New legislative acts have been adopted with the main objective of making labour relationships more flexible and adapting them to the current socio-economic reality.
On 6th May, 2021, two new emergency ordinances entered into force, namely (i) GEO 36/2021 and (ii) GEO 37/2021.
Adoption of these legislative acts introduces amendments aimed mainly at regulating use of electronic signatures in labour relationships, simplifying conduct of teleworking (including employee training), as well as labour relationships within micro-enterprises. The following amendments apply:
• electronic signatures can now be used in employment relationships;
• employers may now prove completion of employee health and safety at work training in electronic or paper format;
– teleworking is redefined;
– the need to include place(s) of teleworking in individual employment agreements is cancelled;
– checking work done by teleworkers using information technology is now regulated;
– confidentiality for teleworkers is now mandatory;
– changes related to the health and safety training of teleworkers are now in force.
Several changes concern micro-enterprises. Among these, the following should be mentioned:
• a job description is no longer compulsory, and employers can specify job duties to employees verbally but must do so in writing at the written request of the employee;
• records of daily hours worked by employees shall be kept by the employer under conditions agreed with employees in writing;
• internal regulation is not mandatory.
The bnt team in Romania is at your disposal for further information, assistance in implementing the new legal provisions, as well as in drafting necessary documents.
Emergency Ordinance no. 36/2021 on the use of advanced electronic signature or qualified electronic signature accompanied by an electronic timestamp or qualified electronic timestamp and the qualified electronic seal of the employer in the field of labour relations, and for amending and supplementing certain regulatory acts (“GEO 36/2021”);
Emergency Ordinance no. 37/2021 amending and supplementing Law No 53/2003 – Labour Code (“GEO 37/2021”).