New changes to the Labour Code

The flexible way of organizing working time enables employees to adapt their work schedule, including through the use of remote work formulas, flexible work schedules, individualized work schedules or work schedules with reduced working time. 

The newly amended Labor Code provides for the employee's right to be absent from the workplace for unforeseen and urgent situations, determined by a family emergency caused by illness or accident.

The newly amended Labor Code specifies that the employee has the right to request a transfer to a vacant position at the same employer that provides him with more favorable working conditions under certain circumstances.

The newly amended Labor Code provides that employees have the right to work for different employers or for the same employer, based on employment contracts, without overlapping work schedules.

At the same time, any adverse treatment, including as a reaction to the complaint or notification to the competent bodies, and not only to the legal action regarding the violation of legal rights or the principle of equal treatment and non-discrimination, as it was, is considered victimization in labor relations previously provided for in the Labor Code.

The Labor Code regulates the conditions for granting carer's leave to employees in order to provide care support to people who suffer from serious health problems and who live in the same household as the employee, for a duration of 5 working days in a calendar year, upon written request of the employee.

The newly amended Labor Code specifies the conditions for granting paternity leave, at the written request of the employee, in compliance with the provisions of Law no. 210/1999.

Dismissal of employees cannot be ordered during:

The new law also amended art. 17 of the Labor Code regarding employee information. Thus, the person who is to be employed will have to be informed, inter alia, on certain new elements like the conditions for performing and compensating or paying overtime, as well as, if necessary, on the ways of organizing shift work, salary payment method, etc.

According to the new amendment, the internal regulation must be acknowledged by the employee on the first day of work. The employer also has the obligation to prove the fulfillment of this obligation. 

The legal template of the individual employment contract ("CIM") will be updated by the Labor Inspectorate, within 30 days of the entry into force of this law amendment. Thus, compared to the previous template, the new CIM will additionally include information regarding the way of paying the salary, the conditions for performing and compensating or paying overtime, the ways of organizing shifts, etc.