Changes in labor laws

modificari codul muncii

Changes in labor laws

Order no. 1306/2022- regarding the new value of nursery vouchers: from October 2022 to March 2023, the value of a nursery voucher will be 570 lei.

Law 273/2022- regarding the increase of the unemployment allowance. According to art. 39. Para. 2, lit. a from Law 76/2002, the compensation will be set at 100% of the value of the reference social indicator (525.5 lei), instead of the previous 75%.

Law 275/2022- The Internal Regulation and the job description become mandatory again for micro-enterprises with a maximum of 9 employees. GEO 37/2021 is repealed.

Order 1001/2022 – the new instructions for calculating the disability fund provide that the number of disabled persons employed is calculated according to the fraction of the work rate.

 

Law 283/2022 amending the Labor Code:

A new Framework model for CIM. ITM (the Labor Authority) will make available to employers a new framework model of the individual employment contract (within 30 days). All the information contained in art. 17 para. 3 of the Labor Code will be included in the new framework model (job classification, basic salary detailed by components, duration of the contract and administrative terms and other details).

New types of leave introduced in the Labor Code :

  1. Carer’s leave: art. 152^1 of the Labor Code – Upon written request filed by the employee, the employer has the obligation to grant carer’s leave to the employee in order to provide care or personal support to a relative or a person who lives in the same household as the employee and who needs care or support as a result of a serious medical problems, lasting 5 working days in a calendar year.

The period provided for in para. (1) is not included in the duration of the annual vacation and constitutes seniority in work and in the specialty.

– The period of the carer’s leave constitutes a contribution period for establishing the right to unemployment allowance and allowance for temporary incapacity for work granted in accordance with the legislation in force.

  1. Leave for family emergencies: introduced by art. 152^2 of the Labor Code – The employee has the right to be absent from the workplace in unforeseen situations, determined by a family emergency caused by illness or accident, which make the immediate presence of the employee indispensable, provided that the employer is informed in advance and with the recovery of the absent period until the full coverage of the normal duration of the employee’s work schedule.

Absence from work provided for in paragraph (1) cannot last longer than 10 working days in a calendar year

The employer and the employee establish by mutual agreement the way to recover the period of absence, specified in paragraph. (1), within the limit of the number of days provided for in para. (2)

  1. Paternity leave: introduced by art 153^1 of the Labor Code – Paternity leave is the leave granted to the father of a newborn child under the conditions provided by the Law on paternity leave no. 210/1999, with subsequent amendments and additions.

 

Other changes to the Labor Code

  1. Accumulation of jobs: Any employee has the right to work for different employers or for the same employer, based on individual employment contracts, without overlapping the work schedule, benefiting from the corresponding salary for each of them. No employer can apply unfavorable treatment to the employee who exercises this right. (Art. 35 para. 1)
  2. Probationary period: It is prohibited to establish a new probationary period if, within 12 months, a new individual employment contract is concluded between the same parties for the same position and with the same duties. (Art 32, para. 2.1)
  3. Flexible work schedule: The employer can establish individualized work schedules for all employees, including those who benefit from carer’s leave, with their consent or at their request, which may have a limited duration. Any refusal of the request provided for in para. (1) must be motivated, in writing, by the employer, within 5 working days from receiving the request.
  4. The more favorable vacancy: the right to request a transfer to a vacancy that provides more favorable working conditions if he has completed his probationary period and has been with the same employer for at least 6 months. The employer’s refusal must be motivated, in writing, within 30 days of receiving the employee’s request.
  5. Working time: Working time represents any period during which the employee performs work, is at the disposal of the employer and fulfills his tasks and duties, according to the provisions of the individual employment contract, the applicable collective employment contract and/or the legislation in force. The work schedule represents the activity organization model, which establishes the hours and days when work begins and ends. The work organization model represents the form of organization of working time and its distribution according to a certain model established by the employer.

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