Legal & Tax Alerts

New amendments in employment relations

There are new amendments in employment relations with respect to:

Framework template of the individual labour agreement[1]
Electronic signature[2]
Paid leave for Covid-19 vaccination[3]

The main amendments are:

New obligations for employers are provided in the framework template of the individual labour agreement, respectively all employers must inform the employees[4] in relation to the obligation to join a privately managed pension fund, and the microenterprises[5] with up to 9 employees must insert a brief description of the employee’s activity in the individual labour agreement, the job description is no longer mandatory in this case.

The employees and the employers can use, at the conclusion, modification, suspension or termination of the individual labour agreement, the advanced or qualified electronic signature, without the electronic time stamp and electronic seal being required.

The competent control authorities have the obligation to accept, for verification and control, individual labour agreements and addendums, as well as documents in the field of labour relations/labour safety and health, concluded in electronic format, with electronic signature, according to law, without requesting them in letter format.

The expenses incurred by the employer to purchase the advanced or qualified electronic signatures are deductible expenses.

The employees in public and private systems who are vaccinated against COVID-19 benefit, upon request, from a paid day off, which is not included in the annual leave, for each dose of vaccine administered, based on the vaccination certificate issued according to law, except for the employees who are vaccinated at the workplace as organized by the employer.

The above-mentioned rights are also granted to one of the parents or the legal representative of the child up to 18 years of age, as well as of the person with disabilities up to the age of 26 years, on the day of vaccination of the child, respectively of the person with disabilities.

 

[1] Order no. 585/2021 for amending and supplementing the framework template of the individual labour agreement, provided by annexe to Order of the Minister of Labour and Social Solidarity no. 64/2003, published in the Official Gazette, Part I no. 712 of 19 July 2021.

[2] Law no. 208/2021 for approving the Government Emergency Ordinance no. 36/2021 on the use of the advanced electronic signature or the qualified electronic signature, accompanied by the electronic time stamp or the qualified electronic time stamp and the qualified electronic seal of the employer in the field of labour relations, and for amending and supplementing some normative acts, published in the Official Gazette, Part I no. 720 of 22 July 2021.

[3] Law no. 221/2021 for supplementing Law no. 55/2020 on some measures to prevent and combat the effects of the COVID-19 pandemic, published in the Official Gazette, Part I no. 732 of 26 July 2021.

[4] The obligation applies only to the persons referred to in Article 30 of Law no. 411/2004 on privately administered pension funds, republished, as subsequently amended and supplemented.

[5] As defined by Article 4 paragraph (1) letter (a) of Law no. 346/2004 on stimulating the establishment and development of small and medium-sized enterprises, as subsequently amended and supplemented.

Cookie Settings