New amendments to the Labour Code

Law no. 283/2022 amending and supplementing Law no. 53/2003 - Labour Code and Government Emergency Ordinance no. 57/2019 on the Administrative Code (“Law 283/2022”)was published in the Romanian Official Gazette no. 1013 dated 19 October 2022 and entered into force on 22 October 2022.

Law 283/2022 transposes Directive (EU) 2019/1152 and Directive (EU) 2019/1158. The following is a summary of the main changes.

The individual employment contracts will include new mandatory elements:

• Information regarding the facilitation of transportation or reimbursement of expenses for transport between different workplaces, for the employees that do not have a fixed place of work;
  
  
• the salary payment method;
  
  
• the conditions for the performance and compensation or payment of overtime and, if the case, how work in shifts is organized;
  
  
• the manner the employer shall pay the employees the private medical insurance, additional voluntary pension contributions or occupational pension contributions, or grant the employees benefits in cash due to their professional activity.

Other elements are removed:

• information regarding the applicable collective bargaining agreement;
  
  
• procedures for the use of electronic signatures.

Within 30 days from the date of publication of Law 283/2022 in the Official Gazette, a new standard template of individual employment contract will be issued by the Ministry of Labour and Social Protection.

New rights for employees are introduced

Employees will not be subject to a new trial period if, within 12 months, they conclude a new employment contract with the same employer for the same job and with the same duties.

Employees will have the right to request to be transferred on a vacant job position with more favourable working conditions if they completed the trial period and have a seniority of at least six (6) months within the same employer.

Employees may be absent from work in unexpected situations caused by a family emergency due to an illness or accident, for a maximum of 10 working days in a calendar year. 

Employees cannot be dismissed during paternity leave, carers` leave or during absence from work as mentioned above.

Carers` leave is introduced

The employee who provides personal care or support to a person with a serious medical condition living in the same household as the employee, has the right to a carers’ leave of 5 working days in a calendar year, upon its written request.

Failure to grant this leave may be sanctioned with a fine between RON 4,000 (approx. EUR 800) and RON 8,000 (approx. EUR 1,600).

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