The Labor Code has been amended in Romania

Last week Law no. 53/2003 – The Labor Code has been amended with some new provisions for the employers which are already enforceable in Romania. 

Here are the main changes:

1. Companies must formalize the way in which they choose to organize their position of human resources and pay, as follows:

• by assuming by the employer the specific attributions;
• by designating one or more employees to whom to distribute, through the job description, attributions regarding the human resources and salary activity;
• by contracting external services specialized in human resources and payroll, which must be coordinated by an expert in labor legislation.

          Note * In order to implement the new provisions, employers should issue internal decisions to establish the organization of the human resources and salary function, specific to each company.

2. Employers and employees can use a new procedure for the amicable settlement of individual labor disputes - conciliation, as follows:

• conciliation is carried out with the help of an external consultant specialized in labor legislation (lawyer, expert in labor legislation or, as the case may be, mediator specialized in labor legislation);
• the term for contesting the object of the conflict IN COURT is suspended during the conciliation.

Note * If they want to introduce conciliation as a method of amicably settling individual labor disputes, employers must amend individual employment contracts in the sense of introducing a conciliation clause. At the same time, they must provide for the conciliation procedure, including in the internal regulations.

3. Employers and employees have new options to be assisted in the disciplinary investigation, but also in the negotiation, conclusion or modification of the individual employment contract, as follows:

• any of the parties can be assisted by an external consultant specialized in labor legislation in negotiating, concluding or amending the individual employment contract;
• the employer can call on an external consultant specialized in labor legislation to carry out disciplinary research, so he can completely outsource this exercise;
• the employee, in turn, has the possibility to be assisted, within the disciplinary investigation, upon request, by an external consultant specialized in labor legislation (lawyer) or by a representative of the union of which he is a member.

Note * In order to implement the new provisions, employers must review the provisions of the internal regulations, in consultation with the union or the employees' representatives. Also, insofar as they decide to outsource the disciplinary research activity, it will be necessary for the employers to expressly empower the external consultants for this purpose.

Last but not least, considering the principle of good faith and mutual information, employers should consider informing employees subject to disciplinary investigation about their right to be assisted by an external consultant specializing in labor law, according to the new regulations. .

If more information is needed, do not hesitate to contact Grecu & Partners.