In the legal relationship of work established by the labor contract, employees assume, by signing, certain rights and obligations. Smartree appreciates this as a useful recap of the main rights and obligations that employees have in developing such a contract. Among the most important employee rights are:

•  the right to access professional training

The employer shall ensure regularly participation in training programs to the employees. In this case, both, the employer and the employee are interested in having professional training at a level as high as possible. Thus, the Labor Code provides that certain activities can be methods of professional training, such as: attendance at courses organized by the employer or by the providers of training services in the country or abroad, traineeships for vocational adjustment to the requirements of the position, internships and specialization in the country and abroad, organized apprenticeship at work, individualized training or other forms of training.

Also, employees have the right, if they request it, to receive training leave that may be granted with or without pay. In this case, the employer has the option not to grant such a request if it objectively considers that the employee absence would seriously prejudice the effective exercise of the company. In addition, the duration for training is considered the period of actual work, therefore it may not therefore be reduced from annual leave or from work days.

• the right to information

It concerns that employees have the right to be informed, having a legitimate interest in knowing the economic and financial situation of the company for which they are working for. They can appreciate, due to the knowledge, the employment stability. Thus, after signing the individual labor contract, the employer has the responsibility to periodically inform the employee regarding the financial and economic situation of the company. The periodicity of such information is usually set at a 12 months period, after preparing and submitting the financial balance to authorities. Another right that employees have is:

• the right to address requests and complaints to the company management, which can cause issues from the legal work and the employer is obliged to respond within 30 days of their registration date.

In addition to these duties, the employees has the right to remuneration for their work, the right to daily and weekly rest, the right to an annual holiday, the right to dignity in the work process, the right to equal opportunities and equal treatment, the right to health and safety work, the right to protection in case of dismissal, the right to individual and collective negotiation, the right to participate in collective action, the right to act in a union, the right to resign.

The employee should not forget that these rights generates not only obligations for employer, but also, obligations and responsibilities for themselves.

• the obligation to respect working hours or, if necessary, to fulfill duties as job descriptions and procedures in force. This means that the employee will only work for the company’s interest and not for other companies, and the working time should not be used for personal interest.
• employee’s obligation to observe secrecy. Thus, the employee should use the information of the company only for professional purposes, at the work place. Salary, bonuses and any issues related to the salary package as well as those related to the assessment of individual performance are considered as confidential information and the disclosure of sensitive information may be punished by disciplinary and, if necessary, patrimonial.

In addition, the employee is not entitled to use or disclose, either during or after termination of employment, facts or data about clients or suppliers of the employer or thing about company, which would prejudice the interests or reputation of the employer. More specifically, there are prohibited without a prior written consent of the management, the disclosure of sensitive information in public space, harnessing this information in any form, photographing or reproduction of any decisions, agreements, contracts or other work of the company in order to submit them to unauthorized persons, and the same is true for your own sketches or notes. It is also prohibited the transmission of information about events to people outside the company, even if they for the company’s interest.

• duty of loyalty to the employer. The employee should hold back from committing any act or fact which could harm the employer’s interests, either through competition or through lack of discretion regarding confidential information the employee manages through his or her job duties, information which concern the employer and which are technical, economic, managerial, commercial etc. and to which they have permanent or temporary access.

An essential element of the individual labor contract consists of:

• employee’s obligation to respect the rules established by the internal regulations of the employer;
• the obligation to observe labor discipline and rules of technology and occupational safety;
• obligation to respect the safety and health measures of work in unity.

The employees will not unreasonably refuse to fulfill their duties working properly and will not refuse to follow instructions received from superiors, except when they do not conform to the legal or internal regulations of the company, in which case the employee must inform in writing the lead. Also, this obligation requires that the employee will not perform activities that would create a conflict of interest between him and the employer company or exercising other criminal acts that fall under.