An important modification to the Labor Law in Romania

Our members Grecu & Associates has a department specialized in labor and immigration law. As an important modification to the Labor Law came into force this month, they sent us a short information regarding these modifications:

1. It will be mandatory to transmit new information to candidates and employees and include them in the individual employment contract.

2. The right of employees with a minimum of six months’ experience (with the trial period completed), at the same employer, to request a transfer to a vacant position that ensures more favorable working conditions is regulated as a novelty.

3. A new type of leave is introduced. This is carer's leave, which will be different from another leave recently introduced in legislation for the care of cancer patients. The new leave, with a maximum duration of five working days per year, will have to be granted by the employer when the employee has to care for or support a relative (son, daughter, mother, father or spouse) or a seriously ill person with whom he lives in the same house.

4. Another novelty is the introduction of the possibility for employees to be absent, for a maximum of ten working days per year, in case of family emergencies (illnesses or accidents), but only if the employer is informed in advance.

5. New dismissal bans appear - employers will not be able to fire an employee for exercising certain rights such as requesting to move, after six months, to a vacant position with better conditions, requesting vacation leave or during who is on carer's leave, or absent for family emergencies.

6. An employee will no longer be able to have multiple employers for the same work schedule, which means that overlapping work schedules for different employers will no longer be allowed.

7. Changes regarding Internal Regulation. The new Law obliges employers to add into the internal regulations (IR) information about notice, dismissal or resignation, as well as the general policy of professional training if it exists. In addition, it will be established that the regulation will have to be brought to the attention of new employees (in printed or electronic format) from the first working day (so far there is no concrete term in this regard) and that the employer will have to be able to prove the fulfillment of this obligation. We remind you that in the absence of notification, the Internal Regulation cannot produce its effects towards.