-time work schedules reduced work.

The employer can establish individualized work programs 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 a request to establish an individualized work schedule must be motivated, in writing, by the employer, within 5 working days of receiving the request.

5) Other changes

– The internal regulations must include rules regarding the notice period and information regarding the general policy of training employees, if any.

At the same time, the possibility of the internal regulations being brought to the attention of employees in electronic form is specifically regulated.

– The law establishes information obligations and rules related to the organization of work schedules for labor relations that are not based on employment contracts, regulated by special laws.

– For the employee who has employment relationships established prior to the date of entry into force of this law, 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 employee’s written request.