New regulations in the field of labor legislation. The conditions for granting carers’ leave have been published, as well as the amendments brought by the new law of social dialog. We present you the complete information:

A) Regarding the granting of carer’s leave

The Order no. 2172/2022 regarding the granting of carer’s leave, published in the Official Gazette no. 1241 of December 22, 2022, regulates a number of conditions regarding the granting of carer’s leave, in particular regarding the documents that the employee must present to prove:

– the fact that the person to whom the requesting employee provided care or support is a relative or a person who lives in the same household as him;

The documents proving that the person to whom he provided care or support is a relative according to art. 153^1 para. (4) from Law no. 53/2003 – Labor Code, republished, with subsequent amendments and additions are, as the case may be, the identity document, birth certificate, marriage certificate.

The documents proving that the person to whom he provided care or support lives in the same household as the employee are, as the case may be, the identity document of the person requiring care that shows the same domicile or residence as the employee, the document by which the person was taken in the space, the certificate from the association of owners/tenants or the employee’s self-responsible declaration from which it can be concluded that the person to whom the employee provided care or support lives in the same household with him at least during the period of care leave.

– the existence of the serious medical problem that determined the request for carer’s leave by the employee.

The medical document proving the existence of the serious medical problem will be represented by the hospital discharge ticket or, as the case may be, the medical certificate issued by the attending physician or the family doctor of the person with serious medical problems.

Also, attached to the new Order is the list of serious medical problems on the basis of which the employee can request carer’s leave, which we attach as Annex 1 hereto, in Romanian language.

B) Regarding the new Law of Social Dialogue

The Law no. 367/19.12.2022 regarding Social Dialogue, published in Official Gazette no. 1238 of December 22, 2022, brings numerous changes in the regulated field, which require a case-by-case analysis to determine the concrete impact in practice.

Among the most important changes and novelties in this regard, we mention (grouped below, by reference to the main regulatory categories):

a) Information/consultation

The new law places particular emphasis on new obligations to inform and consult employees/workers (represented according to the new provisions) regarding aspects such as:

– the recent evolution and probable evolution of the company’s activities and economic situation;

– decisions that may lead to important changes in the organization of work, in contractual relations or in labor relations, including, but not limited to: situations of company transfer, acquisitions, mergers, collective layoffs, closures of production units, etc. ;

– if there are no trade union organizations at the unit level, at least once a year, the employer will have to organize a public information session on the rights of employees, at the request of the trade union federations, in accordance with the law.

b) Employee representatives

At the level of employers with at least 10 employees/workers, the interests of employees can be promoted by electing employee representatives, if there is no union (currently, the Labor Code provides for such a possibility for employers with more than 20 employees).

A whole new chapter is introduced on the representation of employees/workers, with the idea of ​​a more concrete regulation of this aspect, providing for the possibility of the employer to facilitate the process of choosing them.

At the level of the employer where there is no trade union, the employees/workers can constitute an initiative group that elaborates the procedures and/or the regulation for carrying out the election of the representatives of the employees/workers. The procedures and/or regulations for holding the elections are communicated to the employer, who has the obligation to inform all the employees/workers of the unit about the content of the procedures and/or regulations for the election of employee representatives within no more than 10 days after receipt. workers.

The employee representatives will be elected by the vote of at least half plus one of the total number of employees, with a mandate of no more than two years. ; their number is determined by the joint agreement of the employees/workers with the employer, however, if the agreement is not reached, the number of elected representatives of the employees/workers cannot be greater than:

i) 2 representatives, for employers with less than 100 employees/workers;

ii) 3 representatives, for employers who have between 101 and 500 employees/workers;

iii) 4 representatives, for employers who have between 501 and 1,000 employees/workers;

iv) 5 representatives, for employers who have between 1,001 and 2,000 employees/workers;

v) 6 representatives, for employers with over 2,000 employees/workers.

c) Collective bargaining

Collective bargaining becomes mandatory at the level of units with at least 10 employees/workers (compared to a minimum of 21 employees, as currently stipulated), as well as at the collective bargaining sector level. Certain changes are foreseen regarding the term for triggering collective bargaining in the event of the expiration of the existing collective labor agreement, as well as regarding the duration of collective bargaining.

New provisions are introduced regarding the representation of the parties to collective negotiations; as a novelty for employees, they will also be able to be represented by non-representative unions, as appropriate and under the conditions of the law.

d) Collective labor contracts

Indicative elements are provided for the content of the collective labor agreement (without affecting the principle of contractual freedom) – e.g., measures regarding the harmonization of family life with professional objectives, working time and rest time.

The possibility of concluding the collective labor contract at the national level is reintroduced.

Certain changes are introduced regarding the conclusion and registration of the collective labor agreement (e.g., under certain conditions, the possibility of registration without the signature of all participants in the negotiation).

The territorial labor inspectorates will have the obligation to issue, upon request, a copy in electronic format of the collective labor agreement concluded at unit level, as well as any additional act to it, to any employee/worker of the respective unit who has made a request in this regard.