Starting with October 22, 2022, the Romanian Law no. 283/2022 entered into force in Romania for amending and supplementing the Law no. 53/2003 – Romanian Labor Code, as well as the Romanian Government Emergency Ordinance no. 57/2019 on the Romanian Administrative Code, and thus the employment agreement in Romania was amended.
The main amendments to the Romanian Labor Code concern aspects such as: the unfavorable treatment of the employees in Romania, dismissal of the employees in Romania, working hours in Romania, information that the employer must provide to employees prior to employment, employee rights in Romania, elements of the employment agreement in Romania, e.g..The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in labor law in Romania who can provide legal assistance and consultancy in Romania regarding the aspects related to the employment agreements in Romania and labor disputes in Romania, given the complexity and strictness of the new provisions in Romania.
The amendments imposed by the Romanian Law no. 283/2022
Within the employment relations, the principle of equal treatment operates for all the employees in Romania and employers in Romania. One of the amendments brought by the Law no. 283/2022 aims to prohibit any unfavorable treatment of the employees in Romania and employees’ representatives in Romania. According to the article 5(9), the exclusion, distinction, restriction or preference of a particular job where, by the specific nature of the activity or the conditions under which the activity is carried out, there are essential and determining professional requirements, provided that the purpose is legitimate and proportionate requirements, does not constitute discrimination
Another amendment to the Romanian Labor Code is to prohibit the employer in Romania from ordering the dismissal of the employee in Romania in certain situations regulated by the law, such as during the period of the paternity leave and carers’ leave or during the absence from work. According to the article 62(4), employees in Romania may ask employers to justify the decision to dismiss the employees, in accordance with the Romanian law.
A lawyer specialized in labor law in Romania can provide legal assistance and consultancy on the issues related to the employment agreements in Romania and labor disputes in Romania. Within the Romanian Law Firm Pavel, Mărgărit and Associates, there are many lawyers with experience in employment contracts in Romania and labor disputes in Romania who have assisted clients of various nationalities in complex projects, mentioning, for example, the labor disputes in Romania, reviewing of the employment agreements in Romania, drafting of of the employment agreements in Romania and other employment law documents in Romania.
According to the article 111, “by working hours” in Romania means the model of organizing the activity, which sets the hours and days when the work begins and ends. According to the new regulations brought by the Romanian Law no. 283/2022, employees in Romania can have individualized work programs established by the employers in Romania, thus, having a limited duration in time.
Employees in Romania benefit from new rights, such as: the right to work with different employers in Romania or at the same employer, based on individual employment agreements in Romania, without overlapping the working hours, benefiting from the corresponding salary for each of them, the right to apply for a vacancy that ensures more favorable working conditions in Romania, the right to leave work in unforeseen circumstances in Romania, the right to be informed about the new mandatory elements of the individual employment agreement in Romania, e.g..
Also, the Romanian Law no. 283/2022 imposes the obligation of the employers in Romania to inform the person selected for employment / employee in Romania about the information such as the basic salary and payment method, working hours in Romania, work place or, in the absence of a fixed job in Romania, the possibility for the employee in Romania to work in different jobs, as well as if the movement between them is insured or settled by the employer in Romania.
This article highlights some of the amendments brought to the Romanian Labor Code, the employers in Romania being forced to adapt the new regulations, mainly being about the new mandatory elements which will be introduced in the individual employment agreements in Romania, as well as the supplementing of the rights of employees in Romania. The Romanian Law Firm Pavel, Mărgărit and Associates offers the highest quality legal services, having extensive experience in this field and therefore recommends contacting a lawyer specialized in labor law in Romania who can provide legal assistance and consultancy in matters related to employment agreements in Romania and labor disputes in Romania.