Comprehensive reform of existing labour law
On 22.10.2022 the new Law 283/2022 amending and supplementing the existing Law 53/2003 entered into force. It is a very comprehensive reform of the existing labour law.
These adjustments were necessary, among other things, to meet the requirements of the new EU Directive on transparent and reliable working conditions (EU Directive 2019/1152 – Working Conditions Directive).
The main changes
- certain mandatory information must be provided to the employee upon recruitment, e.g. on the probationary period or the conditions for vocational training
- the mandatory minimum provisions for individual employment contracts and the rules of procedure have been amended, e.g. with regard to information on the duration of the probationary period, the composition and amount of remuneration or the shift system.
With these amendments, the Romanian Labour Code complies with the requirements of the EU Working Conditions Directive, which has been implemented in Germany, for example, through the reformed Law on Evidence.
In addition, workers’ rights and entitlements have been strengthened by:
- the introduction of new types of leave and special leave, i.e. care leave, paternity leave and the possibility to take up to 10 days of paid leave for family emergencies
- new rules on protection against dismissal for workers. For example, dismissal is inadmissible during the aforementioned periods of leave and time off, or for exercising statutory rights
- changes regarding flexible and individualised working hours
- new rights for employees, e.g. every employee has the right to request a transfer to a better position after the end of the probationary period and at least 6 months of employment with the company
Employers need to take action as a result of these changes:
- the templates for individual employment contracts must be adapted. The Romanian Ministry of Labour is expected to publish a new guideline on this in 2022.
- the internal regulations and guidelines must be adapted accordingly
- Employees’ enquiries about the new rights must be answered in writing within 30 working days.
Employers are therefore strongly advised to issue an information leaflet on the newly applicable rights for existing employment relationships. This is not obligatory, but it is much more efficient than answering individual enquiries and also provides legal certainty, as the obligation to follow up and provide evidence can be fulfilled at any time.
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