Amendment to law on social dialogue and to the Labour Code

Local contact

EY Romania

16 Nov 2021
Subject Tax Alert
Categories Corporate Tax
Jurisdictions Romania

Law no. 269/2021 for the amendment of Law no. 62/2011 on social dialogue and Law no. 53/2011 - Labour Code was published in the Romanian Official Gazette no. 1076 of 10 November 2021.

The legislative change enters into force as of 13 of November 2021.

The following is a summary of the main legislative changes:

Amendment to the law on social dialogue

The provision under the law on social dialogue that allowed employees to challenge in court the employer`s unilateral measures related to the execution, amendment, suspension, or termination of the individual employment agreement, including commitments to pay certain amounts of money, within 45 calendar days from the date on which they became aware of that measure, was repealed.

Amendments to the Labour Code

The provisions repealed under the law on social dialogue are introduced in the Labour Code replacing a text with which they were in contradiction and which allowed employees to challenge in court the employer`s unilateral decision related to the conclusion, execution, amendment, suspension, or termination of the individual employment agreement, within a different term, namely within 30 calendar days from the communication date.

Thus, the old controversy between the articles of the two normative acts that provided different time limits for challenging the measures ordered by the employer is ended. 

For more information, please contact Băncilă, Diaconu și Asociații SPRL team.

 

Prepared by:

  • Cucoaniș Cristina - Associate, Băncilă, Diaconuu și Asociații  SPRL

For additional information, please contact:

  • Radu Diaconu - Managing Partner, Băncilă, Diaconu și Asociații SPRL
  • Anca Atanasiu - Managing Associate, Băncilă, Diaconu și Asociații SPRL