Romania: New legislative changes in employment relations

Through recent legislative acts, a various number of changes referring to labour relations have been adopted, including the following:

Following the adoption of Order No. 585/2020 amending and supplementing the template-framework of the individual employment agreement, provided in the Annex of Order No. 64/2003 issued by the Minister of Labour and Social Solidarity, new obligations for employers have been introduced in the template-framework of the individual employment agreement:

  • The obligation of micro-enterprises to include in the individual employment agreement a brief description of the employee’s activity, the job description being not mandatory in this specific case;
  • The obligation to inform employees of their obligation to adhere to a privately managed pension fund.

The above mentioned obligation applies only to employees aged up to 35 years, who contribute to the public pension system, except for employees in the construction area who meet the conditions provided in Article 60, paragraph 5 of Law No. 227/2015 on the Fiscal Code, the latter being excepted from this obligation until 31st of December 2028.

  • Amendments regarding the use of electronic signatures in employment relations and the conduct of the health and security training

Following the entry into force of Law No. 208 of 21st of July 2021 approving the Government Emergency Ordinance No. 36/2021 on the use of advanced electronic signature or qualified electronic signature accompanied by electronic time stamp or qualified electronic time stamp and qualified electronic seal of the employer in the field of labour relations and amending and supplementing certain normative acts (“Law 208/2021”), the following changes have been performed regarding the use of electronic signature in labour relations:

  • The employer and the employee may opt to use the advanced electronic signature or qualified electronic signature when concluding, amending, suspending or, where applicable, terminating the individual employment agreement, the electronic time stamp or qualified electronic time stamp and the employer’s qualified electronic seal being no longer required;
  • The employer may also opt for the use of a simple electronic signature for signing all labour documents resulting from the conclusion of the individual employment agreement, its execution or upon its termination, under the conditions established trough the internal regulation and/or the applicable collective labour agreement, according to the law.
  • The employer has the possibility to support the expenses for the acquisition of the advanced electronic signatures or qualified electronic signatures used to sign labour relations/labour safety and health related documents, which are deductible expenses for tax purposes;
  • It is expressly provided that the competent control bodies must accept, for verification and control purposes, individual employment agreements and/or additional acts, as well as the documents in the field of labour relations/labour safety and health concluded in an electronic form, with an electronic signature, without requiring them to be in a physical paper form.
  • The employees health and security training can be carried out during working hours, either inside or outside the company and/or establishment, or online.

The proof that such training has been completed may be realized: (i) in electronic format, in which case the training proof must be signed by electronic signature, advanced electronic signature or qualified electronic signature, or (ii) physical paper format, depending on the method chosen by the employer, as determined through the internal regulation.

  • Paid leave for vaccinated employees

Following the entry into force of Law No. 221/2021, supplementing Law No. 55/2020 on measures to prevent and combat the effects of the COVID-19 pandemic, employees who are vaccinated against COVID-19 are entitled, on request, to one day’s paid leave, which is not included in their rest leave, for each dose of vaccine, based on of the vaccination certificate issued in accordance with the law.

The above mentioned right does not apply to employees vaccinated at work through the employer.

This above mentioned right it is also granted to one of the parents or to the legal representative of the child up to the age of 18, as well as of the disabled person up to the age of 26, on the vaccination day of the child/disabled person, based on specific supporting documents.

It is relevant to mention that, in order not to significantly affect the employer’s activity, employees have the obligation to inform the employer on the scheduling options for the leave days they are going to request, to ensure the functioning of the employer’s activity in optimal conditions.

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bnt Gilescu Văleanu & Partners team is at your disposal both with regard to the implementation of the new legislative changes as well as for any other details and additional information.

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