Changes to the Labour Code

A new law that recently amended the Labour Code, requires employers to conclude and register employment labour agreements at the authorities, no later than the day before the employee starts work. The amendment changes the deadline by which an employer must conclude and register the employment labour agreement. Before the amendments, an employer was required to register the employment labour agreement before the day the employee started the work, but no specific deadline was provided.

Also, an employer must register all the elements of the employment agreement in the employees’ registries such as:

(a) the employee’s data;

(b) the date when the employment agreement was concluded and the date when the employee starts the activity;

(c) the position/occupation according to the Romanian Classification of Occupations or other regulatory documents;

(d) the type of employment agreement;

(e) the length of the employment agreement;

(f) the working hours and schedule for part time employees;

(g)the gross monthly basic salary, allowances, bonuses, and other benefits as set out in the individual employment contract or, as the case may be, in the collective labour agreement;

(h) the user’s data in the case of temporary employment agreements;

(i) the date on which the secondment begins and the date on which the secondment ends, as well as the identification data of the seconding employer;

(j) if applicable, the date on which the international posting begins, the state in which the international posting is to be carried out, the name of the beneficiary to whom the posting is to be provided and the nature of the activity;

(k) if applicable, the date of commencement and date of termination of the secondment in the territory of a state which is not a member of the European Union or of the European Economic Area, the state in which the posting is to be carried out, the name of the beneficiary for whom the posted employee is to carry out the activity, and the nature of this activity;

(l) the suspension causes and period, if applicable, and the termination date of the suspension of the employment contract, except in the cases in which the suspension is based on medical certificates;

(m) the date and the legal basis of the termination of the employment agreement.

The employer has the obligation to inform the employee about the information specified above before starting the activity.

Another change mandates that employees belonging to religions other than Orthodox Christianity, have the right to days off, on days other than the legal holidays established by the Labour Code. Consequently, Muslims, Catholic Christians, Jews, and people following other religious denominations will have work free days on the religious holidays of their affiliation.

The Official Gazette published the new law on April 10, 2018, and the amendments became effective on April 13, 2018.

Stratulat Albulescu - Attorneys at law