Labor Code – Law no. 53/2003 has been amended as of October 2022, and we selected the most relevant changes for your information, as follows:

• The employer will inform the person selected for employment or the employee about the following elements:
  – the place of work or carry out the activity in different areas of work, as well as if the movement between is ensured or settled by the employer.
  – the basic salary, other constituent elements of salary income, mentioned separately, the periodicity of salary payment to which the employee is entitled, and the method of payment.
  – the standard duration of work, expressed in hours/day and hours/week; the conditions for performing and compensating or paying overtime, if applicable, the methods of organizing work in shifts.
  – the duration and conditions of the trial period, if any.
  – the right and conditions regarding professional training offered by the employer.
  – the employer’s bearing of private medical insurance

– additional contributions to the employee’s optional pension or occupational pension, under the law, as well as the granting, at the employer’s initiative, of any other rights when they constitute advantages in money granted or paid by the employer to the employee because of his professional activity.

• The job descriptions are mandatory for employees of micro-enterprises as well.

• If the person selected for employment or the employee is going to carry out his activity abroad, the employer should communicate on time, before departure, the provided information and information regarding the country or countries.

• If the employer does not inform the employee about all the elements provided by this law the employee can notify the Labor Inspectorate.

• It is prohibited to establish a new trial period if, within 12 months, a new individual employment contract is concluded between the same parties for the same position and with the same attributions.

•Any employee has the right to work for different employers or the same employer, based on individual work contracts, avoiding overlapping the work schedule, benefiting from the corresponding salary for each. No employer can apply unfavorable treatment to the employee who exercises this right.

• The employees have the right to request a transfer to a vacant position that provides them with more favorable working conditions if they have completed their probationary period and have been employed for at least six months at the same employer. On the other hand, the employer also has the right to respond with reasons, in writing, within 30 days
of receiving the employee’s request.

• The rights of the employee before the suspension of the individual employment contracts, at the employee’s initiative, and in the case of caregiver leave for the employee to provide personal care or support to a relative or a person who lives with the employee or is absenteeism from the workplace due to unforeseen situations, determined by a family emergency caused by illness or accident, are maintained for the entire leave duration, respectively, of the period of absence.
• The dismissal of employees is also prohibited in the following cases:
  – for exercising, under the law, the right to strike and trade union rights.
  – for the exercise of the rights regarding information, skills, employee rights, trial period and professional educationThe dismissal of employees cannot be ordered even during paternity leave and care’s leave or during absence from the workplace under the conditions of unforeseen situations determined by a family emergency caused by illness or accident.
• Employees who consider that they have been dismissed for exercising their rights may request the employer to present, in writing, the grounds on which the dismissal the decision was based.
• When determining the duration of the annual leave from October 2022, the paternity leave, the care’s leave, and the period of absence from the workplace for unforeseen situations are considered periods of performed activity.
• The Labor Code introduces the obligation to grant five working days of care’s leave in a calendar year at the employee’s written request.
• 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 makes 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 standard duration of the employee’s work schedule for a period of 10 working days in a calendar year.
• Concerning Internal Regulations, the employer should inform each employee of the provisions of the Internal Regulations on the first day of work and provide proof of the fulfillment of this obligation, including in electronic format, provided that, in this case, the document is accessible to the employee. The Internal Regulation produces its effects on the employee from the moment of his knowledge.