President Klaus Iohannis on Tuesday signed the decree on the promulgation of the Law on the modification and completion of the Labour Code, the Presidential Administration announced through a release.
On December 3, 2014, the Deputies Chamber adopted, in its capacity as the decision-making body, the Law on the modification and completion of the Law No.53/2003 – the Labour Code. However, on December 10, the Liberals filed a constitutional objection to the CCR [Constitutional Court of Romania] in relation to some of the stipulations of this normative act.
‘First of all, the Law in cause breaks the provisions of article 148 of the Romanian Constitution, by the incorrect transposing of the Temporary Agency Work Directive 2008/104/EC. The Law in its current form doesn’t take into account the specific of the activity of the temporary employment agencies that provide staffing not only in Romania, but also abroad, through secondment, while creating thus, by using the notion of salary instead of remuneration or income that is, the premises for the destruction of more than 100,000 jobs offered by approximately 300 temporary employment agencies and, ultimately, of an activity field,’ the Liberal Deputies’ mouthpiece specified at that time.
She mentioned that the law violates the right to property of the employer, which is guaranteed by the Constitution.
The Liberal Deputies’s spokesperson showed that the parliamentary group of the PNL [National Liberal Party] asked the Constitutional Court to declare the unconstitutionality of the provisions of paragraphs (3) and (4) of the article 92, but also the provisions in the paragraph (2) and (4) of the article 145 of the Law on the modification and completion of the Law No.53/2003 – the Labour Code.
On December 17, 2014, the Constitutional Court of Romania rejected PNL’s challenge concerning some provisions of the law for the modification and completion of the Law No.53/2003 – the Labour Code